Can You Win a Rheumatoid Arthritis Case without Evidence of Joint Deformity
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- Опубліковано 6 вер 2024
- I recently tried case on behalf of a client with rheumatoid arthritis and, surprisingly, received an unfavorable decision. The judge’s main concern seemed to be the absence of objective evidence (i.e., MRI, CT scan) of joint deformity.
As I note in this video, I have appealed this hearing denial and I think we have a reasonable chance at winning our appeal. If we win, this case will be sent back to the hearing office for a new hearing - before the same judge.
Because I know that the judge was unwilling to approve this claim due to the absence of radiographic evidence of joint deformity, I am going to focus on other issues my client is facing that arise from her rheumatoid arthritis such as medication side effects and the limited effect of medications viewed over a long period of time.
Further, because more and more of my clients are facing insurance coverage issues and financial constraints I will have to assume that I will be dealing with medical case files that may not contain as much objective evidence as I would like so I will incorporate this focus on medications and medication side effects into more of my cases.
More and more, I am finding that I have to think outside the box when developing winning arguments and this is a good example of how I will do this.
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Joint deformity is one of many. Fatigue, depression, pain, brain fog, loss of sight, loss of balance, suppressed immune system (sick 90% of the year) missed days wages- financial times, stress, nausea, and worst of all realizing that might not meet your dreams and aspirations..
Great video! You absolutely NAIL IT here! I'm currently dealing with almost every issue you've raised regarding rheumatoid arthritis and disability. Thank you!
Glad you found it helpful.
I have RA amongst other issues, but a lesson I learned through this process is that RA Dr's aren't always very supportive. A couple of years before applying, I was in so much pain at work, I was literally having to shift around with my feet when walking and started walking on my heels, which then began to hurt pretty bad, walking on bones. I could not get this dr to do no more than x-rays, which did show erosion, but she downplayed it. After a year or so after applying for SSDI, out of desperation, I went to a podiatrist who did x-rays, have RA and Osteo damage, but by 3rd visit, he noticed more damage just by looking at left foot. He ordered MRI because he said x-rays don't show everything. The MRI showed much more damage. MRI's tend to show the soft tissue damage that RA causes. Same thing with knees, went to knee specialist and much more damage via MRI. So anyone out there with RA, please get an MRI for more detailed findings. My hands have damage as well, not just joints, which hand surgeon said two joints are totally destroyed in my right/most used hand, so I've started going to new RA dr, so hoping for MRI on those as well, but already had hearing, so that won't help...
Delta Houston did you get approve ?
I had a physical appointed by SSI since I don't have a lot of medical evidence because I couldn't really afford a good insurance and she was literally trying to bend my deformed swollen fingers back. Nobody can tell me that they don't get more money to say one isn't eligible. My hands are EXTREMELY deformed 😐
Forgot couple more, memory loss, organ pain and frustration. Both from dealing with the disease AND SPENDING AT LEAST DAY A MONTH TRYING TO GET YOUR MEDS RELEASED FROM INSURANCE!!!!!
I was just awarded a bench approval...I watched many of your videos trying to educate myself about social security and how to get approved. Thank you so much. I will definitely recommend these videos to anyone trying to get approved...
Please do a video for visual impairment.
My father died from Rhuemtoid Arthritis complications.
You are giving people HOPE thank you🤗
You are so great to do all these videos! I thought you was actually talking about me lol
Thank you so much! I know you was talking about a totally different subject. My case is in the hands of the Appeal council now is it a good sign?
This is my issue. I hope I can figure this out.
This is so helpful. I watch you all the time thanks for your help.
You are very welcome.
I have my hearing on Feb 6 2020, I have same issue Lupus,MCTD, Inflammatory Arthritis , and sever Raynouds. MRI shows severe Synovitis, only slight deformation, been on all the meds that mentioned now im on benlysta IV, no break on seeing RA Doctor since 2006, i just stop working 2016 hope I have a good case
Thank you sir for sharing this information!! I am working at a Federal government department. I do have a good job and I like what I do. But, because of my RA I am missing so many days. The madications are making me so fatigued I can't make it to work. Is there a way to start the case while I am working? So I will not face financial difficulties.
Unfortunately, no. If you are working then by definition you are not disabled. The problem, of course, is that if you stop working you may end up waiting 2 to 3 years for a decision on your disability application. Not sure how SSA expect claimants to eat or to have shelter with no money for 2 to 3 years.
I have crohns and developed arthritis my knees get inflammed bad and i take methotrexate and humira
Did you win the case after the appeal? I am in the same situation, I have my hearing in 2 months . I have had RA for 10 years and have tried numerous medications. Currently using enbrel and methotrexate with some side effects.
Any tips?
Thanks for your videos
Did you win?
So true
If the ALJ makes a very big incompetent mistake on the applicant's claim and causes harm to the applicant, can the applicant put in a complaint with the local bar association against the ALJ for gross incompetence or something else? Penalties should be harsh on ALJ if they screw up ESPECIALLY if there is evidence right in front of them in favor of the applicant...
I don't think you would get very far with a bar complaint - that is for ethical issues. Unless you can show that the judge had a clear bias your best bet is to pursue an appeal with the Appeals Council.
Yea he missed the boat alright he didn't even see it! So sad!
Did you win the appeal?
I have a combination of inflammatory polyarthropathy and myalgia and bipolar disorder. I have missed so much work this last year. Do you think I would qualify for disability?
How long is the wait after denial ?
Do I have a good case?I have RA,lgg4 ,and sojgrens.
It depends on whether these conditions impact your capacity for work and if you have medical support saying so.