FACTS ABOUT TRANSVERSE MYELITIS AND FILING FOR DISABILITY



Facts about Transverse Myelitis 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. Transverse myelitis is inflammation that occurs across the width of the spinal cord. The surrounding material that protects the nerves in the spine from damage, called myelin, is what becomes inflamed and how the condition gets its name.

    2. If the myelin becomes damaged, such as by inflammation, the signals between the brain and the spinal cord, as well as the rest of the body, may become disconnected or mixed up.

    3. Transverse myelitis is generally connected with an infection, particularly a virus, or an autoimmune disorder that causes the body to mistakenly attack healthy tissue.

    4. Multiple sclerosis, which attacks the protective covering of nerves in the spinal cord and brain, neuromyelitis optica, which causes inflammation and injury to the optic (eye) nerve as well as the spinal cord, and lupus, which causes widespread inflammation, are two conditions that may lead to transverse myelitis.

    5. The chickenpox and shingles virus, as well as herpes viruses, are infections that may lead to the condition. In some rare occasions, the vaccines for infections like chickenpox and rabies may cause the condition.

    6. Transverse myelitis comes on quickly, so symptoms such as pain, weakness, spasms, fever and headache develop in just a few hours. This includes shooting pain in the affected area of the spinal cord, which may radiate down the legs, arms or into the abdomen. Tingling, numbness, burning or extra sensitivity may occur in the back below the inflamed portion of the spinal cord.

    7. Weakness in the arms or legs can be as minor as a heavy sensation or as significant as paralysis. There may also be abnormal bladder and bowel function, such as increased urge or constipation and difficulty urinating.

    8. Abnormal blood vessel functioning, hardened arteries, spinal tumors or radiation therapy all cause symptoms similar to transverse myelitis, so they are ruled out before a diagnosis can be established.


    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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    Related Body System Impairments:

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