The immune system is an essential component of the body. It protects against germs, viruses, bacteria, or other invasive organisms that can cause infections and diseases. When the immune system fails to function correctly, a person can experience serious illnesses that can impact their physical health and leave them feeling exhausted and ill. In severe cases, these disorders can prevent an individual from holding down a job or pursuing their daily activities. Fortunately, people with qualifying immune system disorders may be eligible for Social Security disability benefits. People who suffer from these types of disorders will need to determine what benefits may be available and how they can demonstrate that they are disabled.

What Is an Immune System Disorder?

Before diving into the Social Security Disability application process, it is important to understand what immune system disorders are. These disorders occur when the immune system fails to function correctly. In some cases, this may lead the immune system to attack healthy bodily tissues, leading to inflammation and other serious health concerns. Immune system disorders may be acquired or inherited, and symptoms can vary depending on the disorder.

Update: As described below, the issue of "concentration, persistence, and pace" can play a significant role in determining whether a person's condition qualifies as a disability. When applying for Social Security disability benefits, a person may be able to show that they are unable to work in jobs they have held in the past or find employment in other jobs because they cannot concentrate on their work or continue working at the expected pace during the day. It can be helpful to understand the types of conditions for which concentration, persistence, and pace may be a factor when applying for Social Security disability benefits.

Some conditions where a person may be able to show that they qualify for disability benefits due to issues with concentration, persistence, and pace include:

There are a variety of health issues that can affect people, cause them to experience limitations on the activities they can perform in their daily lives, and make it difficult to find or maintain employment. Sensory impairments, including vision loss, hearing impairments, or speech disorders, can be especially difficult to deal with. Fortunately, people who suffer from these issues may qualify for Social Security disability benefits, which will provide them with assistance that will allow them to meet their ongoing needs. In these situations, it is important to understand the requirements a person will need to meet to show that they are disabled and are eligible for benefits through Social Security.

Impairments Related to Special Senses and Speech

To qualify for Social Security disability benefits, a person must earn an income below the amount that is considered to be "substantial gainful activity," and their condition must be severe enough to prevent them from earning sufficient income. Social Security maintains a "Listing of Impairments" that are severe enough to automatically qualify a person for disability benefits. One section of this listing details the requirements for conditions related to "special senses and speech." The impairments listed in this section include:

If you have a physical or mental condition that qualifies as a disability, you may apply for Social Security disability benefits. When doing so, you will need to demonstrate that your condition is severe enough that it prevents you from maintaining gainful employment and earning enough income to meet your ongoing needs. During the Social Security disability application process, it is important to understand the role that medical experts may play in your case. Medical evidence is an essential part of proving that you meet the criteria for receiving disability benefits. Medical experts can ensure that this evidence is evaluated correctly to determine whether you meet the requirements to be considered disabled.

What Is a Medical Expert? 

A medical expert is a doctor or other healthcare provider who has the necessary experience in the diagnosis and treatment of conditions related to the specific disabilities involved in a particular case. The purpose of having a medical expert review your records is to give an opinion about whether or not your condition meets the criteria for disability. In some cases, this may be done through a physical examination. However, in most cases, the testimony of a medical expert will be based on a review of your existing medical records. 

If you are planning to apply for Social Security disability benefits, or if you are currently receiving benefits, it is important that you follow the course of treatment that has been prescribed by your doctor or other medical professionals. Failure to do so can result in a number of consequences, including the denial of a disability claim or the loss of your benefits.  If you have encountered any issues related to treatment for your condition, it is important to understand how Social Security will address these situations.

When Will Social Security Consider Whether Prescribed Treatment Has Been Followed?

Treatment plans for a disabled person are typically put together by a combination of their doctor, physical therapist, and other medical professionals. The goal of the treatment plan is to help them improve their condition to the point where they can either return to work or stabilize their condition. There are a variety of different types of treatments that a person may be required to undergo. These can include (but are not limited to): 

• Prescription medications
• Physical therapy
• Psychological counseling
• Surgery 

Generally, Social Security will only look at whether a person has failed to follow prescribed treatment if all of the following conditions exist:

Over the last several years, it has become well-known - if not medically well-understood - that many people who were infected with COVID continue to have disruptive symptoms long after the initial infection has cleared. This has generally been referred to as “long COVID,” with people who experience this phenomenon “COVID long-haulers.” The symptoms associated with long COVID can interfere substantially with a person’s life and ability to work. Significant and persistent tiredness or fatigue is an oft-cited concern of individuals with lasting COVID symptoms.

