
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 can make the difference between winning or not winning the continuing disability benefits and backpay to which a person is entitled. To win a claim for ongoing and past due benefits, claimants should learn about the disability process to improve their chances of winning ssi or ssd - ssdi benefits. |
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As those who are afflicted with the condition well know, Interstitial cystitis is a medical condition of unknown cause that results in chronic, recurring pain in the bladder and pelvic region. Those who have interstitial cystitis, or IC, report varying and differing levels of symptoms. Typically, though, a patient with interstitial cystitis will report complaints of pelvic discomfort, a frequent and urgent need to urinate, and associated sensations of pressure, burning, and pain. At the moment, there is no listing in Social Security Disability 's Impairment Listing manual for the condition known as Interstitial cystitis (The blue book, or disability listing book, of course, provides the approval criteria for a number of different impairments. Impairments that are "listed" in this book may guarantee an approval of disability benefits provided that specific criteria are satisfied by the information found in a claimant's medical records). The social security administration has issued a ruling on Interstitial cystitis (issued on 11/05/02 and bearing the title "Policy Interpretation ruling, titles 2 and titles 16: Evaluation of Interstitial Cystitis). Unfortunately, this "ruling" only offers 1. some informational content describing the disorder itself and 2. a description of the sequential evaluation process used by the social security administration. Essentially, this places interstitial cystitis on the same footing as many other conditions that are both painful and disabling (such as carpal tunnel syndrome and fibromyalgia).
Without a listing in the listing impairment manual to establish the criteria by which an IC disability applicant may be approved for benefits, a claimant with interstitial cystitis must essentially show the following:
What are other work jobs? Basically, these are jobs to which a disability claimant's past work skills might reasonably be expected to transfer. For instance, an individual who previously worked as a general automotive mechanic (the exertional requirements of such a job would likely be classified as medium; that is, the ability to lift fifty pounds occasionally and twenty-five pounds frequently) but whose medical condition prohibits him from doing anything more than light work (social security defines this as the ability to lift twenty-five pounds occasionally and ten pounds frequently) might be expected to do other work such as a mechanic job that only requires light exertion. However, though many social security disability claims are denied on the assumption that a claimant can engage in other work, there are factors that can mediate the process. For example, if a claimant's condition limits them to light or sedentary work, but their past work involved medium exertion, it may be difficult in some instances to identify other types of work which they might be capable of doing. Furthermore, there are psychological and/or psychiatric factors that may come into play. If a disability claimant with interstitial cystitis can also alledge a mental condition (such as anxiety, depression, etc), there is the possibility that the claimant may be rated by a disability examiner as unable to perform SRRT's, or simple, routine, repetitive tasks. The inability to perform such tasks will often significantly curtail the number of "other work" jobs to which a claimant's past work skills might reasonably be expected to transfer. What tips can be provided to an individual who applies for disability benefits based on interstitial cystitis? Essentially, the same information that applies to other types of ssd and ssi claims (and which can be found on this page: Tips for Social Security Disability and SSI Disability Claimants.
However, there is one important tip that applies to interstitial cystitis claims which IC claimants should keep mind: the keeping of a diary. Keeping a detailed record of one's "emergency trips" does what a doctor's office notes will not do. It illustrates the difficulties posed in attending to the requirements of a job when one has interstitial cystitis. How useful can such a diary be? Quite frankly, it depends on the adjudicator. Most likely, a diary of frequent bathroom trips may have little bearing on a decision that is made at the initial claim or reconsideration level. However, this is not suprising. DDS claims examiners frequently ignore statements provided by treating physicians and even ignore reports of consultative examinations (which, ironically, DDS examiners authorize for the purpose of processing their cases). A claimant's "IC diary" may be much more useful, however, at the ALJ hearing level, and for very simple reasons. First of all, the approval rate for disability claims state-by-state and nationally, overall, is much higher than the approval rate for claims decided at the state DDS offices. Why are approval rates higher at the hearing offices? This is probably due, in large part, to the fact that judges are not subject to the whims of a "supervisor" who is concerned more with processing statistics than with rendering good decisions on claims. Secondly, though, a diary may be more useful at the hearing level simply because, at a hearing, the claimant will be more than a file. In other words, at a hearing, both the claimant and the administrative law judge will interact. Additionally, if an attorney or non attorney representative is present, the representative will advocate on the claimant's behalf. And, in fact, diaries are useful in other types of cases as well, such as seizure disorder and asthma cases (with either of these impairments, an attack may occur and end well before a doctor can be seen, thus making a diary a very useful tool for illustrating the regular and ongoing limitations posed by the illness). However, individuals with IC who choose to keep a diary should keep in mind that the diary is only as good as the information it presents. Therefore, to bolster a disability claim, a diary should be as detailed as possible, with all dates and times legibly notated. Disability Advocates Help with Claims Free Case Evaluation |
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