Guillain Barre Syndrome (“GBS”) is a very serious autoimmune disorder that causes your immune system to attack your nervous system. GBS results in widespread tingling and weakness of extremities which can lead to pain and even paralysis. The symptoms of this condition may include:Weakness and tingling sensation in the legs often spreading to the arms and upper body. The symptoms can increase in intensity to the point that the muscles cannot be used at all. This can become very severe causing the person to become paralyzed; in this case Guillain-Barre Syndrome can become life threatening. Paralysis could interfere with breathing, blood pressure, and/or heart rate. 

Some people are lucky and their symptoms go away after a few weeks of treatment. Sometimes the symptoms last longer; this is especially true if you suffer from some other condition in addition to GBS. If your symptoms are severe and long lasting, it may prevent you from working and you may qualify for Social Security Disability Benefits.

The Social Security Administration’s (SSA) blue book explains how the SSA evaluates different conditions to determine your eligibility for benefits. The symptoms caused by Guillain Barre Syndrome can be evaluated under a number of different listings. If your GBS has been caused by another condition, such as lymphoma, AIDS, or lupus, you may qualify based on the requirements for these conditions.

However, there are severe symptoms commonly caused by GBS that have their own listings, such as:

• The major dysfunction of a joint – You may qualify for SSD benefits if Guillain Barre Syndrome has caused damage or discomfort in a major joint, making it difficult for you to walk or use your arms or hands to complete tasks.

• Chronic respiratory insufficiency – If GBS has caused respiratory problems, significantly limiting intake of oxygen, you may be eligible for benefits.

If you can’t find a listing that matches any of your specific Guillain Barre Syndrome signs or symptoms, you may still qualify for SSD benefits if you can provide evidence thatyour condition makes it impossible for you to perform the functions that would be needed to do any type of job.

When applying for SSD benefits for Guillain Barre Syndrome, you must submit detailed medical documentation that provides evidence of the severity of your symptoms, including:

• A note from your Doctor detailing your symptoms and prognosis

• The history of the treatments you have received and your response to those treatments

• Imaging reports, such as x-rays or CT scans, showing damage to major joints

• History of hospitalizations related to your GBS symptoms.

Guillain Barre Syndrome can severely limit an individual’s ability to function, but many people suffering from this condition are denied Social Security Benefits. If you are unable to perform any type of work as a result of your GBS symptoms you should contact an experienced Social Security Attorney to review your case. 

Kimberly Slimbaugh
Partner

Email: kslimbaugh@mcvlaw.com

Phone: 315-471-1664

Kimberly Slimbaugh has been practicing law since 1992 and is a current partner at Meggesto, Crossett & Valerino, LLP.  In addition to the New York State Bar, she was admitted to the Massachusetts State Bar in 1992.  She is a member of the National Association of Social Security Representatives and regularly attends its national conferences.

State of New York Commission on Quality Care and Advocacy for Persons with Disabilities, Surrogate Decision-Making Committee Panel.

The alleged onset date is the date that you claim you became disabled when you filed your application for Social Security Benefits. This date is important as it will determine how much you receive in retroactive benefits. With Social Security Disability, you can receive retroactive benefits as far back as 12 months from the date you file your claim. To get the full 12 months, you would have to prove you were disabled at least 17 months before you file your claim, due to the 5 month waiting period. There are no retroactive awards for an SSI claim.

SSA can disagree with your alleged onset date and choose a different onset date. This could mean you would get less in retroactive benefits. This could also pose a problem if SSA chooses a later onset date for your disability as you must prove you will be disabled for at least 12 months. The 12 months starts from your onset date.

If SSA changes your onset date, you can appeal the decision. The review can potentially result in an adverse decision. If you have been approved for benefits, but believe your onset date is earlier than that set by SSA you should speak to a  lawyer to discuss appealing the onset date.

