Florida Arrhythmia Disability Lawyer
Florida Arrhythmia Disability Lawyer
The Social Security Administration (SSA) doesn’t always make it easy for those with an arrhythmia to get the Social Security Disability Insurance (SSDI) or Supplemental Security Income benefits they deserve. Many claims are denied because SSA says:
- Your arrhythmia has not lasted for at least a year,
- Your arrhythmia is not severe and only causes a minimal effect on your ability to work,
(3) Your medical condition doesn’t meet the requirements of or is the equivalent of a Medical Listing,
(4) You can return to the lightest job you held in the 15 years before you became disabled, or
(5) There is other work you can do in the mythical national economy based on your age, education, transferable skills and your residual functional capacity.
Not all cases of arrhythmia are severe enough to make you eligible for Social Security Disability benefits, but Nancy Cavey has successfully represented many SSA applicants with arrhythmia disorders. She works to overcome the denial of the claim by working closely with you and your physician to show that you:
- Meet the requirements for a disability listing for arrhythmia or that
- Your limitations are too great for you to work at your old job or any other job in the national economy in view of your age, education and transferable work skills.
She offers a free initial consultation and welcomes the opportunity to speak with you about your Social Security disability claim.
What Is Arrhythmia?
Arrhythmia is an irregular heartbeat, rapid heartbeat or a quivering of the upper chambers of the heart. Arrhythmia is caused by a malfunction in the heart’s electrical system.
Your body can be starved of oxygen if blood doesn’t move properly from the upper chamber of your heart (the atria), into the ventricles and then to the rest of your body. Blood that remains in the atria can pool, which in turn can create blood clots that result in a stroke.
Arrhythmia, which affects more than 5.1 million Americans, can overwork the heart, which can result in a stroke.
Arrhythmia can leave you dizzy, faint, light-headed, anxious, breathless, weak and exhausted. Stroke and heart failure also can result in disabling symptoms. The severity of the symptoms varies by disease and from person to person.
When Your Arrhythmia Meets A Listing
Arrhythmia or recurrent arrhythmias are included in Listing 4.05 of the SSA’s “Listing of Impairments.” If you meet or have the equivalent of a Listing, your Social Security disability benefits will be awarded at Step 3 of the Five-Step Sequential Evaluation.
Your medical records must establish that you meet every element of the Listing for your arrhythmia to be considered disabling. SSA will review your medical records and look for the following:
- Your arrhythmia causes syncope or altered consciousness on at least three different occasions in 12 consecutive months,
- An EKG that shows your arrhythmia is related to the syncope or presyncope,
- The episodes occur despite following your physician’s treatment recommendations, and
- Your arrhythmia isn’t due to a reversible medical condition.
If you don’t meet or equal a listing, SSA then will determine your entitlement to benefits based on medical and vocational criteria at Steps 4 and 5.
If your arrhythmia or arrhythmia doesn’t meet a listing, you will have to prove that you:
- Can’t return to the lightest job you held in the 15 years before you became disabled (PRW), and
- There isn’t any other work you can do in the mythical national economy based on your age, education, transferable skills and your residual functional capacity (RFC).
SSA or, ultimately an Administrative Law Judge, will answer those questions by determining your residual functional capacity. Your RFC is what you can do despite your arrhythmia.
Residual Functional Capacity For Arrhythmia
The SSA will review your medical records at the Initial Application and Reconsideration stage of the claims process and determine your functional capacity to perform sedentary, light, medium and heavy work.
SSA medical consultants often opine that a Social Security Disability applicant can do light and sedentary work, and that will result in a claims denial. The lower your RFC the more likely that you can’t return to the lightest job you held in the last 15 years or perform other work. SSA doesn’t tell applicants or physicians about the existence and importance of properly completed RFC forms that will explain:
- Whether your arrhythmia causes you to frequently experience chest pain or dizziness,
- How much you can lift,
- How long you can walk, stand, stoop and bend because of weakness, chest pain, dizziness or shortness of breath,
- How long you must take breaks throughout the day because of chest pain or dizziness,
- Whether your arrhythmia makes it difficult for you to focus, concentrate or keep the pace required at work,
- Whether you have good days and bad days and how many days per month you would miss from work, and
- Whether you have psychological problems, including depression and anxiety, that would interfere with your ability to work.
This is not an exhaustive list of all of the questions on an arrhythmia RFC form. But you can see that having an explanation of what you can do physically, cognitively and emotionally is key to winning your case.
You also might have more than one medical problem. It isn’t uncommon for those with arrhythmias to have other cardiological or even kidney problems. It might be necessary to have an RFC form filled out for each of your disabling medical conditions.
Many SSA cases are lost because the applicant did not obtain an RFC or the right RFC form, or because their treating physician completed it improperly. That is one of the many reasons you should have an experienced Social Security attorney like Nancy L. Cavey represent you in your claim.
Many claims are denied both at the Initial Application and Request For Reconsideration stages of the claims process.
At the hearing stage, the Administrative Law Judge will determine your RFC and give hypotheticals to the vocational evaluator (VE) who will testify at your hearing. The judge will ask the VE to take into consideration your RFC, as determined by the judge, your age, education and prior work experience in determining:
- Whether you can return to the lightest job you held in the last 15 years,
- Whether there is other work you can do or could learn to do.
It is crucial that you are represented at a hearing to make sure the right questions are asked of the VE.
How Does A Florida Arrhythmia Disability Lawyer Get The Benefits I Deserve?
Arrhythmia not only can interfere with your daily activities but with your ability to work. If you no longer can work or your doctor has told you to apply for Social Security disability, you should hire Nancy Cavey to help you:
- File your initial Social Security Disability application. The application process is confusing and designed so you make mistakes that can result in a delay or even a denial of your benefits.
- Appeal a wrongful denial of your Social Security disability application or Request for Reconsideration.
- File an Application for Hearing and represent you at the hearing with the Administrative Law Judge who will decide if you get benefits. She will have your physician, if possible, complete the right RFC(s), prepare you for the hearing, prepare a hearing brief, and be prepared to cross-examine the VE.
The SSA is in the business of denying claims and will use any reason to deny your benefits. The odds of getting your Social Security benefits are greater when you are represented by an experienced Social Security Disability attorney like Ms. Cavey.
Contact Our Florida Arrhythmia Disability Lawyer Today
Arrhythmia can make it difficult, if not impossible, to work. You owe it to yourself and your family to get help today. Ms. Cavey can explain the Five-Step Sequential Evaluation process used in every claim, the claims process and how to get your disability benefits. Contact our Florida Arrhythmia Disability Lawyer today for a free consultation at 727-894-3188.