Social Security Disability RC

How to file for disability, Filing for SSI
Disability Requirements, Disability Status
How long is the wait?, Disability Application
Social Security Disability list of impairments
How to Qualify for Disability, Mental Disability
Disability Lawyers FAQ, Disability Back Pay

Dystonia and Filing for Disability



 
Dystonia is a severe physical medical condition that can be listed on a disability application with the Social Security Administration. This condition generally would fall under the classification of neurological impaiments. If it were listed in the SSA Blue Book impairment listings it would be evaluated under section 11.00, Neuroglocial System - Adult.

While Dystonia does not have its own impairment listing, disability specialists may evaluate a personís symptoms under the listing criteria of another condition such as Parkinsonís, seizure disorder, MS, Myasthenia Gravis, or Traumatic Brain Injury. If they are able to meet or equal any of these listings the disability claim will medically qualify for disability benefits with no further evaluation.

However, a personís dystonia condition may not meet or equal an impairment listing and this would mean they would need to prove they have severe condition that prevents them from working at a level that earns what Social Security considers to be subtantial gainful income or SGA.

Proving they have a severe impaiment and are unable to perform SGA can be done through A) the information contained in their medication records, and through B) a functional capacity analysis based on the information they provided in their work history; specifically, the types of work they have done, the functional requirments of each of their past jobs, as well as the job skills they may have to transition into other kinds of work.

Note: How the disability decision is made.

Many disability applicants are surprised to learn that simply being diagnosed with a certain condition is not a requirement that necessarily qualifies a person to SSD or SSI disability benefits. Social Security considers the ways and extent to which a person if functionally limited, because this impacts their ability to engage in work activity.

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 Dystonia

    1. Dystonia is an uncommon condition that affects the muscles and causes involuntary contracting and uncontrollable twisting of the affected part of the body.

    2. Dystonia is inherited if symptoms start in childhood, but most cases begin in older adulthood. Young people may experience symptoms throughout the body, while adults tend to only have one affected body part. Symptoms can be mild or severe, and can interfere with a person's day-to-day tasks and activities.

    3. Most often the neck, face or hand is affected. Symptoms usually occur with a specific movement and are exacerbated by stress, fatigue and anxiety.

    4. The extent to which dystonia affects quality of life depends on severity and the affected body part. For example, eyelid contractions can cause functional blindness.

    5. Dystonia in the neck can cause painful and involuntary twisting and turning of the head to the side, or cause it to fall forward or backward.

    6. If the jaw and tongue are affected, speech may be slurred or eating and swallowing may become difficult.

    7. When the hand and forearm are affected, pain and cramping can inhibit writing, playing music, or carrying objects.

    8. The cause of dystonia is unknown, although sometimes an underlying condition leads to dystonia. Traumatic brain injury, stroke, brain tumor or oxygen deprivation can lead to dystonia. Poisoning and drug reactions, as well as infections can also lead to dystonia.

    9. Sometimes dystonia is difficult to diagnose because symptoms look like other neuromuscular disorders such as Parkinson's disease, carpal tunnel syndrome, and Tourette's syndrome.

    10. Treatment is focused on minimizing symptoms. When possible, limiting movements that trigger muscle contractions helps relief symptoms. Living a healthy lifestyle by getting enough sleep and physical activity, reducing stress and anxiety levels is also important. Medications used for Parkinson's disease and seizure treatment may also be affective, as can Botox injections.

    Qualifying for disability benefits with Dystonia

    Whether or not you qualify for disability with dystonia 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.



    As a disability lawyer working on a case is keenly aware, 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 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 your doctor. 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 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) Before the Social Security Disability hearing, 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.








    Essential Questions

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    How Often Does Social Security Approve Disability The First Time You Apply?

    Tips for getting Social Security Disability or SSI benefits approved

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    What kind of Mental Problems Qualify for Disability?

    Receiving a Disability Award Letter

    Conditions Social Security will recognize as a disability

    Previously answered questions regarding SSD and SSI

    Applying for disability in your state



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    Related Body System Impairments:

    Filing for Social Security Disability or SSI with Multiple Sclerosis MS
    Why Is It Hard to be Found Disabled for Social Security Disability or SSI for Seizures?
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    Dysautonomia and Filing for Disability
    Grand Mal Seizures and Filing for Disability
    Narcolepsy, Social Security Disability, and Applying for Benefits
    Epilepsy and Filing for Disability
    Hydrocephalus and Filing for Disability
    Memory Loss and Filing for Disability
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    If you apply for disability in Hawaii
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    These pages answer some of the most basic questions for individuals who are considering filing a claim.

    Can you get temporary Social Security Disability or SSI benefits?

    Permanent Social Security Disability

    What is the difference between Social Security Disability and SSI?

    Who is eligible for SSI disability?

    Can I Be Eligible For SSI And Social Security Disability At The Same Time?

    What makes a person eligible to receive disability benefits?

    Applying for Disability - How long does it take to get Social Security Disability or SSI benefits?

    What happens if I file a disability application and it is denied by a disability examiner or Judge?









    For the sake of clarity, SSDRC.com is not the Social Security Administration, nor is it associated or affiliated with SSA. This site is a personal, private website that is published, edited, and maintained by former caseworker and former disability claims examiner, Tim Moore, who was interviewed by the New York Times on the topic of Social Security Disability and SSI benefits in an article entitled "The Disability Mess" and also by the Los Angeles Times on the subject of political attempts to weaken the Social Security Disability system.

    The goal of the site is to provide information about how Social Security Disability and SSI work, the idea being that qualified information may help claimants pursue their claims and appeals, potentially avoiding time-consuming mistakes. If you find the information on this site helpful and believe it would be helpful to others, feel free to share links to its homepage or other pages on website resource pages, blogs, or social media. Copying of this material, however, is prohibited.

    To learn more about the author, please visit the SSDRC.com homepage and view the "about this site" link near the bottom of the page.