MenieresInfo.com Blog

http://www.menieresinfo.com/blog

Friday, September 14, 2007, 6:06 pm

You Don’t Look Disabled

Adding to the many difficulties endured by those with Meniere’s Disease is the problem of people not believing us because we don’t “look” disabled. Oftentimes they say just that: “You don’t look disabled.” Translated: “Hell, you don’t look disabled to me, you lazy, faking, no-good, bloodsucking, thief-of-my-tax-money!” Read about this phenomenon in this article written by Hank Atkins, who suffers from frequent random attacks of vertigo and who is struggling with diagnosis and disability issues.

Thursday, February 15, 2007, 10:00 am

What Can I Do About Medi-Cal (Medicaid)?

[Updated March 3, 2007]
[Revised February 24, 2007]
[Revised February 17, 2007]

Question

For almost twenty years, I have had all the symptoms of Meniere’s Disease, including “brain fog.”  All the while, my doctors said my tests were fine and so I must be fine, and that my symptoms must be manifestations of stress.  (Or else I was just plain nuts.)

Finally, the symptoms got so bad that I could not do my job and I went back to the doctor and was told that I “may” have Meniere’s Disease. He said there was nothing he could do, and I should see some other doctor.  Without a job, my only health care resource was Medi-Cal, which is what Medicaid is called in California.  However, it was almost impossible to find another doctor in my area who accepted Medi-Cal’s low payments.  It took a lot of work to eventually find one more doctor in my area who would take Medi-Cal.  He prescribed meclizine hydrochloride (Antivert), in case I had Meniere’s Disease, but the Antivert was not helpful to me.  I’ve had more tests done, including X-rays, blood tests, etc.  I had an MRI scan, but it turned out to be wrong because it was not conducted with “contrast.”  I waited a long time to be rescheduled for an MRI scan with contrast.  I later found out that Medi-Cal twice turned down the second MRI scan, but my doctor “forgot” to tell me.  Then I applied for a third time, and I was just recently turned down for a third time.  Each request for approval of an MRI somehow takes Medi-Cal four months to process (and reject).

It’s now been two years since I went back to the doctor, and I have gotten nowhere. My doctor told me, “You are a Medi-Cal patient. I make thirteen cents on the dollar to see you. You are just not a priority when you are getting treatment under Medi-Cal.” 

I have been denied disability benefits twice, due to not being “disabled enough to prevent me from doing my former occupation,” regardless of the fact that my symptoms are now constant and are keeping me from getting any kind of job.  My Medi-Cal disability physical examination lasted about four minutes and was so brief that I was not at all surprised to hear that the doctor judged me to be in “good health.” I have been told that the only way to get state disability insurance approved is to hire a lawyer. A lawyer told me that I need to have a doctor sign a form saying I am disabled.  However, even with the history above, it seems that no doctor who accepts Medi-Cal is brave enough to actually put in writing to Medi-Cal what the doctor tells me in person. Without a doctor willing to sign this form, I will eventually lose my home and all I own. Not to mention that I still do not know what is wrong with me, since Meniere’s Disease is still only a speculation.

Do you have any ideas?

Answer

Health care in the U.S. leaves a lot to be desired.  It can be good for those who are well-insured and who have a visible and measurable disorder, like a tumor or even HIV.  It really sucks for both the insured and uninsured who, like us, have invisible illnesses.  Invisible illnesses always bring out the worst in bosses, friends, relatives, and doctors, who suspect us of being shirkers or of being “just plain nuts.”

It can be very difficult for anyone to find a local doctor who knows anything about Meniere’s Disease, let alone a local doctor who knows anything about Meniere’s Disease AND who accepts Medicaid (or, as in your case, living in California, Medi-Cal).  Patients often attach undue importance to the proximity of a doctor.  Our perspective is that proximity alone should not be a factor.  Of course, money is always a factor and that translates into proximity, but that is a different issue.  Even without the Medicaid/Medi-Cal problem, it may be necessary for some patients to travel, even out of state, to get a proper diagnosis and treatment plan. A local doctor can then oversee the treatment plan.  (Click here.)

