12 Sep Diagnosis of Lupus and Obtaining Disability
Marken Law Group, PS, has helped hundreds obtain disability benefits through the Social Security Administration. We have experience in all mental and physical diagnosis and what Social Security looks for in determining whether you are disabled.
A diagnosis of Lupus is serious. Lupus is a chronic inflammatory disease when your bodies own immune system attacks its tissues and organs. The Social Security “listing,” provided below is what needs to be proven for an award of disability for Lupus.
14.02 Systemic lupus erythematosus.
A. Involvement of two or more organs/body systems, with:
1. One of the organs/body systems involved to at least a moderate level of severity; and
2. At least two of the constitutional symptoms or signs (severe fatigue, fever, malaise, or involuntary weight loss).
B. Repeated manifestations of SLE, with at least two of the constitutional symptoms or signs (severe fatigue, fever, malaise, or involuntary weight loss) and one of the following at the marked level:
1. Limitation of activities of daily living.
2. Limitation in maintaining social functioning.
3. Limitation in completing tasks in a timely manner due to deficiencies in concentration, persistence, or pace.
As with any Social Security listing the disabling condition needs to have been present for 12 months and/or expected to result in death.
The criteria is vague. Marked restrictions in activities of daily living, maintaining social functioning and concentration, persistence, or pace are purposefully vague. These limitations are not items that will show up in a typical medical report. These are borne out, rather, in the adult function report and your testimony in front of the administrative law judge assigned your claim.
With respect to listing 14.02(A), this can be difficult to ascertain in the medical records. The medical doctor needs to assign the specific symptoms; severe fatigue, fever, malaise, or involuntary weight loss, to your diagnosis of lupus. In many instances a diagnosis of lupus is not sufficient to meet the listing level for lupus.
The medical doctor needs to relate the diagnosis of lupus to your bodily symptoms and functioning as well as your symptoms being directly related to the diagnosis. This can be easily done with a residual functional capacity questionnaire specifically tailored to the diagnosis of lupus.
Marken Law Group has specific questionnaires we give your medical doctors to help you obtain disability benefits. We ask designed questions to obtain helpful answers from your doctor such as: Does your patient fulfill the diagnostic criteria for systemic lupus erythematosus (SLE) identified by the American College of Rheumatology (namely, exhibit at any time at least four of the first eleven signs or symptoms listed in question #4 below?
Marken Law Group, PS, has helped many with lupus obtain Social Security Disability benefits. We do not charge a fee unless you get the benefits you deserve. Call now for a free consultation. No Benefits, No Fee.