Author: drummond

A great number of Social Security Disability claimants who use our services have a component of “degenerative disc disease” as part of their disability claim. Although this particular problem can occur in the cervical, thoracic, or lumbar spine, we usually see it predominantly in the lower, or lumbar spine in most of our clients. This may be due, at least in part, to the fact that the lower spine is subject to considerably more pressure, use and trauma during a person’s life.

A disc acts as a soft “spacer” between the vertebrae to cushion impact and allow flexibility. Conceptually, it is something like a jelly donut, with the disc material being the jelly and the outer material holding the jelly in place between the vertebrae being called the “annulus”.

Disc material itself does not have a blood supply so it can’t repair itself. The disc can be injured or simply start to wear out from many causes including the wear and tear of life. It’s not unusual for people of a rather young age to develop degenerative disc disease which usually progresses.

The pain one experiences from degenerative disc disease can be from inflammation, injury or instability and this can allow the vertebrae to move more than normal. Many times people will call this a “slipped disc.”  Pain can be felt in the back itself or can radiate.

When we represent disability clients with degenerative disc disease, one of the first things we review is whether current diagnostic medical tests clearly define the nature and extent of the degenerative disc disease and its effect on the individual. The tests most commonly used to evaluate this problem are MRIs, CAT scans and EMGs.  For disability purposes, it is our job not only to document the existence of a significant condition such as “degenerative disc disease” but also to prove its symptoms are of such a severity to preclude employment.

Helpful Links:

http://www.spine-health.com/conditions/degenerative-disc-disease/what-degenerative-disc-disease

http://www.knowyourback.org/Pages/SpinalConditions/DegenerativeConditions/Default.aspx

http://www.medtronic.com/patients/lumbar-degenerative-disc-disease/index.htm

http://www.webmd.com/back-pain/tc/degenerative-disc-disease-topic-overview

 

Fibromyalgia or “fibromyalgia syndrome” as it is generally termed is a condition that can cause significant pain and disability. Despite the fact that it has been recognized as a legitimate health disorder by various medical groups including the American College of Rheumatology, both the medical community in general and the Adjudicators/Administrative Law Judges in the Social Security Administration often discount both the diagnosis and its symptoms.

The exact cause of fibromyalgia is not known and it is generally thought to be a combination of multiple factors. The most commonly recognized test for “fibromyalgia” involves finding  “trigger points” at various locations on the human body that are sensitive to touch, are painful or both.

It is generally felt that the cause of fibromyalgia may be a combination of both physical and mental factors. Likewise it is far more prevalent in females than males. A further complication ensues since many of the symptoms of fibromyalgia are similar to other diseases such as lupus, multiple sclerosis, rheumatoid arthritis and a host of connective tissue disorders.

When we deal with clients who have a disability claim based primarily on “fibromyalgia”, we recognize at the outset that it may be viewed with hostility as the claim is evaluated by the medical and legal professionals. Because of that, we often urge our clients to have comprehensive tests to make sure that their problems do not, in fact, emanate from a much more serious condition. Over the years we have found that a large number of people that were originally diagnosed with fibromyalgia also suffered from other disorders in addition to the fibromyalgia. The disorders that show up most frequently after testing for fibromyalgia and other conditions are, not too surprisingly, lupus, rheumatoid arthritis and osteoarthritic changes which cause similar pain complaints. In order to get a proper diagnosis our clients are urged to follow up with neurologists and rheumatologists to ensure that they get the proper clinical workup.

Since the advent of “Obama Care” otherwise known as the “Affordable Care Act”, adequate testing and evaluations are now available to the majority of the American public.

The Social Security Administration has published specific guidelines for the evaluation and diagnosis of fibromyalgia which we have transcribed and entered into a format to be used by medical professionals conforming to the Social Security Administration in a form that is acceptable under the guidelines.

