A Disability Attorney’s Tips on MS Disability Cases

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multiple sclerosis

If you have Multiple Sclerosis (MS) and wish to have a disability attorney help you pursue a disability claim with Social Security there are several things you should know. Some of these tips are sound advice for any disability case and others relate specifically to those living with MS.

One of the hardest things for someone with MS is deciding when they have reached the point they should consider speaking with a disability attorney and filing for disability. The severity of symptoms can vary widely from person to person but generally get worse over time. Most people living with MS work for as long as they are able, which is a true credit to their work ethic and character.

A shorthand version of the deciding factor is whether or not you can perform any type of competitive work, even something less demanding than your past work, eight hours per day and five days per week on a regular and continuing basis without damaging your health or aggravating your symptoms to the point you will not be able to sustain the work for more than a short time.

Generally, disability attorneys focus on full-time work for this purpose. A person who can do some limited part-time work or occasional work of limited duration may still be disabled under the Social Security Administration’s rules.

Get a Diagnosis and Visit a Doctor Before Contacting a Disability Attorney

In a case involving a person living with MS, it is important to have the diagnosis of MS objectively verified, as the symptoms related to MS can be associated with so many other disorders/diseases. This should include an MRI confirming brain lesions associated with MS. Your treated history should include at least a consultation with a neurologist to verify your diagnosis, even if you do not see a neurologist on a regular basis.

Even though there is often not much doctors can do from appointment to appointment, it is still important to see doctors on a regular basis to document the serious and ongoing nature of your symptoms.

It is also important to mention all of your symptoms each and every time you visit the doctor so a clear and accurate pattern is documented by your records. Even if you have mentioned fatigue, depression, irritable bowels, urination problems, weakness, mental confusion, memory loss, poor concentration, or pain of any kind before, you should mention these symptoms again at each appointment if you are still having them. It may make sense to make yourself a checklist of your own symptoms to remind yourself to mention these on each appointment.

Some people fear by mentioning their symptoms over and over they will annoy their providers. Some people as a matter of their personality or upbringing find it difficult to complain, even to their doctors. However, success in a disability claim depends on consistent and repeated documentation regarding symptoms through the entire period at issue. Help your disability attorney help you by being candid about your symptoms.

If you and your doctor decide you need to use an assistive device such as a cane, walker, or even a wheelchair, save any copy of a prescription for such a device as this can be useful evidence in your case as well.

Ideally, a disability claimant is seeing a doctor of some kind on at least a monthly basis. This might be a primary care physician or a neurologist. If you experience symptoms of depression or anxiety, it is also appropriate to seek care from a mental health professional, including a psychiatrist and/or psychologist. Sometimes monthly visits are not possible due to a lack of insurance or resources. You should see doctors as often as you are able, given your challenges.

If you want the Social Security Administration to take you and your case seriously, however, an annual visit to a neurologist with nothing in between is not likely to carry the day. Evidence is needed for you or your disability attorney to win any disability case, and that means medical records and documentation.
Sam Coring, Attorney at Law, scoring@rgglaw.net