What Every Social Security Disability Applicant with Cardiovascular Problems Needs to Know About Meeting a Cardiological Listing
The Social Security Administration (SSA) uses a 5 step sequential evaluation in every Social Security Disability claim to determine whether or not the applicant is entitled to Social Security Disability benefits.
At Step 3 of the 5 Step Sequential evaluation, the Social Security Administration will ask if you meet the elements of cardiovascular listing 4.00. If you meet Listing 4.00, you will automatically be entitled to you disability benefits at Step 3.
What is a Cardiovascular Impairment?
The SSA defines a cardiovascular impairment as “any disorder that affects the proper function of the heart or the circulatory system including arteries, veins, capillaries and the lymphatic drainage.” The disorder can be congenital or acquired.
The SSA requires that a listing level cardiovascular impairment be shown by symptoms, signs, laboratory findings, response to prescribed treatments, and functional limitations. Diagnosis alone is insufficient to meet the requirements of a Listing 4.00.
What Symptoms Meet Listing 4.00.
The cardiovascular Listing 4.00 requires that you have one or more of the four consequences of heart disease,
- Chronic heart failure or ventricular dysfunction,
- Discomfort or pain due to myocardial ischemia with our without necrosis of the heart muscle,
- Syncope, or near syncope, due to inadequate cerebral perfusion from any cardiac cause, such as obstruction of flow or disturbance in rhythm or conduction resulting in inadequate cardiac output, or
- Central cyanosis, due to right-to-left shunt, reduced oxygen concentration in the arterial blood, or pulmonary vascular disease.
Must My Cardiac Impairment Be Persistent?
Yes! You must also show that your impairment is “persistent” which means that your impairment must last at least one year.
The regulations also require that “your impairment be recurrent and that within a consecutive 12 month period, the findings occurs at least three times, with intervening periods of improvement of sufficient duration that it is clear that separate evens are involved.” 20. C.F.R. §404, subpt. P, app. 1 §4.00 (A)(3)(c).
What About Treatment?
The SSA also wants to make sure that you have complied with your medical treatment. Your refusal to comply with your physicians’ treatment or a lack of treatment can destroy a social security disability claim.
The SSA will want to see a minimum of three months of observation and treatment to evaluate the severity and duration of your cardiovascular impairment.
What Should I do if My Claim for Social Security Disability Benefits Has Been Denied?
If you live in the Tampa Bay Area you should contact Social Security Disability Attorney Nancy Cavey for your complementary consultation to learn more about your rights to Social Security Disability benefits as a result of a cardiovascular impairment.
If your claim has been denied, don’t delay you only have 60 days in which to file a request for reconsideration or a request for hearing. Call today at 727-894-3188.