Multiple Sclerosis Disability Lawyer in Arizona

Multiple sclerosis (MS) is a qualifying condition under the Social Security Administration’s (SSA) Listing of Impairments. Arizona residents with MS who can no longer sustain employment may be eligible for Social Security Disability Insurance (SSDI) benefits if their symptoms meet the SSA’s functional criteria.

Pekas Smith represents Arizona residents with multiple sclerosis at every stage of the SSDI process, from the initial application through reconsideration, hearings before an Administrative Law Judge (ALJ), and appeals to the federal courts.

If you’re ready to discuss your situation, contact Pekas Smith for a free consultation with a multiple sclerosis disability lawyer in Arizona. Call 602.962.2818 or schedule a consultation online.

Understanding Multiple Sclerosis and How It Affects Work

Multiple sclerosis is a chronic disease of the central nervous system. The immune system attacks myelin, the protective coating around nerve fibers, disrupting the brain’s ability to send signals to the body. As damage accumulates, MS can significantly limit physical movement, sensory function, and cognitive capacity.

MS presents in several forms:

• Relapsing-remitting MS (RRMS) involves distinct flare-ups followed by partial or full recovery between episodes
• Primary-progressive MS (PPMS) causes gradual worsening without defined relapses
• Secondary-progressive MS (SPMS) begins as relapsing-remitting but shifts toward steady deterioration over time

The SSA’s evaluation accounts for each pattern differently, which affects how a disability claim is built. This analysis is based on the extent to which symptoms limit the ability to perform work-related tasks. Symptoms that the SSA considers include:

• Muscle weakness and spasticity affecting movement or fine motor control
• Balance and coordination problems that interfere with standing, walking, or maintaining position
• Fatigue that prevents sustained work activity throughout a standard workday
• Cognitive impairments such as slowed processing, memory deficits, or difficulty concentrating
• Visual disturbances, including blurred vision or significant loss of visual acuity
• Bladder and bowel dysfunction requiring frequent, unscheduled breaks
• Speech difficulties affecting communication

The SSA evaluates specific functional limitations, not the diagnosis alone. Social Security Disability benefits apply when those limitations prevent a claimant from engaging in substantial gainful activity.

Multiple Sclerosis in the SSA’s Blue Book

The SSA publishes a Listing of Impairments, commonly called the Blue Book, that identifies medical conditions severe enough to potentially qualify for disability benefits. Multiple sclerosis appears under Section 11.09 of the neurological disorders listings. Other conditions evaluated under the same framework are included in the SSA’s Blue Book listing of impairments on this site.

Being listed in the Blue Book means MS is a recognized qualifying condition, but approval is not automatic. An applicant must show that their MS meets the specific functional criteria in the listing, supported by medical documentation. If MS does not meet those criteria directly, a separate evaluation based on residual functional capacity may still result in an approved claim.

According to the SSA’s neurological impairment listings, evaluators must consider each applicant’s full medical history, variability in symptoms, and long-term progression, not just the clinical picture from a single examination.

Two Ways to Qualify Under Listing 11.09

Listing 11.09 provides two pathways to qualify for SSDI. Satisfying the criteria for one of them, supported by medical documentation from treating providers, is sufficient.

	Pathway 1: Motor Function	Pathway 2: Physical + Cognitive
What you must show	Disorganization of motor function in two extremities	Marked physical limitation plus marked impairment in one mental function area
Physical criteria	Extreme limitation in standing, balancing, or using the upper limbs	Marked limitation in physical functioning
Additional criteria	None required	Marked limitation in one of four mental areas
Example	Cannot maintain balance while walking; hands too unsteady for basic tasks	Can walk with difficulty but struggles significantly with concentration and task completion

Pathway 1: Disorganization of Motor Function

You may qualify if MS causes significant loss of motor control in two extremities (both arms, both legs, or one arm and one leg), resulting in an extreme limitation in at least one of the following:

• Standing up from a seated position
• Maintaining balance while standing or walking
• Using the upper limbs (hands, wrists, arms) for work tasks

This pathway applies when MS has produced severe motor dysfunction that makes basic physical activity unreliable or unsafe.

Pathway 2: Marked Physical Limitation Plus Cognitive or Behavioral Impairment

You may also qualify if you have a marked limitation in physical functioning, combined with a marked limitation in one of these areas:

• Understanding, remembering, or applying information
• Interacting with others
• Concentrating, persisting, or maintaining pace
• Adapting or managing oneself

This pathway covers applicants who can move with some difficulty but also face significant cognitive or behavioral challenges. An applicant might struggle to complete familiar tasks, maintain focus, manage time, or attend work reliably without unscheduled breaks. SSDI qualifications in Arizona follow the same federal criteria as the rest of the country.

How the SSA Handles the Episodic Nature of MS

The SSA recognizes that MS often follows an episodic course. A disability determination does not rest on a single examination. Evaluators consider the frequency, duration, and residual effects of each episode, as well as any permanent impairments that persist between flare-ups.

