In a recent statement released today, the American Civil Liberties Union, contends that the Social Security Disability backlog is a violation of individual due process. The statement was released on the heels of Congressional rumors that the House of Representatives is pushing two Congressional bills, The Secure America Through Verification and Enforcement Act of 2008 (H.R. 4088) and the New Employee Verification Act of 2008 (H.R. 5515). The ACLU and various other organizations are concerned that the new measures of verify employment will only cripple the existing system.
With a system already overworked and understaffed, the new measures are bound to increase the backlog of decisions. Currently, disability cases have an average of 499 days with some regions of up to 700 days. With staffing levels at their lowest since 1972, the recent House Resolutions would place and additional burden to staff workers at the Social Security Administration.
Although I am not overly excited about the ACLU becoming involved, I do agree with the underlying premise. Eventhough I am extremely interested in the Disability aspect of the backlog, the new measures would also effect the SSA staff workers in taking their time in retirement benefits and other Social Security decisions.
Thursday, April 24, 2008
Tuesday, April 15, 2008
Herschel Walker and Dissociative Identity Disorders
In the just-released book "Breaking Free," former NFL running back Herschel Walker delves into his excruciating struggles with dissociative identity disorder, saying he tried to manage a dozen alternate personalities and that the condition nearly drove him to suicide.
According to the National Mental Health Association - www.nmha.org - 7% of the American population may have suffered from a dissociative disorder at some time in their life. But the disorder is difficult to identify and may go undiagnosed for many years. Additionally, mild dissociative disorder experience can be very common, despite the relatively low number of people that are continuously treated through a mental health provider.
In the realm of Social Security Disability, very few practitioners will encounter a potential client with a severe Dissociative Disorder on a regular basis. It is important to remember that many clients will have wide and varied symptoms. To be sure, whatever symptoms the claimant is having and documented by medical records, the symptoms must interfere with their ability to perform full-time competitive work. Dissociative Disorders are analyzed under 12.08 of the Adult Listings. For more information about Dissociative Disorders, look at www.nmha.org.
According to the National Mental Health Association - www.nmha.org - 7% of the American population may have suffered from a dissociative disorder at some time in their life. But the disorder is difficult to identify and may go undiagnosed for many years. Additionally, mild dissociative disorder experience can be very common, despite the relatively low number of people that are continuously treated through a mental health provider.
In the realm of Social Security Disability, very few practitioners will encounter a potential client with a severe Dissociative Disorder on a regular basis. It is important to remember that many clients will have wide and varied symptoms. To be sure, whatever symptoms the claimant is having and documented by medical records, the symptoms must interfere with their ability to perform full-time competitive work. Dissociative Disorders are analyzed under 12.08 of the Adult Listings. For more information about Dissociative Disorders, look at www.nmha.org.
Wednesday, April 9, 2008
Crohn's disease
According to the CCFA (Crohn's & Colitis Foundation of America) Crohn's disease affects between 400,000 and 600,000 people in North America. Crohn's disease is broken up into two listings by Social Security. The first, Listing 5.06 for Inflammatory bowel disease (IBD), covers ulcerative colitis and Crohn's. Disability caused by weight-loss resulting from Crohn's disease is covered by Listing 5.08.
Is is very difficult to meet a listing for Crohn's disease for most individuals. Generally, the best approach is to document the existence of CD and then document the physical limitations it places on the claimant. These physical limitations are referred to as a claimant's physical residual functional capacity ("RFC"). These activities include the claimant's ability to sit, stand, walk, lift, pushing, pulling, etc. Most claimant's, if the CD, is severe enough will be successful at steps 4 and 5 of the Social Security Administration's Sequential Process mainly due to bathroom breaks that vary in frequency and duration but utlimately preclude full-time employment.
However, I have had some luck arguing that the claimant's CD is severe enough to equal the Listing 5.06. In order to meet the Listing 5.06, the claimant must have a certain laboratory profile. This includes:
1. A hemoglobin level of less than 10.0 g/dL, present on at least two lab reports at least 60 days apart.
2. A serum albumin level of less 3.0 g/dL, present on at least two lab reports at lease 60 days
apart.
