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New Rules for Diabetes and Disability

Many people in America have been diagnosed with diabetes, and now many people find the side effects of their diabetes is preventing them from being able to work in a full-time setting. Most of the diabetes cases the disability attorneys at Hoglund Law handle involve people with peripheral neuropathy and diabetic retinopathy, because of their diabetes. Fortunately, the Social Security Administration is aware of this epidemic and they have recently updated the way they evaluate cases involving diabetes. In June 2014, SSR 14-2p was released, which makes it easier for claimants and representatives to evaluate whether the medical conditions will find them eligible for disability.

Like any Social Security disability case, you need to prove that you are no longer able to work any full-time job due to your impairments. This means that you are either so physically or mentally limited by the symptoms of your condition that you cannot maintain working full-time, 40 hours per week or more. With this new ruling, Social Security points to some specific symptoms of diabetes. They highlight complications such as diabetic retinopathy, cardiovascular issues such as coronary artery disease or peripheral artery disease, kidney disease, and nerve damage, or neuropathy. They also consider symptoms of chronic low blood sugar, such as weakness, sweating, trembling, palpitations, and difficulty concentrating. Applying for disability with diabetes requires documentation from your physician of your blood sugar readings, of the symptoms you experience, and your medication regimen as well.

If your diabetes causes a major effect on one of your body systems, like kidney disease or neuropathy, Social Security may be able to find you disabled on the basis of the severely decreased functioning of just that body system. For example, if you are unable to walk without needing the use of a walker or crutches because of neuropathy in your feet, that may be sufficient to find you disabled. Similarly, if your diabetes has had such a severe effect on your kidneys that you require dialysis, they may find you disabled.

Social Security will evaluate what an impact your diabetes has had on your total body, and how it affects your daily functioning if they can’t find it has had a severe impact on one body system. They then determine whether the total impairments would prevent you from doing any of your previous work, and then they need to find if there is other work you would be able to do with your impairments.

If you find that the side effects interfere with your ability to work full-time, call the disability attorneys at Hoglund Law. We can evaluate your case to see if you may be eligible for disability benefits from Social Security.

Written by Hoglund Law

The attorneys of Hoglund law are licensed in Minnesota, Wisconsin and Ohio. Hoglund, Chwialkowski & Mrozik, PLLC is based in Roseville, Minnesota. In addition to handling cases involving bankruptcy & social security, Hoglund, Chwialkowski & Mrozik, PLLC handles faulty drugs and toxic exposure.

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Beating Type 2 diabetes may be just that simple

In an astounding study presented at Chicago’s Radiological Society of North America, a team from the Leiden University Medical Center found that Type 2 diabetes can be eliminated in patients in just four months.  What is the cure for Type 2 diabetes?  The answer to that question is simpler than you might think.  A low-calorie diet has shown effectively to cure Type 2 diabetes in just four months.

The Leiden University Medical Center in the Netherlands conducted a study that included seven men and eight women with Type 2 diabetes.  Each subject consumed just 500 calories a day for four months.  At the end of the study, the low-calorie diet effectively eliminated insulin dependence and reduced the amounts of dangerous fats around the heart in all 15 of the patients.  “It is striking to see how a relatively simple intervention of a very low-calorie diet effectively cures Type 2 diabetes,” said lead researcher Sebastian Hammer.

This extreme dieting may have long lasting effects as well.  In a similar study conducted by Newcastle University in the United Kingdom, many patients in the study remained disease free even several months after completing the program and returning to a normal diet.  Although the results of these tests are very promising, doctors warn that this type of therapy is not for everyone, and patients should consult with their doctors before beginning this type of reduced-calorie diet.

 

Source:

Yahoo! News, Reduced-calorie diet could beat diabetes in four months, https://news.yahoo.com/reduced-calorie-diet-could-beat-diabetes-four-months-164141607.html (accessed 12/6/2011)

 

Written by Hoglund Law

The attorneys of Hoglund law are licensed in Minnesota, Wisconsin and Ohio. Hoglund, Chwialkowski & Mrozik, PLLC is based in Roseville, Minnesota. In addition to handling cases involving bankruptcy & social security, Hoglund, Chwialkowski & Mrozik, PLLC handles faulty drugs and toxic exposure.

