Narcolepsy and Social Security Disability - TIPS for strongest claim
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- Опубліковано 4 жов 2024
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Narcolepsy and Social Security Disability - there are things you can and should do to building a strong case for disabling Narcolepsy if you are unable to hold down a full time job of any sort due to your condition. Take a watch/listen.
secure.ssa.gov...
www.ssa.gov/di...
General NIH share, including the vastly differing symptomology, leading some patients to be unable to drive, due to risk of causing automobile accident. www.ncbi.nlm.n...
As always, all statements in this video and elsewhere online are general information only, do not constitute legal advice and do not create an attorney client privilege. To obtain legal advice, retain a lawyer. Visit us at joydisability.com
Stephanie Joy has been practicing Social Security Disability law EXCLUSIVELY, no legal dabble elsewhere, since 2005.
Exactly what Im dealing with now unfortunately
I've had narcolepsy my entire life but was not able to get social security. I've crashed a car, lost quite a few jobs from sleeping at work ect... I have cataplexy attacks when I'm overly stress. I use to have 1 or 2 catalepsy attacks a day. Meds dealt with the sleeping but didn't address the collapsing daily. I could stay awake but every day around the same time I would suffer a even worse collapse that I had to brace myself for because I've hurt myself sometimes when these things would happen. The more active I tried to be the worse my condition gets. I try to push beyond the tired but the will power it takes to do it daily I just don't have. I'm to the point where just to litigate the symptoms of narcolepsy I stay in bed most of the morning everyday. I can't work 40 hours a week without the sleep being an issue at work. Ppl in my family think it's an act. It has ruined with my self esteem because I can't earn the income I need to sustain a household. Theirs more I can say but I'm tired of writing.
I am so sorry. The medical evidence may be the reason - often people don't report their episoded (daily) to their narcoplepsy specialist, so even if there is a diagnosis, there is no evidence of how severe / limiting the symptoms are. SOme don't even have a specialist. So are unsafe to drive (accident) but have not for some reason had their driving privileges medically suspended, which is 'negative evidence'.... so don't have the testings the prove... some don't have doctor witnesses from when they fell asleep in the treatment room and he had to wake them, and had a tough time doing so... so what they have is limited to their allegations of how serious the disorder is and lacks robust 'objective' evidence... if the jobs lasted 6+ months, they are considered successful generally and therefore indicate the disorder is not severely limiting enough to prevent successful work. Those are just some examples. What did your ALJ decision letter say as to why it was not preventive of all work?
To be honest, it was so many years ago I don't remember exactly what was said in the letter. I have long since given up trying to get it. But when I went to court I remember they gave me a list of jobs that would be suitable for someone with my condition. Janitorial work was the only job highlighted. I took the advice and got such a job after trying many others before. resent left a job of the janitorial nature and I got fired because I was missing work. I often sleep standing up when I have the attacks while trying to work and some days it's hard to make it to work on time, if at all. I would use my break to nap but my boss even had a problem with that and started messing with my hours because I would clock back in too late. I wonder if I go through the social security process again would it be different? Maybe if I had someone who could help with the right things could I get the support I need. I'm currently living with my mother because it's hard to live and work alone. I would be homeless if she hadn't let me stay here. In the past when I was homeless I had a really bad sleep attack, someone took advantage and rummaged through my bag and pockets.
@@ContonniaTurnerjr How old are you? If you changed VP details, and you got the more robust treatment and follow up, it COULD be different. I suspect your issue was lack of sufficient evidence.
