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It Is Not Enough to Be Disabled, You ...

Social-Security-Disability-Forum » It Is Not Enough to Be Disabled, You Must Prove It  

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Q. about the Listing of Impairments free on line online7-26-06  4:07 am
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Paul McChesney (Admin)

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Posted on Thursday, April 29, 2004 - 5:29 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

These are examples of questions and answers that show how I go about proving disability. My intent is to help make you realize that it is more complicated, and involves more factors, than most people realize. It is easy, and dangerous, for you to file a claim and present proof that amounts to "I have a heart condition and can't do my old work so I must be disabled," not realizing that the judges see people every day who have heart conditions that are working at some new job.

Here are the general rules: You must show:
- A medical impairment
- The specific limitations of function that cause that impairment
- That you are not working
- That you cannot perform your old work
- At that point if you prove that your problems match those in the listing of impairments, you are supposed to win
- If not, the Administration is supposed to have the burden to show that you can do other work. They can do this by a section of the regulations known as the "Medical-Vocational Guidelines," or else by the testimony of a vocational expert.

But you must also be aware that the Administration often does not follow its own rules, and takes some steps designed to make you go away and stop bothering them, even though you might be disabled.

And you need to be aware that you will lose if you are disabled but the facts proving disability do not appear in the medical record.

You can also lose because you fail to follow treatment that should enable you to go back to work, or because your disability comes from alcohol or drug abuse.

If, after reading these posts, you feel confused, and start to get the feeling that it can be complicated and tricky to make this system work, you are beginning to get the right idea.
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Judy

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Posted on Thursday, July 25, 2002 - 7:41 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I am 53, previous work included lifting boxes 50+ pounds, which I am unable to do now, due to heart problems. Had a stint put in sept 2001, at that time catherization showed that besides where stint was placed had additional blockages of distal LAD of 70% and before first septoral also 70% , have had angina for past 10 months, just started getting worse in June, had another catherization done end of June showed scartissue closing up where stint was placed by 70%-80% and partial stint closed 40%, so did another cath last week, using cutting ballon to clear scartissue to 30-40% blockage, and they stinted the distal LAD and had to also put a balloon in because of muscle spasms of artery, this left me also with one artery blocked 70%, and the other long one 30-40%, and on the right artery 3+ blockages of 30-40. still have some angina, take besides, water pill, blood pressure pill, lopressor 2x's daily (for blood pressure and heart slow down) also take isosorbide , long acting on time release nitro (to help with angina and because of muscle spasm) and regular nitro as needed, besides amy Tricor and Pravachol, also aspirin and plavix long term. was reading adult listing in SSA and I believe I qualiy for a listing 4.04 becasue of coronary artery disease, with blockage of 70% or more...I have this now since last august, so august would be a year, and the blockages are not leaving any time soon... should I apply for SSD and what are my chances? thank you
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Paul McChesney (Admin)

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Posted on Sunday, August 25, 2002 - 8:33 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Judy, good work on finding the listings. Applying these in any particular case is a process fraught with hazard. You are doing just the right thing, looking yourself, but also checking with someone who does a lot of this.

The "listings" are a list of health problems that the Administration is supposed to take as proof of disability without further inquiry. To oversimplify slightly, if you are not actually working, and meet a listing, the Administration is supposed to find you disabled. If you do not meet the listing, you can still be found disabled.

Sounds neat, but in fact it is usually difficult to figure out whether you meet a listing; and if you do it is often difficult to persuade the Administration that you do.

One of the most important things that a good attorney contributes to your claim is an understanding of how to do this.

I use you as an example. I have set the listing for ischemic heart conditions down below. If you read it carefully, you will see that you cannot use the portion of the listing that deals with obstructed arteries unless you are physically unable to perform a stress test. And it is not clear, but the relevant question is whether you meet the listing after your operation, for all months after it.

Moral: Get a good attorney to help you with this. But check behind him or her, too. Your claim is too important to omit either of these steps.

