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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 Proving My Case Through the Listings of Impariment 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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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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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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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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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.
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Paul McChesney (Admin)

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Posted on Wednesday, April 28, 2004 - 3:28 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I think that the smartest thing you can do at this point is to get the medical records and take them to an attorney who does a lot of Social Security and is good at it. If you can't get them, he can.

It is not fair, but you tend to win or lose a Social Security case based on the Anitra that appears in the medical record, rather than the real Anitra. If the two don't match, sometimes a lawyer can help.

Take care.
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Peggy Hudson
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Posted on Saturday, August 28, 2004 - 8:56 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I am 58 years old and a LPN for 30 years. In the last 2 years I have lost 5 jobs due to med errors because of my inability to process any material said or written to me correctly or timely. I have fibromyalgia and a very bad back and knee condition that causes me to have to take Vicodin and an antidepressant. Because of being on many different medications for the fibrmyalgia--I think this has cause my thought process to deteriorate. I have no work experience but nursing and have very little options of places that will hire me anymore. Please tell me how I can qualify for disability and what do people do while they are waiting to be approved for income to live on if they cannot find a job?
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Paul McChesney (Admin)
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Posted on Saturday, September 04, 2004 - 6:25 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Q. Please tell me how I can qualify for disability

A. I set out some first impression ideas, on the condition that you will get all of your medical records and take them to an attorney who does a lot of this, to get a plan that suits your actual situation more exactly:

Once you get to be over 50, if you have no transferrable skills and are limited to sedentary work and can't go back to your prior work, you might be eligible. Once you are 55 the same if you are limited to light work.

So the keys to your case are to show that you cannot perform your old work, are limited to light work, and have no transferrable skills.

You might be able to present medical proof that the physical conditions limit you to light work, and prevent you from doing most LPN duties.

You would also have to show that you have no skills that are transferrable to other work; at 58 they have to be readily transferrable. LPN's have lots of transferrable skills, but most of them require clear thinking skills; this part of the case would have to be developed very carefully.

Q. and what do people do while they are waiting to be approved for income to live on if they cannot find a job?

A. There are a lot of different things. You must be aware that many people have to wait as long as 2 years, or more, to get to the hearing stage. While you can win quicker than that, it can certainly take 2 years.

The best way to get through that period is to work for a while at a job that offers short and long term disability, and to go out drawing that. Some people can save up money. Some try to work a little while their claim is pending, though you should talk to an attorney about your particular situation before doing that. Some people live with friends or kin. Some people slash their standard of living and make it. Many localities have survival resources that help a little or a lot; the local United Way usually knows where. Life is not the movies, and sometimes people lose all they have while they are waiting.

One key is to talk to an experienced attorney, to be completely aware of what you are in for, before you file or lose your job.
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Barbara Allen
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Posted on Tuesday, August 31, 2004 - 3:41 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

My husband is self-employed doing lawn care. He has been diagnosed with neuropathy in both hands and legs. He has severe pain and numbness in his feet. In addition, he has broken bones in both feet. His pain management doctor has prescibed strong medications for him. We know that we're going to have to let our company go. He's just not able to work it much longer. However, he hasn't worked for anyone in several years. Will he still be able to draw if he hasn't paid in for 3 - 5 years?
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Paul McChesney (Admin)
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Posted on Saturday, September 04, 2004 - 6:07 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

In order to qualify for Social Security Disability, you must have worked for a certain amount before the date that you become disabled. If you become disabled after you have not paid in for 5 years, you probably cannot qualify under your own record. The actual test is complicated, and the wisest thing for your husband to do is to order his earnings record from the Administration by calling 1 800 772 1213, and, when it comes, take it by an experienced lawyer.

He might be able to qualify right now.
He might be able to amend tax returns to show income in prior years, and thus become qualified.
He might be able to claim a couple of credits even though the business lost money
He might be able to hang on and show some earnings now and thus become qualified.

There is a lot he can do to protect himself, and he need to do it right now.

The key to doing that is to get that earnings report and take it to a smart lawyer.

If you are sick but can work, work and get credits so you will be eligible.