Kimberly Slimbaugh
Partner

Email: kslimbaugh@mcvlaw.com

Phone: 315-471-1664

Kimberly Slimbaugh has been practicing law since 1992 and is a current partner at Meggesto, Crossett & Valerino, LLP.  In addition to the New York State Bar, she was admitted to the Massachusetts State Bar in 1992.  She is a member of the National Association of Social Security Representatives and regularly attends its national conferences.

State of New York Commission on Quality Care and Advocacy for Persons with Disabilities, Surrogate Decision-Making Committee Panel.

The Social Security Administration (SSA) has posted a Notice of Proposed Rule Making (NPRM) in the Federal Register regarding how it evaluates Cancer. The proposal provides changing the name of the current listing for Malignant Neoplastic Diseases to “Cancer”, as well as revising the criteria SSA uses to evaluate cases involving cancer in adults and children.

The proposed name change is intended to make the listing easier to understand.  The proposal also includes adding some new listings, e.g., Malignant Melanoma, Mantle Cell Lymphoma (MCL); Cervical Cancer that has spread to distant lymph nodes, and Secondary Lymphoma resulting from treatment for Breast Cancer. The changes are proposals and the public may review the proposal and file comments.

If you would like to review the proposed changes to the listing, which also explains how and when to file a comment, please see https://www.federalregister.gov/articles/2013/12/17/2013-30088/revised-medical-criteria-for-evaluating-cancer-malignant-neoplastic-diseases#h-26

Kimberly Slimbaugh
Partner

Email: kslimbaugh@mcvlaw.com

Phone: 315-471-1664

Kimberly Slimbaugh has been practicing law since 1992 and is a current partner at Meggesto, Crossett & Valerino, LLP.  In addition to the New York State Bar, she was admitted to the Massachusetts State Bar in 1992.  She is a member of the National Association of Social Security Representatives and regularly attends its national conferences.

State of New York Commission on Quality Care and Advocacy for Persons with Disabilities, Surrogate Decision-Making Committee Panel.

If you are receiving Worker’s Compensation benefits and file for Social Security disability benefits, you may not be able to collect the maximum amount of Social Security benefits.  Between Worker’s Compensation and Social Security Disability, you may only receive up to 80% of your average current earnings (ACE) in total. If the total of your Worker’s Compensation and Social Security Disability benefits exceed 80% of your average current earnings, your Social Security Disability benefit will be offset or reduced.

Take this example:

First figure out your average current earnings:

Your average current earnings is calculated either by averaging  your highest consecutive 5 years of earnings or by taking the highest year of earnings in the last 5 years prior to your disability.

If your highest year of earnings in the five years before you became disabled was $40,000, then divide this number by 12 to get your monthly earnings of $3333.33. 

Then multiply this number by 80 % (3333.33 X .80) to arrive at your average current earnings of $2666.66.

How much is your monthly Workers Compensation benefit?

Take the amount of your weekly Workers Compensation benefit and multiply by 52, then divide this number by 12, to get your monthly workers compensation benefit.   

For example: Say you receive $400 per week in worker’s compensation.

Multiply this number by 52 ($400 X52) to get your yearly benefit of $20,800

Now divide this number by 12 to get your monthly Compensation benefit or $1733.33.

Now subtract your monthly compensation benefit from your ACE:  $2666.66-$1733.33= $933.33. This number ($933.33) represents the highest amount of Social Security Disability benefits you could receive (using this example).

Remember that every case is different. It is very important to report all changes, in writing, in your Worker’s Compensation benefits to Social Security. It is also important to keep proof that you submitted the information to Social Security.  You will also need to follow-up with Social Security to make sure they adjust your benefits as needed.

Kimberly Slimbaugh
Partner

Email: kslimbaugh@mcvlaw.com

Phone: 315-471-1664

Kimberly Slimbaugh has been practicing law since 1992 and is a current partner at Meggesto, Crossett & Valerino, LLP.  In addition to the New York State Bar, she was admitted to the Massachusetts State Bar in 1992.  She is a member of the National Association of Social Security Representatives and regularly attends its national conferences.

State of New York Commission on Quality Care and Advocacy for Persons with Disabilities, Surrogate Decision-Making Committee Panel.

