Disability Benefits and the Diabetes Listing

Disability Benefits and the Diabetes Listing

by Rachel Slocombe

It is important to have a disability attorney handle your claim for disability benefits because disability attorneys understand the way claims are analyzed by a judge. Claims are decided per a five-step sequential analysis. One way a claimant can win disability benefits is on the third step of the analysis. At this step, the claimant’s disability is compared to Social Security’s listing of impairments. If the claimant’s condition rises to the level of severity described in the listings, the claimant will win. Disability attorneys work with the listings on a daily basis and understand what is necessary in order to satisfy them.

In order to be found eligible for disability benefits per Social Security’s listing for diabetes (9.08), an adult claimant must establish:

A. Neuropathy demonstrated by significant and persistent disorganization of motor function in two extremities resulting in sustained disturbance of gross and dexterous movements, or gait and station (see 11.00C); or
B. Acidosis occurring at least on the average of once every 2 months documented by appropriate blood chemical tests (pH or pC02 or bicarbonate levels); or
C. Retinitis proliferans; evaluate the visual impairment under the criteria in 2.02, 2.03, or 2.04.

Neuropathy
Neuropathy is considered disabling if it causes severe and lasting limitations in the use of the hands, arms, legs or feet. The listing uses the language “persistent disorganization of motor function.” This can be attributed to paralysis, tremor, ataxia, sensory disturbances, or any other involuntary movements. Whether or not the interference is enough to satisfy the requirements of the listing depends on the degree to which the impairment interferes with the claimant’s ability to ambulate effectively or use his/her fingers, hands and arms. Also, according to the language of the listing, two extremities must be involved.

Acidosis
The claimant must suffer from acidosis on average at least every two months, and this acidosis must be established by the chemical tests described in the listing. It is also important to note that if a claimant suffering from acidosis is not following a prescribed course of treatment in order to regulate his/her diabetes, he/she will have difficulty satisfying the listing. Well controlled diabetes is not a disabling condition, therefore, a claimant must at least try to regulate his or her condition through medical treatment. If the condition cannot be regulated in such a way despite a claimant’s best efforts to treat the condition, then the condition may rise to the level described in the listing.

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