If you are self employed, report earnings or you will regret it bitterly when you become disabled!
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Grady Spruell
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Posted on Friday, December 10, 2004 - 11:18 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Mr. McChesney:

I have applied for SSI. I applied in March, 2004. I have not worked since 2001. I have been denied SSI the first time August 30, 2004 below is a excerpt from the actual denial letter:

“On your application you stated that you are disabled because of diabetes mellitus, diabetic neuropathy, and hypertension. The medical evidence shows that your condition is not severe enough to be considered disabling. You are able to think, act in your own interest, communicate, handle your own affairs, and adjust to ordinary emotional stresses without significant difficulties. We realize that your condition keeps you from doing any of your past jobs, but it does not keep you from doing less demanding work. Based on your age, education, and past work experience, you can do other work. It has been decided, therefore, that you are not disabled according to the Social Security Act.”

Well of course, I appeal their decision through the RECONSIDERATION process. I had also applied for MEDICAID, because I was admitted to the hospital on June 4, 2004 with acute chest pain. My medical expenses for the four days came to over $40,000.00, medicaid was necessary to help defray the cost. We all know that medicaid is contingent on the approval of SSI, well when I was denied SSI, I was also denied medicaid. I only qualify for medicaid according to the Medicaid Eligibility Manual Adult Disability Rule, because I have no children. I spoke with my case worker and she submitted an appeal to the North Carolina Department of Health and Human Services.

In the mean time I surmise that my education is playing a factor along with SSI doctor’s reports are hurting my case. My work history has a wide scope from textile, manufacturing, and clerical, because of the neuropathy I can no longer perform the scope of those jobs. I have fifty-four college credits and need less than twenty credits before obtaining my AAS in Medical Office Administration. I can not perform the office systems technology credits due to the server constraint of my neuropathy. I have contacted three large law firms to solicit help in my case, Crumley & Associates, H. Russell Vicks, and Attorney Vaught of who all have turned me down. One firm did say it was due to my education.

On October 10, 2004 I received a letter from the North Carolina Department of Health and Human Services and the excerpt from that letter said the following:

“DECISION: The decision of the Catawba County Department of Social Services to deny the appellant’s application for Aid to the Disabled-Medical Assistance is hereby REVERSED on the basis of additional medical evidence.”

ISSUES INVOLVED: The denial of the appellants application for Aid to the Disabled-Medical Assistance due to the appellant’s failure to meet the disability requirement.

REASON FOR DECISION: The review of the record established that an application for Aid to the Disabled-Medical Assistance was submitted on the appellant’s behalf on July 8, 2004 through the Catawba County Department of Social Services. Section 2300 of the Medicaid Eligibility Manual requires that an applicant meet the Supplemental Security Income Standards found at 20 CFR 416 in order to be eligible for Aid to the Disabled-Medical Assistance. Following the review of the medical reports and social history, it was determined that the applicant did not meet these requirements. After being notified of the rejection of the application, the appellant appealed to the State Division of Social Services by request dated August 31, 2004.

Additional medical evidence obtained prior to the hearing and evaluated by the undersigned hearing officer verifies that the appellant equals the disability requirement referenced in the foregoing 20 CFR 416.920(f) Appendix 2. The appellant’s impairments are too restrictive to perform even a full range of sedentary exertion. Accordingly, I am asking the Catawba County Department of Social Services to certify appellant for Medical Assistance based on the appellant’s application of July 8, 2004 and medical onset of April 2004 providing all other points of eligibility were met at that time. No medical re-examination is required.

Please help me. I know generically everybody with medical situation has a good chance of getting disability. My questions are specific:

Why won’t an Attorney take my case, why does he/she feel that they can not win my case?

If Medicaid and Supplemental Security Income requirements are aligned with one another why are the two in conflict with my determination?

If no Attorney will take my case, if I am turned down in the Reconsideration phase what shall I do? I read that I can request Social Security to show Burden of Proof on my ability to find work that they feel I can perform. How do I do this?

Why are the no Vocational Rehabilitation offered during the determination phase to show proof inevitably for both parties involved?

Any suggestion would be appreciated.

Sincerely
Grady Spruell II

Hearing_Officer_Elizabeth_Waddell-579.docMr. McChesney:

I have applied for SSI. I applied in March, 2004. I have not worked since 2001. I have been denied SSI the first time August 30, 2004 below is a excerpt from the actual denial letter:

“On your application you stated that you are disabled because of diabetes mellitus, diabetic neuropathy, and hypertension. The medical evidence shows that your condition is not severe enough to be considered disabling. You are able to think, act in your own interest, communicate, handle your own affairs, and adjust to ordinary emotional stresses without significant difficulties. We realize that your condition keeps you from doing any of your past jobs, but it does not keep you from doing less demanding work. Based on your age, education, and past work experience, you can do other work. It has been decided, therefore, that you are not disabled according to the Social Security Act.”