Here's the listing for ischemia:

4.04 Ischemic heart disease, with chest discomfort associated with myocardial ischemia, as described in 4.00E3, while on a regimen of prescribed treatment (see 4.00A if there is no regimen of prescribed treatment). With one of the following:
A. Sign- or symptom-limited exercise test demonstrating at least one of the following manifestations at a workload equivalent to 5 METs or less:
1. Horizontal or downsloping depression, in the absence of digitalis glycoside therapy and/or hypokalemia, of the ST segment of at least -0.10 millivolts (-1.0 mm) in at least 3 consecutive complexes that are on a level baseline in any lead (other than aVR) and that have a typical ischemic time course of development and resolution (progression of horizontal or downsloping ST depression with exercise, and persistence of depression of at least -0.10 millivolts for at least 1 minute of recovery); or
2. An upsloping ST junction depression, in the absence of digitalis glycoside therapy and/or hypokalemia, in any lead (except aVR) of at least -0.2 millivolts or more for at least 0.08 seconds after the J junction and persisting for at least 1 minute of recovery; or
3. At least 0.1 millivolt (1 mm) ST elevation above resting baseline during both exercise and 3 or more minutes of recovery in ECG leads with low R and T waves in the leads demonstrating the ST segment displacement; or
4. Failure to increase systolic pressure by 10 mmHg, or decrease in systolic pressure below usual clinical resting level (see 4.00C2b); or
5. Documented reversible radionuclide "perfusion" (thallium201) defect at an exercise level equivalent to 5 METs or less;
Or
B. Impaired myocardial function, documented by evidence (as outlined under 4.00C3 or 4.00C4b) of hypokinetic, akinetic, or dyskinetic myocardial free wall or septal wall motion with left ventricular ejection fraction of 30 percent or less, and an evaluating program physician, preferably one experienced in the care of patients with cardiovascular disease, has concluded that performance of exercise testing would present a significant risk to the individual, and resulting in marked limitation of physical activity, as demonstrated by fatigue, palpitation, dyspnea, or anginal discomfort on ordinary physical activity, even though the individual is comfortable at rest;
Or
C. Coronary artery disease, demonstrated by angiography (obtained independent of Social Security disability evaluation), and an evaluating program physician, preferably one experienced in the care of patients with cardiovascular disease, has concluded that performance of exercise testing would present a significant risk to the individual, with both 1 and 2:
1. Angiographic evidence revealing:
a. 50 percent or more narrowing of a nonbypassed left main coronary artery; or
b. 70 percent or more narrowing of another nonbypassed coronary artery; or
c. 50 percent or more narrowing involving a long (greater than 1 cm) segment of a nonbypassed coronary artery; or
d. 50 percent or more narrowing of at least 2 nonbypassed coronary arteries; or
e. Total obstruction of a bypass graft vessel; and
2. Resulting in marked limitation of physical activity, as demonstrated by fatigue, palpitation, dyspnea, or anginal discomfort on ordinary physical activity, even though the individual is comfortable at rest.
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Walter D. Smith,Jr.

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Posted on Wednesday, September 04, 2002 - 12:52 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

what I'm trying to find out is how disability has determed that I'm not disabled when I have two amputated toes due to my diabetes. When I first filed a claim in 1997 I had uclers on both great toes and they where infected and was denied. But once I lost the right great toe in 1998 they went back and reopen the claim of 97 stating that I shouldn't have been deined and paid me back money. Now after 4 yrs on disability I find that they have listed this case under listing 1.13
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Paul McChesney (Admin)

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Posted on Thursday, October 03, 2002 - 5:52 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Walter, without seeing your file in each claim, it is hard to do anything more than guess why you were turned down the first time. I will give you two guesses:

First, often the person that appears in the pile of paper that the decisionmaker uses does not look very ill. This is because there are missing medical records, or because a consultative doctor that does not know much about you has written up a fairly inaccurate picture of your condition.

Second, the person who makes the decision at the first and second levels of the process is a little more under the thumb of the Administration, and often will deny when the judge at the third level will allow the claim
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lorraine

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Posted on Thursday, October 10, 2002 - 6:31 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Hi- In june I filed for SS disability due to severe degenerative disc disease, lumbar spondylosis and cervical spondylosis, recurrent disc herniation, diabetes and recurrent carpel tunnel syndrome. I have been unemployed since june and I am having surgery on my left hand and also gall bladder removal. What would my chance be? Thanks
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Paul McChesney (Admin)

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Posted on Sunday, November 24, 2002 - 8:21 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Lorraine, based on the above information it is impossible to say for sure.