@@AllThingsSocialSecurity I'm now 37 but I was seeking help back when I was 20 to about 28. It took like 8 years of constant denials before I just gave up. I had received treatment and as I described before it merely just addressed the sleepiness and not the catalepsy. The neurologist played with the meds for a few years. After some time the pills lost effectiveness and became sleepy again even when taking them. Also I failed to mention before that no lawyer would take my case. Today I simply stay with my mother in spite our contentious relationship. Alot of ppl with my condition have families that don't believe them. I'm no different. I appear to be perfectly able most of the time. But that's only because I stay at home and have limited activity. I have as many naps as I need and I don't work a stressful job. Actually I currently don't work at all because I was fired from my janitorial job a few months ago. My mother resent me because I can't give her any money for rent. The job was traumatic on a emotionally level because I endured humiliation when my sleep spells got out of control and I was found sleeping on the stairs. Ppl would make comments and jokes about it. I was a good worker when I was awake but I could only pretend nothing was wrong for so long before I started to look like a slacker. I find that when I told employers that I had a condition I never got hired. But I just felt like my chances were better if I wasn't a liability. so I wouldn't say anything until it became a problem. At that point no one believed me and my boss explicitly said so to my face.
@@ContonniaTurnerjr I am so very sorry! Ignorance from others ends up being unkind - it happens with so many invisible conditions.
You do have a difficult case at this juncture if you are not getting that uber "robust treatment and diagnostics" that in time can prove (along with some other nonmedical evidence perhaps), combined with your age (vocational profile). But if you want to speak about specifics about your situation, even if a claim is or is not really viable now (or you need to take some pre-steps), or about occupations that you may be able to do to keep you SSD insured and earning to survive, while you have a possible goal of claim, let me know. I will try to share to you as much as I can.
Type 1 Narcoleptic here. Regarding driving: Narcolepsy sleep attacks aren't like they are portrayed for laughs in tv and movies. It is basically a wave of strong drowsiness that makea you have to nap or sleep it off. When it occurs while driving, there is time to find a safe place to pull over and deal with it. You don't have a switch that clicks on and off for sleep and awake. Be careful stating opinions on driving that could be misinterpreted by others in positions of power to take such an important component of daily life in the USA.
Hello Martha, Great point! - and thank you for sharing your experience; I am glad your disorder does not prevent you from safely driving. You are right that it is a huge privilege and painful one to lose.
For the rest who may be unaware - Like most conditions, every person has their own unique symptomology - which is why a Dx of narcolepsy, alone, does not make one disabled. The severity of impact upon functional tasks, of course, is the key. It is very sad that some folks' narcolepsy results in the heighten car accident statistics, as they may be those with the reported rapid onset, vs. the slow wave of drowsiness. I will share some links if any are interested in that, in the main description above.
Hi great info, wat about daily headache so bad called cluster headache that ssa compares it to epilepsy but then is not seizures
Invisible impairments are difficult to prove, but can be done. Not just HAVING the impairment - it is tough because many people continue to work with cluster headaches and migraine Dxs. So generally we must prove that our condition is different, it prevents one or more mandatory requirements of any job. So often with such impairments, a claimant needs to learn what those mandatory requirements are for ALL jobs, and find proof that he/she lacks the physical or mental capacity to fulfill one. It is all about the evidence. In order to build evidence, sometimes it is helpful to presume that what we claim/say will hold zero water, no weight (even though in theory it will if you already have the abundant and current, strong treatment records) so that we get a bird's eye view of what we do and don't have in terms of medical evidence. It can be a marathon, for sure.
Proof of frequency, intensity, agreed to treatments, symptoms that occur with those headaches/migraine - found in your medical record, can go a long way. I'd keep a migraine/headache journal with those details (a simple calendar with a legend. ) ua-cam.com/video/POE1DyrMqks/v-deo.html
@@AllThingsSocialSecurity well i see a neurologist for 3 years, but had never thought about a journal , i get them everyday 2-3 times a day chronically 3 years strait i would need to buy a journal every month since itd fill up so fast
@@dandelions907 Generally, we find that a small dollar store ANNUAL journal for 1.25 (no longer a dollar,lol) work well. All you need is a small square to indicate the symbol, such as M for migraine or H for headache. B - bedridden. If you are functioning with them, they probably won't be disabling themselves, but may reduce someone to unskilled work, me thinks. We don't mean a "dear Diary" kind of 'journal'.
@@AllThingsSocialSecurity i wish i knew sooner:( my hearing is comming near , i had a primary physician witness attacks. Also vommiting nd BMI under 16 from it, im hoping theyll take my neurologist word for recorded frequency. Im also young :s