It is hard to sort out our feelings about the doctors you have seen.  On one hand, candor is a virtue.  On the other hand, so is compassion.  It is tempting to say that a doctor who expresses the 13 cents on the dollar crap and who tells you that you are just not a priority simply shouldn’t be taking Medi-Cal patients.  On the other hand, thank goodness that the doctor does take Medi-Cal patients.  We think that doctors should be able to recoup lost wages, tuition, and expenses while they attended college and medical school.  We are fine with doctors who choose to become wealthy in our democratic capitalist society.  We would just hope that some doctors are actually motivated to help people, even people who are constrained by Medi-Cal and Medicaid, and can actually respect poor patients as well as rich patients.

Your logic seems to be:  (1) You have not been diagnosed.  (2) Since you have not been diagnosed, you have not been treated for a diagnosed disorder or condition.  (3) You have been prescribed one form of treatment for Meniere’s Disease, Antivert, which was not helpful.  (4) You are unable to get the treatment that you deserve because of the failings of Medi-Cal.  (5) You have become disabled due to your symptoms (which may or may not be Meniere’s Disease), which are untreated because you are unable to get treatment through Medi-Cal.  (6) You believe that the only choice you have left is to draw disability benefits (although you would rather be treated and working as you were before your symptoms overwhelmed you), and you are looking for a doctor who will risk the wrath of Medi-Cal (or whomever — we have no knowledge of “Medi-Cal disability” — see below) by truthfully reporting in writing your disability.  In short, you have given up all hope of getting the diagnosis and treatment that you need and that you deserve, all because of the failings of Medi-Cal.  All of this is quite understandable.

However, our logic runs this way:  (1) You have not been diagnosed.  (2) You may or may not have Meniere’s disease.  (3) You need a diagnosis.  (4)  If you have something that is not Meniere’s Disease, you need to be treated for that disorder or condition and become able to return to your former occupation or some other occupation, if possible.  (5) If you have Meniere’s Disease, although Meniere’s Disease is incurable, there are MANY possible treatments for Meniere’s Disease, of which you have experienced but one.  (6) If you have Meniere’s Disease, you need to experience, through (unfortunately) trial and error, the various treatments to see which treatment, or combination of treatments, may work best for you and return you to your former occupation or some other occupation, if possible.  (7) If you have Meniere’s Disease and it turns out to be intractable (untreatable) and you remain disabled, then you need to have a specialized doctor who is well-acquainted with Meniere’s Disease who can substantiate your disability without fear of reprisal from Medi-Cal (or whomever — we have no knowledge of “Medi-Cal disability” — see below).  (8) In order to accomplish all of this, you must first somehow find a way to get the treatment that you deserve under Medi-Cal, including the MRI scan with contrast that is necessary to further a differential diagnosis of your symptoms.  In short, we encourage you to persist in finding a way, even an imperfect way, of getting the diagnosis that you deserve and the treatment that you deserve.  Easy for us to say, we know.  You have been down many dead end roads and you have earned the right to be discouraged.  That said, we who are not doctors and we who are no smarter than you still want to try to figure out a way for you to succeed.  Please forgive us.
 
Many disorders and conditions can produce the symptoms you describe.  (Click here.)  As you no doubt already know, you need a “differential diagnosis” to determine which one of the many disorders and conditions is the reason for YOUR symptoms.  (Click here.)  There is no test for Meniere’s Disease.  Meniere’s Disease is diagnosed based upon a patient’s history and diagnostic tests for all other possible disorders and conditions, and if nothing else is determined to be the cause of your symptoms, then Meniere’s Disease is the usual diagnosis.  An MRI scan of the brain is necessary to test for and either establish or rule out some of these disorders and conditions; for example, acoustic neuroma and multiple sclerosis.  Without a proper MRI scan, you are essentially undiagnosed.  Therefore, a proper MRI scan is absolutely necessary for a diagnosis of Meniere’s Disease (or to diagnose a mimic).
 
