Charcot-Marie-Tooth Disease and Disability Benefits: A Comprehensive Guide

is cmt a disability

Introduction

Are you seeking answers to the question, “Is CMT a disability?” If you or a loved one is contending with this hereditary condition that affects the nerves in your limbs, you might qualify for disability benefits. In this comprehensive guide, we will delve into the intricacies of Charcot-Marie-Tooth disease and its connection to disability benefits. We will provide you with crucial insights, ranging from comprehending how CMT impacts your daily life to navigating the process of securing Social Security Disability (SSD) benefits. Let’s begin our journey of exploration.

Understanding Charcot-Marie-Tooth (CMT) Disease

What is Charcot-Marie-Tooth (CMT) Disease?

Charcot-Marie-Tooth disease, commonly referred to as CMT, is an inheritable disorder that damages the peripheral nerves, particularly affecting the nerves in your arms and legs. This condition is categorized as a subset of peripheral neuropathy, which potentially opens the door to disability benefits. To learn more about CMT, its symptoms, types, and treatment options, visit the National Institute of Neurological Disorders and Stroke’s comprehensive guide on Charcot-Marie-Tooth disease.

Prevalence of CMT Worldwide

CMT is more prevalent than one might imagine, with an estimated 2.8 million individuals worldwide grappling with this condition. The peripheral nerves in the extremities are especially vulnerable, causing symptoms to manifest initially in the feet and legs before gradually progressing to the arms and hands. Everyday tasks, such as walking, can become formidable endeavors as CMT takes its toll. Key symptoms encompass muscle weakness, reduced muscle mass, foot deformities, foot numbness, and compromised balance. Regrettably, CMT tends to intensify over time, underscoring the importance of exploring disability benefits as a potential avenue of support.

RegionEstimated CMT Cases
North America1,200,000
Europe1,000,000
Asia500,000
South America50,000
Africa30,000
Australia/Oceania20,000
Total Worldwide2,800,000

Symptoms and Progression of CMT

Early Signs and Symptoms

Recognizing the early signs and symptoms of CMT holds paramount significance for timely intervention. Frequently observed indicators include weakness in the legs, ankles, and feet, diminishing muscle mass in these regions, high foot arches, hammertoes, foot drop, and an irregular gait. These symptoms are often accompanied by sensations of muscle loss and diminished sensation.

SymptomDescription
Muscle WeaknessGradual loss of muscle strength in limbs
Reduced Muscle MassDecreased muscle size in legs and feet
High Foot ArchesAbnormally high arches in the feet
HammertoesToes that bend downward at the middle joint
Foot DropInability to lift the front part of the foot
Irregular GaitAbnormal walking pattern due to muscle weakness
Foot NumbnessLoss of sensation in the feet
Compromised BalanceDifficulty maintaining balance while walking

How CMT Progresses Over Time

CMT is a lifelong progressive disorder, signifying that its impact escalates with the passage of time. Its ramifications extend beyond the physical realm, with extreme cases potentially leading to respiratory issues. Diagnostic tests, such as nerve conduction velocity tests, play a pivotal role in confirming the presence of CMT. These tests gauge the strength and speed of electrical signals within peripheral nerves, aiding in the identification of demyelination or axonopathy. Coping with daily activities becomes increasingly challenging as the condition predominantly targets the lower extremities. While no cure exists for CMT, treatment options encompass physical therapy, occupational therapy, braces, pain management, and, in certain instances, surgical interventions.

Qualifying for Disability Benefits

Social Security Disability (SSD) and CMT

If CMT impedes your capacity to sustain employment, you may meet the criteria for Social Security Disability (SSD) benefits. SSD benefits serve as a vital safety net for individuals confronting severe health conditions that hinder their ability to engage in gainful employment.

Meeting the Disability Listing 11.14

To establish your eligibility for SSD benefits rooted in CMT, you must substantiate not only the severity of your condition but also its incapacitating effect on your capacity to resume your prior occupation or engage in alternative employment within the national economy. The Social Security Administration (SSA) recognizes the severity of peripheral neuropathy through disability Listing 11.14. Meeting or equaling this listing alleviates the need for further evaluation of your ability to undertake alternative employment.

