Denied Disability with Multiple Sclerosis

The odds might be against you when you submit a disability application to the Social Security Administration (SSA), but after you start working with a state-licensed Social Security lawyer, you should have a better chance of winning an appeal for a multiple sclerosis (MS) disability claim.

Having the SSA deny a disability claim is more the rule than the exception. The federal agency denies a majority of disability claims covering a wide variety of medical conditions. When the time comes to file an appeal because you were denied with multiple sclerosis, submitting more persuasive evidence and undergoing a Residual Functional Capacity (RFC) assessment can boost your claim.

How to File a Convincing Appeal

Proving that the symptoms of multiple sclerosis have made it impossible for you to work should be the focus of your appeal. The SSA refers to a guide called the Blue Book to determine eligibility for Social Security disability benefits.

As a disease that can ravage the central nervous system, multiple sclerosis lists under Section 11.09 of the Blue Book. However, simply having multiple sclerosis listed in the Blue Book is not enough to warrant an approval of a disability benefits claim.

You also need to prove the severity of your MS symptoms. MS can trigger intense pain in the back or eyes, but the worst symptoms of the disease concern violent tremors and muscular cramping that can force someone living with the disease to lose coordination. Other severe symptoms of MS include chronic fatigue and excessive urination at night. The latter symptom can deprive a patient of much-needed sleep.

Getting a Denied Disability Benefits Claim Approved on Appeal

Proving the severity of your MS symptoms requires undergoing several diagnostic tests, with blood work one of the first tests you can expect a doctor to conduct. Blood tests rule out other diseases that produce similar symptoms.

A spinal tap can display serious abnormalities in the antibodies that are often a part of an MS diagnosis. MRI tests reveal whether MS lesions have developed on your brain and within your spinal cord. The development of lesions is a telltale sign of severe MS symptoms.

An RFC Can Reverse a Multiple Sclerosis Denied Disability Claim

If you did not meet the criteria established in the Blue Book for MS, you should complete an RFC assessment that is administered by your physician. Although the SSA requires applicants to go through an RFC assessment under the guidance of one of the agency’s physicians, the results of the RFC assessment might be biased in favor of the SSA.

Your doctor should conduct tests that determine the limitations MS has placed on you in the workplace. For example, your doctor might ask you to hold your arms and hands out to detect the power of any tremors. Another part of an RFC assessment can be strength tests to determine how much physical work you can handle on the job.

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Timing is Everything for an Appeal

The day you receive the letter that explained the denied Social Security with MS claim is the day that the clock started ticking on your appeal. You have 60 days from the day the SSA notified you about the denied claim to file the documents that are required by the SSA.
 

Before you begin planning your appeal, schedule a free case evaluation with a Social Security attorney. Your lawyer can ensure you submit the most compelling evidence that includes the results of an RFC assessment.

The moment you receive a letter explaining the denial of a Social Security claim is the day you should get started on your appeal. You have 60 days from the date of notice by the SSA to file the documentation needed by the SSA. Before you begin preparing your appeal, schedule a free case consultation with a Social Security Lawyer.

 

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