FACTS ABOUT CIRRHOSIS AND FILING FOR DISABILITY



Facts about Cirrhosis and Filing for Disability



 
These selected pages answer some of the most basic, but also some of the most important, questions for individuals who are considering filing a claim for disability benefits.


  • How to apply for disability and the information that Social Security needs

  • Who will qualify for disability and what qualifying is based on

  • Requirements for disability - Qualifications Criteria for SSD and SSI

  • How to Prove you are disabled and win your disability benefits



  • Facts about the condition

    1. When a sickness or other medical condition causes liver scarring, it is called cirrhosis. As the liver scars, the scar tissue replaces healthy tissue and inhibits proper liver functioning.

    2. Cirrhosis is a condition that results from long term significant damage to liver, such as from alcoholism, hepatitis B & C, cystic fibrosis and a variety of other conditions.

    3. Cirrhosis usually begins and progresses without symptoms. Once the liver is severely damaged there may symptoms of fatigue, nausea, decreased appetite, weight loss, easy bruising and bleeding, and fluid in the abdominal region.

    4. Those with cirrhosis are more likely to get sick with infections, to experience malnourishment even with a proper diet and to have high blood toxin levels. They may also experience pressure in the veins bringing blood to the liver (serious internal bleeding if the smaller veins burst), and increased risk of developing liver cancer.

    5. Cirrhosis is diagnosed by blood tests, imaging such as CT scans, ultrasounds, and MRIs, and examination liver tissue through a biopsy.

    6. Treatment can include treating the underlying cause, such as alcoholism or hepatitis.

    7. Treatment also includes treating additional problems cirrhosis causes, such as excess fluid accumulation (low-sodium diet, water pills, or medical procedures to drain the fluid), pressure in the veins (medication or surgery), infections (antibiotics), and toxins in the blood (medications). Those with cirrhosis also have regular tests to check for liver cancer.

    8. Liver transplant surgery is necessary once cirrhosis reaches an advanced enough stage that liver failure occurs.

    9. It is possible to prevent cirrhosis from occurring. Eating a healthy diet, maintaining a healthy weight, and drinking alcohol in moderation are important preventative measures. Men should drink no more than two alcoholic beverages a day, while women and those over 65 should drink no more than one alcoholic beverage a day. Using chemicals, such as cleaning products, sparingly and safely can also help prevent cirrhosis. Reduce the risk of hepatitis by making healthy choices like using a condom during sex.


    Qualifying for disability benefits with this condition

    Whether or not you qualify for disability and, as a result, are approved for disability benefits will depend entirely on the information obtained from your medical records.

    This includes whatever statements and treatment notes that may have been obtained from your treating physician (a doctor who has a history of treating your condition and is, therefore, qualified to comment as to your condition and prognosis). It also includes discharge summaries from hospital stays, reports of imaging studies (such as xrays, MRIs, and CT scans) and lab panels (i.e. bloodwork) as well as reports from physical therapy.

    In many disability claims, it may also include the results of a report issued by an independent physician who examines you at the request of the Social Security Administration.



    Qualifying for SSD or SSI benefits will also depend on the information obtained from your vocational, or work, history if you are an adult, or academic records if you are a minor-age child. In the case of adults, your work history information will allow a disability examiner (examiners make decisions at the initial claim and reconsideration appeal levels, but not at the hearing level where a judges decides the outcome of the case) to A) classify your past work, B) determine the physical and mental demands of your past work, C) decide if you can go back to a past job, and D) whether or not you have the ability to switch to some type of other work.

    The important thing to keep in mind is that the social security administration does not award benefits based on simply having a condition, but, instead, will base an approval or denial on the extent to which a condition causes functional limitations. Functional limitations can be great enough to make work activity not possible (or, for a child, make it impossible to engage in age-appropriate activities).



    Why are so many disability cases lost at the disability application and reconsideration appeal levels?

    There are several reasons but here are just two:

    1) Social Security makes no attempt to obtain a statement from a claimant's treating physician. By contrast, at the hearing level, a claimant's disability attorney or disability representative will generally obtain and present this type of statement to a judge.

    Note: it is not enough for a doctor to simply state that their patient is disabled. To satisy Social Security's requirements, the physician must list in what ways and to what extent the individual is functionally limited. For this reason, many representatives and attorneys request that the physician fill out and sign a specialized medical source statement that captures the correct information. Solid Supporting statements from physicians easily make the difference between winning or losing a disability case at the hearing level.

    2) Prior to the hearing level, a claimant will not have the opportunity to explain how their condition limits them, nor will their attorney or representative have the opportunity to make a presentation based on the evidence of the case. This is because at the initial levels of the disability system, a disability examiner decides the case without meeting the claimant. The examiner may contact the claimant to gather information on activities of daily living and with regard to medical treatment or past jobs, but usually nothing more. At the hearing level, however, presenting an argument for approval based on medical evidence that has been obtained and submitted is exactly what happens.


    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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