Well of course, I appeal their decision through the RECONSIDERATION process. I had also applied for MEDICAID, because I was admitted to the hospital on June 4, 2004 with acute chest pain. My medical expenses for the four days came to over $40,000.00, medicaid was necessary to help defray the cost. We all know that medicaid is contingent on the approval of SSI, well when I was denied SSI, I was also denied medicaid. I only qualify for medicaid according to the Medicaid Eligibility Manual Adult Disability Rule, because I have no children. I spoke with my case worker and she submitted an appeal to the North Carolina Department of Health and Human Services.

In the mean time I surmise that my education is playing a factor along with SSI doctor’s reports are hurting my case. My work history has a wide scope from textile, manufacturing, and clerical, because of the neuropathy I can no longer perform the scope of those jobs. I have fifty-four college credits and need less than twenty credits before obtaining my AAS in Medical Office Administration. I can not perform the office systems technology credits due to the server constraint of my neuropathy. I have contacted three large law firms to solicit help in my case, Crumley & Associates, H. Russell Vicks, and Attorney Vaught of who all have turned me down. One firm did say it was due to my education.

On October 10, 2004 I received a letter from the North Carolina Department of Health and Human Services and the excerpt from that letter said the following:

“DECISION: The decision of the Catawba County Department of Social Services to deny the appellant’s application for Aid to the Disabled-Medical Assistance is hereby REVERSED on the basis of additional medical evidence.”

ISSUES INVOLVED: The denial of the appellants application for Aid to the Disabled-Medical Assistance due to the appellant’s failure to meet the disability requirement.

REASON FOR DECISION: The review of the record established that an application for Aid to the Disabled-Medical Assistance was submitted on the appellant’s behalf on July 8, 2004 through the Catawba County Department of Social Services. Section 2300 of the Medicaid Eligibility Manual requires that an applicant meet the Supplemental Security Income Standards found at 20 CFR 416 in order to be eligible for Aid to the Disabled-Medical Assistance. Following the review of the medical reports and social history, it was determined that the applicant did not meet these requirements. After being notified of the rejection of the application, the appellant appealed to the State Division of Social Services by request dated August 31, 2004.

Additional medical evidence obtained prior to the hearing and evaluated by the undersigned hearing officer verifies that the appellant equals the disability requirement referenced in the foregoing 20 CFR 416.920(f) Appendix 2. The appellant’s impairments are too restrictive to perform even a full range of sedentary exertion. Accordingly, I am asking the Catawba County Department of Social Services to certify appellant for Medical Assistance based on the appellant’s application of July 8, 2004 and medical onset of April 2004 providing all other points of eligibility were met at that time. No medical re-examination is required.

Please help me. I know generically everybody with medical situation has a good chance of getting disability. My questions are specific:

Why won’t an Attorney take my case, why does he/she feel that they can not win my case?

If Medicaid and Supplemental Security Income requirements are aligned with one another why are the two in conflict with my determination?

If no Attorney will take my case, if I am turned down in the Reconsideration phase what shall I do? I read that I can request Social Security to show Burden of Proof on my ability to find work that they feel I can perform. How do I do this?

Why are the no Vocational Rehabilitation offered during the determination phase to show proof inevitably for both parties involved?

Any suggestion would be appreciated.

Sincerely
Grady Spruell II
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Paul McChesney (Admin)
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Posted on Thursday, December 30, 2004 - 6:51 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Q. We all know that medicaid is contingent on the approval of SSI, well when I was denied SSI, I was also denied medicaid.

A. Not correct. In many states, including North Carolina, you can get a favorable Medicaid ruling despite a Social Security or SSI denial.

Q. Why won’t an Attorney take my case, why does he/she feel that they can not win my case?

A. It is impossible for me to answer that question on the facts provided. You have told me a lot about the procedures in your case, but nothing about your health problems. However, the fact that DSS approved your claim for Medicaid, as is shown by the letter attached to your post, indicates that you probably have a case serious enough to get some attorney to accept. I handle cases in the Hickory area, and would be happy to talk to you on the phone, or you can keep calling attorneys.

