Helping those with Multiple Sclerosis
 
Obtaining medical records is the first step in proving disability. Sometimes files are well- developed by the state agency (Disability Determination Services (DDS)) hired by the Social Security Administration to develop a claimant's file...and sometimes they are not. DDS will often sent out report forms to claimants' doctors to complete to give an opinion regarding disability.  Sometimes doctors will complete those forms; often they will not.

The Social Security Administration does look to treating physicians for their opinions regarding disability. This is why I will solicit their opinions by way of a letter from them or having them complete a form which addresses the issues concerning disability.  For example, in MS cases, the form will inquire about signs and symptoms of MS, including: fatigue; pain; balance problems; difficulty remembering; poor coordination; depression; weakness; emotional lability; paralysis; difficulty solving problems; unstable walking; problems with judgment; numbness, tingling or other sensory disturbance; double or blurred vision/partial or complete blindness; increased muscle tension; involuntary rapid eye movement; spasticity; shaking or tremor; bladder problems; speech/communication; and bowel problems.

In addition, environmental limitations are considered, such as: extreme cold; extreme heat; wetness; humidity; noise; fumes, odors, dusts, gases, poor ventilation, etc.; and hazards (machinery, heights, etc.).

The form also specifically inquires as to the nature, frequency and severity of the patient's fatigue and other symptoms and asks the doctor whether or not the patient's fatigue and pain are credible. If pain and fatigue interfere with attention and concentration, the doctor is requested to explain the level of interference.

In accordance with Social Security's Listing of Impairments regarding Multiple Sclerosis, the form asks whether the patient has significant and persistent disorganization of motor function in two extremities resulting in sustained disturbance of gross and dexterous movement or gait and station. If it does, the doctor must describe the degree of interference with locomotion and/or interference with the use of fingers, hands and arms.

Also, in line with the MS Listing, the medical professional is requested to state whether the patient has significant reproducible fatigue of motor function with substantial muscle weakness on repetitive activity, demonstrated on physical examination, resulting from neurological dysfunction in areas of the central nervous system known to be pathologically involved by the multiple sclerosis process, and the degree of exercise and the severity of the resulting muscle weakness.

Of course, dates of Multiple Sclerosis exacerbations are requested as well as whether or not the patient complains of a type of fatigue that is best described as lassitude rather than fatigue of motor function.

The doctor is also asked to comment as to whether the patient's impairments, plus any emotional impairments, are reasonably consistent with the symptoms and functional limitations described in the form and whether or not emotional factors contribute to the severity of the patient's symptoms and functional limitations. Side effects of medications are also considered.

Finally, the doctor is asked to answer the ten thousand dollar question - whether the patient can work.

It is important for the treating specialist to explain how the claimant's MS affects these critical areas of functioning, which affects the ability to work.

As you can see, getting medical records is only the first step in proving disability. A lawyer representing a claimant will attempt to obtain the opinion of the treating neurologist to prove that the symptoms and signs described in the medical records prevent the performance of substantial gainful activity, that is, work.
 
Until next time...

Sincerely,

Richard Feingold

We Can Help

 
We have many years of experience in helping disabled individuals succeed in their disability claims.  Having good representation can make the difference between winning and losing and often can lessen the time it takes to receive benefits.

Some of the things we do to vigorously representing our clients include:  

1) Aggressively working with SSA to obtain the medical records so that SSA has the evidence it needs to establish disability;

2) Writing to treating doctors to obtain their opinions regarding their patients' impairments and disabilities.

3) Communicating with SSA decision-makers to zealously advocate on behalf of our clients; and

4) Providing effective and compassionate legal services to our clients during this often difficult time. 

These are just some of the things that we can do to help speed the process along toward a desired favorable conclusion. 

Free In-Service Regarding Social Security Disability Issues

We provide a free in-service to your staff regarding Social Security disability issues.  In this in-service, we cover the basics of Social Security disability law to help you identify and better serve those who may be eligible to receive these important monthly cash and health insurance benefits.  Please call me if you have questions about this or if you would like to schedule an in-service.  

Share this Newsletter

If you know anyone who would be interested in receiving this newsletter, please forward it to them and have them contact us.

Online Resources
Be sure to visit our Web site at www.USADisabilityLaw.com where we are constantly striving to provide more information for disabled individuals and those who provide services to them..
Other Legal Services

I also work with attorneys who help people file bankruptcy or have other debt problems.  

Stay Tuned

I'll be back with another newsletter to keep you informed regarding recent developments in Social Security disability law and related issues. 

Law Offices

Richard I. Feingold & Associates, P.C.

5153 N. Broadway Street

Chicago, Illinois  60640

Tel. (773) 989-9899 · Fax: (773) 944-9620

Web: www.USADisabilityLaw.com ● Email: Rich@USADisabilityLaw.com