Social Security Disability and Type II Diabetes

Hi. This is Jonathan Ginsberg. I would liketo talk to you today about how I approach Social Security disability casesinvolving Type II diabetes. Type II is the typically adult onset diabetes.It is not juvenile or Type I diabetes. That's really a separate type ofegory but Type II diabetes. Of course, we're seeing a lot of that becauseof diet, obesity, that type of thing, and so a lot of people have it.Of course, since diabetes is fairly common judges see it a lot. Soturnthey expect more from claimants with diabetes.

So really what I'm looking fora diabetescase or what I think helps win would be several things. One is you shoulddefinitely be compliant with your mediion. Ideally, you'd be on insulin.It's much more difficult to win a case when you're on the blood sugarpills without something else. So typically for a diabetes only case I'm lookingfor an insulin dependent diabetic. Someone who is compliant with takingthe insulin. It's not good enough to say anymore I can't afford my mediionand so I don't take it all the time or I don't like the way I feel.You've got to take the

mediions on time. You've got to be compliantwith who put the diet. Typicallya Type II diabetes case, your will give you a diabetic diet. American Diabetes Association Diet willrestrict your calories and limit your sugar and simple carbohyate intake.Very important to be compliant with that. If I seea medicalrecord that my client is not compliant, that he or she is inking alcoholor is not compliant with the diet, that makes it much more difficult towin. I think judges are looking for cases where there is neuropathy whichis painthe nerve. Typically,

that is that numbness and tingling you'llfeelyour hands or your feet andor blurred vision which is the retinopathywhere the vision is being affected. The capillariesthe eye are beingdamaged by the blood sugar fluctuations. We're also looking for situations where diabeteshas been longlasting. 10 years, 15 years because as you know diabetesis a progressive disease and the damage from the blood sugar fluctuationstends to accumulate. So if you've been diabetic for four or five yearsunless you really didn't know,

you were not compliant, didn't have mediionsand had a lot of damage very quickly, judges typically are lookingfor cases where somebody had diabetes for a number of years. I think someof the other things that judges look for and I've won cases with, peoplewho need to take frequent bathroom breaks. Obviously, diabetes causesa frequent need to urinate, having a lot of bathroom breaksexcessof what is normal which might be twice a day. That can be a real problem ina work environment, especiallyan unskilled work environment.

So that's one of the things that I ask myclients to keep track of. Variations and wild swingsblood sugar.I've had people tell me that low blood sugar is actually more debilitatingthan high blood sugar because it causes confusion and it's more difficult torecover from. So if your blood sugar fluctuates and you cannot keep it ata certain level, that's probably a stronger argument than one where the levelis a little bit high. It's may be a 150 blood sugar 125, but it's worse whenit goes from 40 or 60 to 300 and back and forth and so forth. So that'swhat I look for.