I have been denied 3 times in the past three years for Social security disability benefits. I am a diabetic, I am on insulin, and oral medication, I have neuropathy from this condition, pain, and joint problems, chronic hypertension, anxiety, and depression, and side effects from all the prescribed medications I have to take dailey. I obtained an attorney, who was neglicance with my case, and somehow another client's file was mixed with my file. The administrative Judge made a decision on my case as unfavorable inspite of the mixing of the files. I demanded for my attorney to straighten this situation out, and a second request was made to go before the judge again(the same judge) and Iwas denied again. Now I am having to try to go before the appeals council against the Judge's decision, which I feel was unfair due to the gross mistake of the file mix-up. I dismissed that attorney, and now seeking another, with out any luck. If anyone have ever been turned down for disability benefits unjustly please contact me, or have any suggestions on what to do with this matter. My life depends on getting my disability and medical benefits.
Feb 7, 2013
Here is some information that may help as you are preparing to appeal again:
Qualifying for Disability Benefits with Diabetes
If you have uncontrolled diabetes and you have been prevented from working for at least 12 months, or you expect that you won't be able to work for at least 12 months, then you may be eligible for Social Security disability (SSDI/SSD) benefits or Supplemental Security Income (SSI) benefits. But to qualify for disability benefits, the damage caused by your diabetes must severely limit what you can do, or you must have complications that fulfill the requirements of one of Social Security's disability listings.
If your diabetes is uncontrolled because you don't follow your doctor's prescribed treatment, you won't be eligible for disability. For more information, see our article on failing to comply with treatment orders.
Meeting a Disability Listing for Diabetic Complications
The Social Security Administration (SSA) has a Listing of Impairments (the "Blue Book") that tells you how severe an illness must be to qualify for disability benefits. Unfortunately, diabetes is no longer included as a separate disability listing, so showing you have been diagnosed with diabetes won't automatically get you disability benefits. But, if you have complications arising from your diabetes that fall under a disability listing, you might get approved for benefits. If your complications meet the requirements of a listing, you will automatically be approved for disability benefits before Social Security even develops your RFC.
Following are some listing that people with complications from diabetes (hyperglycemia and hypoglycemia) often suffer from:
•Diabetic retinopathy (Listing 2.00). If you have blurred vision or poor visual acuity (between 20/100 and 20/200 in your better eye), or poor peripheral vision from surgery to correct your central vision, you can qualify for disability benefits under this listing. More about disability for vision loss.
•Diabetic nephropathy (Listing 6.06). If your kidneys are no longer filtering properly and you require daily dialysis or there is evidence of too much protein or creatine in your plasma, you may be able to qualify for benefits. More about disability for kidney disease.
•Diabetic peripheral neuropathies (Listing 11.14). Most people with diabetes have some form of nerve damage in their hands, feet, arms, or legs. But to qualify for benefits under this listing, you have to show that your neuropathy causes a significant disruption of your ability to walk, stand, or use your hands in a skilled way. More on disability for peripheral neuropathy.
•Cardiovascular problems. Diabetes can lead to coronary artery disease (listing 4.04), chronic heart failure (listing 4.02), peripheral vascular disease (listing 4.12), and an irregular heartbeat (listing 4.05). More about disability for heart problems.
•Poorly healing skin and bacterial infections (Listing 8.04). If you have ulcerating skin lesions that last for three months despite treatment and make it difficult for you to walk or use your hands, you can qualify for benefits under the listing for chronic skin infections.
•Amputation of an extremity (Listing 1.05). If you've had a foot amputated due to nerve damage and poor circulation caused by diabetes, you may be able to get benefits if you have other limitations as well. More about disability for amputation.
Because Social Security's disability listings require that the preceding complications be quite severe to qualify for disability, Social Security finds that most people who apply for disability due to diabetes do not meet a listing. The agency then goes on to do an RFC analysis (see below).
If you have diabetes and another impairment, such as depression or obesity, Social Security must consider the combined effects of your impairments when considering if your condition is equal to a listing and when doing your RFC analysis. For more information, see our article on combining multiple impairments for disability.
How Limiting Is Your Diabetes?
If you don't meet the requirements of a listing, to determine whether your diabetes limits your functioning so much that you can't work, the SSA will assess your residual functional capacity (RFC). Your RFC is a measurement of the level of activity that you can do despite your illness. For instance, an RFC can be for medium work, light work, or sedentary work. To determine your RFC, the SSA will review your medical history, your doctor's opinion (if it details your functional limitations and is backed up by medical evidence), and statements from you, your family, and your friends.
The SSA will look for information that shows how well you can use your arms and hands, stand, and walk. The SSA is also interested in whether you can focus on tasks, get along with others, and come to work on a regular basis. For instance, if you have poor control over your glucose levels during the day, the SSA might find that you are unable to concentrate for long periods of time. If you suffer from depression or extreme fatigue, your RFC might state that you are unable to perform work on a consistent and regular basis. If you have neuropathy in your legs from your diabetes, you might be unable to stand and walk for long periods of time. If you have blurred vision, your RFC should say that you can't perform jobs in which vision is important.
The SSA will then look to see whether your RFC is limiting enough that, given your age, the jobs you have held in the past, and your education level, you can't be expected to work. For example, if your visual acuity is 20/70 or worse, your RFC might note that you can't drive or work around hazardous machinery. If your prior jobs all required driving or working around hazardous machinery, and you have little education or skills you could transfer to another job, it’s possible that the SSA might find that there is no work you could be expected to do. However, this is likely only if you are 55 or older. If you are younger, the SSA will say there are plenty of unskilled jobs you could learn to do that don’t require driving or working around hazardous machinery.
Learn more about residual functional capacity and when it is limiting enough to get you disability benefits.
Appealing a Denial of Benefits
Most people who apply for disability based largely on diabetes are denied benefits the first time around and need to file an appeal to get a hearing in front of an administrative law judge. A disability lawyer can help you at a hearing by using strategies like combining the effects of multiple impairments, showing you have reduced productivity, proving you can't do sedentary work, and cross-examining Social Security's vocational expert at the hearing.
by: Beth Laurence, J.D.