Special Issues in MS Cases

MS has special issues in a Social Security case.  One of the largest problems we often see has to do with the onset of new symptoms.  Keep in mind, the first 2 levels of appeal (the initial application and the reconsideration) may take a year to work through the system.  By the time you get to Court, you may have been waiting eighteen months.  As you know, MS is a disease that can produce new and different symptoms with each flare-up.

If you now claim symptoms that were not identified in your initial application, the Judge may postpone your case to a later date by sending you to one or more consultative examinations (independent medical exams) with Social Security approved specialists.  This is especially true if you have developed significant depression after you have completely filled out your application.

You can actually help your case and your lawyer by keeping copies of all the forms and applications you completed for Social Security.  That way, you and your lawyer will be able to clearly see the symptoms you alleged on your most recent forms.  So in the event that you develop new symptoms (like depression, for example), you can be sure to update your case file, notify Social Security of any changes, and schedule any consultative exams early so as to avoid any last-minute delays prior to the hearing.  After potentially waiting for up to several years for a hearing, the last thing you want it a hearing postponement just because you or your lawyer failed to update your case file!