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I was diagnosed with Multiple Sclerosis 10 years ago. I was working full-time until recently when my condition had substantially worsened. Now I am unable to work. Do I qualify for Social Security Benefits?
This is an excellent question. Whether you qualify for Social Security Disability benefits ultimately depends on the severity of your condition. If the symptoms resulting from your multiple sclerosis (“MS”) or other conditions, are severe enough you may qualify for disability benefits. First, in order to qualify for disability benefits the Social Security Administration (“SSA”) must find the individual “disabled” under social security rules. In order to more fully answer your question, we should start with a review of what it means to be “disabled”, review the two potential programs under which you might qualify, and review the criteria for individuals diagnosed with multiple sclerosis (“MS”) under applicable social security rules.
An individual is disabled if he or she is unable to engage in substantial gainful activity as a result of a severe impairment for 12 months or if the impairment is likely to result in death. Additionally, the impairment must be sufficiently severe to prevent the individual from engaging in past relevant employment or other potential appropriate employment.
Disabled individuals may qualify for Social Security Disability Insurance (“SSD”) benefits or Supplemental Security Income (“SSI”). Claimants qualify for SSD if they have sufficient work credits earned through social security wage tax deductions. If an individual does not have sufficient credits to qualify for SSD, or if the amount of benefits for which they qualify is too low under SSD, then he or she may qualify for SSI. Claimants may receive SSI benefits if they are disabled and have limited financial resources. Thus, an individual with MS found “disabled” will qualify for SSD if he or she has sufficient work credits, and/or will qualify for SSI if he or she has limited financial resources. Therefore, if your MS is sufficiently severe, and you are found “disabled” you might qualify for SSD, SSI, or both programs.
MS is a condition that affects one’s central nervous system, consisting of the brain, spinal cord, and optic nerve. The condition affects the ability of the nerves to conduct electrical impulses to and from the brain, resulting in various symptoms. Importantly, these symptoms may vary in severity and duration from one individual to another. Since the condition’s symptoms flare up from time to time, an individual may appear fit and able to work at times, and severely impaired at other times. This symptom inconsistency in some MS claimants presents a somewhat unique challenge to a social security disability case.
There are two ways an individual suffering from MS may qualify as “disabled”. The first way one may qualify is by meeting the Listing of Impairments for MS. This analysis asks whether the individual’s symptoms are sufficiently severe in duration and intensity to qualify under the Listing of Impairments. The Listing of Impairment, 11.09 Multiple Sclerosis, requires that the individual be diagnosed with MS and have either of the following: (1) “significant and persistent disorganization of motor function in two extremities, resulting in sustained disturbance of gross and dexterous movements, or gait and station”; (2) visual or mental impairments (severe); or (3) “significant, reproducible fatigue of motor function with substantial muscle weakness or 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.” If the evidence supporting your MS condition meets either of these listings, then you should be found “disabled.”
If your MS condition is not severe enough to meet the Listing, you may still qualify as “disabled” under the next analysis. The second analysis asks whether the individual’s condition is so severe that he or she can no longer be able to engage in past relevant work or other potential and appropriate employment. Your social security attorney will formulate an impression of you, residual functional capacity (“RFC”), which includes all of your maximum abilities and physical and mental limitations. The RFC will certainly include limitations imposed by your MS condition, but will also include other limitations not associated with your MS that directly affect your ability to work.
In conclusion, whether you will qualify for social security disability benefits depends on the severity of your MS condition and its limitations on your ability to work. As described above, there are two ways an individual suffering from MS may qualify as “disabled” under social security rules.
Should you have any questions regarding social security benefits, or if you would like to consult with an attorney, please contact our office. Thank you.