Winning Isn't Easy: Social Security ®
Nancy L. Cavey, a seasoned attorney with over forty years of experience, explains the complex world of filing for Social Security Disability benefits. Filing for disability can be a confusing, life changing event, so with her deft expertise, Nancy will guide you through:
- The ins-and-outs of qualifying for Social Security Disability benefits (such as age and insurance requirements).
- Information regarding the process and lifespan of a claim, from the initial application to the request for hearing stages.
- Traps one can fall into while navigating the Social Security Administration's step-by-step Sequential Evaluation.
- Insights, overviews, and claimant stories regarding disease-specific content (ranging from commonplace ailments such as workplace injuries or accidents, to difficult to diagnose illnesses such as fibromyalgia, multiple Sclerosis, and POTS).
- Pertinent news happening in the disability world, and
- Much, much more.
Each episode of our podcast Winning Isn't Easy: Social Security ® will expose you to invaluable tips and tricks for surviving the disability claims process (a system that is often wrought with pressures and pitfalls designed to encourage you to give up the benefits you rightfully deserve). As the host, Nancy will often be joined by guest speakers who themselves are industry experts, ranging from lawyers specializing in related fields and doctors focusing on the diagnosis and treatment of specific diseases, to our associate attorney Krysti Monaco.
In her late teens, Nancy's father was diagnosed with leukemia. As someone who witnessed firsthand the devastating emotional and financial impact on both individual and family that being disabled and filing for benefits can have, Nancy is not just an attorney, but an empathetic presence who understands what you are going through.
Do not let disability insurance carriers rob you of your peace of mind. As a nationwide practice, The Law Office of Nancy L. Cavey may be able to help you get the disability benefits you deserve, regardless of where in the United States you reside. Remember - let Cavey Law be the bridge to your benefits.
Check out the links below to engage with us elsewhere:
Website - https://caveylaw.com/
YouTube - https://www.youtube.com/user/CaveyLaw
Winning Isn't Easy: Social Security ®
What You Have to Prove to Get Social Security Disability Benefits for Restless Leg Syndrome
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Welcome to Season 2, Episode 5 of Winning Isn't Easy: Navigating Your Social Security Disability Claim. In this episode, we'll dive into What You Have to Prove to Get Social Security Disability Benefits for Restless Leg Syndrome.
Many people pursuing Social Security Disability benefits are frustrated by how difficult it can be to prove conditions that don’t always appear obvious on exams or imaging. Restless Leg Syndrome is a common example. While RLS can cause uncontrollable leg movements, disrupted sleep, chronic fatigue, and impaired daytime functioning, these claims are often closely scrutinized by the Social Security Administration under SSDI and SSI rules. In this episode of Winning Isn’t Easy, we take a practical look at how RLS is evaluated in disability claims and why these cases can be challenging to win. We explain how RLS symptoms affect functional capacity, what makes RLS medically determinable, and how sleep disruption and fatigue factor into the SSA’s analysis of your ability to work. We break down the evidence that matters most, including medical records, sleep studies, residual functional capacity assessments, and documentation of daily limitations. We also walk through the Five-Step Sequential Evaluation process, common reasons RLS claims are denied, and strategies for filing, appealing, and strengthening your case. By the end of the episode, you’ll have a clearer understanding of how to present an RLS claim, what evidence carries weight, and how to improve your chances of securing the disability benefits you deserve.
In this episode, we'll cover the following topics:
One - Understanding Restless Leg Syndrome and the Five-Step Sequential Evaluation
Two - Four Things You Need to Know About How to Prove Your Social Security Disability Claim as a Result of Restless Leg Syndrome
Three - Filing Your Claim, Handling Denials, and Working with an Attorney
Whether you're a claimant, or simply seeking valuable insights into the disability claims landscape, this episode provides essential guidance to help you succeed in your journey. Don't miss it.
Listen to Our Sister Podcast:
We have a sister podcast - Winning Isn't Easy: Long-Term Disability ERISA Claims. Give it a listen: https://wiedisabilitypodcast.buzzsprout.com
Resources Mentioned In This Episode:
LINK TO YOUR RIGHTS TO SOCIAL SECURITY DISABILITY: https://mailchi.mp/caveylaw/your-rights-to-social-security-disability-benefits
FREE CONSULT LINK: https://caveylaw.com/contact-us/
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Need help with your Social Security Disability claim? Have questions? Please feel welcome to reach out to use for a FREE consultation. Just mention you listened to our podcast.
