To meet Listing 11.09, you must document severe motor function loss or marked physical and mental limitations that prevent work for at least 12 months. Most denials occur because medical records fail to link MS symptoms to specific functional limitations. Winning a claim requires tying your clinical imaging and neurologist notes directly to your inability to perform basic work tasks on a sustained basis. An attorney can help you build a case that meets these standards.
What this listing covers
Multiple sclerosis is a chronic disease where your immune system attacks the protective covering of nerves in your brain and spinal cord. This process disrupts communication between your brain and the rest of your body, leading to a wide range of symptoms that vary from person to person.
In daily life, MS often causes profound fatigue, muscle weakness, and coordination problems. These symptoms can make it impossible for you to stand for long periods, walk safely, or perform the fine motor tasks required for most jobs, such as typing or handling small objects.
How SSA evaluates a claim under this listing
Under Listing 11.09, the SSA evaluates whether your MS causes a total loss of motor function in two extremities, which makes it impossible for you to stand, balance, or use your hands effectively for work.
Alternatively, the SSA considers if you have a marked limitation in physical functioning combined with a marked limitation in mental areas like concentrating or interacting with others. Your condition must be documented to last or be expected to last for at least 12 months despite your adherence to your doctor's prescribed treatment plan. An attorney can help you navigate these specific evidentiary requirements.
Evidence that strengthens a claim
To strengthen your claim, you need comprehensive medical records that include an MRI or other imaging confirming your diagnosis. Your file should also contain detailed clinical notes from your neurologist that describe your specific symptoms, the frequency of your flare-ups, and how your body responds to prescribed medications.
Non-medical evidence is also vital. Statements from family members or former coworkers about your daily struggles, such as your inability to walk without a cane or your difficulty focusing on tasks, provide a real-world picture of your limitations. A detailed work history can further show how your symptoms have prevented you from sustaining employment. An attorney can help you gather this evidence to build a stronger case.
Why claims fail
Many claims are denied because your medical records fail to link specific symptoms to functional work limitations. The SSA often rejects applications that lack consistent documentation of how your MS affects your ability to perform basic tasks like sitting, standing, or following instructions. Without clear evidence that your condition persists despite treatment, the agency may conclude your impairment is not severe enough to prevent all work. An attorney can help you ensure your records clearly demonstrate these limitations.
How an attorney helps
A disability attorney helps by ensuring your medical records clearly map to the criteria in Listing 11.09. They work with your doctors to obtain functional capacity statements that explain exactly why your MS prevents you from working a full shift. By organizing your evidence and preparing you for potential hearings, an attorney helps you present the most accurate case possible to the SSA.
