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How an SSD Lawyer Builds a Winning Case for ‘Invisible Disabilities’

How an SSD Lawyer Builds a Winning Case for ‘Invisible Disabilities’

In New York, individuals who suffer from invisible disabilities often suffer in silence. Social Security disability lawyers in New York can help you build a strong case for disability benefits.

What Are Invisible Disabilities?

Invisible disabilities cannot be seen from the outside. This fact alone leads people who suffer from these unseen impairments to hide their disabilities, often in plain sight.

The Centers for Disease Control (CDC) notes that of the total United States adults, 1 in 4, or 28.7%, has some form of disability. Of this number, approximately 10% suffer from an invisible disability, according to a University of Massachusetts 2015 study.

While these conditions consist of mental health-related issues, they also consist of health problems that impact the physical body, including:

Asperger’s Syndrome and Autism

Individuals with this hidden disability may appear withdrawn because they don’t quickly grasp non-verbal cues, leading them to have difficulties communicating with others.

Attention Deficit Hyperactivity Disorder(ADHD) and Learning Disabilities

ADHD and learning disabilities can include symptoms like absentmindedness, mental fog, and memory lapses. These symptoms can lead individuals who suffer from these conditions to socially isolate themselves due to fear of being judged by others.

Anxiety and Depression

This common invisible disability has become a global epidemic. In many cases, individuals suffering from anxiety and depression “wear a mask” to the outside world in social settings, appearing healthy and full of life while suffering silently.

Autoimmune disorders

Autoimmune disorder’s wide-ranging symptoms include bladder, bowel, and cognitive issues, along with chronic fatigue syndrome (CFS), chronic pain, and dizziness. These hidden disorders also create social anxiety and fear of social stigma for individuals who experience them.

Diabetes

This chronic condition prevents the body from regulating blood sugar, the pancreas from producing insulin, and the cells from using sugar for energy. Sugar then accumulates in the blood and can create a condition called ketoacidosis (DKA), which can become life-threatening if left untreated.

Epilepsy

This debilitating illness, which stems from abnormal electrical brain activity, impacts 1.2% of the United States population, according to the CDC. It causes seizures that can create fear in persons with the illness because the seizures can happen unexpectedly.

Fibromyalgia

Fibromyalgia is a chronic condition that, in the past, was considered controversial because its origins are unclear. In recent years, due to widespread awareness, doctors are now acknowledging this invisible disability. It causes a multitude of issues, including:

  • An overactive bladder
  • Concentration problems
  • Chronic headaches
  • Chronic Fatigue Syndrome (CFS)
  • Irritable bowel syndrome (IBS)
  • Light, sound, and temperature sensitivity
  • Poor body circulation
  • Restless leg syndrome
  • Sleeping
  • Whole body pain and tenderness

Trauma

As mental health conditions, trauma disabilities fall under invisible disabilities. Trauma includes childhood trauma, post-traumatic stress disorder (PTSD), and traumatic brain injury (TBI). These conditions impact individuals in all social settings, including family, school, and work life, and stem from traumatic life events.

Tinnitus

This common hidden disability consists of ongoing ear sounds, such as buzzing, clicking, hissing, ringing, or roaring, that can lead to other serious issues such as anxiety, depression, difficulty concentrating, extreme fatigue due to an inability to sleep, and memory loss.

Vision Impairment

Vision impairment also causes anxiety and includes common sight issues such as blurred vision, cataracts, color vision deficiency (CVD) or colorblindness, glaucoma, and low vision.

Exploring Your Disability Eligibility

If you think you meet eligibility requirements after being diagnosed with an invisible disability, you can apply for Social Security disability benefits. In addition, if you cannot work due to your condition, your family members may also be eligible to receive Social Security disability benefits.

Under Social Security Administration Rules, you may be eligible for benefits under the following conditions:

  • You are unable to perform your previous or usual work tasks because of your disability.
  • You can no longer work because of your disability.
  • You have been diagnosed with a terminal disability.
  • You have been experiencing a disability for a year or more.

