Florida Huntington’s Disease Disability Lawyer
Compassionate Huntington’s Disease Disability Attorneys Serving Florida
The Social Security Administration (SSA) doesn’t always make it easy for those who have Huntington’s disease (HD) to get the Social Security Disability Insurance (SSDI) or Supplemental Security Income benefits they deserve. If you have been denied a claim, contact our Florida Huntington’s Disease Disability Lawyer today.
Many Huntington’s disease claims are denied because SSA says:
(1) Your Huntington’s disease won’t prevent you from working at least 12 months,
(2) Your Huntington’s disease problems aren’t severe,
(3) Your Huntington’s disease or its complications don’t meet the requirements of, or is the equivalent of, a Medical Listing,
(4) You can return to the lightest job you held in the 15 years before you became disabled, or
(5) There is other work you can do in the mythical national economy based on your age, education, transferable skills, and residual functional capacity.
Not all Huntington’s disease cases are severe enough to make you eligible for Social Security Disability benefits, but Nancy Cavey has successfully represented many SSA applicants with Huntington’s disease. She works to overcome the denial of the claim by working closely with you and your physician by showing that you:
– Meet the requirements for a disability listing for the complications of Huntington’s disease,
– Proving that your limitations are too great for you to work at your old job or any other job in the national economy in view of your age, education and transferable work skills.
She offers a free initial consultation and welcomes the opportunity to speak with you about your Social Security disability claim.
What Is Huntington’s Disease and What Are The Disabling Symptoms?
Huntington’s disease causes movement, cognitive and psychiatric disorders that vary from person to person, by symptom and severity.
The progression of the disease and these movement, cognitive and psychiatric symptoms must be fully developed in your medical records.
Movement Disorders In Social Security Disability Claims
The movement disorder symptoms include:
1. Involuntary jerking movements and impaired gait and balance, which can make it difficult to walk, sit, and stand,
2. Muscle rigidity, which can make it difficult to use your hands,
3. Slow or abnormal eye movements, which can make it difficult to read or use a computer, and
4. Difficulty speaking, which can make it difficult to interact with other employees and the public.
Cognitive Disorders
Cognitive impairments can destroy your ability to perform your occupational duties and interact with others in the workplace.
These can include:
1. Problems organizing, prioritizing and focusing on work tasks,
2. An inability to stay on task and finish work tasks,
3. Difficulty in learning new information, and
4. Slowness in processing thoughts and finding the right words.
Psychiatric Disorders
Huntington’s can organically cause a lack of impulse control that can result in outbursts in the workplace or a lack of awareness of one’s behavior.
Depression and anxiety are common psychiatric disorders associated with Huntington’s disease and can cause:
1. Social withdrawal,
2. Lack of interest in work,
3. Fatigue and loss of energy,
4. Feelings of irritability, and
5. Thoughts of suicide.
What The SSA Wants to See in Your Medical Records
SSA will review your medical records and look for the following:
– A diagnosis of the Huntington’s disease,
– A detailed description of your symptoms,
– Objective evidence of the physical, sensory and mental changes outlined above,
– Detailed treatment history, including medication, and your response,
– Side effects of medication, and
– Evidence that you have complied with treatment.
Huntington’s Disease and The Listing Of Impairments
There is a listing for Huntington’s disease in the Listing of Impairments; your medical records must establish that you meet every element of the Listing considered disabling.
You must have:
– Involuntary movement or lack of coordination in two extremities that cause significant continued problems with walking or the use of your arms, hands, and fingers,
– Changes in your cognitive abilities, including memory impairments, personality changes, emotional instability or loss of I.Q., that have led to difficulty in two of the following:
1. Performing daily activities,
2. Social functioning,
3. Concentration and persistence, or
4. Avoiding decreases in overall functioning due to decompression.
– A mental disorder that has lasted two years, limited your ability to work, and is managed by a physician through medication or therapy, and one of the following:
1. Repeated significant decreases in functioning due to decompensation,
2. Inability to manage even minimal mental demands, or
3. The need to continue to live in a highly-supportive living situation and having lived in one for at least one year.
If your complications from Huntington’s disease fall under or are equal to a listing, you might be approved for benefits at Step 3 of the Five-Step Sequential Evaluation.
