Information for Meniere’s Disease Disability Claims
1) This is what the Social Security Administration uses as a guide to determine your level of disability for Meniere’s disease under THEIR guidelines:
Disability Evaluation Under Social Security
(Also known as the “Blue Book”)
Listing of Impairments – Part A
Vertigo associated with disturbances of labyrinthine -vestibular function, including Meniere’s disease. These disturbances of balance are characterized by an hallucination of motion or a loss of position sense and a sensation of dizziness which may be constant or may occur in paroxysmal attacks.
Nausea, vomiting, ataxia, and incapacitation are frequently observed, particularly during the acute attack. It is important to differentiate the report of rotary vertigo from that of “dizziness” which is described as light- headedness, unsteadiness, confusion, or syncope.
Meniere’s disease is characterized by paroxysmal attacks of vertigo, tinnitus, and fluctuating hearing loss. Remissions are unpredictable and irregular, but may be long- lasting; hence, the severity of impairment is best determined after prolonged observation and serial reexaminations.
The diagnosis of a vestibular disorder requires a comprehensive neuro-otolaryngologic examination with a detailed description of the vertiginous episodes, including notation of frequency, severity, and duration of the attacks.
Pure tone and speech audiometry with the appropriate special examinations, such as Bekesy audiometry, are necessary. Vestibular function is accessed by positional and caloric testing, preferably by electronystagmography.
When polytomograms, contrast radiography, or other special tests have been performed, copies of the reports of these tests should be obtained, in addition to reports of skull and temporal bone X- rays.
2.07 Disturbance of Labyrinthine- Vestibular Function (Including Meniere’s disease), characterized by a history of frequent attacks of balance disturbance, tinnitus, and progressive loss of hearing. With both A and B:
A. Disturbed function of vestibular labyrinth demonstrated by caloric or other vestibular tests;
and
B. Hearing loss established by audiometry.
2) Info and Links
Disability Info., ADA, Dept. of Education and Dept. of Labor information
DISABILITY
Legal advice should be obtained only from a licensed attorney, preferably one that specializes in Social Security Disability.
1. U.S. Americans with Disabilities Act (ADA).
Note that the ADA does not guarantee jobs to people who are disabled or who become disabled. Rather, the ADA requires covered employers to provide reasonable accommodations to those employees (or applicants) who are disabled, or who are perceived to be disabled, to enable them to perform jobs that they could not otherwise perform.
An employer is under no obligation under the ADA to employ a person in a job that the person cannot perform with reasonable accommodations, nor is an employer required to provide extraordinary accommodations to a disabled employee.
Enforcement. The ADA is enforced either by the U.S. Department of Justice (DOJ) or by the U.S. Equal Employment Opportunity Commission (EEOC), depending on the circumstances.
U.S. Equal Employment Opportunity Commission.
Enforcement Guidance Under the ADA.
U.S. Department of Justice (DOJ).
According to the DOJ website, the DOJ enforces the ADA in these areas:
Title I: Employment practices by units of State and local government,
Title II: Programs, services and activities of State and local government, and
Title III: Public accommodations and commercial facilities
(private businesses and non-profit service providers).
ADA Document Center. Very comprehensive.
Meniere’s Disease and the ADA.
By S. Weiss, United Cerebral Palsy Associations
2. U.S. Social Security Administration (SSA).
Note that SSA has two disability programs: SSDI (Social Security Disability Insurance) for folks who are covered by social security and SSI (Supplemental Security Income) for folks who are *not* covered by social security.
The “Blue Book” (the cover is blue) (“Disability Evaluation Under Social Security”) is the official SSA publication that lists diseases and conditions for which SSA disability is available. Meniere’s Disease is listed as a disabling condition.
You can find general information on social security disability at the Social Security Administration and this is the link to the SSA Blue Book.
We have extracted the section on Meniere’s Disease (and other useful information) from the 1/2001 edition of the “Blue Book” here.
3. U.S. Department of Labor (DOL).
Family and Medical Leave Act (FMLA).
FMLA “Home Page” at U.S. DOL.
4. U.S. Department of Education (DOE)
Rehabilitation Act of 1973, as amended.
The DOE, through the Rehabilitation Services Administration (RSA), Office of Program Operations (OPO), is responsible for administering the Rehabilitation Act through state vocational rehabilitation (VR) agencies.
There is a specialized branch for deafness and communicative disorders. Services offered under the Rehabilitation act are varied and range from training to grants for the purchase of equipment. You might inquire whether you qualify for exotic hearing aids or other equipment to help to keep you employed.
At least one, unconfirmed, anecdotal report suggests that exotic hearing aids are possible, without regard to income or wealth, if necessary and appropriate to keep you employed. We suggest that you contact your state vocational rehabilitation (VR) agency to get the official word.
5. U.S. Department of Veterans Affairs (VA). Court Case from VetView
You can read Terry’s story here.
- If you would like a copy of our Meniere’s Disease Study Guide, please click here. This guide is a step by step journey exploring your symptoms and what may be causing them.
- If you would like more information on the system that David, and numerous others, have used, please click here; What Finally Worked.
- If you have any health questions or concerns, please feel free to Contact Us and we will be happy to share our knowledge and ideas with you.
Karin Henderson, Retired Nurse
(604) 463-8666 – Pacific Standard Time