How an SSD Lawyer Can Help You Win Your Case

How an SSD Lawyer Can Help You Win Your Case

Social Security benefits are essential in helping people with invisible disabilities achieve a higher quality of life. If you’re experiencing an invisible disability and need assistance with medical documentation, Social Security disability claims lawyers in New York can give you peace of mind. Social Security disability lawyers are equipped to help you understand the complex Social Security system to help you claim the aid you qualify for.

Medical Documentation and Filing Claims

SSD lawyers can help you win your case by evaluating your case after compiling your health records, processing your application, and speaking to the Social Security Administration (SSA) on your behalf. Disability claims lawyers are well-versed in New York Social Security laws, which fall under the federal government’s Social Security Act.

Residual Functional Capacity (RFC)

The Social Security Administration (SSA) uses a designation known as Residual Functional Capacity (RFC) in their SSA disability guidelines. RFC measures an individual’s emotional, mental, sensory, social, and physical capacity to execute workplace tasks.

Through RFC, the SSA defines an individual’s capacity for employment, whether or not that person suffers from an invisible disability. Your attorney can help you build a case for a limited RFC that prevents you from working. Evidence may include:

  • Medical records
  • Logs of your symptoms
  • Your experience with your recent employers
  • Testimony from medical professionals

Social Security and Disability Insurance (SSDI)

When you have an invisible disability, as it impacts your quality of life and ability to work, you may be entitled to federal disability benefits. A lawyer can help you provide evidence to show your eligibility for these benefits. 

Appealing a Denied Claim

New York Social Security disability claims lawyers can help you file a disability appeal if you’ve filed a claim and been denied. It should come as no surprise that over 60% of SSD claims are denied yearly. There are several stages to the appeals process, including:

  • Requesting case reconsideration
  • Scheduling your social security disability claim hearing
  • Requesting a review from the Social Security Appeals Council
  • Launching a federal court appeal of your social security disability

Fortunately, if your claim has been denied, you can appeal it. However, because the appeals process has strict regulations and guidelines, you need to understand the duration of an appeal so you know how long it will take. We can help you sort through medical documentation and Social Security Disability Insurance (SSDI), which can help you in your daily life circumstances.

Don’t Suffer in Silence; Reach Out Today

It can be challenging to navigate life when you’re living with a hidden disability. Each day can bring new struggles you must overcome for your and your family’s livelihood.

Pyros, Serres, & Rupwani, Attorneys at Law, your Social Security Disability Lawyers in NYC, can help. Whether you’ve recently received a diagnosis, have been living with an invisible disability, or need to support a loved one incapable of handling the issue alone, chat with us and receive a consultation free of charge.

Call us at 718-626-7730 or text us at (646) 902-4588. Then learn more about the Social Security disability appeal duration with a lawyer.

Frequently Asked Questions

How should I go after my full invisible disability benefits?

Scheduling a consultation with an attorney will help you have a better chance at understanding the rules and guidelines for winning your disability claim.

Are mental health issues considered invisible disabilities?

Yes. Many mental health issues are categorized as invisible disabilities.

Does the Social Security Administration have specific time limits on eligibility for disability benefits?  

Yes, the SSA has time limits on eligibility. If your disability has been diagnosed to extend over a year or to death, you may meet SSA eligibility requirements.

About The Author

Picture of Michael Serres, ESQ.

Michael Serres, ESQ.

Michael Serres, ESQ. is a reputed Workers’ Compensation Lawyer in Astoria, Queens, NY. He graduated from St. John’s University School of Law in 1989. Mr. Serres was admitted to practice law in New York State in 1990 and is admitted in the Federal District Courts for the Southern and the Eastern Districts of New York. He has served on the Board of Directors of the Workers’ Compensation Bar Association and is currently serving on the Board of Directors of the Queens County Bar Association.