This information may help claimants with representation, as well as claimants who are not represented by an attorney or non attorney representative. Understanding how the Social Security Disability system works, of course, can make the difference between winning or not winning the benefits and backpay to which a person is entitled. More information may be found at the social security disability blog. |
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You could be awarded Social Security Disability (SSD) or SSI on the basis of hepatitis by meeting the listing for hepatitis in the official Social Security disability list of impairments titled, “Disability Evaluation under Social Security.” This book is commonly referred to as the blue book (it’s blue), and if you meet the criteria set down in this book for a particular physical or mental condition, you may be approved for disability. Hepatitis is listed in the blue book under the section dealing with the digestive system. To meet the listing for hepatitis you must have medical records indicating one of the following: 1. Esophageal varices with a documented history of massive hemorrhaging as a result. 2. Having had a shunt operation due to esophageal varices. 3. Pathologic fluid collection in the abdomen (ascites) for three months or more that has required removal of fluid from the abdomen (paracentesis); or hypoalbuminemia (low levels, 3.0 or less, of a major human protein needed for synthesis of molecules in the body). 4. Hepatic Encephalopathy. 5. High levels of bilirubin in the blood, 2.5 mg per 100 ml. or more, on repeat exams for at least three months. 6. A confirmed diagnosis of chronic liver disease with ascites as mentioned in item 3, or with serum bilirubin levels as mentioned in item 5, or with inflammation of the liver or cellular death of tissue within the liver (hepatic cell necrosis) for at least three months. This is demonstrated by a blood test showing abnormal prothrombin time (PT), a measure of how long it takes blood to clot, as well as blood tests indicating abnormal levels of other liver enzymes. These criteria, along with an official diagnosis from a licensed physician supported by a liver biopsy, are what it takes to win disability by meeting the listing for hepatitis in the blue book. However, you do not have to meet a listing in the blue book to win disability on the basis of hepatitis, or any other medial condition. Simply put, the focus of disability decisions is not on the particular impairment in question, but on how that impairment limits your ability to earn a living. Common symptoms of hepatitis, such as nausea and vomiting, extreme fatigue, muscle and joint aches, etc., make it difficult for many suffering with this disease to function at work, regardless of their serum levels. If you have been diagnosed with hepatitis and your symptoms are preventing you from engaging in SGA or substantial gainful activity (earning a minimum amount each month as defined by Social Security), then you may win SSD/SSI even if you don’t meet the criteria of the official hepatitis listing--on the basis of receiving a medical vocational allowance. You stand a good chance of being awarded disability benefits for hepatitis if you can demonstrate, though medical records, that your condition is severe enough to significantly limit your ability to work, and that it not expected to improve for a period of not less than twelve months, despite medical treatment. Disability Advocates Help with Claims Free Case Evaluation |
