Living with a chronic illness is never easy, but the chronic
autoimmune disorder known as lupus can make life especially challenging. This
incurable and unpredictable illness can cause damage to almost any part of the
body, including major organs, so it's no surprise that many lupus sufferers
have trouble maintaining employment.
If you suffer from a debilitating form of lupus that keeps
you from working, Social Security disability benefits can help provide for your
financial needs. Unfortunately, many lupus sufferers have difficulty proving
that they are too sick to work, due in large part to the specific requirements
listed in the Social Security Blue Book.
What Is The Blue Book?
The Social Security Administration (SSA) maintains a list of
illnesses that qualify for disability benefits, which is commonly referred to
as the Blue Book. A wide variety of illnesses and disabilities are listed
within the Blue Book, including lupus.
However, the SSA will not consider you eligible for
disability benefits solely because your illness is listed in the Blue Book.
Each illness in the book is accompanied by a list of specific symptoms and
criteria for diagnosis. For your illness to be considered severe enough to
prevent you from working, it must cause the specific symptoms listed in the
Blue Book.
How Can Blue Book Requirements Make Lupus Disability
Claims Difficult?
According to the Blue Book, a case of lupus is severe enough
to be disabling if it affects at least two major organs or body systems, with
at least one organ or system that shows moderate or severe symptoms. There is
also a list of "constitutional" symptoms and signs, which include
fever, severe fatigue, malaise, and weight loss. Your lupus must also cause at
least two of these symptoms to be considered disabling.
Alternatively, lupus sufferers may be eligible for benefits
if they have two or more constitutional symptoms, and can also prove that their
lupus seriously impairs their ability to perform everyday activities, socialize
with others, or perform tasks in a timely and efficient manner.
These specific requirements can make disability claims
difficult for lupus patients. Lupus affects each patient differently, and many
sufferers experience so-called "flares", periods of intense illness
which can cause severe damage to bodily functions. These flares can be
extremely debilitating, and come and go unpredictably - some last days, others
last months or even years.
Between flares, a lupus patient's condition may become less
severe, and symptoms of the illness can become temporarily less apparent. As a
result, a lupus sufferer may meet the criteria for disability benefits, but
only while they are experiencing a flare of more severe illness.
What If You Don't Meet Blue Book Requirements?
An illness that prevents you from working for unpredictable
and extended periods can obviously make holding down a job extremely difficult,
if not impossible. Unfortunately, if you undergo a medical examination while
your illness is relatively quiescent, your symptoms may not be considered
severe enough to qualify for benefits.
However, you may still be able to successfully claim
disability through other means. If your illness does not meet the specified
criteria, you will probably be asked to take a Residual Functional Capacity
(RFC) test. The RFC test measures your ability to perform various work-related
tasks, such as standing for extending periods or lifting heavy objects.
If your specific lupus symptoms do not meet Blue Book
standards, but the overall effects of your condition prevent you from
performing such tasks, you may be considered eligible for disability benefits.
You might have your private physician conduct an RFC test of their own, which
will be taken into consideration as part of your claim.
Hiring a disability law attorney can also increase your
chances of claim success if you don't meet Blue Book requirements. Attorneys
can gather supporting documents, medical information, and testimonials from
medical professionals to make your case more convincing. They will also take
care of the many complicated forms that must be filed to successfully claim
disability.
If you need more advice about claiming disability benefits
for lupus, contact the disability law experts at The Law Offices of James B. Gillespie.,
Jr., PLLC.
