Kidney disease is a wide-ranging disorder that can affect many parts of the body. It is characterized by the increasing inability of the kidneys to properly filter the blood, leading to increased levels of toxins in the body. As a result, individuals may begin to experience a wide range of consequences, including general fatigue and muscle soreness, as well as cardiovascular complications and increased susceptibility to infection. Diabetes is a leading cause of kidney disease, and it is a medical condition that is increasingly prevalent in society today. If you are currently suffering from kidney disease in Massachusetts and it is affecting your ability to work, the Social Security lawyers at Kantrovitz & Associates are available to assist you in filing an application for government benefits.Kidney Disease and Pursuing SSDI
The Social Security Administration (SSA) recognizes kidney disease as a medical condition that can qualify an individual for Social Security Disability Insurance (SSDI). Listings 6.03, 6.04 and 6.05 of the SSA’s Book of Listings identify poor kidney function as a disability when certain conditions are present, including the need for ongoing peritoneal dialysis, ongoing hemodialysis, or kidney transplantation. You can also establish your eligibility under these listings by showing you have reduced glomerular filtration. Additionally, under listing 6.06, kidney disease qualifying for disability can also be established by showing excess protein in the urine and edema. This is known as nephritic syndrome.
Finally, in the advanced stages, kidney disease leading to kidney failure can qualify for disability under the listing “genitourinary impairments.” This listing allows for applicants to qualify for benefits if they can show that they have experienced the need for regular dialysis, a kidney transplant, reduced glomerular filtration, nephritic syndrome, or serious complications of kidney disease.
In order to establish that you qualify for disability due to kidney disease, you will need to provide extensive medical documentation concerning the nature of your disease and how it has affected your health. Depending on the listing that you hope to qualify under, you may need to provide records of your ongoing dialysis treatment, a prior kidney transplant, or other medical treatments that you have had. Alternatively, if you believe that you have nephritic syndrome or reduced glomerular filtration, you will need to provide testing and lab results to document these conditions, such as proof of excess protein in your urine. Disability examiners rely primarily on the medical records provided by applicants in making disability determinations, so it is imperative that your application is as comprehensive as possible.
Additionally, if you are uncertain if your kidney disease will qualify under the precise listings set forth by the SSA, but you still find that your condition is preventing you from working, you may also apply for disability benefits through a residual functional capacity (“RFC”) assessment. Under an RFC examination, a disability examiner will consider the evidence you provide to establish your disability and will consider how it is affecting your ability to work. The examiner will first evaluate the severity of your impairments and whether they prevent you from returning to the job that you previously had. If so, the examiner will then consider whether there are any jobs in the national economy that could be performed by someone with your level of impairment and functional ability. If not, you will be granted SSDI.
Many applications for benefits are denied at the initial claim stage. If you are not successful at the outset, however, you can seek an appeal of the decision by filing a request for reconsideration. People whose applications are denied again have the option of pursuing a hearing before an Administrative Law Judge (ALJ). They can then potentially take their case to the Social Security Appeals Council and ultimately a federal court.Consult a Massachusetts Lawyer for Your Government Benefits Claim
There are numerous ways to pursue SSDI for individuals who are suffering from kidney disease or kidney failure. Whether you are planning to apply through one of the several listings promulgated by the SSA, or you believe that your disability should qualify under an RFC assessment, the government benefits attorneys at Kantrovitz & Associates are available. We have helped Massachusetts residents in the Boston area as well as surrounding communities in Plymouth, Essex, and Middlesex Counties, and the Merrimack River area. You can contact our office for more information at (800) 367- 0871 or online.