You will find below some links that might assist you in some of your questions concerning fibromyalgia.

http://www.mayoclinic.org/diseases-conditions/fibromyalgia/basics/definition/con-20019243

http://www.webmd.com/fibromyalgia/default.htm

http://www.niams.nih.gov/Health_Info/Fibromyalgia/fibromyalgia_ff.asp

http://www.fmaware.org/about-fm.html

Diabetes mellitus or just “diabetes” is a condition which plagues hundreds of millions of people worldwide. The two most common forms of diabetes are “juvenile diabetes” and “adult onset diabetes.”  Many times juvenile diabetes is characterized as being “Type I” while adult onset diabetes is called “Type II.”

Juvenile diabetes, as the name suggests, usually strikes younger individuals and occurs suddenly with most of the victims being children. Type II diabetes is developmental and makes up the vast majority of diabetic cases. Diabetics often have elevated blood sugars but low blood sugar events, normally referred to as hypoglycemic attacks, can also occur.

Diabetes can affect multiple body systems and cause long-term complications.

Signs of diabetes can include blurred vision, prolonged healing, headache, fatigue, bowel disorders, numbness or pain and a host of other symptoms. It is easier to regulate or treat type II diabetes as it is more responsive to exercise, diet and medications than type I.

Diabetes that is progressive or untreated can result in diabetic ketoacidosis or even coma with long-term complications including diabetic retinopathy affecting the eyes, peripheral neuropathy in the arms and legs, kidney failure and a host of other problems.

For a disability attorney to adequately represent a client whose claim is based in whole or in part on diabetes, it is not sufficient simply to show that the disease exists in the claimant. Most Judges or Adjudicators expect to see documentation as to the effects of the disease in order to determine whether it would be disabling or not. Obviously many people have diabetes and go on to lead productive lives.

If the diagnosis of “diabetes” is a significant factor in one or more body system it becomes necessary to illustrate, from a medical point of view, what systems are affected, the degree to which that system is affected and the practical results of the limitations.

The two best ways to illustrate blood sugar problems are either to produce accurate records showing the actual blood sugar readings over time and/or the A1C levels dealing with average blood sugars over time. Additionally, it is helpful to get detailed reports from multiple physicians who are familiar with the claimant to assess the effect of the illness on a person’s day-to-day functioning.

You find below some links to some very helpful websites that may assist you with specific questions you have concerning diabetes.

http://www.medicinenet.com/diabetes_mellitus/article.htm

http://www.webmd.com/diabetes/default.htm

http://www.merckmanuals.com/professional/endocrine_and_metabolic_disorders/diabetes_mellitus_and_disorders_of_carbohydrate_metabolism/diabetes_mellitus_dm.html?qt=diabetes&alt=sh

http://www.joslin.org/?gclid=CPmxuIKk178CFQszaQodQbcA_Q

Many of our clients ask us whether or not we have a “Disability Doctor” who can help them get Social Security Disability benefits. The fact of the matter is, the only physicians that are normally recognized by the Social Security Administration in determining whether or not a person should be granted disability benefits are the treating physicians of the claimant.

The Federal Statutes mandate that for a diagnosis to be valid it must be made by a licensed physician, psychiatrist or psychologist. Many medical providers including nurses, nurse assistants, nurse practitioners, chiropractors and physicians assistants are not credible medical sources as to the claimant’s ultimate condition or disability. What this means, for most claims, is it is actually necessary to get a licensed physician involved in rendering an opinion.

At Drummond Disability we have developed a variety of user-friendly forms that are easy for doctors to fill out so we can comply with the Federal Regulations.

The only true “Disability Doctors” that are involved in a Social Security Disability claim are the ones employed by the Social Security Administration to examine the claimant and to render opinions as result of their examinations. In most claims, the Social Security Administration also employs physicians who read the medicals in the file without actually seeing the claimant and who also render an opinion as to the medical limitations based upon their review of the evidence.

Unfortunately, many of these reviews are sorely lacking and we have found that many of these particular reviews ignore much of the evidence in the file and will make findings totally unsupported by the medical evidence in the file. That’s when we go to work and do something about it!

