Social Security Disability & Multiple Sclerosis: the MS ‘Listing’

The path to Social Security Disability benefits is almost invariably long and difficult. An individual’s disability must have progressed to the point where they can no longer engage in gainful employment — and only then can the application be submitted. The decision process often takes up to two years.

Those two years are often the most difficult of an applicant’s life, when the transition from a life of work is complicated by the uncertainty of a pending application. In an earlier guide, Social Security Disability: The Basics, I outlined the application process generally. This article focuses on the listing the Administration provides for multiple sclerosis, and how it affects the decision-making process.

Generally, a disability applicant must prove they have a condition that prevents gainful employment of a certain degree of difficulty. This age-based standard often makes it harder for younger individuals to obtain benefits. For certain medically diagnosed conditions, however, the Administration has issued “listings” that provide a secondary method of proving disability. One such listing — neurological listing 11.09 — directly addresses multiple sclerosis.

1 · Extreme limitation of physical function

To qualify under physical limitations alone, a person must show an extreme limitation in physical function. According to the SSA, such limitations include an inability to stand up from a seated position, an inability to maintain balance while standing (requiring a walker or two canes), or an inability to use the hands to sustain pinching, handling, and gripping in a work-like capacity.

2 · Marked limitation of motor function & cognition

If physical limitations do not rise to the level of “extreme,” the claimant must show both physical and cognitive loss rendering them markedly limited. Marked physical limitations are less severe than extreme limitations, but still cause persistent symptoms that seriously limit the ability to sustain activity. We anticipate judges will incorporate chronic-fatigue limitations here — a claimant may be able to balance or use their hands for short periods, but will quickly tire and experience diminished capacity.

Importantly, if physical limits are only “marked,” a cognitive loss rising to the level of “marked” must also be shown. The SSA defines this as serious limitations in the ability to function effectively on a sustained basis — including understanding, remembering, interacting with others, concentrating, and maintaining pace. Again, we anticipate that cognitive fatigue will factor in.

What changed — and who it affects

Other issues addressed in the prior version of the MS listing, such as visual dysfunction from optic neuritis, are now interpreted under other portions of the listing. The largest change affects individuals with chronic and premature fatigue but minimal cognitive dysfunction: assuming the fatigue is not “extreme” as defined by the SSA, these individuals will face greater challenges obtaining approval.

These standards are recently revised and remain living documents, interpreted regularly. If you have questions or need assistance, you are welcome to contact our office to discuss whether a listing claim is appropriate, or whether your claim should be pursued under the traditional guidelines — at (610) 570-5253 or jhall@jrhlegal.com.