CMT Simplified

Applying for Disability with CMT

• Hereditary Neuropathy Foundation

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Wading through the Social Security Disability Benefits process feels like navigating a bureaucratic labyrinth—one that becomes even more daunting when you're dealing with Charcot-Marie-Tooth disease. From chronic muscle weakness to mobility challenges, CMT sufferers face enough hurdles without fighting government red tape.

This episode cuts through the confusion, offering a specialized roadmap for CMT patients seeking disability benefits. We break down the two distinct pathways—SSDI (tied to your work history and FICA contributions) and SSI (needs-based with strict financial requirements)—and explain critical differences in waiting periods, payment amounts, and healthcare access. While SSDI requires five months before your first payment and a staggering two-year wait for Medicare, SSI offers immediate Medicaid eligibility despite its lower monthly payments and tight asset restrictions.

The heart of our discussion examines the five-step evaluation process used by Social Security, revealing why initial denial rates approach a shocking 90%. We walk through each step: the earnings threshold, severity requirements, medical listings, past work assessment, and the "mythical, hypothetical" test of whether any job exists nationwide that you could theoretically perform. For CMT specifically, we examine how the condition gets evaluated under peripheral neuropathy listings and why most cases win or lose at steps four and five.

Most crucially, we share the documentation strategies that transform denial into approval. Beyond diagnosis, you need objective medical evidence translating symptoms into functional limitations—EMG studies, gait analysis, and the all-important Residual Functional Capacity form that connects your medical reality to work capabilities. We explore how age transforms approval chances through the "grid rules," why consistent medical records matter, and how attorneys working on contingency can dramatically improve your odds at the critical hearing stage.

Ready to tackle the system? Listen now, take notes, and prepare to advocate effectively for the benefits you deserve.

Learn more at: https://www.hnf-cure.org/cmt/patient-resources/legal-rights-and-benefits/

Thanks for listening! Learn more at hnf-cure.org and subscribe for more updates on CMT research and advancements.

SPEAKER_02:

Welcome to the deep dive. Today we are uh wading into something pretty complex. It's the Social Security Disability Benefits Process.

SPEAKER_00:

Aaron Powell, which is often, let's be honest, a bureaucratic nightmare.

SPEAKER_02:

Exactly. And we're not just looking at it broadly, we're focusing specifically on um on getting benefits if you're affected by Charcot-Marie tooth disease, CMT. We want to provide a kind of tailored roadmap.

SPEAKER_00:

Yeah, because when you're dealing with something like CMT, you know, the chronic muscle weakness, the sensory loss, mobility issues, the last thing you need is fighting this mountain of SSA bureaucracy. It really can feel like impossible red tape.

SPEAKER_02:

So our mission today.

SPEAKER_00:

To cut through that noise, we've looked at guidance from disability attorneys, CMT foundations, and we've tried to distill the uh the really critical facts. What you need to know about eligibility, the claims process itself, which can be brutal, and the specific medical evidence you need for a CMT claim to actually succeed.

SPEAKER_02:

Aaron Powell Okay, so we've got this stack of sources, and right off the bat, they make it clear. It's not just one single path to getting disability benefits.

SPEAKER_00:

Aaron Powell Nope. There are two main ways, and it really depends on your work history and um your financial situation.

SPEAKER_02:

Aaron Powell Let's break that down. The first one, the most common, is SSDI.

SPEAKER_00:

Right. Social Security Disability Insurance. That's the one tied to the work you've done and the FICA taxes you've paid over the years.

SPEAKER_02:

Aaron Powell So you have to be insured, meaning you've paid in enough.

SPEAKER_00:

Exactly. Typically, the rule of thumb is contributions in 20 out of the last 40 quarters, so like five of the last 10 years. But that can vary a bit depending on your age when you become disabled.

SPEAKER_02:

Aaron Powell And that work history matters because the amount you get from SSDI is based purely on your lifetime earnings record.

SPEAKER_00:

Correct.

SPEAKER_02:

But here's a major stress point, especially with a progressive condition like CMT, this waiting period.

