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Lupus: Is Social Security Disability Benefits Available for this Impairment?



Posted: Tuesday, May 13, 2008

by
Law Office of Jerry Lutkenhaus

     Lupus is a disease that affects the nervous system. For many, it is a mild disease but for others it is disabling. Social Security has a set of Impairment Listings. "Lupus" is distinguished by having a Social Security Impairment Listing in the Book under the name 14.02 systemic lupus erythmatosus under the category of immune system impairments. Unlike the other listings in the book  the lupus listing says you have to have lupus along with another problem caused by the lupus. The listing provides a laundry list of these other impairments:

A. One of the following other significant impairments:
1.   Joint involvement;
2.   Muscle involvement
3.   Ocular involvement;
4.   Respiratory involvement;
5.   Cardiovascular involvement;
6.   Digestive involvement;
7.   Renal involvement;
8.   Hematologic involvement;
9.   Skin involvement;
10. Neurologic involvement;
11. Mental involvement;
OR
B. Lesser involvement of two or more organs/body systems listed in paragraph A, with significant, documented, constitutional symptoms and signs of severe fatigue, fever, malaise, and weight loss. At least on of the organs/body systems must be involved to at least a moderate level of severity.
If the lupus is of such a severity, that the condition meets a listing for "renal involvement" for example the case will be easy. However, most of my cases have fallen into paragraph B of the lupus listing. We need to be able to show severe fatigue, fever, malaise and weight loss with the involvement of two body systems with at least one reaching the level of moderate severity. Of course, it is up to the Social Security Judge to decide whether or not "moderate severity has been reached.

In my most recent case, I had a young woman Ms. Sample. She had worked five years at Capital One as a finance clerk before having to leave work due to lupus. She was still only 25 years old and it often difficult to obtain disability for such a young person since every occupation in the national economy has to be ruled out. Ms. Sample could only get around by means of a walker, cane and a scooter. We were able to show she had (1) significant joint involvement and (2) respiratory involvement with at least a level of moderate severity through reports from her lupus doctor and her pulmonologist along with the requisite fatigue, fever, malaise, and weight loss. Thus, we demonstrated the "moderate severity" had been reached with regard to both her breathing and her joint problems. Thus, if you have lupus or know of someone with lupus, you should have his or her case evaluated by an experienced Social Security Lawyer for an assessment under 14.02 of the Impairment Listings. He or she may be entitled to disability benefits. In Virginia to find an attorney review  my article: Virginia Social Security Lawyer: How do you choose a good one?

This may be considered AN ADVERTISEMENT or Advertising Material under the Rules of Professional Conduct governing lawyers in Virginia. This note is designed for general information only. The information presented in this note should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.

Gerald G. Lutkenhaus, has been representing Social Security Disability claimants for 30 years in the Central Richmond Area in Virginia. He was given Martindale Hubbell's highest rating in 2003, for more information check our websites at http://www.virginiadisabilitylawyer.com or http://www.geraldlutkenhaus.com.
 

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