Get Social Security Disability & SSI With Muscular Dystrophy

Winning Your Case

The Significance Of Medical Evidence In A Muscular Dystrophy Disability Case

A muscular dystrophy case, with a proper diagnosis, is usually awarded at the initial Social Security disability level. Muscular dystrophy is a muscle disease that is caused when you have a defect in a gene that is responsible for making dystrophin, a protein necessary to build and maintain the structural cells of a muscle. When the muscle cell structure decompensates, the muscle gets smaller - it atrophies. This is often referred to as muscle "break down" or muscle wasting. As the muscle gets smaller, it begins to get weaker, and your functioning deteriorates. Which muscles are affected depends on the type of muscular dystrophy you have. There are nine forms of muscular dystrophy:

1. Duchenne (most common overall),
2. Myotonic (most common in adults),
3. Becker,
4. Limb-girdle,
5. Facioscapulohumeral,
6. Congenital,
7. Oculopharyngeal,
8. Distal, and
9. Emery-Dreifuss.

Social Security requires that your diagnosis of muscular dystrophy be in your medical file. A diagnosis is done with enzyme tests, muscle biopsies, EMG and nerve conduction testing, and genetic testing. Because muscular dystrophy can affect any muscle in the body, treatment widely depends on the particular body part affected. There is no cure. Therefore, treatment is limited to addressing symptoms and usually includes physical therapy, corticosteroids such as prednisone, and Eteplirsen (if you have Duchenne muscular dystrophy). Social Security will examine your medical records to learn about the severity of your symptoms and what treatment you are receiving.

It is important in a Social Security and SSI disability case that your muscular dystrophy symptoms are well-documented in your medical records. Since any muscle can be affected, symptoms are vast and range widely. If for example, your heart (a muscle) is affected, you will suffer cardiac symptoms. If for example, the muscles around your lungs are affected, you will suffer respiratory symptoms. Generally, common symptoms include:

1. Muscle atrophy and weakness,
2. Contractures,
3. Pain,
4. Reduced range of motion,
5. Functional loss, and
6. Fatigue.

Social Security will consider all of you or your child's medical impairments when determining disability. Muscular dystrophy can affect the entire body, and it can cause a variety of medical impairments. You may qualify for disability based on your muscular dystrophy alone, or based on the combination of your muscular dystrophy and other medical impairments.

Muscular Dystrophy Social Security & SSI Listings

Adult Listing 11.13 and Child Listing 111.13. An adult must prove one of points 1 or 2, and a child must only prove point 1.

1. You are extremely limited in your use of two extremities; or
2. You suffer a marked degree of loss physically, and you also suffer a marked degree if loss mentally in one of these next four areas of mental health -
1. Mental abilities to carry out work responsibilities,
2. Relating to and working with society,
3. Staying focused, or
4. Controlling yourself in a work setting.

Compassionate Allowance

Certain muscular dystrophy cases can qualify as a compassionate allowance case. Social Security quickens the disability decision-making process in this type of case to make a decision sooner. A compassionate allowance case includes a condition Social Security finds meets its rules for disability - Expedited Cases.

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