Obtaining disability benefits for Multiple Sclerosis

Can I get disability benefits if I am suffering from the effects of Multiple Sclerosis?

The signs and symptoms of MS can vary significantly among individuals, depending on the amount of nerve damage and the location of affected nerve fibers.

Some patients with MS may lose the ability to walk independently while others may experience extended periods of remission without the emergence of new symptoms. Some patients also experience severe pain, a cognitive decline, and overwhelming fatigue. Currently, there is no cure for multiple sclerosis. Nevertheless, various treatments are available to help facilitate recovery from attacks, alter the progression of the disease, and alleviate symptoms.

Can I get Disability Benefits if I am suffering from the effects of Multiple Sclerosis?

The Social Security Administration recognizes multiple sclerosis as a disabling condition in its Blue Book under Section 11.09.

Applicants who suffer from multiple sclerosis and who have been prescribed and regularly use a wheelchair or walker have a greater chance of approval of their initial disability application.

Younger individuals under age 50 with mild to moderate MS who can perform some type of full-time work typically will not qualify for disability benefits. However, those of any age who have MS and can work and perform daily tasks only on good days but not on their bad days can still recover, but they will need more evidence to document the number of days that their symptoms are severe enough to keep them from working. These individuals often have trouble qualifying for Social Security Disability benefits without assistance.

If you have multiple sclerosis and your symptoms do not meet Social Security’s exact criteria, you can take steps to increase your chances of approval.

First, discuss all your symptoms with your healthcare providers and let them know how MS interferes with your daily activities – dressing, washing, working, cooking, driving, shopping.

Make sure these symptoms and their effects are documented in your medical records.

In addition to a diagnosis of MS by a neurologist and a long-term record of your symptoms by a primary care physician, an MRI showing proof of demyelination and a spinal tap that shows increased myelin basic proteins will strengthen your case. Keep a detailed diary of your daily activities. Social Security will send you a form for you to complete called a function report to document the challenges MS presents in your life. If some days are worse than others, be sure to note how many breaks you need to perform these tasks and how many days of the month your MS prevents you from performing these activities. The form will have questions such as “Do you drive?” You do not have to answer with a yes or no; take time to explain that sometimes you can drive a short distance, but on other days, uncontrolled body movements, pain, fatigue, cognitive issues, or blurred vision prevent you from going anywhere. Social Security may also request statements from others about your condition, such as an employer or colleague. Ask someone close to you to give a statement describing the challenges MS presents in your daily activities.

One way to prove disability is to show you have difficulty walking.

If you need an assistive device such as a wheelchair or walker, ask your doctor for a prescription, even if you already have the device or cannot afford the device. Social Security may assume that if there is no prescription for an assistive device, the patient doesn’t need one. If you are still working, keep track of your absences and the breaks you need throughout the day. This is important in establishing that your ability to maintain employment has declined. Social Security employs vocational experts who regularly testify that if a person is off-task 10% to 15% of the day or more, they are unemployable. These experts also will state that if a person is regularly absent more than two days a month, they are unemployable. If you consistently need to stop and take breaks from work because of the challenges of MS or miss work several days per month, you cannot maintain full-time employment. Please remember that even if you only work part-time but still earn more than Social Security allows under its substantial gainful activity (SGA) requirements, you will not be legally able to collect Social Security disability benefits.

Additionally, individuals who suffer from MS could also qualify under other listings if other body systems have been affected by the disease.

It is essential to document any additional medical conditions you may have, such as cognitive decline, arthritis, anxiety, or depression, in your medical records, as these may help demonstrate your inability to perform other types of work. Many applicants experience multiple illnesses or injuries that hinder their ability to work full-time. While a single condition may not fulfill the criteria for a listed impairment as outlined in Social Security’s Blue Book, if an applicant has multiple medical conditions, Social Security must consider how those health issues, when combined, limit an applicant’s ability to hold a job and perform necessary daily tasks. In addition to your health issues, for persons over 50 years old, Social Security will consider your age, past work, and educational background under its grids system, as these elements influence your capacity to obtain and sustain employment.

Because multiple sclerosis can be an episodic disease with periods of relapse and periods of remission, it can be tricky to qualify for Social Security Disability benefits.

As applying may be problematic, if your symptoms interfere with writing and filling out forms, you may need assistance completing your disability application. Consulting an experienced Social Security Disability attorney to review your case and take over the burdens of gathering evidence and filing your application can prevent costly mistakes and increase your chances for approval.