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Please remember that the content shared is for informational purposes only, and should not replace personalized legal advice or guidance from qualified professionals.
Nancy Cavey [00:00:11]:
Hey, do you suffer from restless nights because of an overwhelming urge to move your legs? If so, proving to the Social Security Administration that restless leg syndrome prevents you from working can be challenging but not impossible. Welcome back to Winning Isn't Easy, Social Security Disability Benefits. This is the podcast where we break down everything you need to know about navigating the Social Security system. I'm your host, Nancy Cavey. Before we get started, I've got to give you a legal disclaimer. This podcast isn't legal advice. The Florida Bar Association says I have to tell you this. And now that I've given you that disclaimer, nothing will prevent me from giving you an easy-to-understand overview of the Social Security disability claims process, the games that are played, and what you need to know to get the disability benefits you deserve.
Nancy Cavey [00:01:00]:
So off we go. Now, today I'm going to take a closer look at a medical condition that can frustrate a lot of people who are applying for their Social Security disability benefits— restless leg syndrome. Now, most people know that severe physical, psychiatric, or cognitive limitations can qualify you for your Social Security Disability or SSI benefits. But what many people don't realize is that conditions like Restless Leg Syndrome, which involves uncontrollable leg movements, disrupted sleep, and daytime fatigue, require very specific documentation and the right approach to prove that you meet the 5-step sequential evaluation test that Social Security uses at every stage of a case. Now, maybe you've been dealing with a constant urge to move your legs, poor sleep quality, or even daytime exhaustion that can make even doing simple tasks overwhelming. These symptoms, in my view, can be just as disabling as more visible conditions. But the Social Security Administration will scrutinize restless leg syndrome claims closely. They're going to be asking for detailed medical evidence, functional assessments, and specialized forms that we Social Security lawyers have developed that they'll never tell you about, and certainly your doctor probably doesn't know about.
Nancy Cavey [00:02:27]:
And here's where it gets tricky. While Social Security Disability and SSI are designed to help you from a financial standpoint and from a medical standpoint, the documentation that's required in this kind of a claim, I think, is a bit different than what we would see in a claim for like a herniated disc or a shoulder problem or a lung problem or a heart problem. So in my view, proving that restless leg syndrome is disabling means you've got to do a really good job of documenting in your medical records your symptoms, the kinds of testing that you've had to document the diagnosis and document the severity of your restless leg syndrome. And what in fact you have in terms of other medical conditions that are either caused by the restless leg syndrome or impacted by the restless leg syndrome. Because obviously, ultimately, at the end of the day, it's all about establishing at step 4 that you can't go back to the lightest and simplest job you were doing during the 5 years before your claim is decided. And at step 5, which is where these cases are really decided, that there isn't other work in the mythical, hypothetical, not real-world national economy that you wouldn't want to do, does not pay a living wage, in view of your age, education, skills, and your functional restrictions and limitations. And that's physical and cognitive. So that ultimately means the right documentation in your medical records.
Nancy Cavey [00:04:07]:
It demands, in my view, a residual functional capacity form completed by your doctor for restless leg syndrome and a legal strategy that will make the difference between winning or losing your claim. So in today's episode, I'm going to break down how Social Security evaluates these claims. I'm going to start with the symptoms and the effect on daily functioning. I'm going to walk you through the 5-step sequential evaluation test. I'm going to cover, I think, the 5 most important things you need to prove to support your claim. And I'm going to finish with filing a claim, dealing with denials and appeals, appearing in front of a judge, and then obviously working with an experienced attorney. My goal at the end of this podcast is for you to have a clear understanding of how to present a restless leg syndrome claim to Social Security, the evidence that matters, documentation of your limitations, and how to give you your best chance of securing the benefits you deserve. So I'm going to talk about 3 things today.
Nancy Cavey [00:05:09]:
Number 1, understanding restless leg syndrome and the 5-step sequential evaluation test. Number 2, the 4 things you need to know about how to prove your Social Security disability claim because of restless leg syndrome. And number 3, we're going to talk about legal stuff, filing your claims, dealing with denials, uh, potentially appearing in front of a judge and working with an attorney. Got it? Let's take a break for a moment before we come back to this episode regarding restless leg syndrome.
Speaker B [00:05:40]:
Are you considering filing for Social Security Disability or has your claim been denied already? Either way, you require a copy of Your Rights to Social Security Disability Benefits, which will cover everything You Need to Know About the Social Security Disability Claims Process. Request your free copy of the book at kvlaw.com today.
