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Social-Security-Disability-Forum » Benefits for Disabled People Who are Highly Educated  

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Lynne

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Posted on Monday, July 01, 2002 - 9:10 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I am a 28 year old female, I have been working as a full-time elementary school teacher for six years. Two years ago I was diagnosed with an unknown muscular dystrophy. I have had many tests, including EMG, nerve conduction studies, a muscle biopsy, and many physical exams to determine strength, range of motion, etc. I have severe contractures in my ankles that will probably be operated on in an attempt to make me more stable. Right now my heels are 2 inches off of the ground, making it very hard to walk. I have to hold onto someone most of the time. I have done extensive therapy to try and correct them to no avail. All of the tests have indicated a myopathy, but the exact one is unknown. Myotonia is present in my muscles as well. Teaching started becoming very difficult this school year. I can no longer go up stairs. I can do two or three with a very secure handrail, one foot at a time. My school has ramps, but they are very difficult as well. The weakness and myotonia in my legs make it impossible to walk on any incline without handrails or surface that is not flat concrete. I often trip and fall. I cannot get up to a standing position from the floor without a stable piece of furniture. All of this causes great anxiety, especially knowing I cannot chase a child if I needed to, or even kneel by a desk. My degree is in Elementary Education. I am confident in my abilities, but neither an active job like teaching nor a sedentary job would be appropriate for me. If I sit for long periods, the myotonia is so bad that when I stand up I nearly fall over because my legs won't move. I am considering going back in the fall as a part time assistant teacher, but I am not sure I can even do that. Duties for that job include walking the class places, which is dangerous to me at this point. I am considering applying for disability now. A couple of side notes: I have had a pacemaker for complete heart block since age 13. This has rarely slowed me down, and even when it did, I got right back in the swing of things. This may or may not be related to the Muscular Dystrophy. Also, I am 6 months pregnant right now. Could this affect my claim? It has been an uneventful and fairly easy pregnancy, and there is no evidence that pregnancy exacerbates muscle weakness and myotonia. Do I have a good chance of being approved? Do you think I need a lawyer for this? Thanks for any input you might have.
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Paul McChesney (Admin)

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Posted on Saturday, July 20, 2002 - 10:04 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Lynne, here are your questions, and some answers:

Q. I am 6 months pregnant right now. Could this affect my claim?
A. I don't think so.
Q. Do I have a good chance of being approved?
A. This is hard to say. You have excellent work skills, which somewhat offsets your substantial impairments.
Q. Do you think I need a lawyer for this?
A. If you are going to file you need one.
Q. What else should I do?
A. You are highly educatable. Try to identify a job that requires your brains, but not your body, qualify yourself for it, and see if you can get out of your situation in that way, too. But disability might prove to be your only option in the long run. And stock up on all the long term disability benefits you can buy at work.
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jeff wallace

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Posted on Saturday, July 27, 2002 - 5:32 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I am 51 year old white male For last 20 yrs have wrkd as accountant or in sales.have type 2 dbetes use metformin,avandia in good control.had hrtatk in 2000 and found left ventrcl is 40%& MVP.take 25mg of atenolol daily. Since 1986 severe back pain& HAVE to spend .5 hour daily using weights for my back, neck and chest to sit in my own chair.has been documented.also took 600 mg Ibpf some days.work in an office because of hypermobility,bad knee joint prblm.last 1.5year not been working bcse dgnsd with chronic fatigue maybe rltd to mild FM.had sleep test and was dgnsd mdrte apenea a sleepffec of 14% oxygen lvls ok using dnt devise to slp better& will be retest with device in 3 mnth. take remeron& sleep bttr.have significant mental &emotional prblms most of life had material impact on life,been in treatment or medication for 22 years.take celexa & Klonopin help anxty& dprssn. 1600mglopid 50mglipitor. what file for Holly Mi
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Paul McChesney (Admin)

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Posted on Sunday, August 25, 2002 - 12:43 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Jeff, If you have managerial or similar skills, you must usually show that you cannot attend work on a regular and predictable basis. Certainly such impairments can arise from such problems as you have. Be sure your doctors are behind you, and talk to an attorney.
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Melanie B.

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Posted on Wednesday, July 16, 2003 - 11:40 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I am looking for insight on how the SSA might view my claim for benefits. I have two questions:

1) To what extent to higher dollar claims get extra scrutiny by the SSA. My long term disability benefits involved a seven dollar figure reserve which triggered all sorts of efforts to terminate benefits. (The long term disability insurance policy involved was specific to my occupation as a senior executive consultant so had criteria quite different from the SSA. That case is settled but since SSA benefits are calculated based on prior wages I am interested in what practices they have regarding sorting claims by benefit amounts.)

