If you have Temporal Mandibular Joint Dysfunction (TMD) you may qualify for disability benefits
Author Attorney Lloyd Bemis:
For most people, their ability to work is linked to their ability to talk. Nearly every job requires at least some degree of verbal communication. Some professions, such as sales, tech support, or customer service, require nearly constant talking. Temporomandibular Joint Dysfunction (TMD) can cause stiffness and pain in the jaw making it difficult to talk, and difficult to work.
An estimated 3% of Americans are afflicted with TMD.
Temporal Mandibular Joint Dysfunction is loosely defined and can refer to many conditions which affect the joints and nerves in the jaw. Symptoms of TMD include tenderness, soreness and pain in the neck, jaw and ears. Sometimes the jaw will pop or click. Headaches, tinnitus (ringing in the ears), and spells of disorientation are other common symptoms. Pain and discomfort from jaw motion can make it difficult to chew or talk.
If you have been denied disability for Temporal Mandibular Joint Dysfunction you may still qualify for benefits. Contact an experienced Social Security disability attorney at 512-454-4000
The causes of TMD are still unclear.
For unknown reasons, 90% of all patients with TMD are women. Researchers believe hormone levels may affect the condition, but have yet to find conclusive evidence. Some cases of TMD are caused by injury – a dislocated jaw would certainly cause joint discomfort. Bruxism, or grinding your teeth, TMD and high levels of stress are all correlated. Arthritis is a known cause of TMD, but does not affect everyone suffering from the condition.
In cases where TMD is caused by tooth-grinding, a mouth guard can help lessen symptoms.
Other treatment options include: avoiding crunchy food, applying heat or ice to the jaw, massaging the jaw, muscle relaxers and pain relievers. Unfortunately, these treatment options only provide temporary relief. In severe cases, jaw surgery or dental realignment may be recommended.
TMD is a difficult condition to live with and it is easy to see how it would affect an individual’s ability to work.
Many people with TMD are not able to speak for long periods of time. Unfortunately, it can be very difficult to qualify for Social Security disability benefits on the basis of TMD alone. Social Security has a list of impairments which are eligible for benefits called the “blue book”. TMD is not listed in the blue book, but it is still possible to qualify for benefits under a similar listing or by proving you could not do any job.
There are some jobs which do not require speech, so it would difficult to prove an individual couldn’t do any job unless they had other medical conditions.
This means, in order to eligible for benefits, the applicant must prove their condition equals a similar listed condition. Fortunately, there is a listing for loss of speech:
“2.09 Loss of speech due to any cause, with inability to produce by any means speech that can be heard, understood, or sustained.”
If an individual’s Temporomandibular Joint Disorder causes them to lose the ability to speak, then they may be eligible for Social Security Disability Insurance.
Long-Term Disability insurance generally does not require that the applicant is unable to perform any job, only their current job for the first two years of disability.
For example, a call center operator applying for Social Security would likely be denied because they could go into data entry or some other job where speech is less necessary. However, under most Long-Term Disability insurance policies, they would be eligible because they could not continue to work their current job. The downside is that most Long-Term Disability policies change their definition of disability after two years, often leaving the beneficiary without benefits.
Contact a Social Security disability attorney at 512-454-4000 for a free consultation and see if you can get disability benefits for Temporal Mandibular Joint Dysfunction. If you have been denied disability don’t give up!
If you applied for Social Security Disability or Long Term Disability benefits and been denied, an attorney can help. We focus our practice on helping disability applicants in Central Texas appeal their claims against Social Security and Long Term Disability insurers such as CIGNA, Unum, or Aetna. The attorneys at Bemis, Roach and Reed have the experience and knowledge necessary to help you win the benefits you need. Contact us today for a free consultation. Call 512-454-4000 and get help NOW.
Author: Attorney Lloyd Bemis has been practicing law for over 35 years. He is Superlawyers rated by Thomson Reuters and is Top AV Preeminent® and Client Champion Gold rated by Martindale Hubbell. Through his extensive litigation Mr. Bemis obtained dual board certifications from the Texas Board of Legal Specialization. Lloyd is admitted to practice in the United States District Court – all Texas Districts and has argued before the U.S. Court of Appeals, Fifth Circuit. Mr. Bemis is a member of the Travis County Bar Association. He has been active in the American Association for Justice and is a past Director of the Capital Area Trial Lawyers Association. Mr. Bemis and all the members of Bemis, Roach & Reed have been active participants in the Travis County Lawyer referral service.
Your Free Initial Consultation
At Bemis, Roach and Reed, if we can't help you, we will try to find the right attorneys for you.
We offer each of our prospective clients a free no obligation one hour phone or office consultation to see if we can help you and if you are comfortable with us. We know how difficult a time like this can be and how hard the decisions are. If we can be of assistance to you and help you find a solution to your issue we will even if that means referring you to another attorney.
Or simply call 512-454-4000
to schedule your
Let's get you Started:
If you could provide us with some basic information about your claim we will get right back with you with a free case evaluation and schedule your Free Consultation Today.