Multiple sclerosis, commonly referred to as “MS”, is a long-lasting, chronic disease that targets the central nervous system of an affected individual. MS is thought to be an autoimmune disorder, meaning that the condition consists of the body’s own immune system improperly targeting and attacking non-infectious and healthy parts of the body. Those diagnosed with MS often suffer from chronic pain, sensations such as numbness or muscle spasms, and may also suffer from loss of motor function. This is because MS occurs when the body’s immune system targets myelin, a protein and fatty substance that surrounds and protects nerve fibers, and can either cause serious harm or completely destroy this protein, while simultaneously damaging the nerves the myelin was protecting. After the myelin is destroyed, scar tissue may build up in its place, further damaging nerves and often blocking the nerve’s ability to conduct and transmit electrical signals from the brain.
An individual diagnosed with multiple sclerosis may qualify for Social Security disability benefits based on Social Security Administration’s Listing of Impairments § 11.09. This rule provides that individuals with multiple sclerosis may be found disabled if the individual has either A) disorganization in function of two extremities, resulting in an extreme limitation in the ability to stand up from being seated, balance while standing or walking, or in the use of upper extremities, or B) a marked limitation in physical functioning and in either understanding, remembering or applying information, interacting with others, concentrating, persisting, or maintaining pace, adapting to one’s environment or managing oneself.
If the Social Security Administration does not find an affected individual disabled under the listing, he or she may still be found to be disabled based upon an evaluation of the individual’s ability to perform other work. This evaluation looks at the individual’s age, education, and work experience. What an individual is still able to do despite the physicial or mental limitations he or she now has is called the individual’s residual functional capacity, or RFC. These RFCs are developed by the Social Security Administration to gauge the impaired individual’s possible ability to work. The first RFC will focus on the individual’s physical limitations such as limitations in sitting, standing, walking, and their capacity to lift, carry, push or pull items. For those affected by multiple sclerosis some of the most common physical impairments that will appear on an RFC would be difficulty with balance and walking, numbness and weakness in the arms and legs, as well as tremors, partial hearing loss, low vision, and speech problems.
The second RFC developed by the Social Security Administration will include any limitations in the claimant’s ability to understand, remember, and carry out instructions, as well as any other mental limitations. The Social Security Administration will then use this information to evaluate if the claimant could still perform their previous job, and if not, if that individual could perform an easier job of some kind. If there is no work that the claimant can do, then the claimant may qualify for Social Security Disability benefits.
If you or someone you know has been diagnosed with multiple sclerosis and would like to speak with an attorney about filing for Social Security disability benefits, call the law office of Michael Monce at (859) 344-8090.
References:
Social Security Administration, Listing of Impairments 11.09 Multiple sclerosis, https://www.ssa.gov/disability/professionals/bluebook/11.00-Neurological-Adult.htm#11_09.
Johns Hopkins Medicine, Multiple Sclerosis (MS), https://www.hopkinsmedicine.org/health/conditions-and-diseases/multiple-sclerosis-ms.