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Nigh shift workers are at greater risk for Type 2 diabetes

In a two decade long study, 177,184 women between the ages of 42 and 67 were followed as part of the Nurse’s Health Study.  One of the remarkable findings of the study was the increased likelihood of developing type-2 diabetes as the result of periodic night shift work.  Nurses who worked periodic night shifts for three years or less were 20% more likely to develop type-2 diabetes than those who only worked days.   Those who worked periodic night shifts for at least 20 years were at even greater risk for developing type-2 diabetes at the rate of 60% more likely than those who only worked days.

Doctor Frank Hu, a professor of nutrition and epidemiology at the Harvard School of Public Health notes that although the increased risk is not huge, it is still substantial enough considering one-fifth of the workforce has some rotating night shift work.  The increased risk is not attributable solely to the hours you work but may result from the side affects that are associated with periodic night shift work.  Doctor Hu contends, “Irregular work hours tend to disrupt the body’s circadian rhythms (also known as the “body clock”), which play a critical role in maintaining healthy blood-sugar metabolism and energy balance.”  This internal clock influences our ability to metabolize certain foods at certain times.  Thus if you go on a late night raid of the refrigerator, the enzymes needed to turn high-fat foods into energy may not be alert enough to handle the barrage, and result in those calories ending up as fat rather than fuel.

David Earnest, Ph.D., states that, “In the past 25 years, we’ve focused a lot on lifestyle issues such as maintaining a healthy diet and avoiding a sedentary lifestyle. But regardless of whether you’re a shift worker or not, that may not be enough to avoid these health issues.”  The study is not conclusive as to how much night shift work affects the risk of type-2 diabetes, but there is considerable evidence that periodic night shift work shows some increased risk of type-2 diabetes.  There are a combination of factors at play including family history, diet, weight, smoking, and exercise.  Now periodic night shift work may be another factor to add to that list.

 

 

Source:

Amanda Gardner, Night shift work may raise diabetes risk, https://www.cnn.com/2011/12/06/health/night-shifts-diabetes-link/index.html?hpt=hp_t2 (accessed 12/8/2011)

Nigh shift workers are at greater risk for Type 2 diabetes

In a two decade long study, 177,184 women between the ages of 42 and 67 were followed as part of the Nurse’s Health Study.  One of the remarkable findings of the study was the increased likelihood of developing type-2 diabetes as the result of periodic night shift work.  Nurses who worked periodic night shifts for three years or less were 20% more likely to develop type-2 diabetes than those who only worked days.   Those who worked periodic night shifts for at least 20 years were at even greater risk for developing type-2 diabetes at the rate of 60% more likely than those who only worked days.

Doctor Frank Hu, a professor of nutrition and epidemiology at the Harvard School of Public Health notes that although the increased risk is not huge, it is still substantial enough considering one-fifth of the workforce has some rotating night shift work.  The increased risk is not attributable solely to the hours you work but may result from the side affects that are associated with periodic night shift work.  Doctor Hu contends, “Irregular work hours tend to disrupt the body’s circadian rhythms (also known as the “body clock”), which play a critical role in maintaining healthy blood-sugar metabolism and energy balance.”  This internal clock influences our ability to metabolize certain foods at certain times.  Thus if you go on a late night raid of the refrigerator, the enzymes needed to turn high-fat foods into energy may not be alert enough to handle the barrage, and result in those calories ending up as fat rather than fuel.

David Earnest, Ph.D., states that, “In the past 25 years, we’ve focused a lot on lifestyle issues such as maintaining a healthy diet and avoiding a sedentary lifestyle. But regardless of whether you’re a shift worker or not, that may not be enough to avoid these health issues.”  The study is not conclusive as to how much night shift work affects the risk of type-2 diabetes, but there is considerable evidence that periodic night shift work shows some increased risk of type-2 diabetes.  There are a combination of factors at play including family history, diet, weight, smoking, and exercise.  Now periodic night shift work may be another factor to add to that list.

 

 

Source:

Amanda Gardner, Night shift work may raise diabetes risk, https://www.cnn.com/2011/12/06/health/night-shifts-diabetes-link/index.html?hpt=hp_t2 (accessed 12/8/2011)

 

 

Written by Hoglund Law

The attorneys of Hoglund law are licensed in Minnesota, Wisconsin and Ohio. Hoglund, Chwialkowski & Mrozik, PLLC is based in Roseville, Minnesota. In addition to handling cases involving bankruptcy & social security, Hoglund, Chwialkowski & Mrozik, PLLC handles faulty drugs and toxic exposure.