Some individuals - predominantly women - have even had a COVID infection contribute to the development of a little-understood medical condition known as Postural Orthostatic Tachycardia Syndrome (POTS). In some cases, long COVID can rise to the level of a disability for the purposes of Social Security Disability benefits. If you are unable to work due to the lasting effects of COVID, an attorney may be able to help you get the disability benefits you need. 

The Substantial Limitation Requirement and Long COVID

A disability is a physical or mental health condition that substantially limits at least one of a person’s major life activities. People with long COVID may or may not experience symptoms that limit their daily activities. Long COVID symptoms and effects that may rise to the level of a disability include: 

The spine is a complex system of bones, muscles, and ligaments that protect the spinal cord and allow the body to move. Because the spine is so important to the body’s overall function, any disorder that affects the spine can have a significant impact on a person’s quality of life. These disorders can also affect a person's ability to maintain gainful employment, and those who are significantly disabled may qualify for government benefits. Disability benefits are provided by the Social Security Administration (SSA) in cases where a person cannot work because of a serious medical condition. This includes individuals who suffer from spine disorders. To qualify for benefits, applicants must have a condition that will last at least one year or result in death. 

Types of Spine Disorders That May Qualify for SSD Benefits

There are multiple types of spine disorders, and they can cause a variety of debilitating symptoms depending on the parts of the spine that have been affected and the severity of the condition. Some of the most common symptoms related to spine disorders include pain, muscle weakness, numbness, difficulty walking, and problems with bladder or bowel control. In some cases, spine disorders can also lead to paralysis.

Some common spine disorders that may qualify a person for Social Security disability benefits include:

There are numerous different types of illnesses, injuries, and other medical or psychological issues that may affect a person's ability to work. In situations where a person is unable to maintain gainful employment, disability benefits may be available through Social Security. However, applying for Social Security disability benefits can be a lengthy and complicated process. In order to increase the chances of being approved for benefits, it is important for an applicant to be able to effectively demonstrate that they are disabled. With the help of an attorney who is experienced in Social Security disability cases, an applicant can provide the correct information and show that they need assistance.

What Should Be Included in a Social Security Disability Application?

Social Security disability benefits will only be available to those who are considered to be totally disabled. There are multiple complex requirements that must be met to demonstrate disability, but generally, a person will need to show that their condition is severe enough that it has prevented them from doing work they had done in the past or from finding other jobs that would allow them to earn sufficient income to address their ongoing needs. 

To demonstrate disability, a person will need to include the following information on their application for Social Security benefits:

There are many types of impairments that can affect a person’s ability to maintain gainful employment. A person who has experienced an injury that makes it difficult or impossible to perform work-related activities may qualify for disability benefits through Social Security, including Social Security Disability Insurance (SSDI). Carpal tunnel syndrome is one issue that can affect people in multiple industries, including those who regularly type on computers or people such as auto mechanics who use their hands to complete work-related tasks. Those who have experienced these types of repetitive stress injuries can take the correct steps to apply for Social Security disability benefits by working with an attorney who is experienced in these types of cases.

Is Carpal Tunnel Syndrome Considered a Disability?

To qualify for SSDI benefits, an applicant must meet a number of requirements, including showing that their health conditions have lasted or are expected to last for at least one year. A person must be unemployed or working at a level below substantial gainful activity. An applicant will also need to provide medical evidence showing that their condition is severe enough to be considered a disability.

A person will usually qualify for disability if their condition is defined in Social Security’s Listing of Impairments. However, carpal tunnel syndrome is not included in this listing. To prove that they are disabled, a person will either need to show that their condition is equivalent to a condition in the listing, or they must demonstrate that carpal tunnel syndrome has made it impossible for them to do work they had done in the past or find other jobs.

Social Security disability benefits are designed to provide financial assistance for those who cannot earn an income through substantial work due to a medical condition that has lasted or is expected to last at least a year or result in that person’s death. Typically, if an application for Social Security disability benefits is approved, the benefits will begin after a five-month waiting period after the first month the person was considered disabled. This is designed to ensure the condition is a lasting disability and is serious enough to warrant benefits. However, the Social Security Administration, with input from the public and the medical community, has identified diseases and medical conditions that due to their serious nature or their lengthy or permanent disability status, will clearly meet the standards for disability. This is known as the compassionate allowance program.

Qualifying for a Compassionate Allowance

By identifying a set of diseases and medical conditions that meet disability benefits, the Social Security administration can reduce the review time of a typical case and get the benefits to individuals with the most serious conditions and disabilities much more quickly. They do not have to wait as long for a disability determination and can start receiving their benefits the month after they qualify, instead of after the normal five-month waiting period. The same rules are used by the SSA to evaluate compassionate allowance when they evaluate applications for both the Social Security Disability Insurance (SSDI) and the Supplemental Security Income (SSI) programs.