If you would like to discuss your Social Security Disability or SSI claim with us, call us at 1- 800-842-0426 for your free evaluation or visit our website at www.drummonddisability.com.

Leukemia is often a condition which can qualify a person for Social Security Disability. Actually, Leukemia is a word for a collection of diseases, not one specific disease. Generally speaking, when a disability evaluation is made based upon a claim of Leukemia, the question is always whether it is severe or in sustained remission. Under the List of Compassionate Allowances, Acute Leukemia is recognized as being a condition which should get enhanced attention when evaluating disability claims. There is also a different section of the Social Security Disability regulations, called the Listing of Impairments, which mentions Leukemia specifically.  Under Listing 13.06, Acute Leukemia, a person is normally considered under a disability at least 24 months after the date of diagnosis or relapse, or at least 12 months from the date of bone marrow stem cell transplantation, whichever is later. Thereafter residual impairments will be evaluated. In addition to the above a second category of leukemia, Chronic Myelogenous Leukemia, is considered to be disabling at least 24 months from the date of diagnosis or relapse, or 12 months from the date of bone marrow or stem cell transplantation, whichever is later.

If you would like to discuss your Social Security Disability or SSI claim with us, call us at 1- 800-842-0426 for your free evaluation or visit our website at www.drummonddisability.com.

Helpful Links:

http://my.clevelandclinic.org/disorders/leukemia/hic_leukemia.aspx

http://www.mayoclinic.org/diseases-conditions/leukemia/basics/definition/con-20024914

 

Amyotrophic Lateral Sclerosis (ALS) is a neural degenerative disease usually affecting the muscles.  In the United States, it is also called “Lou Gehrig’s Disease.”  People with ALS get progressively weaker, often degenerating rapidly, and the disease impacts multiple body functions including the ability to speak and breathe and eat.

Because of the devastating effects of this disease and its rapid progression it is one of the ailments recognized by the Social Security Administration deserving of immediate approval for disability . Unfortunately, sometimes the communication process is lacking and the deserving claimants are denied benefits when the government employees in the disability process do not recognize it for what it is.

If you would like to discuss your Social Security Disability or SSI claim with us, call us at 1- 800-842-0426 for your free evaluation or visit our website at www.drummonddisability.com.

People often ask us at  Drummond Disability how they should dress for their hearing in front of an administrative law judge.  The short answer is to appear neat and clean without over dressing or attempting to make a statement. Body art or other ornamentation should be kept to a minimum or removed altogether. It is usually a good idea to wear clothing that conceals tattoos and remove all body piercings. Likewise obvious displays of jewelry is discouraged. Avoid wearing shirts or hats containing messages of any kind. Likewise emblems of any kind should be avoided such as motorcycles, crosses, product logos, messages or sayings or clothing that is revealing or representative of a racial, religious or ethnic identification.

When a person receives a written denial from an Administrative Law Judge after having a Social Security disability hearing a decision must be made concerning what to do next.  There are basically three options, an appeal to the Appeals Council, refiling a new claim or nothing at all.

The Social Security Administration has changed their policy concerning appeals to the Appeals Council.  Previously one could file an appeal and re-file an application for benefits at the same time. That is no longer the case.  The claimant must choose which remedy would be best in any particular circumstance.

Although an appeal may appear to be the obvious choice that may not be the best course since an appeal can often take over a year to process and if an appeal is favorable, the claim, in almost all circumstances, is simply returned to the Administrative Law Judge who conducted the prior hearing for a new hearing.

From a time perspective, it may be quicker to file a new claim, particularly if there is new evidence available likely to result in a favorable determination.

At Drummond Disability we try to select the best option for clients based upon multiple factors including the quality of the medical records, the timeframe involved, the date last insured and a host of other issues.

If you would like to discuss your claim with us, please call for consultation 1-800-842-0426.

Many people that apply for Social Security Disability or Supplemental Security Income benefits have a breathing impairment involved in their claim.  Although there are many different types of breathing impairments the most common are obstructive or restrictive disease,  asthma or hyper- reactive airways disease.

