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Strategies for Winning Multiple Sclerosis Disability Claims

Over the past couple of months, I have taken a number of MS cases to hearings before different judges. So far, we are looking at favorable decisions in all of them. However, the evidence considered by the various judges has been anything but consistent.

I summarized the various case strategies that I use in multiple sclerosis cases on my Georgia Social Security Disability web site so I will not repeat that detailed summary here.  A couple of points that do jump out at me:

  • because MS is a disease that progresses through a series of flare-ups and remissions, it is not uncommon for my client to experience periods of functioning that could allow for minimally physically demanding work. I get past this issue by eliciting testimony from my client that stress from attempting to work (including preparing for work, traveling to work and performing work) can cause a remission period to shrink, and that my client’s functioning during a remission period is enhanced by staying in a comfortable, familiar home environment
  • ideally, an MS case file should contain doctor or ER visits in intervals of 3 months or less. However, if you cannot afford treatment or otherwise do not go to your doctor that often, a personal diary detailing symptoms can serve as viable evidence
  • judges recognize that MS is a degenerative condition that does not improve over time. There are a number of neuromuscular diseases related to MS that may comprise your diagnosis. It is important to have your doctor reference that your associated disease falls within the MS family

I also found that in each of the cases I tried, my clients came across as exceedingly credible – people that had long, consistent work histories and who clearly would prefer to land back in the work force. In many ways, your credibility as a claimant serves as the foundation for your case and the combination of believable testimony, a definitive diagnosis with known, serious symptoms and a solid work history makes for a disability case that will likely succeed.

0 thoughts on “Strategies for Winning Multiple Sclerosis Disability Claims”

  1. Hello mr gingberg,
    Could you address the rfc in one of your next few posts.In particular,8 hour day,5 days a week.Does that mean week after week,month after month and so on?Also could you discuss the strength of non medical evidence.Thank you

  2. I just have a question about my sister Sherri Muse who has MS, she has been denied 4 times for Social Security Disability, her MS has progressed so much that now she has monthly infusion treatments. The past treatment hasn’t helped her very much this time and I can see her health failing each time I see her, it is so heartbreaking to watch her waste away from the virbrant person that she used to be. She has provided all the documentation that is needed, sees her doctor every 2 weeks, the last hearing she had the judge said that it is over kill with the doctors statements saying how disabled that she is and the judge denied her. If you have any information as to what she can do would be very helpful. she does have an attorney involved but he said he may drop her case if she get denied again! My sister Sherri Muse has 4 children and if not for organizations like a community church and my parents who are retired and living on a fixed income and they help with her house payment and monthly utlities which is a big burden on them. Again I thank you for letting me vent my fustrations and any input would be so greatly appreciated.

    Thank You
    Woodrow Muse

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