2) How hard to you need to work at finding a job to qualify? Based on my doctor’s strong recommendations for what is best for my health, I have not tried to find a paying job since I left the company I worked at for 12+ years. (My spouse is employed, though at a salary a fraction of mine pre-disability, and we have some savings and no children so we have been able to manage without my salary.)

I have refractory (i.e. won’t respond to treatment) major depression which results in emotional (e.g. periodically collapsing in uncontrolled tears) and cognitive (e.g. problems with “set switching”, concentration and metal processing speed) disabilities. I don’t “look” disabled and have never been suicidal. My doctors, employer and I thoroughly explored all options for me working in an area using my education and background – and painfully concluded that I could not. I now do volunteer work a few hours a week for a local social services organization (stuffing envelopes, printing out mailing labels, some data entry, etc.) that is therapeutic and makes me feel better about myself.

My doctors strongly advise against taking on something likely to trigger more severe symptoms – and this includes fighting SSA if I am going to get the run around. The money from Social Security benefits would be very welcome – but I am somewhat afraid to apply for fear the process will make my condition worse. I have spoken to two attorneys here in MD and they have said I need to apply for benefits and then get rejected before they will take on my case. I suspect this is related to a legal limit on attorney fees. I would be willing to invest some money in the process if there is a way to minimize any negative impact on my health – e.g. perhaps a consultant that specializes in assembling SSA benefit applications?
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WorriedMan

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Posted on Thursday, April 10, 2003 - 3:19 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I am a 50 year old male. I have a BS in education. I have worked full time for the same employer in various classifications for the past 26+ years. I have suffered from severe osteoarthritis in both knees for the past 3 years. I have had arthroscopic surgery on both knees, and had total knee replacement last September. I anticipate that I will require total knee replacement on the other knee later this year. Additionally, I am severely overweight (400+) and suffer from sleep apnea. I have used CPAP therapy at the maximum setting (18) for the past 4 years. I have extreme difficulty in walking/standing for any distance. My current job is sedentary, and I have worked it for the past 4 years. I still suffer severe pain and require prescription pain medication almost daily. Given my current situation, work is very difficult and I don't know how much longer I can hang on. Do I stand a chance of being approved for SS disability?
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Paul McChesney (Admin)

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Posted on Friday, April 18, 2003 - 4:53 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

WorriedMan, the key to your case is to show that you cannot attend to or concentrate on the most sedentary work on a reliable basis. Be sure that your doctors back you up, and try to come out of work on long term disabilty if possible. I would sit down and talk to an attorney before I quit working.
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Hailey

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Posted on Thursday, April 24, 2003 - 11:32 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I live in upstate sc and I am 36 years old. Have my HS diploma. Been working in the same field for over 10 yrs. I was taken out of work in Nov.2001 by my doctor.(workers comp injury from 1999) I have a shoulder injury which affected some of my nerves in my shoulder area. And also suffer from reoccurrant rotater cuff injury in my shoulder. I was taken out of work by my doctor for both physical and emotional problems. I suffer from chronic pain and limited use of my right arm. And I suffer from depression. I am seeing a psycotherapist about my depression. (since 6/2002). With meds I have been able to control my pain and depressive thoughts pretty well. What are my chances of SS disability? And do I need a lawyer to persue this.
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Paul McChesney (Admin)

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Posted on Friday, April 25, 2003 - 4:16 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

It is hard to say what your chances are without seeing all of your medical records, but certainly you have a chance to win a case. The loss of use of one arm in a skilled individual drastically restricts the range of work available, but sometimes there are some jobs left. Pain if severe enough can cause too much distraction to be able to continue to work, and depression can have a similar effect. Both can make skilled work more difficult. If you are in upstate SC I would be happy to talk to you in person without any obligation; just call 1 800 775 3985 and ask Vicki to set an appointment.

Do you need a lawyer? I would start by talking to one. Some people prefer to file and see if they can get benefits on their own before speaking to an attorney.

I can definitely say that you should either work, or pursue a disability case, or both. But you should not just sit at home and do neither. You risk losing eligibility for benefits.

