MS and Disability Appeals

Proving a disabling condition due to a Multiple Sclerosis condition should not be difficult if the correct medical documentation and evidence was submitted with the initial application for benefits.  Most applications for benefits based on a disabling medical condition are turned down for the reason that the medical evidence submitted with the application either (1) failed to comprehensively establish the existence of the diagnosed medical condition causing the disability, and/or, (2) the diagnosis of the condition was sufficient but the specific condition did not produce severely disabling affects on the applicant’s ability to be gainfully employed such that he could be approved for benefits, or if a child, severely adverse affects interfering with the child’s ability to perform daily tasks at a level commensurate with non-disable children his same age. 

Proof of Multiple Sclerosis Disability

To prove a multiple sclerosis disability the applicant must show one of the following:

1. Medical evidence of a disorganization of motor function lasting more than three months that resulted in significant and persistent disorganization of motor function in at least two extremities causing sustained disturbance of gross and dexterous movements or gait and station
2. Visual or mental impairment due to the multiple sclerosis process which is formally recognized by the Social Security administration lists as a disability impairment
3. Significant fatigue of motor function with substantial muscle weakness on repetitive activity which results from neurological dysfunction of the central nervous system pathologically involved in the multiple sclerosis process.

If an applicant claiming multiple sclerosis as his disabling condition has received notice that his application for benefits was denied then he likely has failed to submit the required medical documentation to evidence the elements necessary as detailed above to comprehensively document his disability claim.  The best step to take is to obtain a request for reconsideration form, file it out and submit the form to the nearest Social Security office within sixty days of the date on the denial of benefits notice.  Then make sure to submit all of the medical evidence needed to substantiate the multiple sclerosis diagnosis and the level of severity of the impairment caused by the multiple sclerosis condition.

Getting Legal Help

If you or a member of your family has received a claim denial notice from a Social Security administration program concerning an application for disability benefits based on a multiple sclerosis condition it would be important to discuss the circumstances of the condition and the disability with a disability lawyer.  An attorney can assist in the reconsideration of your claim and help to assemble the necessary medical documentation of the condition and the severity of the disability.