MOTOR NEURON DISORDERS OTHER THAN ALS

WINNING SSD BENEFITS FOR MOTOR NEURON DISORDERS UNDER LISTING 11.22

Motor neuron disorders are progressive diseases that affect the nerve cells responsible for muscle control. These conditions damage your body’s ability to move, speak, and sometimes even breathe.

Most people are familiar with amyotrophic lateral sclerosis (ALS). However, there are other serious motor neuron disorders that can cause the same level of disability and loss of independence. The SSA recognizes this fact under Listing 11.22 – Motor Neuron Disorders Other Than ALS.

If you have primary lateral sclerosis (PLS), progressive muscular atrophy (PMA), spinal muscular atrophy (SMA), or another motor neuron condition, then you may qualify for SSD benefits. However, winning benefits requires you to provide medical evidence that proves your symptoms are severe enough to meet or equal Listing 11.22.

HOW TO FILE FOR SSDI & SSI BENEFITS

If you have a motor neuron disorder, then there are two forms of benefits for which you can file an application: Social Security Disability benefits and Supplemental Security Income benefits. Both benefits has different rules. You can file an application on Social Security’s website. Below is an explanation about each type of benefit:

Social Security Disability Insurance (SSDI):  

SSDI benefits are for those who can no longer work at any job due to a medical condition for at least one year. The amount of money you will receive from SSDI benefits is based on how much money you earned during your working years. To qualify for SSDI benefits, you must have enough “work credits.”

A work credit is an amount of taxable income. You can earn up to 4 work credits per year. The amount of work credits you need will depend on how old you are when you apply. If you haven’t earned enough work credits for your age at the time you apply, then you can only apply for Supplemental Security Income benefits.

Supplemental Security Income (SSI):  

SSI is a needs based benefit. It is for those people with little to no income, such as children and the elderly. Anyone who has more than $2000 in the bank cannot receive SSI benefits. The SSA counts the income of those in your home with whom you share expenses, not just your income and assets.

If you have a spouse who earns $5000 a month, for example, then that income prevents you from getting SSI benefits. You cannot qualify for SSI benefits, no matter how severe your medical condition, if you do not meet the income and asset rules for SSI.

UNDERSTANDING MOTOR NEURON DISORDERS

Motor neurons are nerve cells located in the brain and spinal cord that send signals to muscles throughout the body. These signals allow movements like walking or talking. When motor neurons are damaged, the muscles they control begin to weaken and waste away. Over time, this leads to paralysis and you will require daily care.

Motor neuron disorders other than ALS include primary lateral sclerosis (PLS), which primarily affects the upper motor neurons and causes muscle stiffness and slow movements. PMA primarily damages the lower motor neurons, leading to muscle wasting and weakness. SMA is a genetic disorder that causes muscle weakness and difficulty breathing. Although these diseases differ in how they start and progress, they can all lead to a total loss of independence.

The SSA treats these conditions as serious neurological conditions. However, you must still meet the specific medical requirements of the listing or provide evidence showing that your disease equals the listing.

MEETING LISTING 11.22 FOR MOTOR NEURON DISORDERS

Listing 11.22 is designed to evaluate motor neuron disorders other than ALS. To qualify, you must prove that your symptoms cause extreme or marked limitations in physical and mental function. The listing offers three ways to meet the standard, referred to as paragraphs A, B, and C.

Paragraph A covers those who have disorganization of motor function in two extremities — such as both arms, both legs, or one arm and one leg — resulting in extreme difficulty standing, walking, or using the hands.

Likewise, paragraph B covers those who experience bulbar and neuromuscular dysfunction, meaning the muscles that control speech and breathing are affected.

Paragraph C allows approval if you have a marked limitation in physical function and an additional marked limitation in cognitive or emotional function, such as problems with concentration, memory, or managing oneself.

Each of these categories requires medical records. The SSA looks for clear evidence of decline, test results, treatment notes, and functional assessments that confirm the level of disability.

LISTING 11.22(A): DISORGANIZATION OF MOTOR FUNCTION

Under Listing 11.22(A), you must show “disorganization of motor function in two extremities” resulting in an extreme limitation in use of the hands. This means your ability to walk, balance, stand, or use your arms and hands is so limited that work is not possible.

For example, if you can no longer stand up from a seated position without assistance, or if you require a wheelchair to move about, then your condition may meet paragraph A. Likewise, if muscle weakness or spasticity in your arms prevents you from writing, lifting, or using tools, this can also satisfy the requirement.

Your medical records should contain detailed findings from your doctor. The record needs to describe abnormal reflexes, loss of muscle strength and muscle wasting. The SSA will also look for records that show you use equipment, such as a brace, walker, or wheelchair. Notes from physical therapy can also demonstrate the extent of your limitations.

To strengthen your claim, make sure your treating doctor records how your condition interferes with your ability to perform work. The SSA wants to see how the disease limits your daily function.

MEETING LISTING 11.22(B): BULBAR AND NEUROMUSCULAR DYSFUNCTION

Listing 11.22(B) applies to people whose motor neuron disorder causes bulbar dysfunction. The bulbar region controls the muscles used for speaking, swallowing, and breathing. When these functions are impacted, then daily life becomes difficult. Some people lose the ability to communicate clearly or require a feeding tube because they can no longer swallow safely.