Nancy Cavey [00:06:19]:
Welcome back to Winning Isn't Easy. Understanding Restless Leg Syndrome and the 5-step sequential evaluation test used in a Social Security claim. Now, what is Restless Leg Syndrome? It's a neurological condition that's characterized by an overwhelming urge to move your legs. You might have the sensation of creeping, pulling, itching, burning, or throbbing, and it can range from mildly unpleasant to downright painful. Now, RLS is classified as a sleep disorder because of the constant need to move your legs interferes with your ability to sleep. You probably wake up in the morning feeling exhausted and like you've never slept a wink. As a result, you might have excessive daytime sleepiness or other symptoms that cause you to be unable to work. So what are the symptoms that Social Security expects to see in your medical records of sleep deprivation caused by Restless Leg Syndrome? Well, because restless leg syndrome causes poor sleep quality, you might experience that daytime drowsiness and a lack of focus and clarity.
Nancy Cavey [00:07:28]:
So in addition to the physical symptoms that you have, you might also experience memory impairment, forgetfulness, and even depression. But do all of these symptoms qualify you for Social Security disability benefits? Now remember, you paid into the Social Security system with your FICA withholdings, and the question becomes, do you meet the 5-step sequential evaluation test? And this is the test that's used to determine your entitlement to benefits. So let's review the 5-step sequential evaluation process. Requires, number 1, that you have a medical condition that will keep you out of work for at least a year or more. Number 2, that your medical condition is in fact a permanent condition. Number 3, that your medical condition is covered by the Listing of Impairments and meet the applicable criteria, evaluated, if you will, through a book called the Blue Book or the Guide to Impairments. Now, I will tell you that 90% of people do not meet a Listing. If you did meet a Listing, that would be fantastic because your benefits would automatically be awarded.
Nancy Cavey [00:08:37]:
But the reality is that doctors didn't go to medical school to learn how to write a report for Social Security or documenting your medical records, the various symptoms that Social Security might want to see to meet a Listing. So 90% of these cases are decided at steps 4 and 5 of the 5-step sequential evaluation test. At step 4, the issue is, can you go back to the simplest and lightest job you held in the 5 years before your claim is decided. And at step 5, where most of these cases are decided, the question is, are you unable to perform other work in the mythical, hypothetical, not real-world national economy in view of your age, education, transferable skills, and whatever your restrictions and limitations might be? So now that we've got the basics down, the 5-step sequential evaluation process, let's take a break. But while we're taking a break, I want you to go get a pen and a pad so that we could talk about the 4 key things you need to prove to support your restless leg syndrome Social Security disability claim. So let's take a quick break. Welcome back to Winning Isn't Easy. Let's talk about the 4 things you need to prove in your Social Security Disability claim as a result of restless leg syndrome.
Nancy Cavey [00:10:13]:
Number 1, key medical evidence. You have to have medical evidence that your restless leg syndrome is linked to an imbalance of dopamine, which promotes smooth muscle movement., and an imbalance of the dopamine production or a disturbance of the pathways in the body that allows the transport of the dopamine can cause these involuntary movements that are characterized with RLS. Now, what the Social Security Administration is going to be looking for is the diagnosis, and it's made based on your complete history, physical examinations, testing, rule-out And they probably are going to expect sleep apnea testing and lab testing in addition to documentation of a disturbance in the dopamine levels that you have. Now, what is the type of testing that is going to be crucial in your case? Well, I think based on my experience, is Social Security is going to want to see that you have gone— undergone a polysomnogram, an EEG and EON, an EMG, EKG, arterial blood gas studies. Those are the kinds of studies that Social Security is going to expect that will be the basis, the objective basis of the diagnosis and elimination of other causes. Now, it is not uncommon for folks who have RLS to have other medical conditions. We want to develop each one of these medical conditions individually and then collectively. So let's say you have an underlying condition like a cardiac condition.
Nancy Cavey [00:11:58]:
The Social Security Administration is going to want to see the objective basis of the cardiac diagnosis, the testing that corroborates the cardiac condition, and ultimately the restrictions and limitations. Now sometimes there is an interaction between RLS and underlying medical conditions, and it would be helpful if your doctor can comment on the interaction. We want Social Security to evaluate the RLS, other medical conditions, but we want them to look at you as a whole person and evaluate your ability to do your past work or other work. Number 2, restrictions and limitations. Now, once you've established an objective basis for the diagnosis, you you have to establish that the RLS causes restrictions and limitations that impact your ability to do your past work or other work in the national economy. And I think that there are a number of ways to go about that. Objectively, your doctor may, as I've said, suggest the diagnostic studies, but the diagnostic studies help not only corroborate the diagnosis of RLS, but can also help corroborate the severity of your symptoms and the nature of your functional restrictions, limitations. So there are times when I want the doctor to actually comment on the testing results and how they impact functionality and how they are a measure of functionality.