1. Are you disabled? The answer to that question depends on your age, education, work experience, and how the above conditions limit your function.

2. Can you convince a judge that you are disabled? That depends upon whether the written record reflects the level of impairments that you in fact suffer, whether he actually studies them, whether there are any other records, true or not, that indicate you are not disabled, whether he believes you when you testify, and what kind of person he and the doctors are.

3. If the judge believes you, will you get disability benefits? That depends on whether you are broke enough for SSI or have worked enough for Social Security Disability.

4. Should you pursue a claim? Probably. If poorly controlled, diabetes eventually wrecks the body; back problems of the sort you describe often prevent standing and lifting, and carpal tunnel often restricts the use of hands, which is essential for most but not all sedentary work. This is the only question I can answer fairly well.


To answer question one, I would have to know all of the things listed in that question.

To answer question 2, I would have to see your complete medical file and perhaps know who your judge would be.

To answer question 3, I would need to know your income, resources, and earnings year by year.
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Rebecca

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Posted on Saturday, July 12, 2003 - 8:46 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

HOW can I Find out if SLE is on the disibility impairments list.
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Paul McChesney (Admin)

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Posted on Sunday, July 13, 2003 - 8:52 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Ask me. The listing for SLE, or systemic lupus, is set out below. But as a study of the listing will demonstrate several things that most people who post to this list do not realize. They are as follows:

a. You don't automatically get disability just because you have an impairment that is on the list.

b. It is highly unlikely that the doctors' records as they exist will have all of the findings required by the listing. There is almost always something to add, and the doctors almost never know what that is.

c. For almost every disease, you can almost always have a milder case, which would not match the listing, or a more severe case, which would.

d. Many people who do not quite meet a listing will still be found disabled under other provisions of the act.

"14.02 Systemic lupus erythematosus. Documented as described in 14.00B1, with:
A. One of the following:
1. Joint involvement, as described under the criteria in 1.00; or
2. Muscle involvement, as described under the criteria in 14.05; or
3. Ocular involvement, as described under the criteria in 2.00ff; or
4. Respiratory involvement, as described under the criteria in 3.00ff; or
5. Cardiovascular involvement, as described under the criteria in 4.00ff or 14.04D; or
6. Digestive involvement, as described under the criteria in 5.00ff; or
7. Renal involvement, as described under the criteria in 6.00ff; or
8. Hematologic involvement, as described under the criteria in 7.00ff; or
9. Skin involvement, as described under the criteria in 8.00ff; or
10. Neurological involvement, as described under the criteria in 11.00ff; or
11. Mental involvement, as described under the criteria in 12.00ff.
Or
B. Lesser involvement of two or more organs/body systems listed in paragraph A, with significant, documented, constitutional symptoms and signs of severe fatigue, fever, malaise, and weight loss. At least one of the organs/body systems must be involved to at least a moderate level of severity."


But the Commissioner also has this to say about how the disease should be evaluated.

"The documentation needed to establish the existence of a connective tissue disorder is medical history, physical examination, selected laboratory studies, appropriate medically acceptable imaging, and, in some instances, tissue biopsy. Medically acceptable imaging includes, but is not limited to, x-ray imaging, computerized axial tomography (CAT scan) or magnetic resonance imaging (MRI), with or without contrast material, myelography, and radionuclear bone scans. "Appropriate" means that the technique used is the proper one to support the evaluation and diagnosis of the impairment. However, the Social Security Administration will not purchase diagnostic tests or procedures that may involve significant risk, such as biopsies or angiograms. Generally, the existing medical evidence will contain this information.
A longitudinal clinical record of at least 3 months demonstrating active disease despite prescribed treatment during this period with the expectation that the disease will remain active for 12 months is necessary for assessment of severity and duration of impairment.
To permit appropriate application of a listing, the specific diagnostic features that should be documented in the clinical record for each of the disorders are summarized for systemic lupus erythematosus (SLE), systemic vasculitis, systemic sclerosis and scleroderma, polymyositis or dermatomyositis, undifferentiated connective tissue disorders, and the inflammatory arthritides.
In addition to the limitations caused by the connective tissue disorder per se, the chronic adverse effects of treatment (e.g., corticosteroid-related ischemic necrosis of bone) may result in functional loss.
These disorders may preclude performance of any gainful activity by reason of serious loss of function because of disease affecting a single organ or body system, or lesser degrees of functional loss because of disease affecting two or more organs/body systems associated with significant constitutional symptoms and signs of severe fatigue, fever, malaise, weight loss, and joint pain and stiffness. We use the term "severe" in these listings to describe medical severity; the term does not have the same meaning as it does when we use it in connection with a finding at the second step of the sequential evaluation processes in §§ 404.1520, 416.920, and 416.924.
1. Systemic lupus erythematosus (14.02)--This disease is characterized clinically by constitutional symptoms and signs (e.g., fever, fatigability, malaise, weight loss), multisystem involvement and, frequently, anemia, leukopenia, or thrombocytopenia. Immunologically, an array of circulating serum auto-antibodies can occur, but are highly variable in pattern. Generally the medical evidence will show that patients with this disease will fulfill The 1982 Revised Criteria for the Classification of Systemic Lupus Erythematosus of the American College of Rheumatology. (Tan, E.M., et al., Arthritis Rheum. 25: 11271-1277, 1982)."
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Ron White

