If you suffer from dystonia, you might qualify for Social Security disability benefits. As the federal agency that oversees the program, the Social Security Administration (SSA) denies a majority of disability claims. This means you might have to file an appeal to overturn the decision of denied disability benefits.
How to File a Convincing Appeal
If the SSA has denied Social Security with dystonia, you have the right to file an appeal for reconsideration with the federal agency. An appeal for reconsideration is similar to the process that unfolded with your original claim.
A different team of medical examiners from the SSA reviews your application to determine whether you qualify for financial assistance. As with your original claim, the SSA refers to a medical guide called the Blue Book to determine whether your dystonia symptoms meet the severity standards established in the Blue Book.
Dystonia does not have a Blue Book listing, but you might qualify for Social Security disability benefits if you suffer from one or more of the following symptoms.
- Tendency to drag one or both feet
- Intense pain
- Uncontrollable tremors
- Unable to speak
- Rapid blinking of the eyes
Medical Documents Can Help Reverse a Dystonia Denied Disability Claim
If you did not submit sufficient medical evidence with your initial application, you get a second chance to submit more persuasive medical documents when you file an appeal for reconsideration.
Your physician should provide you with the results of the following diagnostic tests for dystonia:
- Blood tests
- Urine tests
- CT scan
- MRI
- Electromyography
- Genetic testing
You should also ask your doctor to give you a written prognosis of your chances for making a full recovery. A prognosis that states that you are not likely to make a full recovery can lead the SSA to award you financial assistance for estimated future medical expenses.
How a Residual Functional Capacity Can Help You
Successfully filing an appeal for a dystonia disability claim might involve the completion of a Residual Functional Capacity (RFC) assessment. Since dystonia often causes muscle tremors, a physician from the SSA might put you through a series of tests that measure the severity of the involuntary muscle movements.
One test asks you to hold both arms out parallel to the ground to determine the strength of your tremors. Another test requires you to walk on a treadmill to measure your level of pain, especially in the neck and back.
Deadline for Filing an Appeal for Dystonia Denied Disability
If you have received a denied with dystonia letter from the SSA, you have 60 days to file an appeal for reconsideration. You can gather and organize the most compelling medical evidence, as well as submit written testimony that is supplied by your employer, and your claim will still get denied because you failed to meet the 60-day deadline. Sixty days is not a lot of time to submit a convincing claim, which means you should consider working with a Social Security attorney.
A Social Security lawyer may ensure that you meet the 60-day deadline for filing an appeal for reconsideration. Your attorney can also guide you through the appeals process. If the SSA denies your appeal for reconsideration, the next step involves taking your claim in front of an Administrative Law Judge (ALJ)
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