SPEAKER_00:

Ah, yes. The five-month waiting period. You have to be disabled for five full months before you're eligible for your first payment. No benefits during that time.

SPEAKER_02:

Five months with no income, potentially?

SPEAKER_00:

Yeah.

SPEAKER_02:

And then there's a health care wait.

SPEAKER_00:

Even longer. Much longer. Medicare eligibility only starts after 29 months of being disabled.

SPEAKER_02:

29 months.

SPEAKER_00:

Which, yeah, means you've already been receiving the cash benefits for 24 months, two full years before Medicare kicks in.

SPEAKER_02:

Wow. For someone needing specialized neurological care for CMT, that is, that's a huge risk. A massive gap.

SPEAKER_00:

It's one of the biggest challenges, honestly, bridging that healthcare gap.

SPEAKER_02:

Aaron Powell, which brings us to the alternative path, SSI.

SPEAKER_00:

Aaron Powell Right. Supplemental security income. This is for people who aren't insured under SSDI. Maybe they didn't work enough or paid enough FICA taxes, perhaps they're younger.

SPEAKER_02:

And SSI is purely needs-based. Trevor Burrus, Jr.

SPEAKER_00:

Extremely needs-based. The financial restrictions are very tight. You have to show significant financial need.

SPEAKER_02:

Aaron Powell What does that mean in practice, like asset limits?

SPEAKER_00:

Aaron Powell Yeah, very low asset limits. According to the sources, it's around$2,000 for a single person,$3,000 for a married couple.

SPEAKER_02:

Aaron Powell That's not much.

SPEAKER_00:

It's not. But, and this is important, they generally don't count your primary home or uh usually one car against that limit.

SPEAKER_02:

Aaron Powell Okay, that's crucial. And the payment.

SPEAKER_00:

It's capped. The sources mentioned a federal maximum of around$841.00 a month, though some states might supplement that.

SPEAKER_02:

But the big advantage here, the good news, as the sources put it.

SPEAKER_00:

Instant Medicaid eligibility.

SPEAKER_02:

Uh-huh.

SPEAKER_00:

So if you qualify for SSI, you generally qualify for Medicaid right away. And for ongoing CMT treatment, physical therapy, that immediate healthcare access can be absolutely vital. Life-saving, really.

SPEAKER_02:

So two different systems SSDI based on work, SSI based on need, different money sources, different financial rules. But, and this is key, once you actually apply the medical definition of disability they use. Trevor Burrus, Jr.

SPEAKER_00:

It's identical.

SPEAKER_02:

Identical for both SSDI and SSI.

SPEAKER_00:

Yep. They use the exact same five-step evaluation process to determine if you meet the medical requirements.

SPEAKER_02:

Trevor Burrus Okay, so let's talk about that standard. What is the definition of disability for Social Security? It's not just about having CMT, right? Trevor Burrus, Jr.

SPEAKER_00:

Not at all. Trevor Burrus And it's not just about being unable to find a job either. The legal definition is very specific. Trevor Burrus, Jr.: It's the inability to engage in substantial gainful activity, SGA, because of a medically determinable physical or mental impairment.

SPEAKER_02:

Trevor Burrus, Jr.: Okay. Substantial gainful activity, SGA. That's the same thing. That sounds like earning money.

SPEAKER_00:

Trevor Burrus Exactly. That's step one of their evaluation. It's the financial hurdle. If you're earning over a certain amount per month, they figure you're engaging in SGA and you're just not eligible for disability benefits. Trevor Burrus, Jr.

SPEAKER_02:

And that amount is.

SPEAKER_00:

For this year, it's$1,350 per month. If you earn more than that, generally the claim stops right there, denied.

SPEAKER_02:

Aaron Powell$1,350. That's a pretty low threshold, especially for someone trying to maybe work part-time while their condition progresses.

SPEAKER_00:

Aaron Powell It really is. There are some exceptions, like for shelter employment, but generally that's the cutoff.

SPEAKER_02:

Aaron Powell And the impairment itself.