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Posted on Monday, August 04, 2003 - 10:44 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Last August I had A triple by-pass operation. Went to work 1 month later. Was hospitalized in May for chest pains, passed a stress test. Was hospitalized in July, had another Angiogram - one bypassed artery is completely closed, another was 80% blacked, and a stent was inserted.Also test showed I had a heart attack. I am now very fatigued, have chest pains often, have weakness, dizziness, nausea, not worked for a month. I don't feel I can work - it's tiring just to leave the house to go to the doctor. I take several medications,which is very expensive. Would I qualify for SS Disability?
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kcantu

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Posted on Saturday, May 17, 2003 - 11:17 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

i am 46 years old and have worked as a registered nurse for 25 years. i have diabetes, type 1 and am on insulin. i have severe neuropathy in both legs, autonomic dysfunction causing low blodd pressure and syncope. i have frequent dizzy spells and constant ringing in my left ear. i have had an amputation of my left foot. it has become very difficult to walk with 1 foot and the neuropathy that causes numbness in both legs, as well as being constantly dizzy. does this sound like it would qualify for disability? i live in arlington, texas.
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Paul McChesney (Admin)

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Posted on Saturday, May 24, 2003 - 6:04 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

You nurses are so tough! If you can't attend and concentrate on work, you should be disabled. Of course you must be sure that your medical record reflects your true problems.

Diabetes in my experience very often leads to neuropathy, which can make standing and walking, as well as practical use of the hands, difficult.

As you know, syncope means passing out for cardiovascular reasons; if you pass out unpredictably and frequently enough, no employer will be able to tolerate that.

Though most RN jobs call for standing and walking, there are plenty that do not. But all call for attention and concentration to task, and if you cannot do that for a substantial part of the day, you are disabled.

But you must remember that it is not enough to be disabled; you must prove it. In other words, the medical record must mach the condition that you describe, and ideally no doctor must say otherwise.

To ensure this is so, you should get an attorney to review your record.

If you are working now, I would talk to an attorney before I quit, and be sure my long term disability was lined up, since it sometimes takes a long time to get on disability.

Take care.
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Emily

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Posted on Tuesday, May 27, 2003 - 3:50 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I am 51 years old and live in Alabama. I have panic disorder, migraine headaches, carpal tunnel syndrome, and nerve damage in my right leg and foot after having back surgery in '93. I have some college, and was director of a government program for 20 years, until I left in December 1999 due to the panic attacks. I thought I would be able to go back to work after a period of de-stressing, but the panic attacks have gotten worse, and now I am on the verge of being agoraphobic. I can go alone only to places within 10 minutes of my home, and then only if I know I can get to my car and get home quickly. Otherwise, my husband or other family member must be with me. I have withdrawn socially, and the only people I see outside of my family are two close friends who visit me. I take medication (Xanax, 3 mg daily), and have done so for 4+ years. The only diagnosis of the panic disorder was made by my family doctor, and I have not seen a psychiatrist. Recently, I tried to do some work for my husband who owns a business but was unable to handle the stress of being away from home and the fear of having to deal with people. Also I have a hard time focusing mentally. I'm not sure I have enough medical documentation of the panic disorder, because only my family physician diagnosed it.
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Paul McChesney (Admin)

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Posted on Wednesday, June 04, 2003 - 4:57 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Emily, there are two questions: first, will you win a Social Security claim. That is a harder question to answer; if you can prove what you say you should; no one who cannot leave their home can work. But I do worry about only having treatment from a family doctor. You should try to get help from a psychiatrist or mental health.

