We who battle Meniere’s Disease (MD) on an almost regular basis already know firsthand the regular struggles faced on a regular basis. One question recently asked in one of my support groups was “Is my Meniere’s considered a disability?”
This question and a comment posted on a recent Instagram post prompted me to further research whether Meniere’s could be considered a disability.
The Social Security Administration does include Meniere’s disease in its Blue Book as a condition serious enough to qualify for disability benefits under the following criteria:
2.07 Disturbance of labyrinthine-vestibular function (including Ménière’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.
Good news, you are probably thinking, but actually receiving benefits is a hard road traveled.
Be aware at least 70 percent of applicants will not be approved the first time. There are likely going to be everything from endless appeals to hearings before a disability judge. The amount of time for applicants can range from months to years if they are eventually approved at all.
I’m not an expert so the only thing I advise for anyone choosing this option is to be patient and gather much documentation as possible – no matter how otherwise insignificant. I always stressed the point that sometimes having too much is better than too little. A smallest piece of information could easily turn a case into the applicant’s favor.
If you’ve already applied for benefits I wish you success; if you’re in the appeals process, don’t give up!
I also decided to do further reading on Meniere’s and the Americans With Disabilities Act (ADA). I found an interesting article in the Harvard Journal of Legislation titled, What is “Disabled?”: Ménière’s Disease and the Americans with Disabilities Act (ADA) The specific paragraphs outlined below caught my attention:
“The ADA does not provide protection for “every individual with an impairment who suffers an adverse employment action.”[4] Individuals bringing suit must prove by a preponderance of evidence that they have a disability.[5] “Disabled” status is defined by statute and occurs when an individual suffers from “a physical or mental impairment that substantively limits one or more of the major life activities.”[6] Hearing, walking, and working are among the statutorily-defined major life activities that may be potentially affected by Ménière’s Disease.[7]
In order to prove a “substantial impairment,” an individual must demonstrate that the impact of the “disability” is permanent or long-term.[8] American courts often follow a long-standing rule that intermittent manifestations of disease processes are insufficient to establish a substantial limitation on a major life activity.[9]
Simply being diagnosed with Ménière’s Disease is not sufficient to warrant “disabled” status under the ADA.[10] “
In other words, Meniere’s can be tough to prove in a disability suit (e.g. Perkins v. St. Louis County Water Company,[11] ; McGuire v. Miami-Dade County.[17] ), making specific documentations and descriptions extremely important should one be convinced they were/are not legally accommodated by their employer or potential employer under ADA guidelines.
A vague description of your MD case can easily get it dismissed so something as detailed medical reports or keeping journals of your “attacks”(complete with dates, how long the attacks lasted, how it affected your duties, etc.) can work in your favor.
Meniere’s is a tricky chronic illness; therefore, keeping track of important details is a must in case issues do arise.
While few employers may be sympathetic toward workers with MD, many more are usually hard pressed to provide reasonable accommodations. I’ve heard and read many stories of MD patients whose careers were reduced or ended as results of the disease.
MD as a disability can be a shaky debate but other options are available for those who can no longer be part of the everyday “physical” workforce yet still battling to receive disability benefits.
Virtual employment is rising thanks to our current technology age. Rev.com offers some work but has been described as more of “side gigs.”
However, if you have a Facebook account, I highly recommend its Virtual Workers of America group. It’s public, free to join, and always lists legitimate virtual employment opportunities – some from well-known companies!
Comments and feedback are always welcome. I would love to hear from other MD patients who struggle in daily work life, especially those dealing with this disease longer than I have. Also, if you have any other resources to offer us fellow MDers, please feel free to post them – let’s help each other along this dizzy highway!
The Dizzy Author 