To meet this part of the listing, your medical records must show one of two things: either you have suffered acute respiratory failure or you need long term enteral nutrition through a tube or nutrition through a central venous catheter. These findings demonstrate the severity of neuromuscular dysfunction and automatically satisfy Listing 11.22(B).

Treating doctor statements, hospital discharge summaries, and speech therapy notes can all be evidence. If you rely on medical devices to breathe or eat, then tell your doctors to clearly indicate the necessity of this support.

Because these symptoms are among the most serious, those who meet paragraph B are often win SSD benefits quickly. Still, it is important that your medical evidence connects your respiratory problems to your underlying condition.

LISTING 11.22(C): PHYSICAL AND MENTAL LIMITATIONS

Paragraph C of Listing 11.22 recognizes that motor neuron disorders can also affect emotional regulation and mental abilities. Some people experience physical weakness and difficulty with concentration and memory. Others develop anxiety or depression due to chronic pain and fatigue.

To qualify under paragraph C, you must have a marked limitation in physical function and a marked limitation in one area of mental function. For example, the mental areas are about your ability to understand information, interact with others, and maintain pace or adapt to change.

The SSA will review psychological evaluations, therapy notes, and mental status exams. They will also look at your ability to maintain attention, follow instructions, and handle daily stress. Records from mental health professionals is especially valuable when symptoms like fatigue or frustration interfere with your ability to work.

When physical and mental conditions combine to limit your strength and concentration, the overall impact can be just as disabling as paralysis. The key is showing, through consistent medical evidence, how your symptoms prevent you from performing any work.

WHAT EVIDENCE DO YOU NEED TO PROVE YOUR DISABILITY CLAIM

Winning motor neuron disorder benefits under Listing 11.22 requires a combination of medical and functional evidence. Clinical records from your doctor are the foundation of your case. These should include test results such as MRI scans or EMG studies can show progressive loss of motor neurons.

Your treatment notes should describe how symptoms have become worse over time.  They should also show how medications have helped and how much assistance you need to do basic activities. The SSA pays close attention to changes in muscle strength and independence.

Statements from family members or friends can also be helpful. Your family may observe the daily impact of your condition. Their written reports can describe your difficulty in walking, speaking, or eating. The statements can support the medical record and provide the SSA with a view of your symptoms. Every piece of evidence that shows your loss of function strengthens your case.

FUNCTIONAL EVIDENCE AND THE RFC ASSESSMENT

Even if you do not meet the exact requirements of Listing 11.22, you may still qualify for benefits through a Residual Functional Capacity (RFC) assessment. This is where the SSA evaluates how much you can still do in a work setting despite your limitations.

Your RFC may show, for example, that you cannot stand or walk for long periods, that you need a walker, or that you cannot lift objects heavier than a few pounds. In some cases, fine motor limitations prevent you from typing or handling paperwork. If these limitations eliminate all jobs, then the SSA will award benefits, even if you do not meet the listing.

To support this decision, ask your doctor to write a detailed functional assessment that describes your strength and stamina. A strong RFC opinion that aligns with your medical findings leads to an approval at the hearing level.

TREATMENT FOR MOTOR NEURON DISORDERS

Currently, there is no cure for motor neuron disorders other than ALS. Treatment focuses on managing symptoms. Many people require physical and occupational therapy to retain strength as long as possible.

Additionally, assistive devices like braces, canes and can help maintain your independence. As the disease progresses, some people need speech therapy. Counseling and support groups can also help you and your family cope with the emotional impact of the disease.

The progressive nature of these disorders often leads to long term disability. Most people with this type of disease are unable to work. For that reason, filing for SSD benefits as soon as possible can help with your financial stability.

WHY A DISABILITY ATTORNEY CAN HELP

Proving disability for a motor neuron disorder is not simple. The SSA often denies claims because the evidence does not clearly describe the extent of your physical decline. Many people are told by the SSA that they can still perform seated work, even when the lack physical strength.

At our SSD law firm, we know how to present evidence that fully explains why you cannot work. We gather detailed statements from your treating doctor and family members to show that your symptoms meet or equal Listing 11.22. We also prepare you for your hearing so that your testimony reflects your physical limitations.

Our legal team has decades of experience helping clients with motor neuron disorders, including ALS, multiple sclerosis, and other diseases. We understand what evidence the SSA judge relies on to award benefits. Having a skilled attorney on your side can make the difference between a denial and an approval.

CONTACT US FOR HELP WITH YOUR MOTOR NEURON DISRODER

If you can’t work due to a motor neuron disorder, then you may qualify for SSD benefits under Listing 11.22. These conditions cause profound physical limitations. Therefore, you deserve SSD benefits to help your financial situation.

At our SSD law firm, we have helped thousands of clients win the benefits they deserve. We know how to build a strong case from the ground up. We use your medical records and your testimony to prove the full impact of your condition.

Call us today for a free review of your case. We can explain your options. Also, we can help you file your claim or appeal an SSA denial. You do not have to face the process alone. We are here to fight for your right to Social Security Disability benefits.