Having gastroparesis can make it difficult to work a normal job. Your pain, nausea, and vomiting may mean you need to run to the bathroom more often than most people. If your condition does not respond to treatment, you may lose their job. If you suffer from gastroparesis and cannot work, you may qualify for disability benefits from the Social Security Administration (SSA).
The team from Berger and Green can help you get Social Security Disability for gastroparesis. We know what the SSA disability examiner expects to see when they look at your claim, and we can review your file before you apply for disability. If the SSA already denied your initial application, we can file an appeal on your behalf and fight for the full benefits you need. If you are in Pittsburgh, call us today at 412-661-1400 for your free consultation.
Identifying Your Qualifying Impairment for Disability Benefits
Unfortunately, gastroparesis is not listed in the SSA’s Blue Book. This book contains the medical requirements you must meet to qualify for disability based on a medical condition. However, this does not mean you cannot meet the criteria in an impairment listing. Gastroparesis could fall under a number of other categories, depending on your symptoms. Most commonly, you might find you meet the criteria associated with:
You could also look for an impairment listing related to another condition that causes your gastroparesis. Some of the most common are:
One of the best ways to learn if you meet the qualifications under any of these impairment listings is to discuss your application with your doctor. They can help you understand if you have the necessary medical evidence to prove your disability, and can run any necessary tests or take imaging scans to help support your claim.
Getting Benefits If You Do Not Meet a Listing
If you do not meet the criteria under any Blue Book listing, you may be able to qualify for disability benefits based on your residual functional capacity (RFC). The disability examiner handling your claim will evaluate your RFC if they see that you do not otherwise have a qualifying impairment.
Your RFC is your ability to perform specific tasks. It shows the SSA how your condition affects your ability to work and hold a job. Based on your RFC, you may be able to get the benefits you need without meeting an impairment listing. In most cases, either the disability examiner will evaluate your abilities based on the application, or they will ask your physician to evaluate you. Occasionally, they may ask an applicant to see a third-party doctor for an examination.
If the RFC evaluation shows you cannot work your previous job—or any other job—you may be eligible for disability benefits. Our attorneys can help you understand more about how to qualify through the RFC process.
Technical Qualifications for Getting Disability Benefits
Proving you suffer from a qualifying medical condition is not the only part of a disability claim. You must also consider the technical qualifications of the disability program. These requirements involve your work history and income.
How to Qualify for SSDI
You will also need to have worked enough years to earn the right number of work credits. You earn these work credits by paying Social Security taxes on each paycheck. The required number of credits you need for benefits depends on your age.
SSDI also has a limit on how much you can earn working a job each month and still qualify for benefits. This is the substantial gainful activity (SGA) limit.
Qualifying for SSI
SSI also has strict income limits for eligible individuals. As a need-based program, most types of income count toward this limit. The program also requires you to have few assets, not including your home, vehicle, or a few other exclusions. There are no work requirements for SSI. Children and those with lifelong disabilities may qualify.
Filing an Appeal After the SSA Denies Your Claim
One reason getting disability benefits is so hard is because the SSA denies many initial applications. Applicants who receive a denial need to file an appeal and present their case to an administrative law judge.
If you received a letter denying you benefits, we can help you navigate the appeals process. We can schedule your hearing and determine why the SSA denied your application. We will ensure you have the most robust case for approval possible. That will mean gathering more medical evidence to prove you suffer from a disabling condition.
By the time we represent you in front of the Administrative Law Judge, we will have an argument to back our request to overturn your denial. In most cases, we can get well-qualified clients the back benefits and regular monthly payments they deserve during this hearing. If this appeal hearing is not successful, we may continue to the next steps in the process and fight for the benefits you deserve.
Talk to a Pittsburgh Attorney at Berger and Green About Getting Disability for Gastroparesis.
Berger and Green understand how difficult it can be to make ends meet when a medical ailment keeps you from working. We can help you fight for the disability benefits you deserve. Let us review your application or walk you through the process to appeal a denial of your claim. Call us today at 412-661-1400 for a free consultation.