Disability Lawyer


Can I Apply for Social Security Disability if I have Cyclic Vomiting Syndrome (CVS)?

 

Can I Apply for Social Security Disability if I have Cyclic Vomiting Syndrome (CVS)?

 Applying for and receiving disability benefits depends on the severity of the medical condition.  Generally, to receive disability you must have a severe medically determinable impairment that is so severe it will result in death or it will prevent you from working for twelve-consecutive months. CVS is a medical condition that causes severe nausea and/or vomiting and the episodes or cycles can vary from hours to days.  Additionally, during the episodes or cycles, you may experience migraine headaches.  Almost all people have had the flu and experienced nausea, vomiting, and loss of energy associated with the flu.  Imagine having the flu on a frequent basis and trying to work.  Working with CVS can be difficult because of the nature and frequency of the cycles.  If the cycles last for days, it will be difficult to make it to work, let alone perform job duties at work.  In most cases, we are making the argument that CVS will prevent someone from working on a full-time basis because of excessive and unpredictable absenteeism that will not be tolerated by employers. In order to be properly diagnosed with CVS, it is in your best interest to receive a diagnosis from a specialist.  In particular with CVS, you most want to receive a diagnosis from a Gastroenterologist.  A Gastroenterologist specializes in conditions that affect the digestive system.  Keep in mind, since CVS is a unique medical condition and not well known, you want to make sure that you seek a Gastroenterologist to receive a proper diagnosis. Once you have a diagnosis of CVS, you want to document how often you have severe symptoms and cycles.  In particular, you want to document how long, how often, and the severity of your symptoms.  You can document symptoms by writing the nature and frequency of your symptoms on a calendar or you can just have a daily journal.  Regardless of how you document your symptoms, you must properly document the nature and frequency of your symptoms to the Social Security Administration (SSA). If your symptoms cause severe health problems, you should also go to the emergency room.  A single emergency room visit will document how long you have been having symptoms from CVS.  If you do not go to the emergency room or communicate the symptoms that you are having with your doctors, it can be difficult to win your disability case. Most judges want to verify the symptoms written on a calendar or daily journal with the medical records. There has to be some indication in the medical records to verify the nature and frequency of the symptoms of CVS. Furthermore, ask your specialist to write a statement or complete a medical opinion form indicating that you have a diagnosis of CVS based on objective medical findings.  Additionally, in the written statement, the specialist should verify that you have communicated with them the nature and frequency of your symptoms and note that it is their opinion that you are having the alleged symptoms. Sincerely, Michael J. Riley