|
How to Win Your Hepatitis Disability Case
by Scott E.
Davis, Esq.
Contrary to what many people suffering
from Hepatitis believe, the Social Security Administration (SSA) is
very familiar with the disease. In fact, SSA considers Hepatitis to
be such a potentially serious medical condition that federal law
provides that if their hepatitis is advanced, a person can be found
disabled based on laboratory test results alone!
Use this article as the cornerstone to
developing and winning your social security disability claim.
Step 1: Having a Liver Transplant is not a
prerequisite to Winning your Disability Claim
While your hepatitis or liver disease
must be at a relatively advanced stage, you can win your disability
case even if you have not had a liver transplant.
Step 2: Find a compassionate, supportive
Gastroenterologist
This may not come as a surprise for
you to learn that gastroenterologists are often not overly
compassionate with regard to their patients who have hepatitis. In
my practice, I talk weekly with doctors of all medical specialties
regarding their patients disability claims. Without trying to
stereotype, I must confess that I have talked with many
gastroenterologists who appeared to lack bedside manner and patient
empathy. This is important, because if your gastroenterologist is
not compassionate, he or she will likely also be reluctant to
support your disability case.
A supportive gastroenterologist is
important for two reasons. First, they are the doctors SSA views as
the specialists trained to diagnose and treat hepatitis. Second, SSA
gives the most weight to the disability opinions are rendered by a
claimant’s treating physician. Furthermore, SSA gives even more
weight to the disability opinions rendered by a specialist such as a
gastroenterologist.
Step 3: You must Undergo a Battery of Tests to
Confirm the Hepatitis diagnosis and to Determine the Severity of the
Disease
One key to winning your Hepatitis case
is good laboratory testing. However, laboratory testing alone is not
enough to win your case; once the testing is done, the issue will
then be how advanced it the disease is.
The information SSA uses to approve a
claim based solely on laboratory testing is contained at Listing
5.05 (Specifically 5.05(F)) of the Administration’s criteria for
Digestive disorders.
F. Confirmation of chronic liver
disease by liver biopsy and one of the following:
1. Ascites not attributable to
other causes, recurrent or persisting for at least 3 months,
demonstrated by abdominal paracentesis or associated with
persistent hypoalbuminemia of 3.0 gm per deciliter (100 ml.) or
less; or
2. Serum bilirubin of 2.5 mg. per
deciliter (100 mg.) or greater on repeated examinations for at
least 3 months; or
3. Hepatic cell necrosis or
inflammation, persisting for at least 3 months, documented by
repeated abnormalities of prothrombin time and enzymes
indicative of hepatic dysfunction.
In my experience, many people win
their disability case based on meeting the criteria in Step 3. The
reason is that necrosis or inflammation can be confirmed by liver
biopsy, and prothrombin time and liver enzyme abnormalities can be
measured by a simple blood panel.
In my opinion, in order to have any
chance of winning your hepatitis disability case, you should have a
relatively recent liver biopsy performed and have blood work dating
back for at least 6 months prior to the date you allege you became
disabled.
One benefit many hepatitis claimants
have is they usually have undergone all the required medical testing
prior to or during the time their disability claim with SSA is
pending. Thus, if your Hepatitis is at an advanced and serious
stage, winning your claim may be as simple as obtaining (or having
SSA obtain) your relevant medical records and submitting them to SSA
for review to see if it meets the criteria.
Step 4: If your Hepatitis is not advanced enough to
meet
the SSA
Criteria, you can still win your Disability Claim
(i.e. Don’t Quit!)
It is important to understand that if
your Hepatitis does not meet the criteria set forth above, you can
still win your disability case. How? By proving that you are unable
to work full-time in an unskilled sedentary (sit down) job.
Alternatively, if you have other
medical and/or psychological disorders in addition to Hepatitis, SSA
will consider the combined effects of your symptoms and limitations
from all your medical diagnoses. It is common for many Hepatitis
patients to also have a depressive or anxiety disorder. It is
possible for the combination of the Hepatitis and psychological
problems to equal in severity the criteria listed above. If SSA
deems this to be the case, your claim would likely be approved.
It is also possible for you to be
unable to work due to severe side effects from taking medications to
treat the Hepatitis. Many people are unable to work during the time
and for a significant time thereafter they have received interferon
treatment. The side effect of overwhelming fatigue from medication
can also help you to equal in severity the criteria listed above.
Step 5: Be Free from any Alcohol or Illegal Substance
Abuse
As of 1996, a person cannot be
approved for disability benefits based on alcoholism and/or
substance abuse. In fact, your claim will be denied by SSA if
alcoholism or substance abuse is a material factor in your inability
to work. You can be sure SSA will likely scrutinize your disability
claim because Hepatitis can be contracted through alcoholism or
substance abuse. If either of these conditions is a part of your
past, to have your best shot at winning, you should be prepared to
show that it is not a material factor in your inability to work.
Remember, one key to winning your
disability case is to never quit and keep fighting for the benefits
you deserve!
Best of luck
to you and remember to keep
fighting for the benefits you deserve!
Scott E. Davis is a social security and long-term disability insurance attorney in Phoenix, Arizona. Mr. Davis represents clients throughout the United States. Although Mr. Davis has experience representing clients with a broad spectrum of physical and/or psychological disorders, the majority of his disability practice is devoted to representing individuals with chronic pain and chronic fatigue disorders. In almost every case, a fee is charged only if his client obtains benefits. Mr. Davis invites your questions and inquiries regarding representation.
Call (602) 482-4300, 8:30 am to 5:30 pm, Mon. to Thu., or email: info@scottdavispc.com.
Visit his website at
www.ScottDavisPC.com.
Back to List of Articles
| 