The most common types of medical conditions or diseases that qualify for compassionate allowance include:

Social Security disability benefits are often associated with individuals whose physical condition limits them from earning a substantial income. However, people who suffer from mental health conditions often find it challenging to keep a job or perform their tasks successfully. Fortunately, if you suffer from a mental condition that impacts your employment, you may be eligible for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI).

Qualifications for Benefits

Due to the impact on their cognitive processing, memory, ability to communicate, and ability to regulate their moods, people who suffer from mental health conditions may not be able to earn enough to adequately support themselves and their families. 

If your condition meets the following criteria, we can proceed with an application for benefits.

Serious illnesses and other health conditions can have a huge impact on a person’s life. They may not only cause a great deal of pain, discomfort, and difficulty during daily activities, but they can also limit a person’s ability to work. These issues may cause a person or family to struggle financially as they determine how to pay medical bills while also covering their ongoing living expenses. In cases where a person’s condition is severe enough to be considered a total disability, they may be able to receive Social Security disability benefits. This form of public aid can be a lifeline for a family in a seemingly impossible situation. However, the process of applying for SSD benefits can be complicated, and a person will need to understand the steps they can take to avoid the denial of their disability claim.

Important Steps to Follow During the SSD Application Process

To qualify for Social Security disability, a person must be experiencing a serious medical condition that has affected their ability to earn income that is considered “substantial gainful activity” (SGA). A condition must have affected a person for at least 12 months, or a medical prognosis must show that it will be expected to last for at least one year. To demonstrate that a person meets the necessary qualifications, they will want to do the following when applying for SSD benefits:

• Provide medical information - To determine whether a physical or mental condition is considered a disability, Social Security will review multiple types of information about their diagnosis and treatment. An applicant will need to provide contact information for all doctors and medical facilities that have provided treatment, as well as medical records, test results, or other relevant information. This will ensure that Social Security will have enough information to determine whether a person’s condition meets the criteria to be considered a disability or whether the effects of a condition have limited their ability to maintain gainful employment.

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There are many different reasons why a person may become disabled, and if they suffer from health issues that prevent them from working, they may qualify for disability benefits through Social Security. Cancer is one of the most serious health conditions that can affect a person, and in can impact nearly every part of their life. In addition to experiencing debilitating symptoms from cancer itself, the forms of treatment that may be used, such as surgery or chemotherapy, may affect a person’s ability to work and complete daily activities. Those who have been diagnosed with cancer will want to understand the requirements they will need to meet to show that they are disabled and ensure that they will be able to receive Social Security disability benefits.

Types of Cancer in Social Security’s Listing of Impairments

To be considered a disability, a person’s condition must be severe enough to limit their ability to maintain gainful employment, and it must have lasted or be expected to last for at least 12 months. When determining whether a person is disabled, one of the key steps in the process will involve the Listing of Impairments, which details the types of conditions that Social Security will consider being disabilities. If a person meets the qualifying criteria described in the Listing for their condition, they will qualify for disability benefits. However, even if a person’s specific condition is not included in the Listing of Impairments, they may still be able to demonstrate that they are disabled by showing that their condition has prevented them from performing work they had done in the past or finding other types of employment that fit their physical limitations.

The Listing of Impairments includes criteria for multiple forms of cancer, including:

If you suffer from a disability, you may struggle to earn enough income to support yourself. Fortunately, you may be eligible to receive Social Security disability benefits. However, even when you receive these types of benefits, you may still want to work when possible so that you can earn additional income and continue to be active. If you choose to pursue employment while you are on disability, you will want to be sure to understand how the income you earn will affect the benefits you receive.

Social Security’s Rules for Returning to Work

While Social Security will provide benefits for those who experience total disabilities that make it impossible to fully support themselves, it encourages the recipients of these benefits to return to work when possible. There are certain incentives that recipients of Social Security Disability Insurance (SSDI) can take advantage of, and they may be able to ease their way back into the workforce while still ensuring that they will be able to receive disability benefits when needed.

You will generally be able to continue receiving Social Security disability benefits as long as the income you earn is below a certain limit. This limit is known as substantial gainful activity (SGA), and in 2022, it is set at $1,350 per month. If you plan to begin working, and you expect to earn more than the SGA limit, you can continue receiving disability benefits as you transition back to work. Social Security allows for a “trial work period” that will allow you to test your ability to work for nine months. Any month in which you earn more than $970 will count toward your trial work period, and you can continue receiving disability benefits until you have completed nine trial work months within a five-year period. If you have expenses related to your disability, such as costs for transportation, a wheelchair or other assistive devices, or accommodations in your workplace, these expenses may be deducted from your income when determining whether your earnings are sufficient to qualify as a trial work month.

