A New York Social Security Disability Law Firm on Diabetes and Disability

May 28,2013
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Diabetes mellitus, more commonly known as diabetes, can be a serious disease that dramatically affects the person so inflicted. Many who suffer from diabetes and file a disability claim are denied by the Social Security Administration; the denial, however, may not be conclusive.

The Disability Process

Generally, the SSA may find diabetes’ claimants disabled under one of three scenarios:

  • The claimant’s diabetes is sufficiently severe to “meet” a SSA’s listing of impairments, or
  • The claimant’s diabetes otherwise “equals” a SSA’s listing, or
  • The claimant’s diabetes prevents working in previous jobs or other types of employment in consideration of all the circumstances.

Meeting a Listing

Despite the SSA’s listing of diabetes, only a limited number of cases will qualify:

  • Diabetes with severe nerve damage to two extremities such that it impacts the claimant’s ability to walk, stand, and move (neuropathy), or
  • Diabetes that creates a serious blood chemistry problem requiring regular hospitalization (acidosis), or
  • Diabetes with damage to the retina resulting in a significant loss of vision (retinitis proliferans.)

Equaling a Listing

Equaling a listing typically involves a New York Social Security disability law firm arguing that some other impairment, which in conjunction with diabetes, allows the SSA to conclude the claimant is disabled.

Inability for Gainful Employment

SSA’s criteria for a disability determination focuses initially on jobs held within the past but also considers the ability to gain employment in other jobs in consideration of age, skills, and education. This determination requires comprehensive medical documentation of all symptoms and a medical explanation of how those symptoms prevent the ability to perform specific work tasks.

Establishing the Claim

As important as the complete medical record is, the claimant’s own words can be the most persuasive evidence in the ultimate outcome. One effective way to establish the claim is to maintain a daily diary of symptoms and limitations.

Contact New York Social Security Disability Law Firm for Legal Advice

A claim for disability is a process. Maximize your ability to receive a favorable determination. Call Hermann Law Group, PLLC, a New York Social Security Disability Law Firm, at (914) 286-3030.