Generally, your Social Security benefits, both SSDI and SSI, cannot be garnished by creditors, subject to a few exceptions.

The Federal Government can garnish your SSDI (Social Security Disability) benefits to recover any money owed to it, i.e. back taxes or government backed student loans. SSDI benefits can also be garnished for child support arrears as well as current child support obligations. This would include any retroactive award you may be entitled to receive.  In addition, if your dependents receive auxiliary benefits under your claim, that will not satisfy or offset your child support obligation.

SSI (Supplemental Security Income) benefits cannot be taken for child support, loan payments or taxes.

If you owe child support and are receiving SSDI benefits, you will continue to be obligated to pay child support. You will need to seek a modification of the support order to reflect your SSDI income. Any modification takes effect from the date the petition is filed; it will not adjust any arrears you may owe.

Kimberly Slimbaugh
Partner

Email: kslimbaugh@mcvlaw.com

Phone: 315-471-1664

Kimberly Slimbaugh has been practicing law since 1992 and is a current partner at Meggesto, Crossett & Valerino, LLP.  In addition to the New York State Bar, she was admitted to the Massachusetts State Bar in 1992.  She is a member of the National Association of Social Security Representatives and regularly attends its national conferences.

State of New York Commission on Quality Care and Advocacy for Persons with Disabilities, Surrogate Decision-Making Committee Panel.

Recently I spoke with an individual who had opted to take their reduced old age benefit upon turning 62.  Subsequently, this person developed a debilitating condition that prevented them from working. The question was can the individual now apply for SSDI benefits even though they were receiving their reduced retirement benefit. Yes, you can, provided you apply up to six months prior to your full retirement age. For individuals born 1943-1954, the full retirement age is 66.

The downside in this scenario is that if the individual is found disabled after he took his early retirement, his disability benefits are reduced by the number of months that he received the reduced retirement benefits. This reduction remains in effect even upon reaching full retirement age.

Likewise, if you are younger than 62, and have an application pending for SSDI, you may, at age 62, take your early retirement benefit while your claim is pending. If SSA finds you disabled before you took early retirement, you will get your full retirement amount as your disability benefit. For the months you collected your reduced retirement benefits, you will get the difference between your disability benefit and the reduced retirement benefit. Thereafter, you will receive your disability benefit.

If SSA finds you disabled after you started receiving your reduced retirement benefit, your disability benefit will be reduced by what SSA calls the reduction factor, which means you would collect less than your full retirement benefit.

If SSA finds you are not disabled, you will continue to collect your reduced retirement benefit even after reaching your full retirement age.

The decision to take early retirement has dramatic financial implications and you should consult with a financial planner to review your particular circumstances.

Kimberly Slimbaugh
Partner

Email: kslimbaugh@mcvlaw.com

Phone: 315-471-1664

Kimberly Slimbaugh has been practicing law since 1992 and is a current partner at Meggesto, Crossett & Valerino, LLP.  In addition to the New York State Bar, she was admitted to the Massachusetts State Bar in 1992.  She is a member of the National Association of Social Security Representatives and regularly attends its national conferences.

State of New York Commission on Quality Care and Advocacy for Persons with Disabilities, Surrogate Decision-Making Committee Panel.

Sjögren’s Syndrome is an autoimmune disease where an individual’s white blood cells attack moisture-producing glands. The disease was highlighted last year in the national sports spotlight as Venus Williams had to withdraw from the US Open after being diagnosed with the disease.

Typical symptoms of Sjögren’s include dry eyes and dry mouth, but may also affect the functioning of other organs and the central nervous system. Individuals may also suffer from fatigue and joint pain. Sjögren’s may be present in conjunction with another autoimmune disorder and may not be readily diagnosed.

While some people experience mild symptoms, others may suffer debilitating symptoms that affect their ability to function in their day-to-day lives, including an inability to work.

