Using a Functional Capacity Argument to Win a Polycythemia Vera Disability Case

A Strategy to Win a Polycythemia Vera Disability
Case When You are a Less Reliable Worker
Because of Your Disease

When appearing before a Social Security judge, you should have a well thought out argument as to why your cases deserves approval.  Most polycythemia vera cases that I have worked on involving a listing level disease - in other words, my client’s blood chemistry readings had deteriorated to the point where vascular complications had developed, or kidney or liver failure had begun.

In PV cases involving younger claimants, or cases in which the lab tests do not show an extensive progression of the disease, your judge may not be prepared to find that your condition meets or equals the listing at 7.09.  Some judges are not willing to assume anything about any medical condition even chronic, congenital conditions that are unlikely to respond well to treatment or to allow an afflicted claimant to continue working.

In these cases, a “functional capacity” argument would be a good alternative to a “listing” argument.  Unlike the listing argument, which focuses on the underlying medical condition (thickening of the blood and associated organ damage), a functional capacity argument looks more to how your CV disease affects your capacity for work.  For example, in the CV cases that I have tried, my clients have complained of:

  • pain (that arises from blood clots and damage to the kidneys)
     
  • stiffness
     
  • poor sleep
     
  • anemia
     
  • drowsiness from medications
     
  • constipation and/or diarrhea from medications

 

As you can see, these complications arise from the disease but they are not necessarily “medical” in nature.  Nevertheless, these symptoms have significant work capacity implications.

For example, a CV patient who experiences a high level of pain would have difficulty maintaining attention and concentration at any type of job and might work at an unacceptably slow pace.

A claimant who needs multiple unscheduled bathroom breaks and who takes 10 to 15 minutes in the restroom would have a difficult time keeping his job.

When making a “functional capacity for work” argument you will want to convince the judge that despite your sincere desire to work, the symptoms arising from your condition and/or side effects from your medications leave you unable to perform reliably at even a simple, unskilled job - even one with a sit-stand option and minimal contact with the public, co-workers or supervisors.

In my practice, I use functional capacity checklist forms to solicit opinions from your treating doctors about various work functions, most of which relate to your reliability and stamina.  If your doctor will cooperate, a functional capacity form that identifies numerous reliability issues can and will result in a favorable decision - especially in cases involving a chronic, life-long medical condition like polycythemia vera.

If you would like me to evaluate your case, please fill out the form on the right and I’ll get right back to you.

 
 
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