Neurological disorders can result in winning SSD benefits if they prevent you from working for at least 12 months. In order to win SSD and SSI benefits, your neurological condition must meet certain rules called the SSA listing. The “listing” is a long list of severe physical and mental conditions that the SSA agrees will prevent you from working.
The SSA changed how they evaluate neurological disorders, such as Epilepsy and Cerebral Palsy. For the first time since 1985, SSA has issued revised rules for Neurological Disorders for adults and children (Listings 11.00 and 111.00).
The SSA also made minor corresponding changes to the musculoskeletal system (adult and children) and mental disorders (adult only) listings. The new version of the listings are at 81 Fed. Reg. 43048. SSA believes the changes reflect program experience and advances in medical knowledge. The SSA can change the listing through rule making and public notice.
SSA REMOVES IQ SCORE FROM NEUROLOGICAL DISORDERS LISTINGS
Some specific changes include SSA’s removal of intellectual disability from its neurological listings. They did this because advances in medical knowledge. For example, SSA claims that program experience for claimants with adult cerebral palsy and childhood cerebral palsy, epilepsy, spinal cord insults (for children), indicates that an IQ score does not provide the best measure of limitations in cognitive functioning in these disorders. Learn more about SSD benefits due to low IQ.
Therefore, the IQ test scores may not indicate listing level severity under the neurological listings. As such, SSA believes it would be more appropriate to evaluate mental disorders under the mental disorders body system (listings 12.00 and 112.00). Listing 12.00 is for adults and listing 112.00 is for children.
SSA also clarified in 11.00D2a that an inability to stand up from a seated position means that, once seated, a claimant is unable to stand and maintain an upright position without the risk of falling unless they have the assistance of another person or the use of an assistive device.
An assistive device is a walker, two crutches, or two canes. The severity of such a limitation is set at a standard much higher than that applicable to a person who is able to do sedentary work. Therefore, it constitutes an inability to do any work in the national economy.
EPILEPSY AND PRESCRIBED TREATMENT
SSA will evaluate adherence to prescribed treatment for epilepsy patients under 11.00C. This is particularly true for patients taking newer anti-epileptic drugs.
The SSA will consider whether you are taking medications or following other treatment procedures for three months in a row. The SSA has always looked at whether you are doing what your doctor tells you to do for treatment.
However, when the SSA last revised these listings in 1985, blood drug levels were strong indicators for prescribed treatment compliance because therapeutic ranges had been established for anti-epileptic drugs (AEDs). The ranges were often in the lab results.
However, many newer AEDs do not have established therapeutic levels, making lab results difficult for a judge to interpret. Removal of the requirement for obtaining blood drug levels addresses this issue and simplifies the evaluation of seizures under the listing. However, SSA will continue to consider blood drug levels available in the evidence in the context of all evidence in the case record.
NEUROLOGICAL DISORDERS AND WINNING SSD BENEFITS
Most of this information was in the NOSSCR 2016 July Forum, where the reader can obtain the entire article. The SSA will still look at the severity of epilepsy. The SSA will look at the number of breakthrough or uncontrolled seizures that you experience on a weekly and monthly basis.
If you are having seizures, despite treatment, the SSA should pay you benefits. However, your medical records must show that you are taking your medication and doing what your doctor tells you to do. If you are not complaint with your medications and you are having seizures, then the SSA will not pay you benefits.
Other medical conditions, such as Huntington’s disease, have their own listing. Another example is Post-Polio syndrome, which also has its own listing. For further information about neurological disorders, call us. We can also tell you whether you qualify for SSD benefits. If you need help with your SSD or SSI application, then contact our law firm today.
You can apply for benefits with Social Security Administration by filing an application online at Social Security’s website. You can also call the SSA at 1-800-732-2323. If you need help filing for benefits, we have an expert in our office who can help you. Additionally, we offer a free review of your case to see if we can accept it and help you obtain your benefits.
WHAT IS A FREE REVIEW OF YOUR BENEFITS?
Cannon Disability offers a free review of your benefits. But, what does this mean?
For most people who want to become clients, it means we will talk to you about your case over the phone. We will not charge you to examine the merits of your case, including questions about neurological conditions. Most lawyers do charge an attorney fee to review your case. We do not.
Please understand, however, that giving you a free review of your case is not the same thing as becoming your lawyer. We don’t take the case of every person who calls us. First, we examine the merits of your case based upon the facts you give us.
Sometimes, we will request that you send us medical records or a copy of your SSA paperwork. We do this so we can understand the details of your case. Even if we ask for more information, it does not mean we accept your case or that we are your attorney.
You will know if you hire our legal team because we will send you our contract and other SSA paperwork to fill out. This paperwork must be returned to us immediately.
If you do not sign and send the paperwork back, then we are not your law firm. We will send you a stamped envelope to send the paperwork back to us.
OUR LAW FIRM WORKS ON A CONTINGENCY FEE BASIS
If you are seeking Social Security benefits for neurological disorders, then you should hire an attorney. An attorney can help you apply for SSD and SSI benefits. Additionally, studies show that you are three times more likely to win benefits if you hire an attorney.
In order to hire Cannon Disability, all you need to do is call or contact us. We offer a free review of your case over the phone. And, it doesn’t cost anything to call us.
Better yet, it also doesn’t cost you any upfront money to hire us. Why? Because you only pay us an attorney fee if we win your case. This means if we win your SSD case, then you pay the attorney fee out of your back benefits. If you do not win, then there is no attorney fee to pay.
The attorney fee has a cap or a limit. The SSA sets the limit of the attorney fee at 25% of the back benefit or the maximum authorized attorney fee cap. The fee cap is $7200. The attorney fee is whatever is the lesser amount of money between 25% or the cap of $7200.
THE LAWYERS & STAFF AT OUR FIRM WILL HELP YOU
If you want to learn more about the lawyers and staff at our law firm, then read our About Us page. There you will find more information about us. For example, Andria Summers can help you with your Medicare plan. Also, she has also won thousands of Social Security cases.
Dianna Cannon has many years of experience helping her clients win SSD benefits. She has been an attorney for thirty years. Brett Bunkall also has significant experience helping people obtain their SSI and SSD benefits. We are experts. You can trust us to help you receive SSD benefits.
In the past 30 years, we have won over 20,000 SSDI and SSI cases for our clients. Also, we help our clients get everything they can from their benefits, including Medicare and Medicaid benefits.
If you have a neurological disorder that is keeping you from work, then we will walk you through your options. Our experts can help also you apply for SSDI and SSI benefits.
Likewise, if you need an appeal, we can help you do that too. There are also many forms you will need to fill out. But, don’t worry. If you have questions about these forms, we will answer them. You can learn more about SSA’s appeal forms. Call us for free today.