SPEAKER_00:

Yeah.

SPEAKER_02:

It has to be long-term. Right. Yeah.

SPEAKER_00:

That's baked into the definition too. The impairment must be expected to result in death, or it has to have lasted or be expected to last for a continuous period of at least 12 months.

SPEAKER_02:

Aaron Powell So if your doctor thinks you might get better in, say, six or eight months.

SPEAKER_00:

Then you don't meet the duration requirement, claim denied.

SPEAKER_02:

Okay. So step one is SGA, are you working above the limit? If no, then step two is severity.

SPEAKER_00:

Correct. Step two asks, is your medical condition severe? Does it significantly limit your basic work-related activities?

SPEAKER_02:

Aaron Powell And this is designed to?

SPEAKER_00:

To uh basically weed out claims where the limitations are only minor. If your CMT symptoms, for example, are very mild and don't really interfere much with basic functions, they might deny the claim at step two. It has to be severe and again expect it to last 12 months.

SPEAKER_02:

Aaron Powell So you have to show it really impacts you.

SPEAKER_00:

Aaron Powell Right. It forces you to make sure your medical records clearly show the functional impact of the CMT, not just the diagnosis itself.

SPEAKER_02:

Aaron Ross Powell Okay. Assuming you clear step one, SGA, and step two, severity, now you're actually in the process. And our sources describe this as, well, an administrative gauntlet.

SPEAKER_00:

Aaron Ross Powell That sounds about right. It's typically a three-step administrative process and it can be agonizingly slow.

SPEAKER_02:

Aaron Powell And the timelines vary wildly depending on where you live.

SPEAKER_00:

Hugely. Caseloads differ, processing times differ. Being in Tampa versus Miami versus Chicago can mean months or even years of difference in wait times, makes planning almost impossible.

SPEAKER_02:

Aaron Powell So step one of the process is the initial application. You file your claim, it gets reviewed by the SSA's state level agency, often called disability determination services or something similar, working under SSA rules.

SPEAKER_00:

Aaron Powell And this is where the statistics get, well, pretty grim.

SPEAKER_02:

Aaron Powell Yeah, the attorneys cited in our sources gave a shocking number. They said as many as, what was it, 90%?

SPEAKER_00:

Aaron Powell 90 percent. Nine zero can be denied at this initial stage.

SPEAKER_02:

Aaron Powell 90 percent. That's unbelievable. It feels like the system is set up to deny.

SPEAKER_00:

Aaron Powell The sources suggest the reviewers are often um sort of looking for technicalities, reasons to deny. It sounds like attrition might be part of the strategy, frankly.

SPEAKER_02:

Aaron Powell What are the common reasons for denial right out of the gate?

SPEAKER_00:

Aaron Powell Simple stuff, often missing medical records. The application doesn't fully explain what your past jobs actually involve. Or maybe your doctor supports you but hasn't provided the specific kind of documentation the SSA needs.

SPEAKER_02:

Aaron Powell So if you get that initial denial, which is highly likely.

SPEAKER_00:

You have 60 days. 60 days to file for step two, request for reconsideration, miss that deadline, and you have to start all over again.

SPEAKER_02:

Back to square one.

SPEAKER_00:

Yep. And the really demoralizing part this reconsideration is usually done by the same state agency folks who denied you the first time. Aaron Powell So the outcome is often predictably often the same. Another denial rate hovering near 90%, according to these sources.

SPEAKER_02:

Aaron Powell Why even have this step then?

SPEAKER_00:

It's required. And the big mistake people make here is not updating their file. You have to tell Social Security about any new doctor visits, new tests like EMGs, any worsening of your symptoms, any changes in how you function day to day. New evidence is key.

SPEAKER_02:

Okay, so initial application denied, reconsideration denied. What's left?

SPEAKER_00:

This is the crucial stage. Step three request for a hearing before an administrative law judge in ALJ.

SPEAKER_02:

This is where you finally get to talk to a judge.