Q. If Medicaid and Supplemental Security Income requirements are aligned with one another why are the two in conflict with my determination?

A. Both decisions are made by a branch of state government, but the Social Security Administration, a branch of the Federal government, keeps their thumb down harder on the SSI and Social Security disability claims.

Q. If no Attorney will take my case, if I am turned down in the Reconsideration phase what shall I do?

A. Keep hunting and hire a lawyer. You have been turned down on your own, so you need one.

Q. I read that I can request Social Security to show Burden of Proof on my ability to find work that they feel I can perform. How do I do this?

A. If you show you cannot do your old work, the burden is shifted to the Administration to show other work.

Q. Why are the no Vocational Rehabilitation offered during the determination phase to show proof inevitably for both parties involved?

A. This would be a good idea; I do not answer "why" questions well. They don't; I know that for sure.

Take care and good luck.
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Elaine Cash
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Posted on Sunday, January 16, 2005 - 9:11 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I have been in severe depression since my Father died in 1997. I have been taking medication for the depression. I also have been keeping my Grandchildren since their Mother is a drug abuser and was recently stopped for drug trafficking. I quit my job in April because the stress from work was more than I could handle. I was head Dental Assistant for Peidmont Dental Center for 25 years. In 1997 I was having trouble with both my wrists I was check for carpal tunnel which is what I have. For several years I thought it was arthritus. So I would say I had the carpal tunnel for 15 years. Which is workers comp. and they have turned it over to someone else. I also filed for disability in Nov. 2004. With the carpal tunnel my husband cooks since I have lost a great deal of use in both hands. I can't hold my two small Ganndchildren for long. I also have trouble with my left shoulder. I'm 55 years old and the Dr. recommended surgery. At 55 years of age I have desided I do not want the surgery since I know several people who has had trouble after the surgery. My son died in Aug. of 2004 and now my depression is so severe I don't even want to get up. I am going for counseling every two weeks. I wear braces on both hands everyday. I worked on cement floors for 15 years with Peidmont Dental Center. Now I have trouble with both knees. I have fallen 3 time in the last 2 weeks. I take medication for depression, arthritus, pain med., sleeping pills, and muscle relaxer. It has taken me 1 Hour to type this due to my hands. Would you consider me disabled. Plus my Daughter stays with me because my Family is afraid to leave alone since the death of my son.
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Paul McChesney (Admin)
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Posted on Sunday, January 30, 2005 - 11:14 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

You certainly sound disabled to me. If you can make the record match the picture that you paint for me you have a great chance of winning your case. Please make sure you keep pursuing your case.
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Patrick

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Posted on Sunday, August 24, 2003 - 12:01 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Hello,
I am in the process of applying for disability, and I have a question: What if you are disabled and your not sure what all is wrong? I have multiple issues and have no insurance or money to go to the doctor. Without doctors proof, will I be turned down?
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Paul McChesney (Admin)

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Posted on Saturday, August 30, 2003 - 10:06 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

If you have 5 problems, but can only prove that 3 of them actually exist by medical evidence, you might win your case on those 3 impairments, but that is a little risky in some cases. If you cannot show by medical evidence that any exist, you will not win.

So, how to get the medical proof?

1) Call the United Way and find out all the free medical services in your area. Some areas have lots, some have none.

2) Call every private doctor and try to get in. Pay a little money if you have it. There are some country doctors that will treat you forever if you send them $10 a month. There are places where there are no such doctors.

3) Move to an area where one of the first two things work.

4) Work a little, even though you cannot work much, and use that money to go to a doctor.

5) Check all the nearby and not so nearby teaching hospitals.

6) Call every lawyer who lists Social Security in every phonebook of every nearby large city and ask if they will send you off for an evaluation as part of the development of your case.

7) If you file, the Administration might send you to a doctor. This more often hurts more than it helps, but in some cases it helps.