People who have qualifying disabilities may be able to receive benefits through Social Security. These benefits can provide essential assistance to ensure that a person will be able to cover their ongoing living expenses. However, there are two different types of Social Security disability benefits, and understanding the differences between these programs, the amount of benefits that a person may be able to receive, and the eligibility requirements can help a person ensure that they will be able to receive the maximum benefits.

Employment-Based and Needs-Based Disability Benefits

The types of disability benefits a person may be eligible for will be based on multiple factors, including their income, their work history, their needs, and the health conditions that have caused them to be disabled. Social Security Disability Insurance (SSDI) is based on a person’s history of employment, and the benefits paid will be calculated using their average lifetime earnings. Supplemental Security Income (SSI) is based on a person’s needs and financial resources, and the amount of benefits will be based on a standardized rate and certain other factors.

SSDI is usually the preferred option since the amount of benefits a person will be able to receive will usually be higher. While the amount of benefits will vary depending on the income a person has earned during their career, the average monthly SSDI benefit in 2022 is around $1,300. However, to qualify for SSDI, a person must have the required number of work credits based on their age. Those who have been unable to maintain steady employment or who have not been able to earn a sufficient income may not be able to receive these types of benefits.

A disability can affect a person’s life in many ways. In addition to struggling to earn enough income to support themselves, a person may also experience difficulties as they perform daily activities at home and in their personal life. Fortunately, Social Security disability benefits may be available to those with qualifying disabilities. These benefits can address a variety of health conditions, including mental health issues such as post-traumatic stress disorder (PTSD).

Qualifying for SSD Benefits Based on PTSD

Post-traumatic stress disorder is a mental health condition that may affect those who have experienced traumatic events. Military veterans who have been in combat situations may suffer from PTSD, but this issue can also affect survivors of car accidents, animal attacks, assaults, or other dangerous or frightening situations. A person with PTSD may experience multiple debilitating issues, including flashbacks in which they relive their trauma, bad dreams that result in lack of sleep or other sleep disorders, and emotional distress triggered by reminders of their trauma. They may also experience avoidance symptoms in which they do everything they can to stay away from people, places, or events that may remind them of what happened to them. PTSD can also cause a person to experience other mental health issues, such as depression, mood swings, lack of interest in activities they had previously enjoyed, and difficulty maintaining relationships with loved ones.

To qualify for Social Security disability benefits, a person will need to meet certain criteria to show that their condition is severe enough to be considered a disability. A person will need to provide documentation from a doctor or psychologist that verifies that they were exposed to an event that put them at risk of injury or death, that they have had flashbacks or other situations where they involuntarily relived the trauma, and that they have experienced avoidance symptoms, mood disorders, and reactions such as sleep disorders or being easily startled.

There are many different health issues that can limit a person’s ability to perform work and complete daily tasks. When these issues prevent a person from working at a level that will allow them to maintain a certain level of income, they may be able to receive Social Security disability benefits. However, to qualify for these benefits, an applicant must demonstrate that they meet certain eligibility requirements. When evaluating a case, multiple factors will be considered, including residual functional capacity, or RFC.

What Is Residual Functional Capacity?

Social Security will look at whether physical or mental conditions will prevent a person from engaging in the types of work they have done in the past and any other forms of employment that may be available. Residual functional capacity is determined based on the types of work activities a person is able to perform while addressing the limitations caused by their health conditions.

When determining residual functional capacity, Social Security will consider multiple types of limitations that may apply in a person’s individual situation. These include issues that affect their physical abilities, such as whether they are able to sit or stand for extended periods, lift and carry objects of different weights, reach overhead, or bend, stoop, crouch, kneel, or crawl when performing work. Social Security will also evaluate any limitations on a person’s mental abilities, including their ability to remember information, understand and follow instructions, engage in simple or complex tasks, respond to supervisors, and interact appropriately with coworkers or customers.

If you suffer from health issues or other difficulties that prevent you from working, public benefits such as Social Security disability can be essential. However, if you are planning to apply for disability, or if you have begun receiving these types of benefits, you may be unsure about how long you will receive payments or whether your benefits will be temporary. By understanding the procedures Social Security uses to review your case and determine whether continuing benefits are appropriate, you can make sure you take the right steps to receive the financial assistance you need.