The second question is whether you should pursue a claim. It is clear that you should do that, or else get better and go back to work; if you stay out of work much longer you will lose your eligibility for benefits.

And, as always, I suggest talking to an attorney.
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AdrieneStewart

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Posted on Tuesday, June 03, 2003 - 7:55 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Hi my name is Adriene, I worked for 25 years and four years ago I developed thrombocytosis and endometriosis. I had surgery and I have a 15% disability in both of my hands that I had carpal tunnel surgery on. In the meantime I had a hysterectomy and still have essential thrombocythemia. In the past two years I have developed severe depression and panic attacks that I have every single day of the week. Some times I cannot get out of bed for two or three days straight I have been going to a Psychiatrist and counsellor for about 10 months and have been out of work for four years. I finally just filed for ssi disability I am backed by my primary care physician and also my psychiatrist. Do you think I need a lawyer or are my conditions severe enough to get this without?? Help me let me know what you think.
thanks
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Paul McChesney (Admin)

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Posted on Wednesday, June 04, 2003 - 4:58 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Adriene, if you cannot get out of bed, you cannot work. But of course you must prove this; be sure your psychiatrist is backing you up, and that no doctor is asying anything to hurt you. Often the reason you lose is because of some report in your record that you don't know about. Should you get a lawyer? You get more or less one chance at winning a disability claim, and if you don't succeed the effect is catastrophic. Chances are you could have a baby without a doctor's help, but so much is riding on it that a doctor makes sense. Same thing in a disability case. So I always answer yes to that question.

Take care.
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angel1966

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Posted on Thursday, August 21, 2003 - 10:52 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Hi
I was wondering if someone could help me. I am going before the judge next month (SSDI)and want to know if any of my medical problems qualify.

diabetes. arrythmias (daily). carpal tunnel(both hands). mild early ostearthritis in back and chest. fibromyalgia. hietal hernia. chronic pain. neuropathy. depression. mood disorder. panic disorder. mild early degenerative changes at L3-L4. mild homogeneous sclerosis involving iliac side of sacroiliac joints bilaterally. osteitis condensans ilii.
polycystic ovarian syndrome. tachycardia. reduced exercise tolerance..

I am in constant pain and always tired. So does anyone know if any of this will qualify. Thank you. Norma
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Paul McChesney (Admin)

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Posted on Saturday, August 23, 2003 - 6:53 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Angel, if you are going before a judge, that means that you have been turned down 2 times already; there well may be something in your file that makes it look like you are not disabled. If you have been turned down on your own, you almost certainly need an attorney.

The key questions that remain unanswered are how severe your problems are, and whether there is medical proof of each of them.

Take care and good luck.
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Patrick T

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Posted on Wednesday, September 24, 2003 - 8:24 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Thanks Paul,
I made the phone calls to everyone except the teaching hospitals. I have found they don't really want to get involved with just "Evaluations" for getting Disability. I am, on the other hand going to approach them for medical care. I was a bit let down today, as I have been in touch with a local lawyer and he's telling me medical evidence that nothing has helped me will be needed. I don't have this and have no clue how i;m to recieve it. After all, I thought Disability was for people that can't work becuase of health reasons that are expected to last longer than a year? Well, mine have been around for almost 13 years and i've just become worse. We'll see how it goes.
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Lori Tellington

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Posted on Friday, March 07, 2003 - 8:56 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Hello, Female, age 54, took early retirement from truck driving job due to chronic pain from herniated discs in lumbar and cervical areas. I applied for SSDI and was turned down on initial and recon. I appealed and so far have not heard back as to hearing date with ALJ.
There are a lot of tasks I can do for a period of 2 hours or so. Then muscle spasms take me out of action for hours and hours. I don't believe I could do anything for 8 hours 5 days a week.
Was recently diagnosed with OA and depression. On meds for both.
That is only job I ever did and have a high school education only.
I took early retirement as soon as I was eligible for a 25 year pension. The pension fund has very restrictive rules on re-employment. I could lose my pension benefits if I were to find a job in virtually any work in the private industry.
Would the ALJ look at all these facts or would he not take into account that I would lose my pension if I found other work?
Thank you for any input you have.
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Paul McChesney (Admin)

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Posted on Saturday, November 01, 2003 - 6:15 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Lori, the fact that you might lose your pension is a negative; I wouldn't talk about it. It means that you have an incentive to not go back to work, besides being disabled.