A diagnosis of Meniere’s Disease — or of any other disorder or condition that might produce the same symptoms — is tricky and should be conducted by a doctor who is very familiar with these symptoms and with the differential diagnosis of these symptoms.  That could be a diagnostician (like television’s Dr. House) or, more likely, it could be a neurotologist (also called an otoneurologist).  One might hope that a neurotologist has experience with justifying an MRI scan to Medi-Cal.  (Click here.)
 
So, your obvious next question is how do you find a neurotologist (not necessarily “local”) who accepts Medi-Cal?  Our simple answer is that we have no experience and no knowledge of this task.  You no doubt know far more about this than we do, and you no doubt have tried everything that we are about to suggest.  But that won’t stop us from trotting out whatever we can think of.

Perhaps you can go to a county hospital, public hospital medical center, or a university medical center, whether or not close to where you live, which, one would hope, would accept Medi-Cal.

For example (we will pick Southern California for this example):

Or perhaps there is a major private clinic that is worth asking if it would accept Medi-Cal. 

For example (once again, we will pick Southern California for this example):

With good fortune, you will be diagnosed and treated for whatever is causing your symptoms.  Meniere’s Disease is incurable but the symptoms are treatable, at least to a certain extent, in most (but not all) cases.  There are many possible treatments, and one must, through trial and error, figure out which treatment(s) works the best for that particular patient.  (Click here.)

After you are diagnosed and treated, and if you unfortunately remain disabled whether from Meniere’s Disease or from some other disorder or condition,  it is (as you know) yet another uphill battle to secure disability benefits.  You mention “state disability insurance,” and “Medi-Cal disability,” but we are sorry to say that we don’t know anything about them.  We have information on two Social Security Administration disability programs:  Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI).  (Click here.)
 
A lucky few Meniere’s Disease patients succeed in getting an award of SSA disability benefits without a lawyer, but most folks seem to need a lawyer to succeed.  Finding a lawyer sooner is better than later.  The system is designed to exclude claimants, not to qualify them.  A lawyer who represents a claimant before SSA is legally bound by SSA regulations.  Under those regulations, a lawyer may only accept payment out of back benefits actually secured, and there is a maximum limitation on that.  (Click here.)  Yes, this system is fraught with inequities for both claimants and for lawyers, but that’s another issue.  With the right lawyer and the right doctor, a truly disabled claimant shouldn’t have a problem with a doctor’s fortitude in signing a disability form.  What is necessary to qualify for disability benefits are truthfulness and strict compliance with SSA’s particular requirements.  We have extracted SSA’s particular requirements for Meniere’s Disease.  (Click here.)
 
It is a legitimate strategy when one spouse is facing uninsured medical problems for the other spouse to find a different job, even at lower pay (and possibly at higher pay), and even in a different city or different state, that might provide self and spousal insurance benefits that do not exclude preexisting conditions.  Typically, state and federal government jobs provide such benefits.  Another possibility is to join a professional association that offers such health benefits (that is, obviously, if such an association exists, and if one can qualify).

It is also a legitimate strategy to move from an area without facilities for treating Meniere’s Disease to an area that has facilities for the treatment of Meniere’s Disease, even though this might require a change of jobs for one and/or for one’s spouse and the attendant trauma for one’s children.  But you get the idea, which is basically thinking outside of the so-called “box.”  Is changing jobs painful?  Sure.  Is moving out of state painful?  Sure.  Is selling one’s house painful?  Sure.  Is the alternative any better?  If it is, then fine.  If it’s not, then there is no end of pain that some of us must endure in order to prevail in the battle against Meniere’s Disease.
 
It’s clear that you have been through the proverbial mill, and that nothing so far has been easy.  It may not get any easier, but that cannot stop you from fighting the good fight.  You are smart and determined and we are sure that there is success in store for you, although we cannot predict when or at what cost.  We hope that when you succeed, you will share with us the benefit of your knowledge so that we can publish it in hopes of helping others who will follow behind you.

We wish you well.

