Hi. This is Jonathan Ginsberg. I would like to talk to you today about how I approach Social Security disability cases involving Type II diabetes. Type II is the typically adult onset diabetes. It is not juvenile or Type I diabetes. That’s really a separate type of category but Type II diabetes. Of course, we’re seeing a lot of that because of diet, obesity, that type of thing, and so a lot of people have it. Of course, since diabetes is fairly common judges see it a lot. So in turn they expect more from.
Claimants with diabetes. So really what I’m looking for in a diabetes case or what I think helps win would be several things. One is you should definitely be compliant with your medication. Ideally, you’d be on insulin. It’s much more difficult to win a case when you’re on the blood sugar pills without something else. So typically for a diabetes only case I’m looking for an insulin dependent diabetic. Someone who is compliant with taking the insulin. It’s not good enough to say anymore I can’t afford my medication and so I don’t take it.
All the time or I don’t like the way I feel. You’ve got to take the medications on time. You’ve got to be compliant with who put the diet. Typically in a Type II diabetes case, your doctor will give you a diabetic diet. American Diabetes Association Diet will restrict your calories and limit your sugar and simple carbohydrate intake. Very important to be compliant with that. If I see in a medical record that my client is not compliant, that he or she is drinking alcohol or is not compliant with the.
Social Security Disability and Type II Diabetes
Diet, that makes it much more difficult to win. I think judges are looking for cases where there is neuropathy which is pain in the nerve. Typically, that is that numbness and tingling you’ll feel in your hands or your feet andor blurred vision which is the retinopathy where the vision is being affected. The capillaries in the eye are being damaged by the blood sugar fluctuations. We’re also looking for situations where diabetes has been longlasting. 10 years, 15 years because as you know diabetes is a progressive disease and.
The damage from the blood sugar fluctuations tends to accumulate. So if you’ve been diabetic for four or five years unless you really didn’t know, you were not compliant, didn’t have medications and had a lot of damage very quickly, judges typically are looking for cases where somebody had diabetes for a number of years. I think some of the other things that judges look for and I’ve won cases with, people who need to take frequent bathroom breaks. Obviously, diabetes causes a frequent need to urinate, having a lot of bathroom breaks in excess of what is normal which might be.
Twice a day. That can be a real problem in a work environment, especially in an unskilled work environment. So that’s one of the things that I ask my clients to keep track of. Variations and wild swings in blood sugar. I’ve had people tell me that low blood sugar is actually more debilitating than high blood sugar because it causes confusion and it’s more difficult to recover from. So if your blood sugar fluctuates and you cannot keep it at a certain level, that’s probably a stronger argument than one where the level is a little bit high. It’s may.
Be a 150 blood sugar 125, but it’s worse when it goes from 40 or 60 to 300 and back and forth and so forth. So that’s what I look for. Realize that judges see diabetes as sort of a longterm controllable illness that if you take your medications and watch your diet, it’s something you should be able to live with and it doesn’t necessarily mean you’re disabled. So what we’re really looking for are cases where there has been organ damage especially liver, kidney, that type of thing. There is.
Retinopathy, blurred vision that is not really correctable with glasses, neuropathy that you can’t feel your feet. Maybe you have situations where you’ve broken a toe because you can’t feel your feet. Things like that. So despite everything you’re doing to help yourself, the symptoms are just becoming too intrusive. It makes it difficult to perform work because of the constant pain or because of difficulty in mobility and that sort of thing. So that’s what judges are looking for in diabetes cases currently. So again I would urge you to keep good records of your symptoms. Keep a.