Mobility Impairments and Social Security Disability Claims

A serious mobility impairment is the most common disability in America, according to the Centers for Disease Control. Cognitive impairment is a rather distant second. Independent living issues (the inability to run errands and pay bills), hearing impairment, and vision impairment round out the “top five.” Social Security Disability benefits are often available in these cases. These benefits make life easier for those facing additional mental, physical, emotional, or other personal challenges.

The widespread nature of mobility impairments often works against applicants. Basically, Claims Examiners are afraid to open the floodgates. They fear that approving benefits in one mobility impairment case means approving benefits in roughly thirty million mobility impairment cases. So, a Tampa Social Security Disability lawyer must convince a Claims Examiner, or more likely an Administrative Law Judge, that the applicant’s situation is uniquely disabling.

Qualifying for Benefits

In a nutshell, a Tampa Social Security Disability lawyer must prove a mobility impairment, or other medical condition, is so severe that the applicant cannot engage in SGA (substantial gainful activity), which is basically earning more than $1,620 per month for sighted individuals ($2,700 per month for blind applicants).

So, the same mobility impairment could be disabling or not disabling. Paul, a blue-collar worker over 55, has a better case for a mobility impairment-related disability than Steve, a white-collar worker under 40.

The precise nature of the impairment matters as well. The SSA Blue Book defines disabilities and determines whether a person is eligible for benefits. Some Blue Book mobility impairments include:

• Amputations: Losing a limb or parts of limbs, or losing the use of a limb or a part of a limb, particularly if that loss makes it difficult or impossible to walk, stand, or perform other work-related physical functions for extended periods.
• Paralysis: Spinal cord injuries, brain injuries, and neurological conditions like multiple sclerosis often impair movement. This paralysis could be related to an accident, illness, genetics, or a combination of one or more of these things.
• Severe Arthritis: Conditions such as osteoarthritis or rheumatoid arthritis cause joint pain and stiffness, leading to limited mobility. Some procedures or medicines significantly alleviate arthritis, but not everyone is a candidate for such procedures or medications.
• Neurological Disorders: Diseases like cerebral palsy or Parkinson’s disease often severely affect motor skills and walking ability. Neurological disorder applicants are often entitled to substantial back pay because, in many cases, the onset date precedes the application date.

Let’s use another illustration to explain the difference between onset and application date. Assume that, in 2015, Maria’s doctor says she has arthritis. Over the years, her arthritis gets worse and she finally files for disability benefits in 2025. More than likely, her disability onset date was around 2015, when she was first diagnosed.

Medical Evidence Required

When applying for Social Security benefits, applicants must provide substantial medical evidence which documents their conditions. This proof includes:

• Doctor’s reports,
• Medical tests and diagnoses,
• Treatment history,
• Functionality assessments, and
• Lay testimony.

Maria’s neighbor cannot testify as to the medical nature of her arthritis. But her neighbor can testify about how that condition affects her daily life.

The SSD Application Process

Mostly because the SSA is a relatively small agency with a relatively limited budget, the SSD application process often takes months or even years. Mostly for financial reasons, many Claims Examiners deny initial claims. Then, due to the limited number of Administrative Law Judges, many applicants wait a long time for appeal hearings.

During this long process, it’s essential to stay persistent and provide as much evidence as possible. Presenting this evidence properly, which a Tampa Social Security Disability lawyer can do, is important as well.

Work With a Thorough Hillsborough County Lawyer

Injury victims are entitled to important financial benefits. For a confidential consultation with an experienced Social Security Disability lawyer in Tampa, contact Kobal Law. The sooner you reach out to us, the sooner we start working for you.

Source:

cdc.gov/disability-and-health/articles-documents/disabilities-health-care-access.html