Monday, April 3, 2006, 5:12 pm

The Insurance Company Says Having Meniere’s Disease is “Like Having the Flu”

A reader asks:

I have just been diagnosed with Meniere’s Disease.  It started with one attack every week for the first five weeks. The attacks last about fourteen hours. The last one was when I was driving and almost did not make it off the highway, so I have stopped driving. I have no warning of the attacks. I have changed to a low-salt diet and I have been taking medicines for the last month. I have not had a day without feeling dizzy for two months, but I have not had an attack for about four weeks. I need to go back to work, which is very stressful. I am very nervous about returning to work and about driving.  Also my employer’s short term disability insurance company says “we know you have Meniere’s Disease but this is like having the flu”; they say that I have an illness, not a disabillity.  Do you have any suggestions?  Do you find people to be understanding about this disease? Do I just start driving again?  How do I learn to lower my stress?

You seem to be sayng that your symptoms have been responsive to the low-salt diet and medicines.  If so, congratulations.  If not, visit the MenieresInfo.com Treatment Page.

About disability:  visit the MenieresInfo.com Disability Page.

About people understanding about Meniere’s Disease:  visit the MenieresInfo.com Start Page.

About driving:  you should drive only if you are not having attacks that occur without warning symptoms.  You should discuss this with your doctor.

About stress:  talk to your doctor about dealing with stress and anxiety, including medicines to help you.  We know of no Meniere’s Disease-specific methods of dealing with stress, so you might take advantage of the many resources available for dealing with stress in general.

Wednesday, February 8, 2006, 12:57 pm

Discrimination at Work — How Does One Deal With This?

Originally posted February 4, 2006.
Slightly revised February 5, 2006.
A reader’s comment added February 8, 2006.

A reader asks:

The people in my job are really mean towards me and this makes me get sicker. They have some type of vendetta towards me that I do not understand. The harrassment is so massive it’s unbelievable. I work in a government office that, believe it or not, is supposed to guard against discrimination (in housing). How do I deal with this work situation?

This is a disability question, and there is a good deal of disability information at the Disabililty Page at MenieresInfo.com. Employment-related disability questions are essentially legal questions, and there is information at that page on disability lawyers. Initial consulations with lawyers are often available at low-cost or no-cost (ask the fee when you call for an appointment). If there is a fee for the initial consultation, it will no doubt be well worth it. (Note on that page that fees for legal representation before the Social Security Administration (SSA) are a separate issue and are regulated by SSA.)

There are few things worse in life than a job that one hates to go to every day and that one dreads all weekend going to on Monday. This has a downer effect on everything else in one’s life.

People with disabilities in general are often seen as slackers who use their disability as an excuse to shirk work. Sometimes the reality is that these same disabled people carry the load of others in addition to their own work and get no credit for it. Everything they cannot do seems magnified out of proportion. Everything good that they do seems to go unnoticed.

This is ten times worse with “invisible disabilities” — when the disability is not obvious to the naked eye. A coworker in a wheel chair is seen as more sympathetic than a coworker who “looks normal” but isn’t. Examples include disabled employees with ADHD (attention deficit hyperactivity disorder), CFS (cronic fatigue syndrome), and, of course, Meniere’s Disease. When we are sick, we are accused of “faking it.” The fluctuating nature of the condition doesn’t help the visual perception — sometimes we are OK; sometimes we are not. People will say “every time thus-and-such some up, so-and-so (us) gets sick; how convenient.” They see connections where there are no connections. We can end up being outcasts, somewhat like in high school only much worse.

Of coure, there are laws against discrimination in the U.S. workplace, notably (but not exclusively) the ADA (Americans With Disabilities Act). See the Disability Page at MenieresInfo.com. Unfortunately, laws don’t actually stop discrimination, and people break these laws every day.

It seems to us (and we claim NO expertise) that there are three possibilities: (1) pursue remedies for discrimination, (2) get another job in the same agency, or (3) find a job in another agency.

In an enlightened and competent bureaucracy, once you file a complaint of discrimination, you may be fortunate and get all the relief to which you are entitled. A complaint properly acted upon might even get you reassigned to another work unit with a different supervisor, and with different duties, and with accommodations for your disability. Unfortunately, in an unenlightened or incompetent bureaucracy, you may be become even more ostracized than before, and your performance evaluations may suddenly take a nose-dive in retaliation. Retaliation is illegal but still possible, perhaps even likely. It’s a crap shoot.