If you have Huntington’s disease and another medical impairment, arthritis for example, SSA is required to consider the combined effects of your impairments when determining if your condition is equal to a listing or when doing your RFC analysis at Steps 4 and 5.
What happens if you don’t meet or equal a listing, then SSA determines your entitlement to benefits based on medical and vocational criteria at Steps 4 and 5. Because the listing requirements are difficult to meet, SSA finds that most disability applicants don’t meet a Listing.
If your Huntington’s disease and its complications don’t meet a listing, you will have to prove that you:
– Can’t return to the lightest job you held in the 15 years before you became disabled (PRW), and
– There isn’t any other work you can do in the mythical national economy based on your age, education, transferable skills and your residual functional capacity (RFC).
SSA or, ultimately an Administrative Law Judge, will answer those questions by determining your residual functional capacity. Your RFC is what you can do despite your Huntington’s disease.
Residual Functional Capacity For Huntington’s disease
The SSA will review your medical records at the Initial Application and Reconsideration stage of the claims process and determine your functional capacity to perform sedentary, light, medium and heavy work.
SSA medical consultants often opine that a Social Security Disability applicant can do light and sedentary work, and that will result in a claims denial. The lower your RFC the more likely that you can’t return to the lightest job you held in the last 15 years or perform other work. SSA doesn’t tell applicants or physicians about the existence and importance of properly completed RFC forms that explain:
– Your physical abilities, including how far you can walk,
– Whether you can walk effectively or must use hand-held assistive devices,
– How long you can stand and sit at one time and for an eight-hour work day,
– How much and how often you can lift, stoop, squat, bend during an eight- hour work day,
– Your mental abilities, including whether you have difficulty concentrating for long periods, can follow simple instructions, stay on tasks, have memory problems,
– Your sensory abilities, including the ability to communicate effectively,
– Whether you have good days and bad days and how many days per month you would miss from work, and
– Whether you have psychological problems, including depression or anxiety, that would interfere with your ability to work alone or with others, deal with superiors and understand social situations in the workplace.
This is not an exhaustive list of all the questions on a Huntington’s disease or other applicable RFC forms. But you can see that having an explanation of what you can do physically, cognitively and emotionally is key to winning your case.
Many SSA cases are lost because the applicant did not obtain an RFC or the right RFC form, or because their treating physician didn’t properly complete the RFC form. That is one of the many reasons you should have an experienced Social Security attorney like Nancy L. Cavey represent you in your claim.
How Your Residual Functional Capacity Is Used At A Social Security Hearing
Many claims for Huntington’s disease are denied both at the Initial Application and Request For Reconsideration stages of the claims process.
At the hearing stage, the Administrative Law Judge will determine your RFC and give hypotheticals to the vocational evaluator (VE) who will testify at your hearing. The judge will ask the VE to take into consideration your RFC, as determined by the judge, your age, education and prior work experience in determining:
– Whether you can return to the lightest job you held in the last 15 years,
– Whether there is other work you can do or could learn to do.
It is crucial that you are represented at a hearing to make sure the right questions are asked of the VE.
How Will My Florida Huntington’s Disease Disability Lawyer Get The Benefits I Deserve?
Huntington’s disease and its complications can interfere not only with your daily activities but with your ability to work. If you no longer can work or your doctor has told you to apply for Social Security disability, you should hire Nancy Cavey to help you:
1. file your initial Social Security Disability application. The application process is confusing and designed so you make mistakes that can result in a delay or even a denial of your benefits;
2. challenge a wrongful denial of your Social Security disability application or Request for Reconsideration;
3. file a Request for Hearing and represent you at the hearing with the Administrative Law Judge who will decide if you get benefits. She will have your physician, if possible, complete the right RFC(s), prepare you for the hearing, prepare a hearing brief, and be prepared to cross-examine the VE.
The SSA is in the business of denying claims and will use any reason to deny your benefits. The odds of getting your Social Security benefits are greater when you are represented by our Florida Huntington’s Disease Disability Lawyer, Nancy Cavey.
Contact Our Florida Huntington’s Disease Disability Lawyer Today
Huntington’s disease and its complications can make it difficult, if not impossible, to work. You owe it to yourself and your family to get help today! Ms. Cavey can explain the Five-Step Sequential Evaluation process used in every claim, the claims process and how to get your disability benefits. Contact our Florida Huntington’s Disease Disability Lawyer today for a free consultation at 727-894-3188.