Facts about Osteogenesis Imperfecta and Filing for DisabilityThese selected pages answer some of the most basic, but also some of the most important, questions for individuals who are considering filing a claim for disability benefits. Facts about the condition 1. Osteogenesis imperfecta is a condition in which bones easily break due to an abnormality in the collagen required for bone strength. 2. Osteogenesis imperfecta is a hereditary condition, meaning parents pass on the gene mutation responsible for the abnormality. In most cases, there needs to be only one copy of the gene for the condition to be present (dominate genetic defect). 3. In some cases, both copies of the gene must be passed to the child in order for the individual to develop the condition (recessive genetic defect). 4. There are eight types of osteogenesis imperfecta that have been identified. 5. Type 1 is the most common. It also has the mildest symptoms, with bones that break easily in early childhood and possible hearing loss in early adulthood. The individual has normal stature with minimal or no bone deformity, but loose joints and weakened muscles, and possibly a curved spine. The whites of the eyes are often tinted blue, purple or gray and the face is typically triangular in shape. 6. Type III includes easily broken bones starting at or before birth, short stature with significant bone deformity as well as loose joints and weak muscles, a curved spine, triangular face shape, and barrel rib cage. The whites of the eyes are tinted, as in Type 1. Respiratory problems and hearing loss are possible. 7. Type IV has traits combined in Type I and III, and has moderate severity of symptoms. 8. Type II is the most severe. Underdeveloped lungs, many broken bones and severe bone deformity are all present at birth, often leading to death shortly after birth. 9. The genetic mutations responsible for Types V and VI have not been identified, but they are not caused by the same mutations as Types I-IV. Both types are similar to Type IV, but also have specific bone structure differences. Only eight people have been identified with Type VI. 10. Types VII and VIII are recessive forms of the condition. Type VII in some cases is similar to Type IV, but involves specific bone deformities in the arms and legs. Type VIII is usually as fatal as Type II, and Type VII can be as well. Qualifying for disability benefits with this condition Whether or not you qualify for disability and, as a result, are approved for disability benefits will depend entirely on the information obtained from your medical records. This includes whatever statements and treatment notes that may have been obtained from your treating physician (a doctor who has a history of treating your condition and is, therefore, qualified to comment as to your condition and prognosis). It also includes discharge summaries from hospital stays, reports of imaging studies (such as xrays, MRIs, and CT scans) and lab panels (i.e. bloodwork) as well as reports from physical therapy. In many disability claims, it may also include the results of a report issued by an independent physician who examines you at the request of the Social Security Administration.
Qualifying for SSD or SSI benefits will also depend on the information obtained from your vocational, or work, history if you are an adult, or academic records if you are a minor-age child. In the case of adults, your work history information will allow a disability examiner (examiners make decisions at the initial claim and reconsideration appeal levels, but not at the hearing level where a judges decides the outcome of the case) to A) classify your past work, B) determine the physical and mental demands of your past work, C) decide if you can go back to a past job, and D) whether or not you have the ability to switch to some type of other work. The important thing to keep in mind is that the social security administration does not award benefits based on simply having a condition, but, instead, will base an approval or denial on the extent to which a condition causes functional limitations. Functional limitations can be great enough to make work activity not possible (or, for a child, make it impossible to engage in age-appropriate activities).
Why are so many disability cases lost at the disability application and reconsideration appeal levels? There are several reasons but here are just two: 1) Social Security makes no attempt to obtain a statement from a claimant's treating physician. By contrast, at the hearing level, a claimant's disability attorney or disability representative will generally obtain and present this type of statement to a judge. Note: it is not enough for a doctor to simply state that their patient is disabled. To satisy Social Security's requirements, the physician must list in what ways and to what extent the individual is functionally limited. For this reason, many representatives and attorneys request that the physician fill out and sign a specialized medical source statement that captures the correct information. Solid Supporting statements from physicians easily make the difference between winning or losing a disability case at the hearing level. 2) Prior to the hearing level, a claimant will not have the opportunity to explain how their condition limits them, nor will their attorney or representative have the opportunity to make a presentation based on the evidence of the case. This is because at the initial levels of the disability system, a disability examiner decides the case without meeting the claimant. The examiner may contact the claimant to gather information on activities of daily living and with regard to medical treatment or past jobs, but usually nothing more. At the hearing level, however, presenting an argument for approval based on medical evidence that has been obtained and submitted is exactly what happens. About the Author: Tim Moore is a former Social Security Disability Examiner in North Carolina, has been interviewed by the NY Times and the LA Times on the disability system, and is an Accredited Disability Representative (ADR) in North Carolina. For assistance on a disability application or Appeal in NC, click here. Most popular topics on SSDRC.com Social Security Disability in North Carolina Common Mistakes to avoid after being denied for Disability Tips to Prepare for Filing for Social Security Disability or SSI Advice to Win SSD and SSI Benefit Claims Social Security Disability SSI Questions What is the difference between Social Security Disability and SSI? How to get disability for depression Getting disability for fibromyalgia SSI disability for children with ADHD What is the Application Process for Social Security Disability and SSI? Social Security Disability SSI Exam tips More Social Security Disability SSI Questions What makes you eligible for Social Security Disability or SSI? Related Body System Impairments: Frozen Shoulder and Filing for Disability Rotator Cuff Injury and Filing for Disability Plantar Fasciitis and Filing for Disability Hip replacement surgery and Filing for Disability Total Hip Replacement and Filing for Disability Hypermobility and Filing for Disability Foot Drop and Filing for Disability ACL injury and Filing for Disability Post Polio Syndrome and Filing for Disability Osteoporosis and Filing for Disability Osteomyelitis and Filing for Disability Osteogenesis Imperfecta and Filing for Disability Marfan Syndrome and Filing for Disability Muscular Dystrophy and Filing for Disability Avascular Necrosis and Filing for Disability How much will it cost to hire a disability attorney in Pennsylvania? Why does it take so long to get a decision on a disability case in Pennsylvania? |
