Getting Disability for Multiple Sclerosis

Multiple sclerosis (MS) is a chronic autoimmune disease that affects the central nervous system, causing a wide range of debilitating symptoms that can make working impossible. For Washington residents living with MS, Social Security Disability Insurance (SSDI) benefits can provide crucial financial support when the disease prevents gainful employment. Understanding how the Social Security Administration (SSA) evaluates MS claims is essential for securing the benefits you deserve.

How the SSA Evaluates Multiple Sclerosis Claims

The Social Security Administration maintains a detailed listing of impairments, commonly known as the Blue Book, which includes specific criteria for qualifying conditions. Multiple sclerosis is listed under Section 11.09 of the neurological disorders category. To qualify under this listing, you must demonstrate that your MS causes specific, measurable limitations despite adherence to prescribed treatment for at least three consecutive months.

The SSA recognizes several qualifying manifestations of MS, including:

• Disorganization of motor function in two extremities, resulting in an extreme limitation in standing up from a seated position, balancing while standing or walking, or using your upper extremities
• Marked limitation in physical functioning combined with marked limitation in at least one of the following areas: understanding, remembering, or applying information; interacting with others; concentrating, persisting, or maintaining pace; or adapting or managing oneself
• Marked limitation in understanding, remembering, or applying information; interacting with others; concentrating, persisting, or maintaining pace; or adapting or managing oneself

Medical documentation is critical to proving these limitations. Your treating neurologist's records, MRI scans showing lesions on the brain or spinal cord, notes documenting relapses and remissions, and objective test results all strengthen your claim. Washington residents have access to excellent medical facilities, including MS specialty centers at the University of Washington Medical Center and Swedish Medical Center, where comprehensive documentation can be obtained.

Proving Your MS Prevents You From Working

Even if your MS symptoms do not precisely match the Blue Book listing, you may still qualify for SSDI through a medical-vocational allowance. This approach requires demonstrating that your MS symptoms prevent you from performing any substantial gainful activity, considering your age, education, work history, and transferable skills.

Common MS symptoms that impact work capacity include:

• Extreme fatigue that makes maintaining a regular work schedule impossible
• Vision problems, including optic neuritis, double vision, or partial blindness
• Cognitive impairments affecting memory, concentration, problem-solving, and processing speed
• Mobility issues, weakness, spasticity, or loss of coordination
• Bladder and bowel dysfunction requiring frequent, unpredictable bathroom access
• Pain, numbness, or tingling in extremities
• Heat sensitivity that causes symptom flares
• Vertigo and balance problems increasing fall risk

Washington employers are generally accommodating, but MS symptoms can be so unpredictable and severe that no reasonable accommodation allows for consistent work performance. Your claim should include detailed testimony from yourself, family members, and former employers about how MS symptoms specifically interfere with work tasks and attendance.

The Application Process in Washington

Washington residents can apply for SSDI online through the SSA website, by phone at 1-800-772-1213, or at local Social Security offices in Seattle, Spokane, Tacoma, Vancouver, and other cities throughout the state. The application requires extensive information about your medical treatment, work history, daily activities, and how MS affects your functioning.

The initial application denial rate for MS claims is unfortunately high, with many meritorious claims rejected during the first review. This often happens because the SSA's initial reviewers fail to fully appreciate the fluctuating nature of MS or do not properly consider the cumulative impact of multiple symptoms. Do not be discouraged if your initial application is denied.

If denied initially, you have 60 days to file a Request for Reconsideration. If that reconsideration is also denied, the next step is requesting a hearing before an Administrative Law Judge (ALJ). ALJ hearings in Washington are held at locations including Seattle, Tacoma, Spokane, and Bellingham, or via video conference. Statistically, claimants represented by experienced disability attorneys have significantly higher success rates at the hearing level.

Strengthening Your MS Disability Claim

To maximize your chances of approval, take proactive steps to build a strong claim from the beginning. Maintain regular treatment with your neurologist, even during periods when your symptoms are relatively controlled. Gaps in treatment often result in claim denials, as the SSA may argue that your MS is not as severe as alleged.

Keep detailed personal records documenting your symptoms, including a daily journal noting fatigue levels, pain, cognitive difficulties, mobility problems, and how these symptoms affect your activities. This contemporaneous documentation provides powerful evidence of your limitations.

Ensure your treating physicians understand the severity of your condition and how it affects your work capacity. Many doctors focus on clinical findings but do not adequately document functional limitations in their notes. Consider asking your neurologist to complete a functional capacity evaluation or medical source statement specifically addressing your ability to sit, stand, walk, lift, carry, concentrate, and maintain regular attendance.

Washington's disability determination services will also consider evidence from other healthcare providers who treat MS-related complications, such as physical therapists, occupational therapists, urologists, ophthalmologists, and mental health professionals. Comprehensive medical evidence from multiple sources creates a complete picture of your limitations.

Working With a Disability Attorney

Multiple sclerosis cases can be medically complex, and the disability application process involves substantial legal and procedural requirements. An experienced disability attorney understands how to present MS evidence in the most persuasive manner, knows which medical tests and documentation the SSA requires, and can effectively cross-examine vocational experts who testify about available jobs.

Disability attorneys typically work on contingency, meaning they only receive payment if your claim is successful. The fee is capped at 25% of past-due benefits or $7,200, whichever is less, and comes from your back pay rather than requiring upfront payment. Given the substantially higher approval rates for represented claimants, legal representation is often the difference between approval and denial.

Washington residents dealing with MS face unique challenges, from the state's rainy climate that may affect mood and symptoms to the physical demands of navigating Seattle's steep hills or rural areas with limited public transportation. An attorney familiar with Washington-specific factors can incorporate these considerations into your claim presentation.

Need Help? If you have questions about your case, call or text 833-657-4812 for a free consultation with an experienced attorney.

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