Recently I represented a woman who was filing for disability due to her severe vertigo,dizzy spells, and daily headaches, which made it difficult for her to concentrate on her work, and made her an unreliable employee. These symptoms were residual from a brain tumor she had removed in the years prior. Social Security can be granted in a case like hers.
Social Security provides Listings, or conditions in which your condition is so severe that it qualifies you for disability as long as it meets the standards laid out by the Listing. The specific listing in this case is 2.07, Disturbance of labyrinth-vestibular function. This listing is intended to cover a condition called Meniere’s Disease, but it is also applicable in this case since the symptoms are so similar. In order to meet the listing, you must prove that your condition causes frequent attacks of balance disturbance, tinnitus, and loss of hearing. This must be demonstrated by vestibular testing and hearing tests. More specifically, you will need to show documentation of how often the episodes happen, and what else happens to you physically during an attack, which might include nausea, vomiting, and losing control of body movements. Social Security may also find it helpful to see functioning over a period of time, especially if the attacks occur only every few months. Medical records are crucial in a case like this, in order to show objective evidence that there is a cause behind the symptoms. You may also find it helpful to ask your doctor about the types of testing available, and whether or not they would be willing to provide a statement of your symptoms and treatment to Social Security to bolster your case.
If you are unable to prove that your condition meets the specific Listing, Social Security will also consider the overall impact the condition has on your daily functioning to determine whether or not you are disabled. Social Security will examine your medical records and your reports to see how you are limited day-to-day by this condition and any other physical or mental condition, including how it limits your ability to walk, stand, sit, perform repetitive activities, and how it affects your focus and concentration. Then, they will consider your limits and determine whether or not it would prevent you from returning to the work you did prior, and whether it would prevent you from working any job in the national economy. IF they find that you cannot do any work because of your limitations, then they must find you disabled.
If you or someone you know has this condition and is considering filing for Social Security Disability, contact the Disability Lawyers at Hoglund, Chwialkowski, Mrozik, who are experienced and will be able to guide you successfully through the disability process.