BENEFITS FOR CROHN'S OR INFLAMMATORY BOWEL DISEASES

There are problems for persons trying to work with an inflammatory bowel disease, such as Crohn's Disease or ulcerative colitis.

These conditions usually require very frequent breaks to use the restroom.  In fact, a worker may require a restroom be available at all times on very short notice.  This can be disruptive to the work process, cause excessive time off task and otherwise call for accommodations that the employer cannot meet.

Also, these bowel disorders may result in pain and medical treatment which will cause absences in excess of one or two days per month, the most generally allowed by employers.

When I argue for disability benefits based on inflammatory bowel disorders, I ask the court to consider issues of concentration, persistence and pace.  How often will flareups occur?  How much time will be required away from the work station?  How many days will the claimant be absent each month?  How would an employer deal with a worker's need to go to the restroom 6 or 8 times during an 8-hour shift?

In many cases, if the medical evidence shows a persistent and severe case of inflammatory bowel disease, the court will agree that it prevents full-time work on "a regular and consistent basis," which is the standard.  Therefore, disability benefits will be awarded.

It is important, to note, however, that judges are not willing to just accept subjective complaints.  They want medical evidence to support the claimant's statements and complaints.  Letters from former employers, co-workers or supervisors that validate the allegations can also be very useful.

THE FORSYTHE FIRM: SOCIAL SECURITY JUSTICE