This ain't the movies, and sometimes none of this works.
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Carol Nelson
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Posted on Tuesday, January 25, 2005 - 10:07 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I am a 55 year old female who has worked as a secretary in real estate office for the past 19 years. Before that I worked as a hairdresser for almost 20 years but had to quit due to extreme back and knee pain from standing for several hours at a time at this point I found that I had osteoarthritis.
I have just lost my secretarial job because my company has closed up and I do not feel that at this stage of my life I can go into another line of work because I have had both knees replaced, and still have severe pain and stiffness in them. I cannot take a job that would require any stooping, bending, walking or standing for any amount of time, or climbing stairs because of my knees and back.
My job that I just lost was causing severe neck and shoulder pain from using the computer all day. I had an MRI a few years ago on both my neck and my back and have degenerated disks in both and a disk that moves periodically and presses on my sciatic nerve that causes hip and leg pain. I also suffer from obesity, diabetes, high blood pressure, hiatil hernia, a goiter on my thyroid at which I have had one half of my thyroid removed from a previous goiter that formed on it. My hands are getting very stiff and painful from the osteoarthritis that seems to be taking over my entire body.
This all makes it very difficult for me to concentrate and I am just afraid that besides my poor physical condition, I am not capable of mentally learning all there is to learn in a new line of work at this time. Is there any chance of me getting on disability at my age and with this multitude of problems?
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Paul McChesney (Admin)
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Posted on Tuesday, February 01, 2005 - 5:34 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Carol:

Q. I worked as a hairdresser for almost 20 years but had to quit due to extreme back and knee pain from standing for several hours at a time at this point I found that I had osteoarthritis.

A. That was smart of you to change to a sedentary line of work; and folks who are beginning to have problems with work that requires physical labor should go out and learn clerical skills.

Q. I have just lost my secretarial job because my company has closed up and I do not feel that at this stage of my life I can go into another line of work . . . . I am not capable of mentally learning all there is to learn in a new line of work. . . . I cannot take a job that would require any stooping, bending, walking or standing for any amount of time, or climbing stairs because of my knees and back.

A. This is not enough. Once over 50, it might have been if stand up work was all you knew. But you must also show that you cannot return to work like your old work.

Q. My job that I just lost was causing severe neck and shoulder pain from using the computer all day. I had an MRI a few years ago on both my neck and my back and have degenerated disks in both and a disk that moves periodically and presses on my sciatic nerve that causes hip and leg pain. . . . My hands are getting very stiff and painful from the osteoarthritis that seems to be taking over my entire body.

A. OK, now you are getting there. If you can show that you cannot perform your old work, or work like it, any more because of these increasing problems, you are supposed to get disability.

And that leaves the question of proving it, with support from a doctor, which it sounds like you are close to with the MRI results, etc.
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patlove
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Posted on Tuesday, January 18, 2005 - 10:43 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I'm 52 and have worked for 23 years in textile(sewing) and manufactoring for 8 years .In 2001 was refered to a neurosurgeon because of a MRI showed up that I had 2 prolasped disks in my spine.Had theropy-was told I had to change ocupation-pain presisted-kept working -developed osteoarthritis in hands-right hand worse-can't grip or write well-arthritis in top of spine-neck pain and headaches- pain standing to long -pain sitting to long-pain in hip joints-pain wakes me up at night-nerve pain in my right leg that make me walk with a limp-sometimes need a walking cane. Quit working because I could stand stand the pain or no longer do my work effeciently. would like to try for disability- my doctor said the only relief I would get from these conditions I would have to quit my job. What are my chances getting disability. Stop work 9/22/2004.
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Paul McChesney (Admin)
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Posted on Tuesday, February 01, 2005 - 5:43 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Patlove: Well, there are 3 questions:

1. Are you in fact disabled? Yes. If you have never done sedentary work, and you can't do stand up work that requires lifting, and you are over 50. Note the difference between you and Carol; she is in nearly as bad a shape, and is over 50, too, but she has done sedentary work, so she has the additional burden of proving she cannot do work like her old work.

2. Are you going to win? Only if you prove what you say by medical evidence as well as your own say-so, and if there is no contradictory evidence saying you can work.

3. Should you file? Yes. If you cannot work, you must file.
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Beth (Juanae1)
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Posted on Sunday, January 16, 2005 - 6:43 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I have cst surgery on both hand May & Sept 2004. After returning back to the dr. I was informed that I still have CST. Am 57 year and have filed for disability. I was retired from my job 3 years for workforce reduction after 27 years of service, I have a AS degree in business but did not find any work in this field so i took a production job which call for repetitive movement. Am currently take blood pressure, depression, migraines, something to aid me to sleep at night and at one point in my life I was a out going person now I only find comfort at home. Would I qualify for Social Security disability or SSI?
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Paul McChesney (Admin)
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Posted on Sunday, January 30, 2005 - 7:58 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Beth, yours is a difficult question to answer. It is probably going to be clear that you cannot perform a production job because of your CST, by which I assume that you mean carpal tunnel syndrome, or CTS.