If a disability claimant suffers from obstructive airways disease, the test most commonly administered consists of a breathing machine that measures the ability of a patient to exhale air in order to evaluate their lung volume.  This is a volume-based study which means (considering the claimant’s height) a sliding scale has been developed that predicts abnormal breathing functions. Simply put a person who has lung capacity below that predicted for a particular height is considered to have obstructive lung disease. This means the lungs do not hold as much air as they should given the person’s size.

If a disability claimant has what is termed a “restrictive component” of their breathing ability, they are considered to have a “restrictive airways disease”.  Restrictive airways disease does not limit the amount of air that is taken into and expelled from the lungs.  A restrictive component measures the ability of lungs to transmit oxygen to the blood.

It is highly possible that a person can have normal lung volumes but still be unable to transmit the oxygen properly from the lungs to the bloodstream.  This can be due to damage to the lung walls where the oxygen exchange takes place between blood vessels in the air. A restrictive airways disease is measured by a blood gas test in which needles are implanted and the blood oxygen level is taken either in a resting or exercise test.  A person can have a perfectly normal resting blood gas test only to see the oxygen level of the blood take a steep decline with exercise. For some reason, blood gas tests are not utilized nearly as frequently as volume-based tests described above.

When Drummond Disability has a client with a breathing impairment and their lung volumes appear normal we usually advise them to have a resting and, possibly, an exercise blood gas test performed to further evaluate their condition.

Asthma is often also present in individuals with breathing problems
and may or may not be associated with other related breathing difficulties. The clinical issue in asthma related cases is the frequency and severity of the attacks and whether or not significant treatment is necessary from a physician or hospital in order to contain them. Most people use asthma inhalers and other types of medication that will deal with routine attacks.

If attacks can be contained with medication they are not normally considered to be disabling in and of themselves. In order to credibly develop an asthma related claim it is absolutely imperative that treatment be obtained from the proper medical sources on a regular basis to substantiate a disabling condition.

Hyper-reactive airways disease can often be a disabling condition or contribute to a disabling condition. Usually this problem does not really involve the lungs themselves but instead involves abnormalities with the bronchial tubes that deliver air into the lungs.   People with hyper-reactive airways disease often become extremely short of breath when exposed to respiratory irritants. Obviously some people are much more sensitive than others. In to properly develop a claim based upon hyperactive airways disease it is absolutely necessary to have medical professionals document sensitivity to even small amounts of irritants.

Many other factors that can impact breathing include but are not limited to heart disease, obesity, and musculoskeletal abnormalities.

If you would like to discuss your disability claim or the manner in which breathing problems might affect your claim, contact Drummond Disability at our toll free number, 1-800-842-0426, or visit our website at www.Drummonddisability.com.

 

Many people who have been diagnosed with cardiac arrhythmia/tachycardia are also found to specifically have what is called Wolf-Parkinson-White Syndrome. This particular syndrome is one of several disorders that affect the heart and interfere with the necessary electrical impulses which control the function of the atria and the ventricles of the heart.  Electrical signals  are generated and often track along an abnormal pathway which can cause premature contractions.  This particular disease causes a unique type of tachycardia known as atrioventricular reciprocating tachycardia.

Social Security disability applicants frequently have difficulties with arrhythmia/tachycardia and the symptoms resulting from same can form a valid basis for a disability claim.

Unfortunately people who apply for disability based on any type of cardiac arrhythmia seem to have a much more difficult time getting the claims approved than ones who have other types of cardiac problems such as reduced ejection fractions, congestive heart failure or a history of heart attacks.  At our law office, Drummond Disability, we  find that is often necessary to try to “educate” the Adjudicators or Administrative Law Judges as to the functional limitations imposed on people who suffer from  Parkinson-White-Syndrome and related disorders. If you have a disability claim and would like assistance presenting your claim (whether based on cardiac related issues or other disabilities) we can be reached by calling our toll free number: 1-800-842-0426 or by visiting our website at www.Drummonddisability.com.