When Can I Claim Disability Benefits for Gastroparesis?
To qualify for SSI or SSDI, you must show that your gastroparesis symptoms are serious enough to stop you from working a substantial amount at any job.
Social Security doesn’t have a specific listing for gastroparesis in its Listing of Impairments, often called the Blue Book. That leaves two main paths to approval.
Meeting the weight-loss listing. If gastroparesis causes severe weight loss despite treatment, your claim may qualify under Listing 5.08, “Weight loss due to any digestive disorder.” You would need a body mass index (BMI) below 17.50 on at least two evaluations taken at least 60 days apart within a six-month period.
Showing that you can’t work. When a gastroparesis-related claim doesn’t meet a listing, such as the one for weight loss, Social Security looks at your residual functional capacity (RFC), meaning what you can still do despite your symptoms. Frequent vomiting, unscheduled breaks, missed workdays and fatigue can all show that you can’t keep a job.
Just stating that your gastroparesis is severe won’t be enough. The Social Security Administration (SSA) will need to see objective evidence, including medical records.
Items that can strengthen your claim include:
- Your doctor’s diagnosis and assessment of your everyday functioning
- Records of hospitalization for severe malnutrition, uncontrolled vomiting, dehydration or other gastroparesis symptoms
- Documentation of weight loss, dehydration issues and electrolyte imbalances over time
- Evidence of related conditions such as diabetes or autoimmune diseases
- Results of gastric emptying studies
- Lab tests that show nutritional deficiencies
- Upper GI X-rays and endoscopy results
- A detailed treatment history, including medications, dietary therapies and other attempts you made to control symptoms
- Evidence that your symptoms previously interfered with work tasks or that you needed accommodations, such as extra breaks or a reduced workload
- Statements from anyone who has witnessed your health struggles firsthand
The fatigue, malnutrition and dehydration caused by gastroparesis can make any job difficult. This evidence, combined with your real-life examples of how your symptoms make day-to-day life harder, can be the basis of a persuasive disability claim.
Get started with a FREE gastroparesis disability claim evaluation.
Can I Work Part Time With Gastroparesis and Still Get Benefits?
You may be able to work part time and still get benefits, but only within strict limits.
We understand why you would want more money to supplement your benefits payments, but this can get tricky.
Social Security uses a measurement known as substantial gainful activity, or SGA, to determine if you can work enough to support yourself.
Earning more than a monthly limit that Social Security sets each year can indicate that you can support yourself without benefits.
So even if your gastroparesis symptoms occasionally subside and allow you to work a small amount, you need to be careful.
Our Georgia disability lawyers won’t just help you build your disability claim. We can help you protect your monthly benefits and medical coverage once you’re approved.
What Should I Do If My Gastroparesis Claim Gets Denied?
Even if you offer evidence and believe that your symptoms are obviously debilitating enough to qualify you for benefits, your gastroparesis disability claim could still be denied.
In recent years, only around 35% to 40% of initial disability applications in Georgia have been approved. The good news is that Social Security gives you multiple chances to appeal.
You need to act quickly. You have just 60 days to appeal after being denied disability benefits.
Be ready to take these steps:
Step 1: Review your denial letter.
When you get denied benefits, Social Security will send you a letter detailing why your claim was rejected. It could have been a lack of medical evidence or gaps in treatment. Or Social Security may believe medication and diet changes could control your gastroparesis well enough for you to do sedentary work, such as a desk job.
Sometimes the letter and the SSA’s reason for denying you aren’t clear. That’s when it’s helpful to have an experienced Athens disability attorney on your side who can interpret them for you.
Whatever the reason for your denial, we can help you figure out what you can do better during your appeal.
Step 2: Update your evidence.
Even if you weren’t denied due to a lack of evidence, take this opportunity to update your claim with any new evidence or items that you forgot to include before.
Information about your treatments and recent test results can be especially helpful.
One big obstacle facing gastroparesis disability claims is that Social Security often thinks that gastroparesis isn’t a long-term health issue and that your symptoms will improve with treatment.
Showing that you’ve made efforts to alleviate your symptoms and still face health struggles can make your claim more convincing.
Step 3: Talk to a Georgia disability lawyer and request reconsideration.
If you haven’t already talked to a Social Security Disability attorney, now’s the time to meet with one.
We’ll help you request reconsideration, the first chance to appeal, within the 60-day deadline. Recent approval rates at this stage are low, around 10% to 15%, but requesting reconsideration keeps your claim alive.
If you get denied again, we’ll represent you at your disability hearing in front of an administrative law judge. If the judge denies your claim, we’ll help you navigate the next steps in your appeal.
We understand how much work it takes to win disability benefits. We’ve helped thousands of hardworking Georgians just like you.
Whether you’re in Atlanta, Savannah, Augusta or anywhere else in the state, the disability lawyers in our Athens office are ready to help.
We’re here to guide you through this process, from your initial application to appeals.
Get to Know Silver & Archibald Disability Attorneys
Legal cases involving your health struggles are highly personal matters. When you’re looking for help, you want someone who treats you with the personal care, respect, and dignity this moment requires.
Answers to Common Questions About Social Security Disability
Social Security Disability is a huge program with a vast set of rules. As a resource for you as you sort out your disability claim, the disability lawyers at Silver & Archibald have prepared answers to some of the most common questions people have.
Common Disability Benefits Questions »
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