September 2008


If you have a history of seizure disorders you can be found disabled by Social Security.

The most important thing is to have your doctors document the seizures. You must tell the doctor about specific times and symptoms.

If you can go the emergency room or hospital you should do so. This will help document the seizures.

You should also keep a record of when you have a seizure, how long it lasts and what happens after the seizure.

Witnesses are also important. They should keep a record of what they observe.

If you have seizures on a consistent basis, they will keep you from working and you should be found disabled. The most important factor is to prove that the seizures are happening and they are interfering with your daily activities. 

One of the major diseases is, of course, heart disease. Social Security recognizes this and provides for disability if someone has an ejection fraction of 30 percent or less and they score low on an exercise test with marked limitations on their physical activity.

 Social Security does not limit disability findings to this strict definition. You can be disabled with heart disease  without reaching this level if your symptoms are severe enough to limit your activities. 

The most important factors are to have the support of your heart doctor so that the doctor will be willing to provide the opinion that your daily activities are severely restricted due to your disease. 

Questions about heart disease and Social Security Disability or any other conditions call Attorney Dirk May at 309-827-4371 

Social Security regulations provide that you can be considered disabled when you have diabetes if you have neuropathy in two extremities resulting in sustained disturbance of movements, or if you can document acidosis on average once every 2 months.

That is not the only way you can be found disabled with diabetes. 

Many people cannot meet the listing definition above, but they are still disabled. For instance, if you have diabetes that interferes with walking and standing but does not reach the level of sustained disturbance you may still be disabled. Maybe you can only do a sit down job. This may result in a disability finding if you meet certain other age and work history requirements.

Social Security also takes into account other health problems. They could add up with the diabetes to restrict you from working full time.

If you have diabetes and would like to talk with me please call Attorney Dirk May at 309-827-4371.  

The delays from filing for Social Security Disability to hearing are discouraging, disappointing and the prospects for improvement are dismal.

In Central Illinois, which covers Peoria, Bloomington, Pontiac, Springfield and Champaign, Illinois it takes 2.5 years to 3 years to get to hearing. That is devastating when you cannot work due to your disability.

There is no easy answer.

The Social Security Commissioner recently said that the problem is partially due to Administrative Law Judges who do not do their job and decide enough cases, and partially due to not having enough judges and support staff.

First of all, in my experience the judges in the Peoria region all work hard and hear many cases. The reality is that there are many more people applying for Social Security than there is staff that can keep up with the cases.   

The upcoming election is not going to change funding or staffing to the extent it will make any difference in the delays. Sorry, to be negative.

But that does not mean we should not be contacting federal officials- Congress persons and United States Senators, and reminding them of the about the terrible delays and encouraging them to do all that is possible to bring down the case backlogs.