3. Involuntary weight loss of at least 10 percent from baseline weight.
4. The need for supplemental enteral nutrition via a central venous catheter.
For those that are familiar with lab reports, these figures are rare to find on most CD patients. Those meeting the Listing have to have the requisite numbers DESPITE treatment; most commonly Remicade. However, it proves successful to argue the CD patient EQUALS the Listing if these number fall below the normal range for the lab results. For example, for hemoglobin levels the normal range is 13.9-16.3 g/dL. For serum albumin levels, the normal range is 3.5-5.0 g/dL. Low hemoglobin and albumin levels suggest severe anemia.
Anemia, one of the more common blood disorders, occurs when the level of healthy red blood cells (RBCs) in the body becomes too low. This can lead to health problems because RBCs contain hemoglobin, which carries oxygen to the body's tissues. anemia can cause a variety of complications, including fatigue and stress on bodily organs. It is important in a Social Security hearing that the ALJ understands that although the claimant does not fully meet the Listing, the lab reports of low levels of hemoglobin and albumin lend incredibility to the claimant's chronic fatigue and low energy levels. These low levels of energy and chronic fatigue will limit the claimant to less than sedentary work and therefore the severity will equal the Listing.
Is is very difficult to meet a listing for Crohn's disease for most individuals. Generally, the best approach is to document the existence of CD and then document the physical limitations it places on the claimant. These physical limitations are referred to as a claimant's physical residual functional capacity ("RFC"). These activities include the claimant's ability to sit, stand, walk, lift, pushing, pulling, etc. Most claimant's, if the CD, is severe enough will be successful at steps 4 and 5 of the Social Security Administration's Sequential Process mainly due to bathroom breaks that vary in frequency and duration but utlimately preclude full-time employment.
However, I have had some luck arguing that the claimant's CD is severe enough to equal the Listing 5.06. In order to meet the Listing 5.06, the claimant must have a certain laboratory profile. This includes:
1. A hemoglobin level of less than 10.0 g/dL, present on at least two lab reports at least 60 days apart.
2. A serum albumin level of less 3.0 g/dL, present on at least two lab reports at lease 60 days
apart.
3. Involuntary weight loss of at least 10 percent from baseline weight.
4. The need for supplemental enteral nutrition via a central venous catheter.
For those that are familiar with lab reports, these figures are rare to find on most CD patients. Those meeting the Listing have to have the requisite numbers DESPITE treatment; most commonly Remicade. However, it proves successful to argue the CD patient EQUALS the Listing if these number fall below the normal range for the lab results. For example, for hemoglobin levels the normal range is 13.9-16.3 g/dL. For serum albumin levels, the normal range is 3.5-5.0 g/dL. Low hemoglobin and albumin levels suggest severe anemia.
Anemia, one of the more common blood disorders, occurs when the level of healthy red blood cells (RBCs) in the body becomes too low. This can lead to health problems because RBCs contain hemoglobin, which carries oxygen to the body's tissues. anemia can cause a variety of complications, including fatigue and stress on bodily organs. It is important in a Social Security hearing that the ALJ understands that although the claimant does not fully meet the Listing, the lab reports of low levels of hemoglobin and albumin lend incredibility to the claimant's chronic fatigue and low energy levels. These low levels of energy and chronic fatigue will limit the claimant to less than sedentary work and therefore the severity will equal the Listing.
Friday, April 4, 2008
REM's Accelerate
Unbeknownst to many, I am a huge REM fan. REM's new album, Accelerate, hit the shelves on April 1. No, its not a April Fool's joke. I bought the CD last night and I am not disappointed. I believe its their best album since Monster and I am psyched about it. If you get the chance, check out their interview on the Colbert Report.
http://www.comedycentral.com/press/press_releases/2008/rem_clips.jhtml
http://www.comedycentral.com/press/press_releases/2008/rem_clips.jhtml
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