Take care and good luck.
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BEN

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Posted on Saturday, August 23, 2003 - 9:13 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I am a 57 year old male, 2 years of college. In 1966 at age 20 lost my left arm above elbow with no possibility of using a prosthetic device. In same accident my right shoulder was injured and subsequently repaired.
Have worked for the last 27 years as a vessel agent. Job is both in office (computers/phones, reports etc.) and physically boarding ships at anchor, half and half in a one person office (self only)24/7. I am often required to board ships via Jacobs Ladders from water taxis (a rope ladder hung vertically down the side of the ship up to 50 feet) and up and down vertical ladders in ships holds 60-70 feet. I often have to tie up ships myself pulling, hauling heavy steel cable to do so. Much long distance driving.
In 1999 I started feeling right shoulder pain and was diagnosed with Osteoarthritis in right shoulder with chronic inflammation of rotator cuff, impingement, weakness of anterior right shoulder muscles. I continued working with pain until 5/31/02 when laid off from last employer. With the pain and the safety issues of boarding ships in weather via Jacobs ladders I just can't do that job anymore and consider myself disabled at the time I started seeing a new doctor 8/2002. Climbing up and down ladders with one hand is bad enough but in combination with an arthritic “good” shoulder it's just not safe anymore. I've never been on disability or workers comp before.
Boarding the ships is an integral part of the job, my transferable skills might be an issue in a decision I suppose but I am 57 yrs old. There is no way to do just part of the job. Any comments, advice, chances of success, and expert advice for filing out the forms would be greatly appreciated. Thank you
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Paul McChesney (Admin)

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Posted on Saturday, August 30, 2003 - 7:36 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Ben, let me ask a shorter question and answer it:

Q. If a person has a job that is half like a desk job and half not, does he have skills that are transferrable to a desk job?
A. Probably, I am afraid. You are probably going to have to show that you cannot do a pure desk job.

You are in a tough spot: It might be hard to win a disability case, but hard to pick up another job, either.

If it is possible, I would desperately search for another job, while you hang on where you are, provided it is physically safe for you to do so. Maybe even accept lower pay.

Can you go out on long term disability? Generally, the test there is whether you can do your old work, at least for 2 years. The trap is that after the two years are up the question usually is whether you can do any work. Can you keep health insurance if you do?

Talk to some local lawyers, but I think a Social Security disability claim might be hard.
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BrendaMitchell
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Posted on Tuesday, December 14, 2004 - 3:22 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I am a 45 year old female with a degree in Criminal Justice, I worked as a 911 Operator for 5 years. Recently I earned two A.A.S Degree one in Electrical, my last job was an Electrician. I was diagnose with RA in Jan 2000, and I have been on every RA medicine that has hit the market including Remicade and Enbrel neither has work for me and my disease is getting worse. I have been on Presidone for almost 5 years along with methrex. and still no improvement. I file for disability in Feburary 2004. I was denied twice of my age and education. I have 3 doctor fillout RFC forms and all 3 declared me totally disable and SS ME disagreed with my doctors concerning my limitations. All three Rheum. are from different clinic include Duke Medical Center, the ME never gave a reason as to why he disagreed with my doctors. I have had surgery on my knee and now they want to fuse my left hand because of the deterioration of the joints and bones. What advise can you give me?
Some day I can barely walk because it has affected my hips also, basically I have arthritis in every major joint, my ankles never stop swelling and I am tired of geeting injection in them to get the swelling down. If I refuse the injections will that be held against me in my hearing? What else do I need for my case, I keep a journal of my illness. Do I need that for my hearing? Also I can not perform any of the jobs I have done and the last 15 years, I have viewd my records at the SSA Office and I saw where they have recommended for jobs I have never done and requires me to be able to use my hands and wrist all day. Is it require for my to take a job that I know nothing of and why do SSA put things in your file but never relay the suggestions to you.
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Paul McChesney (Admin)
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Posted on Friday, December 31, 2004 - 8:02 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

You are certainly disabled, and I am embarrassed to live in a country where you would have to hire a lawyer to get benefits where you are so obviously disabled, but nevertheless, since you have been turned down, you should hire a lawyer. If you get a good one you have an excellent chance of being successful. Be sure to keep your case going and not to drop it.

No matter how educated, you have to be able to show up at work on a regular and predictable basis.
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Jean C. Wilson (Unregistered Guest)
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Posted on Sunday, February 27, 2005 - 12:47 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I am a registered nurse with over 38 years of experience. I have a BSN & MA. Also,I am a Licensed Nursing Home Administrator. Currently, I work as Director of Nursing in a Nursing Home which requires both physical & mental stress. I have a seizure disorder-intractable partial complex seizures 5+/week which occaisionaly turn into tonic clonic seizures. Recently,I had 3 tonic clonic seizures-1 @ work & 2 in the ER. I had an episode of atrial fibrillation post seizure which the neurologist states it was caused from the seizures. I have had several adjustments to my medications but still continue to have break through complex seizures. Currently, I am unable to drive. I cannot rely on public transportation as I work 3 miles away from a major transportation route. My first seizure episode 5 years ago resulted from a fracture T10 & L4 ,a 15 degree scolosis, low back pain with weakness in my low back with difficulty in walking long distances.

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This site is maintained by Paul McChesney, an attorney who has been practicing disability law for around 25 years in North and South Carolina.

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