I recently represented a very nice lady who was diagnosed with multiple sclerosis and was fighting for her disability benefits – let’s call her Anna.Anna was 46 when she was diagnosed with multiple sclerosis through an MRI that detected demyelinating lesions in her brain and spine. For a number of years prior to her diagnosis, she had complained of worsening headaches, seizure like symptoms, tremors, memory issues and cognitive problems. Anna’s mood and personality had also changed and she was very depressed and irritable. Her doctors could not quite figure out what was wrong with her and had previously diagnosed her with autoimmune disorders such as lupus and fibromyalgia. However, the treatments for those diseases had no effect on Anna’s symptoms. After losing consciousness and falling down some stairs, an EEG was done that revealed abnormal findings consistent with Anna’s complaints of drowsiness and bi-hemispheric cerebral dysfunction. Further testing identified the multiple sclerosis.Anna called us after losing a previous disability hearing with another representative from one of the big disability firms in town. After becoming our client, we dug into Anna’s records and developed a strategy that would hopefully bring Anna the help she needed and deserved.
You see Anna was a military veteran and a military wife. She spent substantial time overseas fighting for the freedoms we hold dear and supporting those that fight for our freedoms. After her military service, Anna held a number of supervisory/managerial positions in retail stores. She embodied the American ideal.
Our strategy focused on two alternative paths for proving Anna’s disability qualified her for benefits under the Social Security Act. First, we looked at Listing 11.09 – Multiple Sclerosis and second we wanted to build a case that Anna’s limitations would not allow her to sustain or persist in a competitive work environment (this is what we call a “Step 5 argument”).
For our listing level strategy, we sought the assistance of her treating neurologist to provide us with information on the severity of her multiple sclerosis and associated symptoms. To meet the listing, we would have to show:
- Disorganization of motor function in two extremities resulting in an extreme limitation in the ability to stand up from a seated position, balance while standing or walking, or use the upper extremities.
OR
- Marked limitation in physical functioning, and in one of the following:
- Understanding, remembering, or applying information; or
- Interacting with others; or
- Concentrating, persisting, or maintaining pace; or
- Adapting or managing oneself.
For our “Step 5” strategy, we would have to prove that as a result of her medical diagnosis, symptoms, and treatment, that Anna would not be able to maintain competitive employment. We worked hard to obtain current support from her treating physicians and was able to have these treating doctors review the historical medical records of Anna’s complaints to her doctors from even before her first hearing and provide us an opinion on her overall limitations. Her treating providers were in agreement that Anna would have significant periods of being off-task and would not be a reliable employee due to missing work frequently due to symptoms and treatment.
In the end, the ALJ agreed with our “Step 5” argument and found that the evidence we obtained for our client established a severe medical impairment that caused limitations that were not consistent with performing any competitive work. So, Anna won her fight for Social Security Disability benefits! We could not be happier for Anna!
If you have MS and want a caring, compassionate advocate by your side throughout the disability process, give our team at Louisiana Disability Law a call right now – 985-441-3448!