Social Security Disability Reviews

Generally, a person will only be eligible to receive Social Security disability if they suffer from a physical or mental condition that makes it impossible for them to maintain gainful employment, and this condition must have lasted or be expected to last for at least one year. After a person applies for Social Security disability and is granted benefits, they will be able to continue receiving these benefits for as long as they are disabled. 

To ensure that disability benefits are being paid correctly, Social Security conducts regular reviews. These are known as continuing disability reviews or CDRs, and the frequency of reviews will depend on the expectations regarding the improvement of a person’s condition. If a person’s condition is expected to improve, such as in cases where they are recovering from a serious injury, a CDR may be conducted anytime between six and 18 months after they begin receiving benefits. If it is possible that a person’s condition may improve, a CDR will usually be conducted every three years. If no improvement is expected, Social Security will usually conduct a review after a person has been receiving benefits for seven years or more.

There are many different health conditions that can affect a person’s well-being and make it difficult or impossible for them to maintain steady employment. Respiratory disorders can be especially difficult to deal with, and a person who struggles to breathe or process oxygen may have limited energy, or they may be unable to maintain the pace required during a regular workday. Fortunately, those who suffer from these disorders may be able to receive Social Security disability benefits. Applicants for Social Security disability will need to understand the requirements they will need to meet to prove that they are disabled.

Social Security Listings for Chronic Respiratory Disorders

A person may qualify for disability benefits if their condition is included in Social Security’s Listing of Impairments. These listings include several different types of chronic respiratory disorders, including bronchitis, emphysema, and pulmonary fibrosis. A person who is applying for SSD benefits will need to provide medical evidence showing that they meet the qualifications for one of these listings.

Since these disorders affect a person’s ability to move air into or out of their lungs or interfere with the ability to exchange gas across cell membranes in the lungs, the determination of whether a person is disabled will usually depend on tests of a person’s pulmonary functions. These tests may include:

If you have a physical or mental condition that has prevented you from being able to work and earn enough income to support yourself, you may qualify for disability benefits through Social Security. However, even if your condition has clearly affected you to the point where you have been unable to maintain gainful employment for over a year, Social Security may choose to deny your application for disability benefits. In these cases, you can appeal a denied claim, and you will need to understand the specific steps that will be followed during this process. By working with an attorney who is experienced in Social Security disability cases, you can make sure you are providing the right information and making the correct arguments to demonstrate that you are disabled and require Social Security benefits to meet your needs.

Steps in a Social Security Disability Appeal

The Social Security Administration will make an initial determination following your application for benefits, and you can appeal any of the findings in this determination, including whether you are eligible for benefits or the amount of benefits you should receive. The appeals process will proceed through the following steps:

• Request for reconsideration - A written request to reconsider the denial of an application or any other findings in an initial determination must be filed within 60 days after you receive written notice of the determination. Your claim will be reviewed by a person who was not involved in making the initial determination, and you may be able to work directly with this person to address the issues that were raised. If necessary, new evidence can be submitted related to medical evaluations or non-medical issues.
• Administrative hearing - If you do not agree with the determination made following reconsideration, you must request a hearing with an administrative law judge (ALJ) within 60 days after receiving notice of the reconsideration determination. At your hearing, the ALJ will consider evidence provided by you and the Social Security Administration, as well as testimony from witnesses such as medical or vocational experts. The ALJ will issue a decision determining whether you are considered disabled and eligible for Social Security benefits.
• Review by Appeals Council - If you disagree with the decisions made by an ALJ, you must request a review within 60 days after you were notified of the hearing decision. If the Appeals Council grants the request for review, it will usually look at whether the ALJ made any errors when considering your case, although it may consider new evidence in some circumstances. The Appeals Council may decide whether to grant or deny benefits, or it may remand the case for a new hearing to address any issues that were not handled properly in your initial hearing.
• Civil action in federal court - If the Appeals Council denied your request for review or issued an unfavorable decision, you must file an appeal in federal court within 60 days after receiving notice of the Appeals Council’s decision. During an appeal, a federal judge will review your case to determine whether the ALJ made any errors, and they may award benefits to you, dismiss your case, or order that a new administrative hearing be held.

Contact Our Milwaukee County Social Security Disability Appeals Lawyer

If your Social Security disability claim has been denied, Attorney Jonathan Pearson can make sure you complete all the necessary steps to appeal this decision. He will fight to make sure you will be able to receive the benefits you need and deserve. Contact our Milwaukee Social Security disability attorney by calling 414-240-4801 to arrange a free consultation today.