SPEAKER_00:

Yes, although nowadays talk often means a phone hearing, though video and in-person options are becoming more common again post-COVID. But the key thing is the ALJ is independent. They are not bound by those earlier denials.

SPEAKER_02:

A fresh set of eyes.

SPEAKER_00:

Exactly. This is genuinely your best chance for approval, especially for complex cases like CMT.

SPEAKER_02:

But the downside is the wait time.

SPEAKER_00:

Oh, the bait. It can take uh 16 to 24 months, sometimes longer from when you first applied just to get that hearing date scheduled.

SPEAKER_02:

A year and a half to two years. Or more. That's brutal.

SPEAKER_00:

It is. And approval rates vary a lot depending on the specific judge you get assigned. That information is actually public, by the way.

SPEAKER_02:

Aaron Powell Interesting. And this hearing stage, this is where having representation like an attorney becomes really critical.

SPEAKER_00:

Aaron Powell Absolutely essential, according to all our sources. The attorney's quoted basically said a person who represents himself has a fool for a client. The process is complex, the rules are specific, and the ALJ hearing involves legal procedure, presenting evidence, often cross-examining vocational experts.

SPEAKER_02:

It's not just telling your story.

SPEAKER_00:

Aaron Powell Not at all. The lawyer's job is to understand the SSA's rules and translate your medical reality, the impact of CMT, on your ability to function into the specific legal terms and evidence the ALJ needs to see.

SPEAKER_02:

And how do lawyers get paid for this? It sounds expensive.

SPEAKER_00:

Aaron Powell That's actually regulated by the SSA. Disability lawyers work on contingency. They only get paid if you win your case and are awarded back benefits.

SPEAKER_02:

Aaron Powell Back benefits, meaning the money accumulated while you were waiting.

SPEAKER_00:

Exactly. Their fee is taken directly out of that back pay and it's capped. It's either 25% of the back benefits or$6,000, whichever amount is lower.

SPEAKER_02:

Aaron Powell So a maximum of$6,000 and only if they win for you.

SPEAKER_00:

Correct. It's a one-time fee set by law, which minimizes the financial risk for the claimant. And statistics generally show having representation significantly increases the chances of approval.

SPEAKER_02:

Aaron Powell Okay, that makes sense. Let's drill down into how the ALJ and the reviewers before them actually decide the medical part. You mentioned the five-step sequential evaluation.

SPEAKER_00:

Yes, this is the core test used at every stage. We already covered the first two steps. Aaron Powell Right.

SPEAKER_02:

Step one, SGA. Are you earning too much? Step two, severity. Is your CMT severe enough? What's step three?

SPEAKER_00:

Step three is uh kind of the potential shortcut, it asks. Does your impairment meet or equal a listing in the SSA's Blue Book of Impairments?

SPEAKER_01:

The blue book.

SPEAKER_00:

Yeah. It's a catalog of medical conditions considered severe enough to prevent work. If your condition exactly matches the criteria for one of these listings, you're basically automatically approved. An automatic win.

SPEAKER_02:

Is CMT listed by name?

SPEAKER_00:

No, it's not. But because it's a progressive neurological disorder, it often gets evaluated under the listing for peripheral neuropathy, which is listing 11.11. It's a sort of body systems approach.

SPEAKER_02:

Aaron Powell Okay, so how do you meet listing 11.14 for peripheral neuropathy based on CMT? What do you have to prove?

SPEAKER_00:

Aaron Powell It's a very high bar. You need to show uh significant disorganization of motor function in two extremities, like both legs or both hands or one of each. Aaron Powell Disorganization of motor function, meaning it results in an extreme limitation in your ability to do basic things like stand up from a seated position, balance while walking or standing, or use your upper extremities for fine and gross movements. Think about severe foot drop impacting balance or hand weakness making it impossible to grip or type.

SPEAKER_02:

Extreme limitations. That sounds very disabling.

SPEAKER_00:

It is. Or alternatively, you can meet the listing if you have marked, which is less than extreme, but still very significant limitation in physical functioning, plus a marked limitation in one of four mental areas.