The SSA’s Program Operations Manual System (POMS), specifically DI 34131.013 covering neurological listings, requires evaluators to weigh each applicant’s full medical history and long-term disease progression, not just symptoms at the date of review.

What If You Don’t Meet the Listing? The RFC Route

Most applicants with MS do not automatically satisfy Listing 11.09. Many still qualify through a Residual Functional Capacity (RFC) assessment.

An RFC documents what a person can still do physically and mentally despite their condition. The SSA uses it to determine whether the applicant can perform past work or any other work available in significant numbers in the national economy. If the RFC shows limitations severe enough to prevent any sustained employment, the claim may be approved without meeting the listing criteria.

For MS specifically, the SSA commonly assesses and documents these functional limitations:

• Sitting, standing, and walking tolerances across a standard 8-hour workday
• Balance restrictions and fall risk that limit safe movement or positioning
• Upper extremity restrictions for repetitive or precision tasks
• Visual acuity restrictions when optic neuritis is present
• Heat sensitivity: elevated body temperature worsens MS symptoms in many patients (a reaction known as Uhthoff’s phenomenon), which can restrict even sedentary work environments and is a particularly relevant factor in Arizona’s climate
• Cognitive pace restrictions on processing speed, attention, and response time
• Expected unscheduled absences due to relapse frequency or fatigue severity

Age, education, and prior work history also factor into this evaluation. The SSA Grid Rules provide a framework for assessing whether someone with reduced functional capacity can be expected to adjust to other types of work. Applicants over 50 with limited functional capacity face a lower approval threshold, particularly when they lack transferable skills.

To qualify for SSDI at all, you must also meet the program’s work credit requirement. Most applicants need 40 work credits, with 20 earned in the 10 years before the disability began. The substantial gainful activity (SGA) threshold in 2026 is $1,690 per month; earnings above that amount generally disqualify an applicant from receiving SSDI benefits.

Medical Evidence for Your MS Disability Claim

The SSA’s decision rests almost entirely on medical documentation. A well-supported claim includes records that establish the diagnosis, document symptom severity over time, and show how MS affects functional capacity at work. Gaps in the record or documentation covering only recent visits are common reasons initial claims are denied.

Strong medical evidence for disability in an MS claim typically includes:

• Neurologist records with detailed exam notes covering motor strength, coordination, reflexes, and sensory findings across multiple visits
• Serial MRI studies of the brain and spine documenting lesion burden and progression over time
• Evoked potential tests or cerebrospinal fluid (CSF) analysis to confirm the diagnosis
• Relapse documentation with dates, duration, symptoms during each episode, and records of any emergency or urgent care visits
• Expanded Disability Status Scale (EDSS) scores recorded over time to quantify functional impairment
• Physical and occupational therapy records showing observed limitations in daily tasks
• Cognitive or neuropsychological testing when processing speed, memory, or attention are part of the claim
• Treating physician RFC form completed by your neurologist, listing specific work-related restrictions
• Medication and treatment records, including responses to disease-modifying therapies

The SSA may schedule a consultative examination, but these are brief and typically cannot substitute for a complete, longitudinal record from treating physicians. Consistent treatment with a neurologist, documented over multiple visits, is the foundation of a strong claim.

How Pekas Smith Handles MS Disability Claims

Pekas Smith focuses exclusively on Social Security Disability law and has represented more than 10,000 disability clients across Arizona. We bring more than 30 years of combined experience to MS claims at every stage, from initial applications to ALJ hearings and federal appeals.

When you work with us, the process includes:

• Reviewing your medical history and work record to assess eligibility under Listing 11.09 and the RFC pathway
• Identifying gaps in your medical documentation and coordinating with your treating physicians to address them
• Preparing and filing your SSDI application with the SSA
• Representing you at reconsideration and at hearings before an Administrative Law Judge
• Appealing unfavorable decisions at the federal level, including to the U.S. District Court, when warranted

Our team is led by co-founders Jeremy D. Pekas, who earned his J.D. magna cum laude from Florida Coastal School of Law, and Tye Smith, who earned his J.D. from Sandra Day O’Connor College of Law at Arizona State University. Both attorneys are members of the National Organization of Social Security Claimants’ Representatives (NOSSCR).

If you are applying for SSDI in Arizona with MS, legal representation from the application stage can reduce the likelihood of denial due to incomplete or poorly organized documentation.

Talk to an Arizona Disability Lawyer About Your MS Claim

Whether you are filing for the first time or responding to a denial, Pekas Smith is available to review your case at no cost. We represent clients throughout Arizona, including at ALJ hearing offices in Phoenix and Tucson.

Call 602.962.2818 or contact us online to speak with an Arizona disability lawyer about your multiple sclerosis claim. Our attorneys are admitted to the U.S. District Court for the District of Arizona and the U.S. Court of Appeals for the Ninth Circuit.

Frequently Asked Questions About SSDI for Multiple Sclerosis