Posted by: Gabrielle | 02/04/2010

Claimant is between a rock and a hard place!

As a disability lawyer, I represent lots of claimants with lots of different disabilities.  However, I have one right now who is really stuck between a rock and a hard place.

The claimant is a 55-year old man with kidney disease – renal failure.  This disease runs in his family, having affected his mother and two siblings.  He does not want to undergo dialysis yet and has chosen to try natural herbal remedies.  However, he is on a list for a kidney transplant because it apparently takes a few years to get a kidney and by that time he will need it.

The herbal treatment is helping some.  He is tired all the time but manages to take care of his activities of daily living.    Because of his fatigue, it his doctor’s opinion that he would be unable to hold a job.

The problem?  Social Security agrees that he has renal failure, but because he won’t agree to dialysis, they say he is not eligible for disability benefits.   Huhhh?

His hearing is coming up in a couple of weeks.  I’ll post the results as soon as we get them.

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