I have varicose veins…so what?

While varicose veins are just plain annoying for many of us, you may not have known that they can be a good reason to apply for Social Security disability (SSD) benefits. You may be thinking I’m crazy, but after reading the ins and outs of varicose veins I think you will understand.

What exactly are varicose veins?

Varicose veins are twisted, enlarged veins near the surface of the skin. They are commonly located in the legs and the ankles. For most of us, they are not serious,  but at times they can lead to more serious conditions, including chronic venous insufficiency or deep vein thrombosis.

What causes varicose veins?

These veins are caused by structural abnormalities of blood vessels. A vein’s primary function is to carry blood back to the heart. One-way valves are used to avoid the backflow of the blood. Sometimes these valves can become weakened or defective, thus allowing backflow of blood within the vein. When the valves are not working properly blood will collect in the vein, and pressure will build up. This causes the veins to weaken, and become large and twisted. Some typical causes of varicose veins include being overweight, pregnant, having a job where you stand for long periods or time or having a family history of this condition.

What are some symptoms of varicose veins?

These veins typically look dark blue, swollen and twisted under the skin. Mild symptoms include heaviness, burning, aching, tiredness or pain in your legs; swelling in feet or ankles, or itching over the vein. Serious symptoms can include severe pain and swelling, skin changes, and even open sores.

How are varicose veins treated?

For milder symptoms, you may only need to wear compression stockings, elevate your legs, avoid long periods of standing or sitting, and implement an exercise regimen. For the more serious conditions, you might consider sclerotherapy, laser treatment, radiofrequency treatment or surgery. These treatments will either close off the vein or destroy the vein altogether.

How can varicose veins be used to apply for Social Security disability benefits?

Only those with severe symptoms, like swelling, skin changes and ulcers, are eligible to apply for disability benefits due to a varicose veins condition. Oftentimes, the more severe varicose veins lead to other more serious conditions, like chronic venous insufficiency.

What is chronic venous insufficiency?

One complication from varicose veins is chronic venous insufficiency (CVI). CVI occurs when the venous wall and/or valves in the leg veins are not working properly, making it difficult for blood to return to the heart from the legs. Valves often become damaged and allow blood to leak backward, pooling in the veins. Valve damage can occur from age, sitting or standing for long periods of time, and family history.

You may be thinking CVI sounds pretty similar to the most severe cases of varicose veins. CVI often occurs in these serious situations. However, CVI more commonly occurs as a result of deep venous thrombosis (DVT). DVT is a blood clot that develops deep in the vein located in the thighs or lower legs. When a blood clot develops, it restricts the flow of the blood to the area, causing painful redness, burning and swelling.  Blood clots are particularly dangerous because they can break off and become stuck in various parts of the body, including the lungs, brain and heart, which can cause an embolism. It is difficult to win a disability claim with the only DVT. However, it is possible to win your case if you develop chronic venous insufficiency.

Either of these conditions, DVT or varicose veins, can develop into CVI. CVI is one of the many conditions the Social Security Administration (SSA) has deemed to be so serious that if you meet the criteria you will be almost immediately approved for disability benefits.

How can CVI fast-track a patient to be accepted for SSD benefits?

Accurate and extensive documentation is required as proof for your disability. It is vitally important to meet with a medical provider, so you can have that proof of the condition. CVI is typically diagnosed by a review of the symptoms and also can be confirmed through an ultrasound reading of blood flow.

The criteria required for CVI are noted in the Blue Book Listings. To meet or equal this listing you must have been diagnosed with CVI and experience one of the following complications:

1.   Severe swelling of the legs, involving at least two-thirds of the leg between the ankle and knee, or the distal one-third of the lower extremity between the ankle and hip.

    2.   Cramping, burning, or itching of the legs, scaling of the legs, or wounds that are non-healing for at least 3 months of prescribed treatment.

You can still be approved for disability benefits if your varicose veins do not meet or equal the listing for chronic venous insufficiency.

The SSA will look at all of the evidence and decide if your impairment and related symptoms are so severe that it prevents you from working. To do this, they consider what your residual functional capacity (RFC) is. Your RFC is the most you can do in spite of your functional limitations — how much activity can you actually do? If your symptoms are severe enough, it may prevent you from sitting, standing, or walking for certain periods of time. This may interfere with everyday functions or typical job duties. If your RFC is limited enough you may qualify for benefits using a medical-vocational allowance. It is unlikely that varicose veins alone will limit your RFC. However, varicose veins combined with chronic venous insufficiency may get you past that hurdle.

If you do not meet the listing requirements, your case will become a bit more complicated. You should consider seeking help from an attorney or representative to navigate you through the RFC structure.

It’s easy to get started

Fill out the form or call us at 561-888-8888

Meet your legal team

We fight to win you more

It’s Easy to Get Started

Fill out the form or call us at 561-888-8888

Meet your legal team

We fight to win you more

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.