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Unlike some other diseases and conditions giving rise to a disability, lupus is a chronic disease that causes harm to your body over a period of time. Lupus is an autoimmune disease that causes the body to attack itself. It can cause damage to your joints, skin, kidneys, blood, heart, and lungs. As a result of its chronic nature, it could be the case that your limitations have increased to the extent where you will now qualify for Social Security disability benefits, even if you were denied in the past.

How to Appeal a Social Security Disability Benefits Denial

So what should you do if you find yourself with an increasing inability to function as a result of lupus, but were denied Social Security disability benefits in the past? Consider taking the following steps:

  • Consult with a knowledgeable and experienced attorney familiar with the complex rules and requirements for obtaining Social Security disability benefits.
  • Determine whether you meet the listing requirements for lupus. Lupus is one of the diseases that is specifically listed in Social Security’s listing of impairments. As a result, if you meet the requirements, you may qualify for benefits.
  • Assess whether you are no longer able to work due to impairments created by lupus. This may include evaluating the physical, mental, and sensory limitations brought on by the condition.
  • Gather the medical evidence required to meet the lupus listing under Social Security’s listing of impairments. This includes obtaining updated medical information. Eleven criteria are set forth to determine whether an individual has lupus. You must meet at least four of those criteria.
  • Complete the appeal forms provided by the nearest Texas Social Security disability field office.
  • Call SSA to follow up.

If you suffer from a debilitating chronic condition like lupus, do not give up on your pursuit for Social Security disability benefits. To further prepare yourself for the appeals process, we encourage you to view our free guide, Social Security Disability: What You Need to Know.

Morgan & Weisbrod LLP

by Paul B. Burkhalter
Managing Partner of Morgan & Weisbrod, Board Certified in Social Security Disability Law.


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