SPEAKER_02:

Aaron Powell Mental areas like concentration.

SPEAKER_00:

Yes. Things like understanding information, interacting with others, concentration persistence pace, or adapting and managing oneself.

SPEAKER_02:

Aaron Powell So physical and mental components could meet the listing.

SPEAKER_00:

But the key is We have to meet every single element of the criteria in the listing. Check every box. If you miss even one part, you don't meet the listing.

SPEAKER_02:

And realistically, for most CMT claims.

SPEAKER_00:

Realistically, most CMT claims don't meet the strict listing criteria. It's just set very high. So they move on to the next steps.

SPEAKER_02:

Which are step four and step five. This is where most cases are decided.

SPEAKER_00:

Absolutely. This is the heart of it for conditions like CMT. Step four asks, can you still do any of your past relevant work?

SPEAKER_02:

Aaron Ross Powell Meaning jobs you've held in the last 15 years.

SPEAKER_00:

Right. They look at all the jobs you did in the 15 years before you became disabled. Then they assess your current limitations, your residual functional capacity or RFC, and ask, could you do the least demanding of those past jobs, considering both physical and mental requirements.

SPEAKER_02:

The lightest one you had.

SPEAKER_00:

Physically lightest and intellectually simplest, yes. If the answer is yes, you could still do that job, your claim is denied. If no, you move to the final step.

SPEAKER_02:

Step five. And this is the one the source is called.

SPEAKER_00:

The mythical, hypothetical, not real world test. Yeah. Step five asks Considering your age, your education, your work experience, and your remaining functional capacity, your RFC, is there any other work that exists in significant numbers in the national economy that you could adjust to and perform?

SPEAKER_02:

Any other work, anywhere in the country.

SPEAKER_00:

Basically, yes. It's not about whether a job is available near you or if you'd be hired. It's a theoretical question. Do jobs exist that someone with your specific profile, age, education, RFC, could theoretically do?

SPEAKER_01:

And this is where age becomes a huge factor. You mentioned the grid rules.

SPEAKER_00:

Yes, the infamous grid rules. These are tables the SSA uses primarily at step five. They really kick in significantly once you turn 50, and even more so after 55 or 60.

SPEAKER_02:

How do they help older claimants?

SPEAKER_00:

Essentially, if you're over 50, limited to, say, sedentary work, sitting most of the day, and you don't have skills that easily transfer to sedentary jobs, the grid rules might direct a finding of disabled. They sort of acknowledge that it's harder for older workers to adapt to new, lighter types of work.

SPEAKER_02:

So being over 50 gives you a bit of an edge in this step.

SPEAKER_00:

A significant edge, yes. For younger claimants, say under 50, the SSA assumes you're more adaptable. They expect much stronger evidence proving you can't do any job, not even the simplest, most basic sedentary work.

SPEAKER_02:

So for someone younger with CMT, the burden of proof at step five is incredibly high. They have to show they can't even sit at a desk and do simple tasks.

SPEAKER_00:

Pretty much. They need really concrete evidence that no work options exist for them given their limitations.

SPEAKER_02:

Okay, that really highlights why the evidence is so critical. Let's talk about the keys to actually winning a CMT claim, especially at these later steps. Fact number one seems to be severity, not just diagnosis.

SPEAKER_00:

Absolutely fundamental. You can have a confirmed CMT diagnosis, but if your records don't show how it severely limits you, the SSA won't approve the claim. They need objective proof. Objective proof like EMG and nerve conduction studies showing the nerve damage, gait analysis documenting foot drop or balance problems, balance testing, detailed orthopedic or neurological exam findings, quantifying muscle weakness, sensory loss, atrophy, things they can measure.

SPEAKER_02:

Data, not just descriptions.

SPEAKER_00:

Exactly. Data that proves the CMT is functionally disabling you from working.

SPEAKER_02:

And the key document for translating that medical data into work limitations seems to be this residual functional capacity form, the RFC form.

SPEAKER_00:

Yes. This is probably the single most important piece of evidence for winning at steps four and five. Doctors, you know, they didn't go to medical school to fill out SSA forms.

