If you have been diagnosed with diabetes mellitus you are considered disabled and entitled to Social Security disability benefits if you meet or equal certain criteria in the “Listings.”
A diabetic may be “disabled” as a matter of law if he/she has any one of four conditions resulting from diabetes:
- Neuropathy which is demonstrated by significant and persistent disorganization of motor function in two extremities (most likely the feet) resulting in sustained disturbance of gross and dexterous movements, or gait and station. The disorganization of motor function (due to peripheral nerve dysfunction) may take the form of paresis or paralysis, tremor or other involuntary movements, ataxia and sensory disturbances occurring singly or in various combinations; or
- Acidosis which occurs at least on the average of once every two months, documented by appropriate blood chemical tests (pH or pCO2 or bicarbonate levels); or
- Amputation at or above the tarsal level due to diabetic necrosis or peripheral arterial disease; or
- Retinitis proliferans which must be evaluated as to degree of visual impairment under the Listings for visual acuity. These include: a) as to central visual acuity, remaining vision in the better eye after best correction at 20/200 or less; or b) contraction of peripheral visual fields in the better eye to 10 degrees or less from the point of fixation, or so the widest diameter subtends an angle no greater than 20 degrees, or to 20 percent or less visual field efficiency; or c) visual efficiency of the better eye after best correction 20 percent or less, based on the product of percent of remaining central visual efficiency and percent of remaining visual field efficiency.
Please keep in mind that even if your diabetes has not reached the level of any of the above criteria, you may still be ruled disabled if the combined effect of your impairments is equivalent to the degree of impairment of any of the above criteria.
That is, for example, if you, a diabetic, have neuropathy (but not yet with significant, persistent disorganization of motor function resulting in sustained disturbance of movements), and also regularly test positive for acidosis (but not as frequently as every two months), and also have diabetic necrosis (or peripheral arterial disease) which has produced ulcerous lesions but not yet to the point of amputation, the combined effect of all these considered together may be regarded as legally disabling. So, the question is: does the combined effect of these diabetes-related conditions taken together impair you as much as any one of the four conditions described above?
In short, if you state that you are “disabled due to diabetes” it will not help secure a favorable response to your application for Social Security disability benefits. That determination must be made by the judge.
The best way for you to help you receive a fair and just review of your application for Social Security disability is to retain the services of an experienced disability attorney who will guide you through the process of gathering the evidence to describe the significant impairments from your diabetes mellitus.
We Can Help
If you are unable to work because of a physical or mental impairment, you may qualify for Social Security Disability benefits. If you need help and are looking for an experienced Social Security Disability Lawyer in Virginia who can assist you in navigating the sometimes very complex process of applying for Social Security Disability benefits, then call Kalfus-Nachman. We will assist you in your initial claim and at the reconsideration level, and we will also represent you at a hearing before an Administrative Law Judge if this becomes necessary. Call us today!
