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11/12/2008 - Posted by:
Lyle M. Clark, Jr., Attorney at Law
Phone: 425-452-3092
Fax: 425-949-5434
Mobile: 425-922-7004
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45-year old woman with multiple sclerosis wins two years of back benefits by appealing onset date.

My client had suffered from relapsing-remitting multiple sclerosis for many years and had no worked for about four years.  She had typical symptoms, including chronic fatigue and weakness when she was in remission and other more severe symptoms when her condition was in relapse.  After each relapse, her condition was worse than before.  Her claim for disabilility insurance benefits was initially denied.  Shortly thereafter her doctor diagnosed progressive multiple sclerosis.  I submitted a requested reconsideration and her claim was allowed, but only as of the date her diagnosis was switched from relapsing-remitting to progressive MS.  As a consequence, she only received a few months of past-due benefits.  We therefore requested as hearing to contest the onset date.  At the hearing the administrative law judge found my client to be credible and found her disabled as of a date that was two years earlier than the original onset date.

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