Multiple Sclerosis and Long-Term Disability Claims

Multiple sclerosis (MS) is a chronic, progressive autoimmune disease that affects the central nervous system, including the brain, spinal cord, and optic nerves. Over time, MS can lead to debilitating symptoms that significantly interfere with daily functioning and the ability to maintain employment.

If your condition prevents you from working, you may qualify for long-term disability (LTD) benefits. This guide will walk you through how MS impacts work ability, what insurers look for in an LTD claim, and how to support your claim for benefits.

Types of Multiple Sclerosis

There are several types and subtypes of MS, each with different patterns of progression and symptom severity.

Common Forms of MS:

• Relapsing-Remitting MS (RRMS): The most common form, characterized by flare-ups (relapses) followed by periods of partial or full recovery (remission).
• Primary-Progressive MS (PPMS): A steady progression of symptoms without clear relapses or remissions.
• Secondary-Progressive MS (SPMS): Initially follows a relapsing-remitting pattern, then transitions into a more steadily worsening phase.

Rare Variants of MS:

• Tumefactive Multiple Sclerosis: This variant is marked by large lesions in the brain that resemble tumors on imaging scans. Because these demyelinated areas mimic brain cancer, a brain biopsy is often required to rule out malignancy.
• Balo’s Concentric Sclerosis: Named for the ring-like appearance of its brain lesions, Balo’s variant shows alternating bands of healthy and damaged myelin in a target-like pattern on MRI. This visual hallmark helps distinguish it from other types of MS.
• Marburg Variant MS: A highly aggressive and rare form of MS, the Marburg variant progresses rapidly and can be life-threatening without immediate intervention. It may cause severe neurological deterioration within weeks or months of onset.

Because MS symptoms can vary over time and from person to person, proving disability may be challenging, especially if you have periods of remission.

Qualifying for Long-Term Disability With MS

To qualify for LTD benefits, you must prove that your MS symptoms prevent you from performing your job—or, after a certain point, any job for which you are reasonably suited by your education, training, or experience.

Most LTD policies define disability in two stages:

• “Own Occupation” Period: You are unable to perform the material duties of your regular occupation.
• “Any Occupation” Period: You are unable to perform the duties of any gainful occupation for which you are qualified.

Because MS is often episodic, with periods of flare-ups and remission, insurers may scrutinize your claim more closely. They’ll evaluate:

• The frequency, severity, and duration of your relapses
• The time between relapses
• Any permanent impairments that persist even during periods of remission

Common Disabling Symptoms of MS

MS can affect nearly every part of the body. Some of the most disabling symptoms include:

• Balance and coordination problems
• Difficulty walking (ataxia)
• Weakness, tremors, or numbness in limbs
• Vision problems (blurry, double vision, or vision loss)
• Chronic fatigue
• Bowel and bladder dysfunction
• Slurred speech
• Cognitive impairment (memory loss, trouble concentrating)
• Emotional disturbances, including depression or mood swings
• Muscle stiffness or spasms

Even if your symptoms fluctuate, the cumulative impact on your ability to work can still qualify you for disability benefits.

Medical Evidence Needed for an MS Disability Claim

Objective Testing

To support your claim, you’ll need objective medical evidence confirming your diagnosis and showing how MS affects your functioning. This may include:

• MRI Scans: MRIs can detect MS on the brain and spinal cord.
• Lumbar Puncture (Spinal Tap): Helps rule out other conditions and may show changes in antibodies typical in MS patients.
• Evoked Potential Tests: Measure electrical activity in the brain in response to stimuli and can detect delays in nerve signals caused by MS.

Medical Records and Functional Reports

Your treating physician’s records should clearly document:

• Diagnosis of MS
• Type of MS and progression over time
• Treatment plans and responses
• Specific symptoms and how they impact your daily functioning
• Any complications, such as visual loss, chronic fatigue, or mental decline

If you’re claiming impairments like vision loss, cognitive decline, or speech problems, your file should include test results and clinical notes supporting those impairments.

How MS Limits Your Ability to Work

Physical Limitations

MS can significantly restrict your ability to perform physical job duties. These may include:

• Inability to stand or walk for extended periods
• Difficulty lifting or carrying objects
• Reduced grip strength or fine motor control
• Fatigue that interferes with consistent attendance
• Pain or numbness that limits concentration or endurance

Cognitive and Mental Limitations

Many individuals with MS also experience cognitive impairments, such as:

• Short-term memory loss
• Slowed processing speed
• Difficulty focusing or completing tasks
• Mood disturbances like depression or emotional instability

These limitations can make it difficult to perform tasks that require concentration, multitasking, decision-making, or interacting with coworkers and supervisors.

Residual Functional Capacity (RFC) Assessments

Your RFC describes what you can still do despite your impairments. Insurers use RFC evaluations to determine whether you are still capable of performing your past work—or any other work.

An RFC may address:

• How long you can sit, stand, or walk
• How much weight you can lift or carry
• Your ability to use your hands and fingers for fine tasks
• Cognitive abilities like memory, attention, and judgment
• Sensory functions like hearing or vision
• Your ability to adapt to routine changes or stress in a work environment

It’s essential that your physician completes a detailed RFC form that reflects the full extent of your physical and mental limitations.

Tips for Strengthening Your LTD Claim for MS

• Stay Consistent with Treatment: Regular medical visits and adherence to treatment plans show the insurer that you are actively managing your condition.
• Document Everything: Keep a journal of your symptoms, flares, and how they affect your ability to work or function daily.
• Mention All Impairments: Include both physical and cognitive issues in your claim, even if some are less prominent.
• Avoid Downplaying Symptoms: Be honest with your doctor and the insurance company about how MS impacts your life.
• Gather Supportive Documentation: Include medical test results, provider notes, RFC forms, and any other records showing the severity of your condition.

Why You Should Work with a Disability Attorney

Long-term disability claims for MS can be difficult to win—especially if your condition is episodic or includes periods of remission. Insurers often deny valid claims based on inconsistent symptoms or perceived recovery.

If your LTD claim has been denied, an experienced disability attorney can:

• Evaluate your policy and guide you through the appeal
• Help you gather strong medical evidence and RFCs
• Represent you in court if your appeal is denied
• Advocate for you throughout the entire process

At the Ortiz Law Firm, we represent claimants nationwide and handle LTD claims on a contingency fee basis—you don’t pay unless we win your case.

Get Help Today

If you are unable to work due to multiple sclerosis and need to appeal a denial, we are here to help. We will fight to get you the long-term disability benefits you deserve.

Call us at (888) 321-8131 to schedule your free consultation. We’re ready to review your case and guide you every step of the way.