View all author posts →

Top 6 Client Questions about Getting Social Security Disability Benefits for Diabetes

1.  How do I prove that I am disabled due to diabetes?

Diabetes can be a very serious disease with multiple complications.  As with any claim for social security disability benefits, it is imperative that you treat regularly with a doctor, and follow their recommendations.  Lab reports are going to be important to show fluctuating blood sugar levels despite a regular course of treatment.  It is also essential that your symptoms are documented within your medical records.  Try to be as specific as possible when discussing your symptoms with your doctor.  For example, if you suffer from numbness in your hands and feet, tell your doctor exactly what activities are affected –such as using a computer, picking up change, or standing for extended periods of time.

Your medical diagnoses and treatment will be analyzed in conjunction with Social Security’s regulations which are called “Listings of Impairments.”  The primary listing for diabetes is Endocrine listing 9.08:

 

9.08 Diabetes mellitus. With:

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.

* In order to be approved for benefits, you must prove at least one of the above requirements.*

2.  What is neuropathy and how do I prove it?

Neuropathy is nerve damage.  Symptoms may include muscle weakness, cramping, spasms, tingling, numbness, and pain.  To meet the listing based on neuropathy, the claimant must show that at least two of his or her extremities (arms or legs) have such nerve damage that he or she has difficulty using them due to pain, numbness, etc.  An individual’s ability to stand and walk will be analyzed, as well as balance and coordination.

If you have been experiencing numbness, weakness, and pain and have not been diagnosed with neuropathy, it is extremely important that you bring this to your doctor’s attention.  Specific testing needs to be conducted to confirm the diagnosis.

3.  What is acidosis and how does Social Security view it?

Acidosis is defined as excess acid in the body fluids.  Diabetic ketoacidosis (DKA) is a potentially life-threatening complication in patients with diabetes mellitus, resulting from a shortage of insulin.  It may occur due to illness, poor compliance with insulin therapy, or other reasons.  Symptoms may include vomiting, dehydration, difficulty breathing, confusion, and coma.  Without proper treatment, diabetic ketoacidosis can lead to death.  Again, an individual must do their best to follow prescribed treatment for diabetes in order to be found disabled.

4.  What is retinitis proliferans and when might this allow an approval for benefits?

Retinitis proliferans is inflammation of the retina.  Diabetic retinopathy is analyzed under the third sub-section of the Diabetes Mellitus listing.  Social Security will evaluate a person’s vision difficulties under the following listings:

  • Loss of Visual Acuity (2.02)
  • Contraction of the Visual Fields in the Better Eye (2.03)
  • Loss of Visual Efficiency (2.04)

A person meets this listing if their vision after correction in the best eye is 20/200 or less, or other technical requirements involving their peripheral vision and loss of visual efficiency.

5.  What if my symptoms from diabetes do not meet Social Security’s Listing of Impairments?

 If your diabetes does not meet or equal Social Security’s criteria under the listings, your symptoms may still cause significant functional limitations which may prove you are unable to work.  An individual may have difficulty walking, standing, or may need to elevate their legs throughout the day.  Numbness in one’s hands may prove difficulty with tasks such as writing, typing, and using small objects.  Vision problems may prevent an individual from reading, using a computer, using small objects, or avoiding hazards in a work environment.  The functional limitations in combination may be enough to prove that no work would exist in the national economy for this individual.

6.  I received my first denial in the mail.  Now what?

Most claims are denied at the initial and reconsideration levels.  It is important not to give up, follow the appeal timelines, and being fully prepared at the time of a disability hearing.  Having representation and medical record documentation will make for the best chance of success.  If you have not hired a lawyer, you should get legal advice about your particular situation.  If you wish to call us about legal help with your Social Security disability claim, you can reach us toll-free at:   1-800-850-7867 or through HoglundLaw.com.

Laura Ross, Esq.

→ For a free Hoglund Lawyer Guide to Social Security Hearings, click here:  Free Guide

© 2010, Hoglund Law Offices.  Reprint with written permission.

Written by Hoglund Law

The attorneys of Hoglund law are licensed in Minnesota, Wisconsin and Ohio. Hoglund, Chwialkowski & Mrozik, PLLC is based in Roseville, Minnesota. In addition to handling cases involving bankruptcy & social security, Hoglund, Chwialkowski & Mrozik, PLLC handles faulty drugs and toxic exposure.

View all author posts →