Over the next few days, I’m going to address a few types of cases that I’ve commonly represented and some of the pitfalls that I’ve noticed claimants having.
One of the first cases that I’ve had an interesting time with people affected with Diabetes. Typically, people who are alleging diabetes either have Insulin-Dependent or Non Insulin-Dependent.
Some people have a hard time appreciating the fact that just saying that you have ‘Diabetes’ is not going to get you a guaranteed social security check. However, Diabetes cases are not necessarily that simple:
1) Diet. You are what you eat! It’s amazing the number of times I’ve sat in a hearing and the judge will ask “Does your doctor have you on a diet? Are you following that diet?”. These situations can be really tough because on the one hand, if your doctor puts you on a strict diet and you just can’t resist eating the bad foods, you aren’t helping your case AT ALL! However, sometimes the diets that doctors put you on may be expensive to the household. Think about it. If you have a family of 4 on food stamps, the choice between buying something bad that can last 4 or 5 days versus something good for YOU that last one day can sometimes be a rough chose.
2) Exercise. In some instances, if you’re overweight, your doctor may advise you to exercise. Now, don’t get me wrong. If you have another physical impairment that prevents you from exercising, losing weight through exercise may not be possible. However, if your doctor is advising you to walk or stretch and you’re not doing any of those things, it doesn’t help your case.
3) Medication. Social Security can be rough on those people who believe that they should take their medicine ONLY when they think they should take their medicine. I can’t tell you the amount of times people will selectively choose not to take their medications. The unfortunate thing is the people who can’t afford to purchase their medicine so this puts them in a very tough position.
4) Compliance and the medical doctor. The phrase is called “Non-Compliance” and it is a killer for diabetes cases. When you go to your doctor and he’s advised that you lose weight or change your diet or stay on your meds and your Blood Sugar is still high or “uncontrolled”, typically the doctor is going to make one of two choices. One, despite you following his treatment regime, your diabetes is still problematic. Two, you may not be doing what he wants you to do specifically, therefore you are NOT COMPLYING with his instruction. In other words, you are “NON Compliant!”. It’s hard to explain “non compliance” if you are not doing what you’re supposed to be doing.
Diabetes cases are notoriously tough. Even if you have the tingling in your extremities (neuropathy), fatigue, or blurring / scratchy vision (retinopathy), if the medical records reveal that you are not doing what you are supposed to be doing, you may be in serious trouble of proving your case.
My philosophy has always been, “Do what your doctors tell you EXACTLY and you shouldn’t go wrong.”
TOMORROW’s CASE: EPILEPSY
