Special Senses

Special sense issues, like vision, hearing, and speech, may be covered by SSD benefits. You can still file for accommodations at work and request an appeal if your SSD claim has been denied. If you are facing challenges with the special senses, Pond Lehocky Disability may be able to help.

What Are the Special Senses?

The special senses are categorized by the Social Security Administration (SSA). These refer to hearing, speech, and sight. Examples of disorders of the special senses include:

• Statutory blindness

• Loss of visual acuity

• Significant visual impairment

• Retinitis Pigmentosa

• Macular degeneration

• Deafness or hearing loss

• Auditory processing disorders

• Vertigo and Meniere’s Disease

• Loss of speech

If you were diagnosed with any of these, you may qualify for special considerations. These are found in the SSA’s “Blue Book”, or manual of disabilities.

Can You Get Social Security Disability for Special Senses?

Yes, you may be able to qualify for monthly SSD payments for the special senses. These payments tend to start around six months after your disability begins. You will need to provide documentation proving your condition, per the SSA Blue Book. You will also need proof that your disability prohibits you from full employment.

The SSA’s Disability Criteria for Special Senses Claims

Your diagnosis must meet the SSA’s disability criteria to receive benefits. The SSA outlines different requirements depending on your limitations. Examples include:

• Vision acuity of 20/200 or less in the better eye with use of a corrective lens

• Visual field limitation. The widest diameter of the visual field subtends an angle no greater than 20 degrees.

• Medically determinable hearing loss, maximum one year post-initial implantation of a Cochlear implant

• Bekesy audiometry or other testing for vestibular disorder

If your condition is not on the list, you can also prove a “medically determinable impairment.” This impairment would prohibit you from being employed in a gainful capacity. You may need to provide additional proof to present your case. You can work with a disability lawyer if your claim is denied.

Common Reasons for Denied SSD Claims for Special Senses

Pond Lehocky Disability can help you with a denied SSD claim for special senses. These tend to include:

1. Insufficient medical evidence: Like moving/changing doctors and incomplete diagnostic tests. Poorly organized records can also lead to a denial if the SSA can’t make sense of your diagnosis.

2. Earning above SGA levels: The SSA sets a limit for Substantial Gainful Activity (SGA). If your monthly earnings are too high, it will trigger a denial.

3. Red flags with treatment: If you do not follow a treatment plan, it may work against you. This tells the SSA that your condition is not severe enough for SSD benefits.

4. Late filing: Missing deadlines can result in your SSD claim being automatically denied. An attorney may be able to help you reopen your case. We do this by presenting compelling evidence as to why you missed the deadline.

5. Incomplete paperwork: Even a minor mistake can lead to a denial. This can include something as minor as a misspelled doctor’s name.

How Do You File a Social Security Disability Denial Appeal?

Once your SSD claim has been denied, the clock starts ticking. There are time limits for filing that our attorneys can help you file by.

You have 60 days to file an initial Request for Reconsideration. Failing to meet this deadline can result in your claim being automatically denied. If you have already missed a deadline, contact a disability attorney.

If you can prove why you missed the deadline, you may be able to have your closed case reopened. Reasons like not receiving or being able to read a communication can qualify.

What if We Lose the Appeal?

If your appeal is unsuccessful, you can request a hearing. This is done by an administrative law judge. A disability attorney can present the evidence for your claim. We can also ensure you receive follow-up communications from your case.

The administrative law judge may uphold the denial. If so, you may be able to request a review from an Appeals Council. After this, you may be able to file a disability lawsuit, and the federal court system will then decide the issue.

Your attorney will represent you throughout all of these stages of your claim. We will negotiate for the best possible outcome at every turn.

How Special Senses Hurt Your Ability to Work

Sensory disabilities in the workplace can put you in a difficult position. Not every employer understands these challenges. They might discriminate against you or put you in an awkward position. You may be unable to return to work in your previous capacity if you lose one of your senses, leading to a loss of income.

Your condition may also create challenges that can become dangerous. This can be true when it comes to hearing verbal cues or commands. You might need accommodations for special lighting, written instructions, or other sensory aids.

Not every employer is equipped to handle these requests. This can make finding gainful, consistent work challenging.

Medical Evidence You Need for a Special Senses Claim

Each of the special senses requires different testing to prove that you qualify for SSD. For instance, the SSA may need to review the results of your standardized hearing tests. These include tone recognition, bone conduction, and/or word recognition tests.

These results can be provided by your doctor. They can also provide a diagnosis and a description of how your hearing loss affects you.

Audiometric testing must be done within two months of otologic examination. It must be performed by a licensed audiologist or otolaryngologist. Speak with your doctor if you need documentation to prove your speech, hearing, or vision loss.

Why You Need an SSD Lawyer for a Special Senses Claim

The results of having an SSD lawyer are measurable. According to the National Bureau of Economic Research, a lawyer increases your odds by 23%. Working with an attorney to advocate on your behalf can lead to a swifter, better outcome.

Many disabled Americans struggle with claiming their SSD without legal representation. A lawyer can ensure that all the deadlines are met appropriately. We make sure that your evidence is as compelling and complete as possible. We can also act as a negotiator if you face any hurdles or requests for additional information.

Talk to an SSD Lawyer for Help with a Special Senses Claim

Special senses disabilities can make filing an SSD claim more challenging. Filling out forms or explaining these issues to claims adjusters over the phone can be tough. You need a law firm that understands the accommodations you require to file these claims. We can take over on your behalf, fighting for your rights.

Pond Lehocky Disability is experienced with special senses claims. We are available to answer your questions and review your case. Contact us today to get started.