Lupus (also known as systemic lupus erythematosus) is an autoimmune disorder where your body attacks its tissues and organs. It can impact your kidneys, heart, lungs, brain, and blood. This can result in inflammation, joint pain, fatigue, skin lesions or rashes, headaches, dry eyes, photosensitivity and more. Lupus symptoms vary a lot depending on what tissue or organs are attacked and the frequency and severity of the flares. Signs and symptoms of lupus may start out as an annoyance but become debilitating because lupus is progressive.
People with more advanced lupus may have difficulty walking, experience unintentional weight loss, have problems focusing on a task, or experience frequent and severe flares. The symptoms can make it difficult, or even impossible, to work.
Serving clients from across the country, MCV Law is here to help you understand the Social Security Administration's eligibility criteria for benefits, and guide you through the application process.
Is lupus a disability?
The diagnosis of lupus does not automatically entitle you to Social Security Disability benefits. The Social Security Administration will review your medical records to determine whether your experience with lupus is severe enough to meet a listing. The listing for lupus is 14.02 in the Social Security Blue Book listing of impairments.
To qualify under the listing, in addition to the diagnosis of lupus, you must have:
- Involvement of two or more organs/body systems, with:
- One of the organs/body systems involved to at least a moderate level of severity; and
- At least two of the constitutional symptoms or signs (severe fatigue, fever, malaise, or involuntary weight loss).
OR
- Repeated manifestations of SLE, with at least two of the constitutional symptoms or signs (severe fatigue, fever, malaise, or involuntary weight loss) and one of the following at the marked level:
- Limitation of activities of daily living.
- Limitation in maintaining social functioning.
- Limitation in completing tasks in a timely manner due to deficiencies in concentration, persistence, or pace.
What if I do not meet the listing for lupus?
If you do not meet the listing for lupus, you may still qualify for disability benefits under the medical-vocational rules. Under this analysis, you must show that your symptoms are so severe that it significantly limits your ability to do work-related activity.
The Social Security Administration will review your medical records, your reports of symptoms, and other information in the file to determine what limitations it causes you. Perhaps you need to use an assistive device like a walker or require periodic oxygen. Maybe you can only lift 5 pounds at a time or can only work a couple hours a day before lupus fog kicks in. The Social Security Administration will consider all your limitations from all medical impairments (not just lupus), and determine what your ability to do work-related activities is. This is also called your residual functional capacity (RFC). If your RFC prevents you from doing your past work or any full-time work, then the Social Security Administration will find that you are disabled.
The medical-vocational rules change once you hit age 50 and again at age 55. Depending on your education and past work, you may have a better chance of successfully proving your case at those ages.
"I highly recommend this firm. Karen Lowe was so helpful and kind throughout the whole process. Every email and call was promptly returned and every question answered."
- Melissa K, a satisfied MCV Law Social Security Disability client
Do I need an attorney?
The Social Security Administration does not require that you have attorney assist you in your application for benefits. However, the process is lengthy and complex, especially when dealing with lupus, which varies so much between individuals. A Social Security Disability attorney can help you navigate this process by preparing a thorough application, timely responding to the Social Security Administration’s requests and helping you gather the medical evidence necessary to bolster your claim. When necessary, an experienced Social Security Disability attorney can pursue appeals on your behalf.
When lupus keeps you from earning a living, MCV Law is here to help. Our attorneys work on a contingency fee basis. You do not owe anything until we obtain the benefits you are entitled to. Our initial consultation is always free. We have helped hundreds through the complex Social Security process and look forward to helping you get your life back. Call us today.