The simpler solution is to find another job or at least another supervisor on your own. Even “normies” have to duck and dodge sometimes to get out from under the thumb of a supervisor or coworkers who have ostracized or oppressed them. For a variety of reasons, that may not be possible. In a government job, one is typically so committed to the pension and other benefits, and one’s job expertise is typically so narrow, that one’s reassignment opportunities are limited. Worse, one receives an unfairly poor evaluation due to the unfair perceptions attached to one’s Meniere’s Disease that makes it difficult to compete successfully for another job. Nonetheless, that is the simpler, more practical, solution. It pains us to say so, because you shouldn’t have to be discriminated against in the first place and, when you are, you should be able to get the discrimination stopped. The right thing should prevail. Sadly, it oftentimes does not.

Oddly, those of us who are blessed with wonderful supervisors and wonderful coworkers and supportive home situations won’t understand this at all. Sad but true, sometimes you just gotta be there.

After all of this blather, you by now have deduced that we just don’t know what in blazes to tell you — but we sure do understand the situation. It’s tough.

We’d be delighted to receive well thought-out comments from readers to add to this issue.

Added February 8, 2006

A reader provides comment:

Since this person is a government worker, chances are the worker belongs to a union.  Harassment, as well as worker disability, are union issues and this person should contact a union representative for assistance and representation in this matter.

This astute reader adds the issue of workplace harassment contrary to a union contract to the issue of employment discrimination based upon actual or perceived disability, and notes the possible, perhaps probable, availability of union representation in either case.  We are grateful for the comment.

Many U.S. government employees are in a “collective bargaining unit” which is usually represented by a union.  The ability of the union to deal with any issue depends on the wording of the “collective bargaining agreement” (the “union contract”) and the resources of the local chapter of the union that represents the bargaining unit.  The alternative as to the discrimination issue might be a counselor in the agency’s equal employment opportunity (EEO) office (the Equal Employment Opportunity Commission may not have initial jurisdiction in a U.S. agency matter, but it’s worth looking into).  While the agency EEO office is supposedly independent, in fact it is usually part of the same management that is at fault either directly or by failing to take positive corrective action.  As to the discrimination issue, the employee may be faced with a choice in the very beginning of going “the union route” or ”the EEO route.”  If so, the union representative (usually a “steward”) can provide counsel on making the choice.  Whether a claim of harassment could be represented by the union in addition to a separate claim of discrimination brought before the agency EEO office is something to consider.

Despite the existence of anti-discrimination laws (and, possibly, anti-discrimination provisions in union contracts), workplace discrimination remains a disturbingly frequent occurrence in the workplace.  The remedy should be easy, and sometimes it is, but too often the employee faces an uphill battle.

Tuesday, February 7, 2006, 4:28 pm

How Can I Find an Attorney Who Will Help Me?

A reader asks:

Is there a list of attorneys who will take on the job for a Meniere’s Disease patient?  My attorney hasn’t called me in over six months and I need to get an attorney who will actually try to help me.  I was diagnosed in 2003 and I have been turned down three times.

Unfortunately, there are attorneys who are relatively uncommunicative with their clients, especially when they are not able to bill clients for telephone calls.

We take it that this reader is talking about a claim for Social Security Disability benefits.  (Reader:  If not, write to us again.)

Fees for practice before the Social Security Administration are regulated by SSA.  See the Menieresinfo.com Disability Page.  The fees come out of back benefits, and there is a maximum.  While there is room for profit for an attorney to handle these claims, there is not a lot of profit involved.  Dealing with SSA, even with an attorney, can be a long, dragged-out process.  Often nothing happens for a while.  Meanwhile, the claimant is begging for food.

We suggest that you call the attorney and ask for the status of what at this point is almost certainly your appeal.  A secretary or a paralegal might give you that information.  If someone gives you an answer, then you need to decide whether to stick with that attorney.  If you can’t get an answer, our suggestion is that you write a letter to the attorney that says so and asks for the status.  You are probably better off sticking with the original attorney for a number of reasons, not the least of which is the issue of fees.  If the attorney puts in an effort on your appeal, and you switch attorneys midstream, then you will owe that attorney a fee for the work performed, and it’s unclear to us how the fee obtained by your “new” attorney out of back benefits could be used to pay the “old” attorney for the work done before the “new” attorney was hired.

