Ehlers-Danlos syndrome"EDS" describes a number of genetic conditions (usually caused by a genetic mutation) that cause a variety of problems. The mutation is most commonly found in the genetic code that regulates the body's collagen, which is responsible for connective tissue in the joints and throughout the body.
Because the disease attacks these connective tissues, people with EDS may experience a variety of symptoms, including muscle pain; easy bruising, fatigue, hyperflexibility, dislocations, cardiac complications and other systemic symptoms that may be mildly bothersome or life-threatening.
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Can you receive disability benefits for EDS?
Yes, disability benefits are available for people with Ehlers-Danlos syndrome, but qualifying for them is not always easy.
Application for Social Security Disability/LTD Disability with Ehlers-Danlos Syndrome
Unfortunately, EDS is often misunderstood and dismissed by disability judges and insurance companies. One challenge is determining the severity of the impairment, because Ehlers-Danlos can vary so widely (even in the same person over time).
The disabling symptoms usually center on pain and other subjective effects of the objective clinical disease. This means presenting a credible and clear description of these symptoms through testimonials and developing an expert medical opinion that can bind the disability symptoms of Ehlers-Danlos. Finding an attorney with the experience to present a case can be critical in a case involving a poorly understood condition such as Ehlers-Danlos syndrome.
Work-related restrictions
As anyone with EDS knows, the effects can be systemic and spread throughout the body. It's important to focus on the issues that have the greatest impact on your ability to work. For example, if you suffer from recurrent hip or shoulder dislocations, the focus may be on showing difficulty in movement or, if you do sedentary work, on the inability to reach desk level to type and work on a computer (also if hands are affected). ). Sometimes the theory behind the case is as simple as the effect of the treatment. The frequency with which many suffer from EDS requires intervention and treatment to manage complications, and treating the disease alone can be exclusive work. According to the testimony of most social security professional experts, it is clear that a person who would miss an average of only three days of work per month, or be out of work for only 15% of the working day, would not be able to hold a competitive job.
Considerations when proving a disability
Other considerations may include evidence of disability through other affected systems or body parts. For example, if the primary symptoms affect the cardiac tissue or vascular system, disability may be equated with other diagnoses that affect these areas. The same applies to disorders resulting from joint or movement disorders.
The impact of fatigue and recurring infections
For many, fatigue or recurring infections may be more common than joint dysfunction and pain. Fatigue itself can be disabling if it prevents an individual from performing competitive work during a full-time schedule.
Part-time work at EDS
A potential pitfall for EDS patients seeking disability benefits is that so many members of the EDS community have adapted to a work-life balance and EDS that includes finding part-time or modified work. Although Social Security and insurance companies cannot determine that you can do "other work" that is part-time or housed if your current work is above the income limits that Social Security or an insurance company considers profitable, you may have to prove that you cannot do the work can do more. There are exceptions and ways to challenge this presumption, but arguing against your own due diligence is often the biggest challenge in EDS cases.
There are no shortcuts to proving a disability claim based on Ehlers-Danlos syndrome. A long-term disability insurance company or the Social Security Administration will attempt to minimize disabling symptoms if they are difficult to quantify or do not fit neatly into a standard list of limitations when sitting, standing, lifting, or carrying.
Receive disability benefits for Ehlers-Danlos syndrome with our help
It may not be easy, and it certainly won't happen without significant legwork, but long-term disability claims can be approved for Ehlers-Danlos syndrome. Because simply providing medical records and a statement explaining your symptoms is not enough, finding a disability attorney who can help you prepare your case can have a significant impact.
Disability lawyers with knowledge of Ehlers-Danlos syndrome generally charge modest and affordable fees. Bross & Frankel has developed an extensive knowledge of EDS disability claims and has handled hundreds over the years, almost all based on word of mouth through the EDS community. Almost all lawyers who do this work will offer you a no-obligation and free assessment of your claim. This is not only to help an attorney determine if he or she will help you, but is also part of a conversation to determine if he or she is a good fit for what you need.
Benefit from a damage assessment and do not hesitate to discuss fees, costs and strategy. If you would like to speak to a member of our team, please call us today at856-795-8880ofContact us.