Nancy Cavey [00:13:27]:
Now, you may also undergo a functional capacity evaluation. If you're having cognitive issues, you may undergo psychological treatment, including testing or even neuropsychological testing to document the level of your cognitive impairment. We want to make sure that your doctor is documenting your restrictions and limitations in your medical records. And quite frankly, I've read many, probably millions of medical records over the course of my career, and I rarely see that in the context of a narrative medical report, which is why we want your doctor to complete residual functional capacity forms that we lawyers have created. And we have one for restless leg syndrome that's going to quantify your ability to sit, stand, walk, stoop, bend, lift, deal with questions about exhaustion and how that impacts your need to take breaks, whether you might be off task because of concentration issues, whether you might miss time from work. So So I want my clients to take to their treating physicians a Restless Leg Syndrome residual functional capacity form and ask them to complete it. Number 3, claiming additional health conditions caused by your restless leg syndrome that would entitle you to the benefits. So as I've indicated, it's not uncommon for sleep disorders to cause other serious health conditions that can be disabling, even if your underlying sleep disorder or RLS isn't disabling.
Nancy Cavey [00:15:00]:
And these conditions can include heart conditions such as heart attacks, heart disease, heart failure, irregular heartbeat. You might have had a stroke. You might have diabetes. Now, there are other medical conditions that are also associated with RLS. Parkinson's, iron deficiencies, kidney failure, diabetes, as I've said, peripheral neuropathy. So we want to understand the underlying diagnosis of the restless leg syndrome. We want to understand if there are other underlying diseases that impact the RLS. And we also want to understand the interaction of these diseases in combination.
Nancy Cavey [00:15:45]:
So individually, restless leg syndrome, individually, for example, Parkinson's, the combined impact of both of those. So we just don't want to concentrate on one medical condition. We want to concentrate on all of them. And of course, don't forget that medications and drugs can aggravate or even worsen the symptoms of RLS. So it is really crucial that your medical records be comprehensive—symptoms, location, duration, intensity, frequency—and then, of course, the physical, cognitive, or psychological restrictions and problems that you have as a result of each one of these medical conditions, be it Restless Leg Syndrome or any other myriad of conditions that you have, be it heart disease, diabetes, Parkinson's, whatever. So the strategy is going to be to develop the restrictions and limitations from each medical condition and then argue to Social Security or to a judge that each medical condition individually qualifies you for your benefits under the 5-step sequential evaluation. Or that the combination of all these problems qualify you. So that's number 4, the combination of underlying sleep disorders that cause the restless leg syndrome and any additional conditions.
Nancy Cavey [00:17:06]:
I think of it sort of, if you will, you know, let's say, you know, you're making spaghetti. You know, you start out with onions, you start out with the garlic, you start to add the meat, then you add the tomatoes, then you add the seasoning. You got to have sort of all of that to make a really good spaghetti sauce, if you will. So, you know, think of it in that way. You know, the onion might be the restless leg syndrome. The garlic might be a cardiac condition. You know, the— it might be Parkinson's. It might be diabetes.
Nancy Cavey [00:17:42]:
But the combination is the argument that you are disabled as a result of the totality of your circumstances. So your sleep apnea can cause the restless leg syndrome, which in turn causes fatigue and headaches and cognitive issues. If you've got a heart condition, that could also be caused or impacted by a sleep disorder. That limits your ability to lift, stand, and sit. You might have shortness of breath with or without exertion. So it's the combination of and the interaction of these conditions that might qualify you for your Social Security benefits or even make a good pot of spaghetti sauce. So we want the Social Security Administration to consider each of these disabling medical conditions individually and in combination. Now, once you've established, you know, the basics here, 5-step sequential evaluation elements, what about filing that claim and dealing with denials or dealing with a judge and working with an experienced attorney? We're going to cover that in our next segment.
