IS CARPAL TUNNEL SYNDROME A DISABILITY FOR SOCIAL SECURITY?



Is Carpal Tunnel considered a disability for SSD and SSI claims?



 
Carpal tunnel syndrome is considered to be a valid diagnosis and disability claims routinely feature this condition as a primary allegation. In some cases, it is the only condition listed and is disabling to the extent that SSD and SSI disability benefits are awarded.

This tends to happen less, of course, when cases are being decided at the disability application and reconsideration appeal levels by disability examiners. However, this is true of most conditions and most claims. The majority of claims are denied at the first two levels, leaving most claimants in the position of having to give up on the process or file a second appeal for a hearing before a judge.

The Social Security Administration takes the position that any condition may be disabling and, therefore, may be characterized as a disability as long as it meets several basic criteria. This is true of carpal tunnel and it is considered a disability when the facts of the case show that it meets the SSA disability definition.

Part of that definition is that the condition must be medically determinable and it must be severe. When we say this, we mean that the condition must be medically verifiable, meaning it must be diagnosed by a medical professional. This medical professional must be a physician who is licensed to prescribe medication. This obviously includes M.D.s. Other physicians who are licensed and have the ability to prescribe medication include D.O.s.



It should be pointed out, though, that some medical professionals who are able to prescribe medication, such as nurse practitioners and physician assistants, are not physicians. This is where it gets tricky. Because while these individuals can write an RX and can also diagnose, their medical statements, and diagnoses, are not accepted by the Social Security Administration unless their statements are signed off by a physician.

But in addition to being determinable and verifiable, the condition must exhibit severity. It must be severe and it must be severe enough that it impacts and reduces the ability to work.

The one fact that most claimants and potential claimants should remember is that, for Social Security Disability and SSI disability claims, the focus will always be on the limitations that are caused by the condition, not simply having the condition. So, in the case of carpal tunnel syndrome, the diagnosis itself cannot win a case. Even if carpal tunnel was a condition included in the listings, the diagnosis alone would not be sufficient.

Carpal Tunnel is a painful condition. But because SSA focuses on functional limitations, a case cannot be won on the basis of carpal tunnel syndrome unless the medical evidence that is ultimately gathered demonstrates that the physical limitations eliminates the claimant's ability to work and earn a substantial and gainful income.


About the Author: Tim Moore is a former Social Security Disability Examiner in North Carolina, has been interviewed by the NY Times and the LA Times on the disability system, and is an Accredited Disability Representative (ADR) in North Carolina. For assistance on a disability application or Appeal in NC, click here.







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