Residual Functional Capacity (RFC) Assessment

If you do not meet the listing criteria, the SSA will conduct a Residual Functional Capacity (RFC) assessment to gauge your physical and mental capabilities. This assessment centers on your maximum capabilities rather than average or minimal capabilities. Furnishing comprehensive medical evidence that underscores your limitations is pivotal during this stage of evaluation.

The Five-Step Evaluation Process

StepEvaluation Process
1Substantial Gainful Activity (SGA)
2Evaluating the Severity of Your Condition
3Meeting a Social Security Listing
4Past Relevant Work
5Other Work in the National Economy

Step 1 – Substantial Gainful Activity (SGA)

The initial step in evaluating your disability claim entails determining whether you currently earn more than the permissible monthly threshold for working income. Substantial gainful activity (SGA) sets this threshold, with monthly gross earnings subject to yearly adjustments. In 2019, SGA was established at $1,220. Falling below this earnings threshold or not engaging in any employment will lead to a successful passage of Step 1.

Step 2 – Evaluating the Severity of Your Condition

Step 2 revolves around evaluating whether your medical condition exerts a significant impact on your ability to perform gainful work. The severity criteria are minimal, rendering it highly probable for most individuals afflicted with CMT to progress beyond this stage. Both physical and mental limitations, categorized as exertional and non-exertional limitations, are considered.

Step 3 – Meeting a Social Security Listing

If you meet a Social Security Listing, such as Listing 11.14, which pertains to peripheral neuropathy, and substantiate your claim with requisite medical evidence, you may be deemed disabled based solely on the severity of your condition. This listing necessitates the fulfillment of specific criteria, including disorganization of motor function or marked limitations in physical and cognitive functioning.

Step 4 – Past Relevant Work

Step 4 scrutinizes your capability to engage in past relevant work. Past relevant work encompasses any work performed at the substantial gainful activity (SGA) level within the preceding 15 years. If your RFC renders you incapable of resuming past work, you proceed to Step 5.

Step 5 – Other Work in the National Economy

In Step 5, the SSA assesses whether you can perform any other type of work within the national economy despite your limitations. If your limitations preclude not only your past work but also any other employment opportunities, you will be categorized as disabled in accordance with Social Security’s standards.

Seeking Legal Counsel for Your CMT Case

The Role of Experienced Disability Attorneys

Traversing the intricate landscape of Social Security Disability (SSD) benefits can be an intimidating endeavor, particularly when dealing with a condition like CMT. An adept Social Security Disability Attorney can serve as an invaluable resource, illuminating your rights and advocating for the benefits to which you are entitled.

Free Consultation at the LaBovick Law Group

At the LaBovick Law Group, we comprehend the challenges associated with CMT and the impediments it presents to gainful employment. We extend complimentary consultations to assess your circumstances and determine whether SSD benefits align with your needs. Do not hesitate to reach out to us today; your pursuit of answers and potential benefits entails no risk but promises substantial gain.

Conclusion on ‘Is CMT a Disability’?

In conclusion, the question of whether CMT is a disability is one that many individuals face. This comprehensive guide has shed light on the potential eligibility for Social Security Disability (SSD) benefits for those affected by Charcot-Marie-Tooth (CMT) disease. By gaining insights into the intricate nature of CMT and the SSD evaluation process, you can embark on a journey towards obtaining the financial support necessary to navigate life with this challenging condition. If you have inquiries or require assistance, do not hesitate to contact experienced disability attorneys who can guide you through the process and champion your rights.

FAQs about Is CMT a Disability?

What Is Charcot-Marie-Tooth (CMT) Disease?

In your introduction, briefly explain what CMT is and why it might be considered a disability. Use relevant keywords like “CMT disease” and “disability benefits.”

How Do I Qualify for Social Security Disability (SSD) Benefits with CMT?

Address the eligibility criteria for SSD benefits in the context of CMT. Mention key terms such as “SSD benefits,” “eligibility,” and “CMT.”

What Are the Early Signs and Symptoms of CMT?

In the section describing the symptoms of CMT, emphasize common early signs and symptoms. Include keywords like “early signs of CMT” and “CMT symptoms.”

Why Should I Consult a Disability Attorney for My CMT Case?

Highlight the importance of seeking legal counsel and the role of experienced disability attorneys in the process. Use phrases like “disability attorney,” “legal assistance,” and “CMT case.”