Individuals suffering from Sjögren’s Syndrome maybe eligible for Social Security Disability if a rheumatologist has diagnosed their condition. In addition, under Social Security Listing §14.10, if the medical evidence establishes:

A. Involvement of two or more organs/body systems, with:

1. One of the organs/body systems involved to at least a moderate level of severity; and
2. At least two of the constitutional symptoms or signs (severe fatigue, fever, malaise, or involuntary weight loss) or

B. Repeated manifestations of Sjögren’s syndrome, with at least two of the constitutional symptoms or signs (severe fatigue, fever, malaise, or involuntary weight loss) and one of the following at the marked level:

1. Limitation of activities of daily living.
2. Limitation in maintaining social functioning.
3. Limitation in completing tasks in a timely manner due to deficiencies in concentration, persistence, or pace.

If you are suffering from Sjögren’s Syndrome or other autoimmune disorder that seriously impacts your ability to work, you should contact an attorney to discuss whether you might be eligible for Social Security Disability.

Kimberly Slimbaugh
Partner

Email: kslimbaugh@mcvlaw.com

Phone: 315-471-1664

Kimberly Slimbaugh has been practicing law since 1992 and is a current partner at Meggesto, Crossett & Valerino, LLP.  In addition to the New York State Bar, she was admitted to the Massachusetts State Bar in 1992.  She is a member of the National Association of Social Security Representatives and regularly attends its national conferences.

State of New York Commission on Quality Care and Advocacy for Persons with Disabilities, Surrogate Decision-Making Committee Panel.

Social Security disability cases based on fibromyalgia alone are generally difficult to win, and are always easier to win if other impairments are involved. Regardless of whether you are applying for disability based solely on fibromyalgia or alleges several impairments, in a case involving fibromyalgia, you must have the diagnosis in your records. It is always better that this diagnosis is made by a Rheumatologist. If your primary care physician or mental health provider diagnoses you with fibromyalgia, try to get referred to a Rheumatologist for confirmation of the diagnosis, as the specialists’ opinion will carry more weight.

Social Security doesn’t have a disability listing for the condition known as fibromyalgia (Social Security’s disability listings provide the approval criteria for a number of different impairments, ranging from amputations to seizure disorder), but the Social Security Administration (SSA) recently published a ruling giving guidance to disability claims examiners and administrative law judges (ALJs) on how to assess fibromyalgia cases. Even with this new guidance for evaluating Fibromyalgia, many claimants will continue to be denied benefits. If you are denied benefits, you shouldn’t give up, but should pursue your disability claim through the appeals process.

Why is proving disability due to Fibromyalgia so difficult? Social Security evaluates your claim using a 5 step sequential evaluation. In the first step, you must show you have a medically determinable impairment that has prevented or will prevent you from working for at least 12 months. A medically determinable impairment cannot be established on the basis of symptoms alone. Traditionally, a claim for fibromyalgia alone was given little weight due to the subjective nature of the condition, meaning there were no definitive diagnostic tests to confirm the diagnosis, and thus denials were based upon an individual not proving they had a medically determinable impairment. This is why it is important to have a specialist diagnose your condition.

To address this issue, Social Security issued Ruling SSR 12-2p, effective in July 2012, explains when fibromyalgia should be found as a medically determinable impairment (MDI). The ruling directs claims examiners and judges to rely on criteria issued by the American College of Rheumatology (ACR), to determine whether an individual has fibromyalgia, and thus, have a medically determinable impairment. There are two alternatives in ACR criteria that can be used in determining whether you have fibromyalgia; either one will suffice.

The ACR requires the following for a diagnosis of fibromyalgia:

• Evidence of chronic widespread pain, including pain in the back, neck, or chest
• Evidence that shows your doctor ruled out other diseases that could cause the same symptoms (the symptoms of fibromyalgia often overlap with those of lupus, hypothyroidism, and multiple sclerosis), such as lab tests and examination notes, and

One of the following:

• Tender point sites in at least 11 of 18 tender point areas of the body, with tender points occurring on both sides of the body and both above and below the waist. A list of the tender points can be viewed in the SSA’s recent ruling on fibromyalgia. In testing tender points, your doctor should apply the approximate amount of pressure needed to blanch his or her own thumbnail. Or,
• Repeated manifestations of six or more fibromyalgia symptoms, signs, or conditions that often occur with FM, particularly fatigue, non-restorative sleep, cognitive or memory problems (“fibro fog”), depression, anxiety, or irritable bowel syndrome (IBS). Other possible symptoms include headache, muscle weakness, abdominal pain, Raynaud’s Phenomenon, seizures, and dizziness.