Of course, there are occasions when your best bet is to find a new attorney.  Finding an attorney isn’t easy.  We know of no directory of disability attorneys who have experience with representing clients with Meniere’s Disease.  But see the MenieresInfo.com Diagnosis Page for ideas.  Your state and local bar associations will be able to refer you to someone.  You could look up “disability attorney” in the telephone book.  Most attorneys will offer an initial consultation at low-cost or no-cost.  This will give you an opportunity to “interview” several attorneys.

We do appreciate your frustration, and we wish we had a better answer.  Readers are invited to send us their well thought-out comments on this issue.

Saturday, December 31, 2005, 10:43 am

My Insurance Company Says That Meniere’s Disease is a “Self-Reported Disability” — Could It Be True?

Revised December 31, 2005.
Originally posted December 20, 2005.

A reader writes:

I was diagnosed with Meniere’s Disease seven months ago. I have applied for disability benefits under my private disability insurance policy. The insurance company says that Meniere’s Disease is a “self-reported” disability and has subsequently limited my benefits. Is the disease a “self-reported” disability? Where can I find evidence to challenge its decision in an appeal?

A “self-reported disability” is one that has no objective evidence to support the disability. In other words, the patient asks to be taken at one’s word that one is disabled. Insurance companies understandably are reluctant to pay disability benefits just on the patient’s word, given the fact that there is such a thing as benefits fraud. Keep in mind that the duty of the insurance company claims examiner is to deny benefits, not to approve benefits. Insurance companies make money on premiums paid, not on benefits paid.

This is the first report that we have seen where an insurance company says that Meniere’s Disease is “self-reported.” In all the other reports that we have seen where disability claims are denied, the insurance company contends that disability due to Meniere’s Disease can be supported by objective evidence, but that the claimant has not provided objective evidence.

Private disability insurance policies are contracts. They vary from state to state and are subject to contract law. The insurance industry is “regulated,” meaning that states regulate insurance companies and their policies. Insurance policies have to conform to state laws and regulations as well as to contract law. The policies (contracts) set forth the various terms and conditions of coverage and benefits. For example, one of the issues in private disability policies (contracts) is the definition of “disability.” In some cases, disability will be defined as the inability to perform one’s present duties. In other cases, disability will be defined as the inability to perform any meaningful employment. One must look (or hire a lawyer to look) at the terms and conditions of one’s policy (contract), together with the applicable laws and regulations, to see whether there is any reference to “self-reported disability,” and, if so, what the definition is for the purposes of that policy (contract) and whether there are any limitations as to coverage and benefits.

We will never understand the reluctance of some people to consult lawyers when they have legal issues or to get additional medical opinions when they have medical issues. Insurance companies have legal departments staffed with lawyers who are trying to deny claims. The time for a claimant to seek legal representation is earlier rather than later, preferably even before filing a benefits claim. *Certainly* legal representation is a must for an appeal of a denied benefits claim. It is the lawyer who will know how to successfully challenge the denial based upon the particular policy (contract) involved and under the laws and regulations of that particular legal jurisdiction.

Our reader has a legal issue here rather than a medical issue, so we suggest that our reader *immediately* consult one or two or three disability lawyers for advice. Many lawyers will provide an initial consulation of 30 to 60 minutes free of charge or at low cost. As always, we suggest that people “shop” for lawyers (and doctors) at least as well as they shop for new cars. See the MenieresInfo.com Disability Page.

Keep in mind that Meniere’s Disease is not a disability. It is a disorder that may or may not lead to disability. Most people with Meniere’s Disease will be able to function very well with treatment and adaptive techniques. Some people will find that their Meniere’s Disease is untreatable and, through no fault of their own, will become permanently disabled. When patients with Meniere’s Disease becomes disabled, it is the inability to perform tasks that makes them disabled, not the fact that they have Meniere’s Disease. However, it certainly is more understandable when one can establish that one has a potentially disabling condition that has indeed caused one to become disabled.