SPEAKER_02:

Right. They use medical terms.

SPEAKER_00:

And the SSA needs answers about work functions. Like how many hours exactly can you sit in an eight-hour day? How long can you stand or walk? Can you stoop, bend, lift? How is your ability to grasp, handle finger objects affected by CMT?

SPEAKER_02:

So the attorney often provides a specific form.

SPEAKER_00:

Often, yes. Experienced attorneys will use a specialized RFC form, frequently one tailored for peripheral neuropathy, and guide the neurologist on how to fill it out completely, connecting the specific CMT symptoms directly to these functional work limitations. That form becomes the cornerstone of the argument at the hearing.

SPEAKER_02:

Aaron Powell It sounds like the claimant needs to be a really active participant in gathering this proof.

SPEAKER_00:

Oh, definitely. You have to be a good team player with your doctors. Which leads to another key point. Inconsistent records kill claims.

SPEAKER_02:

What does that mean?

SPEAKER_00:

It means you need to be diligent. See your neurologist regularly. Tell them about every fall, every time you need to use a cane or walker, even if it seems minor. Keep a daily symptom journal, pain levels, fatigue, specific difficulties you had.

SPEAKER_02:

And be careful with language.

SPEAKER_00:

Yes. The sources warn against using what they call weasel words in your doctor visits, saying things like, I'm feeling a bit better today, or the doctor noting, no new complaints can be misinterpreted by the SSA. If your underlying functional ability hasn't actually improved, be honest, but be consistently clear about your ongoing limitations.

SPEAKER_02:

Okay, consistency is key. Now, what about at the hearing itself? You mentioned vocational experts or VEs.

SPEAKER_00:

Right. The ALJ often calls a VE to testify about jobs, and a common problem is that VEs often misunderstand CMT.

SPEAKER_02:

How so?

SPEAKER_00:

They might just see peripheral neuropathy and assume it's mild, or not fully grasp the progressive nature, the fatigue component, the impact of poor grip strength or foot drop on even seemingly simple tasks. They might testify that you can still do certain sedentary jobs. So the attorney's job then is to challenge that VE testimony forcefully. To cross-examine the VE, using the medical evidence and the RFC form, to show why those suggested jobs are actually impossible for someone with the claimant's specific CMT limitations. Explaining how fatigue prevents maintaining pace, or how poor grip rules out assembly work, or how balance issues make even getting to a workstation difficult.

SPEAKER_02:

Making the mythical step five test very real.

SPEAKER_00:

Exactly. Connecting the dots for the judge.

SPEAKER_02:

So wrapping this up, this deep dive really gives you, the listener, a framework. You can see why those initial denial rates are so high.

SPEAKER_00:

And you understand the kind of very specific function-focused evidence needed for a condition like CMT. It's not just about the diagnosis.

SPEAKER_02:

No, it's about proving functional limitations through consistent objective documentation. That seems to be the core takeaway.

SPEAKER_00:

Documentation, documentation, documentation. It links your impairment directly to the SSA's definition of being unable to work.

SPEAKER_02:

And that brings us to our final provocative thought. We talked about step five, that mythical hypothetical test. Can you do any job in the national economy?

SPEAKER_00:

Right, the theoretical job that exists somewhere.

SPEAKER_02:

So the SSA might decide legally that yes, you can theoretically perform, say, widget sorter, a job that exists in large numbers nationally. But you know, living where you live, maybe those jobs aren't hiring. Or more importantly, you know, your CNT fatigue means you could never maintain the required pace for eight hours a day, five days a week.

SPEAKER_00:

That gap between the hypothetical legal capacity and the actual demands of a real world job.

SPEAKER_02:

Exactly. How do you bridge that gap? Our system relies on that RFC form to define your capacity. So the question for you is how can you ensure your documentation, your RFC, paints such a clear and compelling picture of your limitations that it makes even that mythical job seem realistically impossible for you? That's the strategy to ponder as you navigate this process.