Speaker B [00:18:44]:
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Nancy Cavey [00:19:29]:
Deserve. Welcome back to Winning Isn't Easy. Let's talk about the hard part of a Social Security Disability claim, filing that blasted claim, dealing with denials, having to potentially face a judge, and having to hire a Social Security Disability attorney. You can hear, based on all the things I've covered, that this is not an easy claim to win without representation. So before you stop work and file a claim, you owe it to yourself to learn more about the 5-step sequential evaluation process, the strength of your case, what needs to be proven, and develop a winning legal strategy. Obviously, what's in your medical records is going to make the day, uh, and is going to confirm not only the diagnosis but the severity of your medical condition. And, you know, when we are interviewing potential clients, we're listening to their story about not only the restless leg syndrome, but all the other associated medical conditions that they might have, how they impact their ability to do their own occupation, the job that they were doing or are doing and thinking about stopping. But we're also talking about the degree to which They need to document their medical symptoms and functionality and the important role of their physician in a claim.
Nancy Cavey [00:20:50]:
Now, unfortunately, based on today's political environment, there have been significant budget cuts and staffing issues, and it's taking a year and a half generally to get an initial application reviewed at the local DDS level, the initial application stage. I think that's outrageous, but that's an issue for a different episode. I want to use this time wisely. I want you to use this time wisely. We want to give that very good interval history to your doctors of symptoms and functionality based on the formula: symptoms plus location, duration, frequency, intensity, equals physical, cognitive, or psychiatric restrictions and limitations. So it really becomes incumbent upon you to give a really good interval history to your doctor of those things. Number 2, to continue to get the medical treatment. Number 3, to be compliant with that treatment.
Nancy Cavey [00:21:52]:
And then number 4, to get those residual functional capacity forms. The idea here is that when the claims examiner finally looks at the claim, they should have all the necessary evidence to make the right decision. But they may have gotten up on the wrong side of the bed, had a restless night, and they decide to deny every claim that comes across their desk because they've got hundreds of claims behind it. Now, I don't mean to be disparaging to the claims examiners at DDS, but when a claim is denied, it can be heartbreaking., and we have to file an appeal called a request for reconsideration. It goes back to the local DDS office and a new claims examiner is assigned. Now, again, the game here, if you will, is to continue to get the medical treatment, give that good interval history, and potentially get an updated residual functional capacity form. If your claim has been denied and you didn't hire a lawyer at the initial application stage, This certainly is the time to hire a lawyer. Now, if for some reason the claim gets denied again, then you have to file a request for a hearing of your denied request for reconsideration.
Nancy Cavey [00:23:10]:
Now, remember, you have 30 days after the initial denial to file that request for reconsideration— I'm sorry, 60 days— and you have 60 days to file after your request for reconsideration has been denied. If you miss that deadline, you have got to go back in line and we could be sitting here 2, 2.5 years after you filed that initial application. Hopefully it's not that long. But the point you need to understand is if you, if you have been denied at the recon stage, you definitely need a lawyer because you're going to be ending up in front of a judge. Now, judges are really looking for a reason to pay a well-developed and well-prepared claim. Well-developed is the things I said: medical treatment, good history, residual functional capacity forms, compliance with treatment. Well-prepared is where you and your lawyer are really preparing this case for trial. Now, in our firm, I send our clients a mock Social Security disability hearing video so they can see it.
Nancy Cavey [00:24:11]:
It's an hour long. You can't go in and watch one, but I want my clients to understand what's going to happen. I also have an hour-long video that I call the direct exam video, and in that video I generically go through the questions that are going to be asked and teach my clients how to truthfully tell their story to the judge of their symptoms and functionality. But I also give that document to my client asking that they complete the direct exam sheet. I also give them blank symptoms forms and say, all right, let's talk about your restless leg syndrome. Tell me the symptoms and functionality. Let's talk about any other medical issues you have— diabetes, cardiological issues, Parkinson's— because ultimately, at the end of the day, we want you to be prepared. And I have a practice session with my clients to make sure that not only they understand the logistics of the hearing, but that they understand the specific questions they're going to get based on the specific and unique facts of their cases so that they feel comfortable with what's going to happen.
Nancy Cavey [00:25:12]:
So in my view, preparation is really key. You can hear that it really helps to have an experienced Social Security disability attorney help you navigate not only the initial application, but if you have to deal with a request for reconsideration or a hearing, that can really make all of the difference in getting your benefits. Got it? Well, that's it for today's episode of Winning Isn't Easy. If you found this episode helpful, please take a moment to like our page, leave a review, and share it with your family or friends. And remember, please subscribe to this podcast. That way you're gonna get a notification when the new episode drops. Please join us next week for another insightful episode of Winning Isn't Easy. Thanks for listening.