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March 25, 2010

How to Argue for Disability When Your Medical Condition Produces Good Days and Bad Days

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I received the following condition from a young lady named Sarah, who is living with a blood disorder called Diamond Blackfan Anemia.  This condition requires blood transfusions about every three weeks and results in good days and bad days over the course of a month.

She writes:  I have Diamond Blackfan Anemia, which is a bone marrow failure condition that requires chronic blood transfusions as my blood levels continue to drop each day.  Additionally I am on many medications for other complications from this condition.  I am 30 years old and have always worked, but it is now getting to the point where I can no longer do so.  My doctors have recommended I apply for SSDI and not work anymore.  My boss has cut my hours and I begin the process soon.

I am concerned about the kinds of questions I will be asked: "How far can you walk?" "How long can you sit?", etc.  The truth is, right after I have a transfusion, it's not a problem at all.  I am even able to exercise during those days.  But I get transfusions every three weeks.  In the 10 days or so before a blood transfusion, I can't do much of anything.  I miss work frequently due to fatigue.  The transfusions themselves take a day or two to recover.  My question is, how do I answer these questions without hurting my chances of getting on disability?

I think that this question is relevant to any number of conditions that produced "good days" and "bad days."  I think that the best strategy is to discuss the limitations that arise from your condition as they would affect your performance of work functions over the course of a month.   For example, in this case, Sarah might say "my condition requires me to obtain a blood transfusion approximately every 3 weeks.  Immediately after the transfusion I feel fairly good and I have sufficient energy to perform my job duties.  But by the end of the 2nd week after my transfusion, my energy level drops dramatically, I become extremely fatigued and I have a difficult time concentrating or getting through a workday without taking numerous unscheduled breaks.

In this particular case, Sarah should also reference Listing 7.02, which provides that a person who requires a blood transfusion once every 2 months or more often would qualify for disability on the medical record alone.

Tags: anemia and disability, DBA and disability, Diamond Blackfan Anemia, good days and bad days, Listing 7.02, meeting a listing, proving disability

Filed under Diamond Blackfan Anemia, Functional capacity argument, Listing argument, Specific Medical Issues, Wining Case Arguments by Jonathan Ginsberg #

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Jonathan Ginsberg

Faculty @ SPU

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