SOCIAL SECURITY DISABILITY LAW BLOG
February 18, 2011
Michigan Social Security disability lawyer explains the significance of exercise test results
If your claim for Michigan Social Security disability benefits was denied, but you are unable to work because of ischemic heart disease, chronic heart failure or another cardiac impairment, consider whether your medical records contain a negative exercise test result.
“Exercise tests” are tests that require you to perform some physical activity (e.g., walking on a treadmill) while monitoring your cardiovascular response. Exercise tolerance tests are tests in which you exercise “until you develop a sign or symptom that indicates you have exercised as much as is considered safe for you.” In evaluating cardiac impairments, the Social Security Administration gives special significance to exercise testing; in fact, the Listing criteria for both ischemic heart disease and chronic heart failure include exercise tolerance test results.
A negative exercise test result does not have to mark the end of your claim for Social Security disability benefits. Often, a negative test result can be placed in context with the other evidence in your case, and is not inconsistent with you being found disabled. The Social Security Administration acknowledges that exercise tolerance tests are not 100% accurate; plus, the Social Security Administration considers the test results to be timely for only 12 months, “provided there has been no change in your clinical status that may alter the severity of your cardiovascular impairment.” This leaves the door open for you to provide evidence which proves that your cardiac impairment severely limits your ability to perform work-related functions and the activities of daily living. This evidence might include, for example, updated medical records; new information from your treating cardiologist; and, importantly, your testimony regarding the impact of your symptoms on your day-to-day life.
If you would like to talk with an experienced Michigan disability lawyer about your cardiac impairment claim, please contact me.
SOCIAL SECURITY DISABILITY LAW BLOG
February 4, 2011
Common impairments: Obtaining Michigan Social Security disability benefits for diabetes
If you have diabetes, you may be entitled to receive Michigan Social Security disability benefits if (1) your diabetes is severe enough to meet or “medically equal” the diabetes listing in the Social Security Listing of Impairments, or (2) your diabetes is severe enough to prevent you from working at any job.
Disabled under the Listings
The listing for diabetes mellitus requires that you have neuropathy (nerve damage) in two extremities that is severe enough to impair your ability to stand, walk and move; or acidosis (a disturbance in blood chemistry) that occurs every two months, on average; or retinitis proliferans (an eye disease that damages the retina), with significant loss of vision. If you do not meet these specific criteria, your condition still may “medically equal” the diabetes listing if you have a combination of impairments associated with diabetes (e.g., kidney failure, heart disease, foot ulcers).
Unable to work
If your impairment does not “meet or medically equal” the diabetes listing, then you will have to prove that your diabetes is so severe that it prevents you from doing the work you did previously and from doing any other work that is generally available in the economy. In this regard, the Social Security decision-maker will consider your age, education, work experience and residual functional capacity – that is, your ability to work despite the limitations caused by your diabetes. Medical reports from your doctors and your testimony at your disability hearing will be critical evidence in proving your inability to work. The more details you can provide regarding the impact of your symptoms (e.g., weakness, fatigue, pain, impaired vision, etc.), on your daily life, the stronger your case for an award of disability benefits will be.
If you would like to learn more about obtaining Michigan Social Security disability benefits for your diabetes, please contact me.
