FACTS ABOUT OSTEOPOROSIS AND FILING FOR DISABILITY



Facts about Osteoporosis 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. Osteoporosis is a word that means porous bones, and it is a condition that causes bones to become brittle and very weak, leading to broken bones from even the most simple daily activities like coughing.

    2. Osteoporosis is more likely to affect women, and public awareness campaigns have made women their focus, but men can also develop the condition.

    3. Osteoporosis normally does not cause noticeable problems until the condition develops to the advanced stage. Eventually it will cause back pain, height loss, stooped posture and fractures, particularly of the back vertebra, hips or wrists.

    4. Testing for osteoporosis includes a bone density test, which measures the strength of bone in the body. These tests are recommended for everyone, for women older than 65 and men older than 70.

    5. The recommendations for bone density testing change with individual circumstances. Postmenopausal women with at least one risk factor should be checked immediately after menopause, women who experience early menopause or who have recently stopped taking hormone therapy should be checked, and men with at least one risk factor should be checked around age 50 rather than waiting for 70.

    6. In addition, anyone taking medications associated with osteoporosis should be tested periodically, and anyone older than 50 who has had a broken bone should also be tested.

    7. Osteoporosis occurs when the body can no longer replenish bone tissue as quickly as it loses it. This occurs in anyone over the age of 30, which is the peak point of bone mass. But osteoporosis develops in those who did not build up enough bone density between ages 20 and 40 to make up for the loss as they age.

    8. Minerals and hormone levels both affect bone density. Low levels of calcium and phosphorus, and loss of estrogen production during and after menopause increase the likelihood of developing the condition. 9. To prevent osteoporosis, getting enough calcium and vitamin D is important, as is regular exercise. Avoiding smoking and drinking more than two alcoholic beverages a day will also decrease risk.


    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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