Disability Lawyers, Disability Law and Sickle Cell Disease or One of its Variants

When representing a person with sickle cell disease, which is a possibly disabling condition of people of African descent, more than a mere diagnosis of sickle cell is required. There must be functional limitations that disable an individual from any substantial gainful employment. When dealing with the Listing of Impairments Social Security requires as follows:

1. Documented painful (thrombotic) crises occurring at least three times a year during the 5 months prior to adjudication; or
2. Requiring extended hospitalization (beyond emergency care) at least three times during the 12 months prior to adjudication; or
3. Chronic, severe anemia with persistence of hematocrit of 26 percent or less; or
4. Evaluate the resulting impairment under the criteria for the affected body system

            As one can see by looking at the actual rule used by Social Security there are four different options for meeting the listing of impairments. The operative word, and probably the most important word that one can stress is the word “documented”.

            In sickle cell cases, as in all cases, whether or not a person meets the listing of impairments, or is otherwise disabled because of sickle cell (in that it would prevent substantial gainful employment taking into consideration the claimant’s age, education and work experience), most judges look to how well the condition is documented, meaning whether or not the claimant has gone to the hospital or doctor for the condition.

            This greatly penalizes people that don’t like to go to doctors or avoid going to physicians or emergency rooms because of financial constraints. If one just used the above rule for reference one cannot have painful crises recognized by the administration unless one goes to the doctor. The same can be said for the requirement for repeated hospitalizations and just as obviously, one cannot show severe anemia without having gone to a physician and having the appropriate tests performed. The bottom line in proving sickle cell claim, as with any claim, is to show not only that a condition exists, but that it is of sufficient severity to disable the individual.

For further information regarding a claim for your minor child, do not hesitate to contact us for a free consultation with a disability lawyer at Drummond Law, LLC   1-800-842-0426.