You also have to show that you cannot perform other work that you have done in the last 15 years. If you did business type work within that time, you are going to have to show why you can't do it now.

Carpal tunnel problems can prohibit typing or writing if they are severe enough. And it is hard to tell whether you just prefer your house, or have developed some significant psychological problem that would make such work difficult.

You also have to show that you cannot perform work for which your education provides a direct entry into the workforce without the need for job training. This rule might or might not apply to you because of your education.

If you can get by those hurdles you might be successful in a claim.

Because of the unusually tricky nature of your claim, I suggest that you sit down and talk to a lawyer who handles a lot of these claims right now.

In any case, if you find you cannot get back to work, you must file, whatever your chances are.
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Anonymous
 

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Posted on Monday, February 28, 2005 - 8:15 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I have a 60 drgree curvature of my spine (Scoliosis). suffer leg cramps, numbness in hands and feet, intense back pain and depression fron all this, plus the added stress of being deyied benefits as I "Can Work" as they say. I even appied for a job with my local Social Security Office only to be turned down. I did list that I had to lie down during day to releive pain as my rib cage rests almost on hip bone on one side.
If they say I "Can Work" and they will not even hire me knowing of this, who will?
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Paul McChesney (Admin)
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Posted on Saturday, March 05, 2005 - 9:00 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

If you can prove that you have the limitations that you described, you should be found disabled in the long run; if you cannot attend work on a predictable basis you are unemployable.

The problem is not one of fact, but one of proof. The problem is either that the medical records in your file do not reflect this degree of problem, or else the decisionmaker is ignoring them.

Usually a good lawyer can solve either of these problems, given time.

It is not sufficient to prove that you cannot work as an employee of the Social Security Administration; you must prove that you cannot work anywhere. There are many people that could not do the clerical type of work that is required at by the Administration, but could do other sorts of work.

And it is not enough to prove that a particular employer will not hire you, or, though this is unfair, it is not enough to show that all employers will not hire you. The law says that you have to show that, if you were hired, you could not do the work.
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Anonymous
 

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Posted on Tuesday, February 14, 2006 - 2:32 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I am a 48 year old advertising administrator. My problems started with an on the job injury so I won't go into details about my nightmare with workers compensation. I was off work for 8 months with my 1st surgery and 4 months with 2nd surgery and now need a 3rd surgery which has been denied by workers compensation. I have been unable to work for over 1 year so I applied for ssd which was denied. My neurosurgeon and medical doctor have provided evidence to support my claim. But now I have been scheduled to for a consultative exam. What are my chances for getting SSD?
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Paul McChesney (Admin)
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Posted on Sunday, March 12, 2006 - 5:04 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Anonymous: It is very hard to say, because you don't give me the limitations that result from the operations, etc. But you have had a lot of back operations. If you cannot work, you should file.
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ebob911 (Unregistered Guest)
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Posted on Friday, March 03, 2006 - 7:39 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

43 year old welder by trade,long story short has a bad back and now surgery will be next.my job wont let me back to work until i am 100% full duty .Dr. stated 50-50 chance of 100% full duty. my work will put me on long term disabillty through work for 2 years and then i will be terminated.as a welder there is a huge demand and the back and lifting is an everyday thing.A shipyard or welding shop will not take a 1/2 duty welder with fear of further injury and then the shop is liable.[this is my view] my present work wont let you work on any pain medications which i have been on for 2 years now and presently on morphine pills.my question is if my present work place will not let me return due to limitations and i have to quit.can i apply for disability?i just dont see construction type companies wanting a broke back welder when the #1 cause of workers comp.injuries in construction is back injuries?how long should i wait to try to apply.
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Paul McChesney (Admin)
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Posted on Sunday, March 12, 2006 - 5:01 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Ebob:

Q. A shipyard or welding shop will not take a 1/2 duty welder with fear of further injury and then the shop is liable.[this is my view]

A. That is my impression, too, though some parts of that policy might not be exactly legal.

Q. My present work wont let you work on any pain medications which i have been on for 2 years now and presently on morphine pills.my question is if my present work place will not let me return due to limitations and i have to quit.can i apply for disability?

