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Home :: FAQ :: Issues - Social Security Disability Hearing

What if I am absent excessively or suffer from incontinence due to my condition, will that be considered as part of my disability case?

In addition to the claimant’s absences and absenteeism due to her condition, the issue of the claimant’s incontinence is also highly relevant to the claimant’s ability to return to work and AN ALJ’s failure to properly weigh and consider it can be reversible error. Incontinence can be an impairment for purposes of the being found disabled under The Social Security Act and must be considered by an ALJ in determining whether the claimant is disabled. Crowley v. Apfel, 197 F.3d 194 (5th Cir.1999).  Where the record is plain that a claimant could not return to past relevant work not only due to her absences due to her nephritic condition but also due to pain and her need to use the restroom frequently, benefits may well be rewarded.