Legal Question in Social Security Law in Ohio

Vision Loss disability

I have a eye codition called Uveitis, this is an auto immune disorder. I have been denied my SS claim twice, I am now requesting a Hearing before a Law Judge. When I orignally filed my vision was 20/40 & 20/80 that was almost a year ago, at the time of my reconsideration I provided medical records showing that my vision had decreased to 20/400 in both eyes with correction. It was my beleif that SS requires 20/200 or worse with correction, which my vision has been worse than that for the last six months. When SS says that they go by a list of Disabilitys, or one that is comparable to your condition, I'm wondering if perhaps my physican's should state auto-immune rather than the technical term of Uveitis ( A broad term, used for swelling ) Is auto immune a reconized dieases on their list ? Any advice you could share would be greatly appreciated.


Asked on 9/01/00, 4:03 am

1 Answer from Attorneys
Carolyn Press Chung & Press. P.C.

Re: Vision Loss disability

One of the categories of disorders which may result in a finding of disability is Immune System disorders. The regulations include specific provisions for a number of immune system impairments including systemic lupus, vasculitis, sclerosis, and HIV, and a few more, but not for some of the more rare and lesser known, such as uveitis. With a disorder such as uveitis, which may result in severe and rapid damage to the eyes as well as complications related to other systemic diseases associated with uveitis, I would look first to the standard for disability based on impairment to the eyes, specifically what they call "impairment of central visual acuity." You are right, there should be a finding of disability if the remaining vision in the best eye, after the best correction which can be had, is 20/200 orless. Based on this, if your vision is as you say after the best correction, you should be found disabled. I wouldn't stop there, however, but would produce evidence of any other impairments related to any other associated disease, and any other impairments, no matter how minor they may seem, which might have even the slightest limiting effect on your ability to function. You should be represented by an experienced disability lawyer when you go to a hearing, and you should be sure that the lawyer understands something about your condition.

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Answered on 10/04/00, 4:35 pm


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