How does SSA consider subjective complaints to be taken as “medical signs” in the case of fibromyalgia? When a symptom is an abnormality that can be documented by clinical diagnostic techniques that have been accepted by the medical profession, such as found in the definition established by the ACR, the SSA allows this as sufficient evidence. It will be important for your doctor to provide how your impairment affects your ability to function, the treatments that you have received and the effect on your symptoms.

Once you have established you have a medically determinable impairment, your claim will the proceed to be evaluated through the remaining steps of the sequential evaluation.

Whether you are suffering from fibromyalgia or other illnesses or injuries that prevent you from working, you should contact an attorney familiar with Social Security claims to discuss your particular circumstances.

Kimberly Slimbaugh
Partner

Email: kslimbaugh@mcvlaw.com

Phone: 315-471-1664

Kimberly Slimbaugh has been practicing law since 1992 and is a current partner at Meggesto, Crossett & Valerino, LLP.  In addition to the New York State Bar, she was admitted to the Massachusetts State Bar in 1992.  She is a member of the National Association of Social Security Representatives and regularly attends its national conferences.

State of New York Commission on Quality Care and Advocacy for Persons with Disabilities, Surrogate Decision-Making Committee Panel.

Back impairments are the most common disabling condition we see in our practice. Back pain can be caused by a number of different spinal conditions; some are the result of an injury or may happen normally with age. Chronic conditions causing back pain include degenerative disc disease, osteoarthritis; rheumatoid arthritis; spondylitis; spinal stenosis, nerve root compression, herniated discs; scoliosis, or spondylolisthesis.

To be eligible for disability benefits, Social Security requires you to have a medically determinable impairment that has lasted or will last for at least one year. This means that x-rays, MRIs, or at least your doctor’s notes after a physical examination must show that your back pain is caused by some physical abnormality of the spine or spinal canal. If you have back pain without a documented physical impairment that would normally be expected to produce pain symptoms like you experience, you’re unlikely to win disability benefits.

How Social Security Evaluates the Severity of Your Back Pain

Social Security sees many disability claims for back pain, but will approve only the most severe cases that meet one of the listed impairments. Most people suffering with back pain will not meet a listed impairment.  In these cases, the individual must prove that their impairment, with the resulting functional restrictions, preclude returning to work. While Social Security will consider how you say your condition limits your ability to work, it is very important to have medical documentation to substantiate your claim.

Social Security will evaluate your ability to do exertional activities such as lifting, carrying, sitting, standing, walking, pushing and pulling

They will also evaluate your ability to do non-exertional activities such as manipulative restrictions, stooping, climbing, crouching or crawling; the ability to concentrate and focus; understanding and remembering; whether you are likely to miss work due to symptom flare-ups.  Limitations in these activities may be due to side effects from medication or the result of a mental impairment such as depression or anxiety.

It is important to have medical evidence to support your impairment as well as a detailed statement from your doctor as to your limitations.  You should contact an experienced disability attorney to determine if you might be eligible for benefits.

Kimberly Slimbaugh
Partner

Email: kslimbaugh@mcvlaw.com

Phone: 315-471-1664

Kimberly Slimbaugh has been practicing law since 1992 and is a current partner at Meggesto, Crossett & Valerino, LLP.  In addition to the New York State Bar, she was admitted to the Massachusetts State Bar in 1992.  She is a member of the National Association of Social Security Representatives and regularly attends its national conferences.

State of New York Commission on Quality Care and Advocacy for Persons with Disabilities, Surrogate Decision-Making Committee Panel.