We believe that when one files a claim for disability benefits, it is fair to provide evidence of one’s disability, to the extent that such evidence is possible and available. Our guess is that even when Meniere’s Disease is “labeled” a “self-reporting disability,” that label can be overcome when there is objective evidence of disability. For example, the U.S. Social Security Administration (SSA) has published “evidentiary requirements” for determining whether a Meniere’s Disease patient is disabled for SSA purposes. See the Disability Page at MenieresInfo.com, which has a great deal of information on disability in general and Social Security disability in particular. There is a link on the Disability Page to relevant excerpts from the SSA manual on qualifying for disabilty (often referred to as the “Blue Book,” because the printed cover is blue). One would think that objective evidence that can establish disability to the satisfaction of SSA would be persuasive in many private disability situations.

That said, our reader tells us that one has Meniere’s Disease but does not describe the nature of one’s disability. The mere fact that one has Meniere’s Disease does not mean that one is disabled AND will remain disabled. Most patients go through a fairly long period of trial and error with various treatments before it becomes clear that one’s Meniere’s Disease is intractable (not responsive to treatment) and that one is now and will continue to be disabled. See the Treatment Page at MenieresInfo.com.

While there is no single definitive medical test for Meniere’s Disease, there are medical tests that can provide evidence of Meniere’s Disease symptoms, and, hence, diagnosis and disability. For example, ECOG (electrocochleography) and ENG (electronystagmography). Find out more about the diagnosis of and testing for Meniere’s Disease at the MenieresInfo.com Diagnosis Page. Find out more about ECOG at the MenieresInfo.com ECOG Page.

A commonly used proof of claim for disability benefits in general is a “residual function” assessment of one’s capabilities and limitations, often developed through the use of a “residual function questionnaire,” which is prepared by a doctor and which documents the degree of one’s disability. A residual function assessment can be prepared even if the cause of one’s disability is unknown. If the cause of one’s disability is known, then the residual function assessment can be tailored to include an assessment of the way in which the cause of the disability is manifested in the particular patient.

In addition, there are conditions that may arise as a consequence of one’s Meniere’s Disease and/or of one’s disability, such as anxiety and depression. These consequential conditions may be disabling, either in addition to some other disabling condition or simply standing alone. It is possible to be disabled as a result of several causes.

The short take: (1) get competent legal advice; (2) get objective medical evidence, if at all possible. One should also get multiple medical opinions both as to diagnosis and as to treatment options. Virtually all of us would rather be sucessfully treated to the extent possible rather than consign ourselves to disability. However, it is certainly true that some patients cannot be effectively treated and, through no fault of their own, will be severely and permanently disabled. See the Start Page at Menieresinfo.com.

Thursday, December 22, 2005, 2:26 pm

Psychologist Describes Experience With Conducting Mental Evaluations for SSA Disability

In the quote-without-comment department, a Ph.D. psychologist briefly describes her experience with conducting mental evaluations for people getting disability benefits under Social Security:

I used to do a lot of mental evaluations for people getting Social Security Disability. When I was healthy (prior to my heart attack), I could not relate very well to the clients who came in with their various illnesses, it seemed foreign to me–from the allergies, chemical sensitivites and fibromyalgia to the heart problems, cancer and strokes. However, once I had a heart attack, I understood the vulnerabilities that people suffered. What I could not understand was giving up the essence of who one was in terms of their working life to receive a social security check.

This is but a passing thought in another context, which is why one should read the whole thing.

Wednesday, November 2, 2005, 12:18 pm

Do Meniere’s Disease Patients Qualify for SSA Disability?

A reader asks:

Do Meniere’s Disease patients qualify for SSA disability?

Meniere’s Disease is specifically recognized by the Social Security Administration in the U.S. as a potentially disabling disorder. That doesn’t mean that one is disabled solely because one has been diagnosed with Meniere’s Disease. Most patients do not become disabled, but some do, through no fault of their own. See the MDIC (Meniere’s Disease Information Center) page on disability. Click here.

|