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Can You Receive Disability Benefits When Diagnosed With MS?

November 24, 2019

Being diagnosed with MS can immediately lead you to think about disability. Questions and concerns such as whether you will be able to continue working or supporting your family became a primary topic of conversation. Dealing with MS and handling the diagnosis is not so separate from whether you need to apply for disability or not. It’s not a bad idea to speak with a disability lawyer and see what they think.

What is MS?

MS is a disease that will often plague the person for years. If not the rest of their lives. Initially, a person may experience loss of vision, balance, or even bodily functions. Unfortunately, there is a lot of variation from person to person. The disease attacks your spinal cord, brain, and the nerves in your eyes.

For some people, there are very mild symptoms which don’t impede on day-to-day activities. For others, this disease is debilitating and requires extensive treatment and medical care.

Multiple Sclerosis, or MS, damages the myelin around your nerves. The nerves will then experience scarring, and scar tissue will onset the symptoms that lead being diagnosed with MS. There is not a clear cause of MS, and there is still much about the disease that isn’t known.

The commonalities between people with MS show that the disease can go through waves of improvement or worsening. For people filing for disability, this fluctuation becomes an issue. There is little promise that you will not be able to work for 12 months or meet other basic requirements for disability benefits.

Who is Eligible for Disability Benefits?

Technically anyone over the age of 18, not receiving benefits, and not able to work for at least 12 months should receive benefits. However, there are many other elements that play into the SSDI application and benefits, as well.

For example, if you recently put in a claim and received a denial, then you are not eligible. In that case, you need to file for an appeal on your denied claim.

Other issues that come up with disability is the extent of your injury, illness, or condition. Conditions such as MS do have the opportunity to receive disability benefits. That doesn’t mean that there’s any greater likelihood or chance to receive disability benefits, but it’s still a possibility.

The best way to learn everything you need to about your ability to apply for SSDI benefits is to speak with a disability benefits lawyer. An SSI disability attorney will be able to explain why you may or may not be eligible.

Do You Need an SSDI Lawyer if You’ve Been Diagnosed With MS?

If you have a disease or condition that requires frequent management and can impact your ability to work, then you do need an SSDI attorney. When children have MS, they are almost immediately eligible to receive Social Security Income. But adults who are diagnosed with MS are seen as quite functional, they have job skills and are expected to continue working a full-time job.

What will often happen in these cases is you will need a medical-vocational expert to compare your worst and best days to the medical-vocational guidelines. These guidelines look at your age, education, work, and functioning capacity. For example, if you work in a physically demanding position and experience extreme fatigue that would be taken into consideration.

An SSDI lawyer will often use your medical team’s notes to show the full extent of your symptoms and limited abilities. They’ll make special arguments based on their medical notes and insight. An SSDI attorney will use their collective resources to help you understand your case and the likelihood of needing ongoing disability benefits.

Contact Tabak Law if You’ve Been Diagnosed With MS

For many people with MS, disability benefits are not an option. Children or those with extreme cases may, however, receive Social Security Income if it seems as if they may not work or return to work at all.

Any decision will rely heavily on your medical records and the severity of your symptoms. An attorney that specializes in disability law will be able to showcase the extent of your symptoms and what danger they may pose to you on the job.

For example, a construction worker who works in high-places may put themselves and others at risk if they lose their balance or vision while working. With the help of a disability attorney, you can explain how MS has impacted your life, and will likely impact your employment.

Contact Tabak Law to learn more about your claim and what options are available to you.

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