Unpredictable events of any sort that take you out of work on a frequent basis can be a reason for disability. But you must prove them and prove that you are having them at a frequency that would prohibit work. If I were you I would hire an attorney to make sure all of this is clearly established.
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keithh

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Posted on Thursday, August 28, 2003 - 1:55 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I am 28 years old and have been working full time for the last 7 years. I have constant crushing chest and shoulder pain with pains radiating down my back and arms, Occassional shortness of breath, rapid resting heart rate, chills and tremors. I have been out of work for the last 2 months. 95% of the medications they have tried have caused severe reactions including pain medications. I have seen 15 doctors and specialists and so far have been undiagnosed except for having acid reflux (which was shown not causing these symtoms). I don't know how much longer you are requried to be out of work but so far the only thing the doctors think is to refer me to a pain management clinic.
I can't sit in a chair for more then 20-30min without symtoms coming on stronger. I can type in bed for short periods of time.
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Paul McChesney (Admin)

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Posted on Saturday, August 30, 2003 - 7:54 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Keith, by description of your impairments you are clearly disabled; any job requires you to attend work around 8 hours and sit up. But to win a disability case you also must have a diagnosed condition that is causing your problem. So it is essential that you get a diagnosis, and it would be ideal if you get some hard, objective data to prove your disability.
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annie mattison

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Posted on Wednesday, March 03, 2004 - 10:16 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I am a 56 year old disable female and have not worked since 1999. i applied for my disable in 2000 was turned down 2 times got a lawyer and the judge ruled in my favor. the day i was to start getting a check theys sent me a letter and overruled the local judge in SC.i have been diagnose by 4 doctors stated i am not able to work any more .i worked for 32years but now i have a heart problems i am d diabete and take inslun injections,back problems short of breath i take 12 difference medication a day. i also have high blood pressure and bad headeaches daily.why can't i get my disablity?
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Paul McChesney (Admin)

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Posted on Saturday, April 24, 2004 - 7:47 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I cannot give you advice, since you have a lawyer.

For the benefit of others, I will mention that the Appeals Council has the power to, and very rarely does, review favorable decisions. If there is a long enough delay while they are reviewing the decision, they will have to pay benefits while you are waiting for them to decide.

They almost always remand the case for another hearing.

Most ALJ's I have dealt with want to help the claimant at this point, but you must almost always give him more evidence, that is, something he can show the Appeals Council to explain to them why the situation is now different.

To oversimplify a lot, in general, if there are two doctors, one saying "disabled" and one saying not, the ALJ is often entitled to select whichever doctor he prefers. When you have the ALJ on your side, it does not matter that there are several doctors who say you are able to work; all you have to do is scratch up one doc.

Take care.
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Anitra Campbell

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Posted on Tuesday, February 17, 2004 - 10:15 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I am 49 year old. No clerical skills, only textiles experience. I was diagnoised with CTS and lost my job because they didn't offer "light duty work". VRS sees me as a "risk" so they can not help me with my "work related problems". I have seen several different doctors and referrals and because they only know of "symptoms" not "pain", it's like they are saying it's in my head, not my wrist. But they want me to go to all of the doctors they "refer" me to. i am not good at talking, I express myself better in writing. I have chronic pain with severe limitations. I try and take all of the doctor advice, but at times it seems to have hurt more than helped. It's almost as if I am "(d) if I do and (d)if I don't." How can i prove to the judge that my pain is for real, when the doctors "tell" me one thing, but put different infor in the medical chart, or omit it? I need your help/advice ASAP. It's disc disease, arthritis, carpal tunnel, pillar pain,etc, I get from the doctors.These are my hands, and I need them in order to provide for myself.