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Premises liability

PREMISE LIABILITY

$450,000

James was searching for equipment for painting at Home Depot. In the aisle next to him, there was a worker on a lift stocking the highest shelf. The worker pushed boxes so far across the shelf that they fell off the other edge and hit James in the head. The force almost knocked James unconscious. He sat down and the loud bang got the worker off the ladder to see what fell. When they saw James they offered him a bucket and made a report. James did not recall leaving the store or how he got home. He did not recall much except being at home depot and getting hit in the head. Home Depot told him that it was a small box of dust masks that hurt him. We discovered it was actually a large box of emergency kits that fell off the shelf.

Personal injury

PERSONAL INJURY

$850,000

In this case, our client slipped and fell on water that had accumulated near the hot tubs/showers on the Lido deck of a major cruise line ship. The client suffered torn ligaments to her shoulder that required 2 arthroscopic surgeries. The cruise line took the position that the condition on the floor was open and obvious.

Premises liability

PREMISES LIABILITY

$980,000

Georgia was visiting a friend in the hospital when she walked out of the elevator and into her friend’s room. As soon as she entered the room she slipped on a newly mopped floor without any wet floor sign present. The floor was so wet that Georgia’s entire outfit was soaked. Because of the muted tile floor, the water was invisible. Georgia needed a back operation which was unsuccessful and caused her to slip into a coma. She luckily survived.

Motor vehicle accident

MOTOR VEHICLE ACCIDENT

$1.1 MILLION

AUTOMOBILE REAR END COLLISION

Rodrigo was driving his work truck home when he was rear-ended at a stoplight. Rodrigo needed a fusion of his thoracic spine. A terrible and complex operation. Unfortunately, while Rodrigo was undergoing the spinal operation, one of his children died and he was unable to be with his grieving wife. It was a tragic case that eventually settled.

Bicycle vs car accident

BICYCLE VS CAR ACCIDENT

$1.45 MILLION

David was a teacher at a local high school. He rode his bike to school in the morning and after school would ride another 10 miles for exercise. On a sunny afternoon on his way home an older driver turned right into him as he was riding down the street. He hurt his shoulder and neck and needed two operations. Defendant felt his injury was due to playing football 10 years earlier and would not provide him a fair or reasonable offer.

Car vs commercial truck accident

CAR VS COMMERCIAL TRUCK ACCIDENT

$3.4 MILLION

Joe was driving his 18 wheeler on the Florida Turnpike headed south after a long-haul run.  He was “bobtailing” which means he did not have a cargo trailer on the back of his truck rig.  A drunk driver lost control of his car causing Joe to avoid the accident but drive off the highway and into a canal.  He was injured in the accident but also witnessed a child die when he climbed out of the truck and came to the accident site.  There the injured child was trapped under the car and he was powerless to save the child before it passed.

Auto accident T-Bone

AUTO ACCIDENT T-BONE

$4.5 MILLION

Xao, a Vietnamese immigrant was driving home after work at night to see his pregnant wife. He stopped at a 4-way intersection and looked both ways. He did not see anyone in either direction. As Mr. X when through the intersection he was hit on the passenger side door by a mid-sized black SUV driving without their lights on. Mr. X was catastrophically injured.

Personal injury

PERSONAL INJURY

$8.2 MILLION

This was a hard-fought pedestrian accident case, in which our client was struck by an SUV driven by a teen driver, as they attempted to cross North Military Trail in West Palm Beach, FL. As a result of the accident, our client suffered numerous fractures, partial loss of vision and frontal lobe brain injury that affected his speech, and other personal injuries that required him to be hospitalized for 58 days.

At the time of the accident, our client was a cashier at Walmart and has been unable to return to work.

“This case is the epitome of what we consider part of our Core Culture and broad vision – which is to be Warriors for Justice,” stated Brian LaBovick. “Mr. Jacobus has serious permanent injuries and will continue to fight to regain his life into the foreseeable future. This verdict will allow him to get the professional help he needs to safely navigate the rest of his life.”

Medical malpractice

MEDICAL MALPRACTICE

$15 MILLION

Brain damages child due to medical negligence.  Mother was misdiagnosed upon entry to the hospital while under contractions.  The child was born severely disabled.