This information may help claimants with representation, as well as claimants who are not represented by an attorney or non-attorney representative. Understanding how the Social Security Disability system works can make the difference between winning or not winning the continuing disability benefits and back-pay to which a person is entitled. To win a claim for ongoing and past due benefits, claimants should learn about the disability process to improve their chances of winning.
Carpal Tunnel Syndrome (CTS), is a repetitive strain injury caused by compression of the median nerve in the carpal tunnel area of the wrist. It occurs when connective tissue in either wrist (ligaments, tendons) becomes enlarged or inflamed.
The result of this tissue enlargement is a pinching of the nerve that runs from the tunnel of bones and ligaments in the wrist to the fingers and base of the thumb. This "pinching" results in a range of symptoms including:
sensations of tingling, burning, or even numbness in the fingers;
a loss of manual dexterity and grip strength;
an occasional locking of the finger joints in various positions;
swelling and inflammation in the fingers; and
pain in the hand, fingers, or wrist.
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Q. How does the social security administration view CTS?
A. There is no entry in Social Security Listing of Impairments manual for Carpal Tunnel Syndrome. This, despite the fact that a significant number of individuals filing for disability benefits list CTS as one of their primary disabling conditions. Because of the the lack of an entry in the listing book, it can be assumed that the condition is not considered by the ssd and ssi programs to be strictly disabling, in and of itself.
Q. Can you still win benefits if you have carpal tunnel syndrome?
A. Yes, a claimant with CTS can still be successful in obtaining Social Security disability benefits. In fact, claimants who have severe CTS and whose past work was based on the ability to perform repetitive or dexterous hand movements, or on the ability to use a certain level of grip strength in the course of their job duties, will often be judged incapable of returning to this type of past work. However, in most cases, a claimant's inability to return to past work will not be enough to win a disability claim with SSA? In most cases, the answer will be no. In SSA's sequential evaluation process, individuals who cannot do their past work are often considered to be capable of doing other work. "Other work" generally involves either a claimant's cumulative job skills that are considered to be transferrable to other jobs, or the ability to do simple, routine, repetitive tasks.
However, CTS claimants who have severe functional restrictions may be able to obtain a medical vocational (Med-Voc) allowance, particularly if they have other impairments that also limit their functional capacity. Med-Voc allowances are granted to claimants whose conditions do not meet or equal the specifications of a listing in ssa's impairment listing book but whose condition, or various conditions in combination, do warrant an approval of disability benefits due to an inability to do either their past work or any other work. In the case of carpal tunnel syndrome, a medical vocational allowance will be more likely when a claimant alleges other disabling impairments and can provide detailed medical records documenting the severity of their condition. Having more than one impairment may result in a greater number of limitations (as determined by a disability examiner), and, in certain instances, may help push a claim closer to an allowance. Having solid (detailed, specific, and favorable) medical records to document a Social Security Disability or SSI claim is paramount.
Q. What type of medical evidence is required for CTS claims?
A. In the case of carpal tunnel syndrome, the records, ideally, show the results of a nerve conduction study EMG. The treatment, or progress, notes obtained from a claimant's physician should also indicate the particular limitations imposed by carpal tunnel syndrome, as well a specific prognosis. If a doctor's notes do not provide sufficient information regarding the claimant's limitations or outlook, the claimant may wish to consider obtaining a detailed statement from their treating physician.
Q. What is the outlook for CTS claimants?
A. CTS claimants whose initial application and reconsideration have been denied should continue to pursue their appeal to the Administrative Law Judge (ALJ). ALJs are not subject to the same degree of oversight that disability determination service examiners are subject to. In other words, ALJs have more latitude when it comes to approving CTS claims. If you develop CTS as a result of performing the requirements of your job, you could be entitled to substantial Illinois Workers' Compensation benefits (i.e., medical, lost time, and cash settlements) in addition to possible Social Security Disability benefits. Call 800-437-2571 anytime for a free, no obligation consultation with an experienced Carpal Tunnel Syndrome attorney.