A. Certainly if you cannot work you must apply for disability.


Q. I just dont see construction type companies wanting a broke back welder when the #1 cause of workers comp.injuries in construction is back injuries?

A. That might be right.

how long should i wait to try to apply.

You should apply as soon as you stop showing up at work even if you are still on the payroll.

If I were you I would strongly consider struggling to continue to work, but probably not in that job you have been doing. If you are able to do other work, I would consider changing jobs, or using the 2 years to get training to do something lighter.

If there is any possibility that your back problems were aggravated by your work, you must see a lawyer immediately! There are deadlines that vary from state to state.

If you live in the Carolinas, I would be happy to talk with you without charge. Just call us at 1 800 775 3985.

Take care.
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steve meyer (Unregistered Guest)
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Posted on Friday, February 25, 2005 - 1:06 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I am 42 years, Education: Ged, Current job. EMC Technician-12 years experiance.
Problems: Degenerative Joint diesease left ankle/knee. Chronic back pain due to ankle/knee. Use AFO brace/cane. Problem started in 1982 during navy. Currently getting 50% VA disability.
Also diagnosed by VA: Depression/anxiety due to above. and PTSD. Question: Doctor just put me on restrictions, No lifting/pushing/pulling over 20lbs. No kneeling. These restrictions will affects most of my job. Have not given work the restrictions yet. Don't want to get laid off. If i do, What are my chances down the road to get approved for SSD.
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Paul McChesney (Admin)
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Posted on Sunday, March 12, 2006 - 1:35 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

It is not certain. Clearly you cannot do work that requires significant physical labor. The Administration is likely to say that you can still do sedentary work. Can you prove you cannot? It could be easy, or could be difficult. It could be 6 months, it could be 3 years. Maybe get all your medical records and show them to a lawyer who does a lot of disability claims and spend the cost of a couple of bags of groceries to get the highest quality answer to that exquisitely important question. Take care.
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xena (Unregistered Guest)
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Posted on Monday, February 28, 2005 - 6:05 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

i wrote to you before about being denied, well i appealed and got denied again, ssd sent me to 3 of there dr's and they all recommended it but still denied. have ddd, hepc, depression,panik attacks,anciety,carpal tunnel both hands, just had cervical surgery, and have severe low back pain, can't stand or sit for long periods at a time. am on antidepressents for 8yrs,on meds for insomnia, take xanax 2x daily, also take pain meds daily have real bad brain fog forget easy. please tell me why i'm being denied. thanks for input.
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Paul McChesney (Admin)
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Posted on Sunday, March 12, 2006 - 1:02 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Xena: I have absolutely no idea why you were denied, but I am sure there is one. I would need to see all the medical records and your entire file to be able to say. Once I did, I might be able to suggest a solution. There is a page on this site that suggests how to hire an attorney. Take care.
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Anonymous
 

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Posted on Friday, March 04, 2005 - 11:40 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I am 41 yr. old female with buldging discs and my sacariliac bone rubs bone to bone i have ddd and a fractured disc that has fused itsself i have nerve damage. my left arm & leg go numb & tinle. There's times I have severe pain. All this happened when I was 23 I signed up for ssd and they at first said i wasn't disabled when i was eligabl. then they said i didn't appeal it I had a car wreck in 1989 january. I was suppose to be eligable in june 1989. but now different people and att. say i can't do anything about this I've been trying to get ssd for many years.
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Paul McChesney (Admin)
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Posted on Sunday, March 12, 2006 - 12:56 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Anonymous, there are a lot of reasons why someone might not be able to get disability benefits, even if they are disabled. You have to have worked enough to get Social Security disability, and your family has to be poor enough for you to qualify for SSI. I would have to have a short talk with you to be sure there is nothing to do. I see that you have talked to one lawyer. I guess you could talk to two or three more, to be sure.
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anonymous 12 (Unregistered Guest)
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Posted on Saturday, May 06, 2006 - 9:48 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I am 55year old female.21 years physical labor.off work for 2 months..still drawing sick leave..diagnosed diabetis /severe peripheral neurapathy to both legs..back pain associated wih neurapthy..high blood pressure..liver ailment..take several meds. plus insulin dependant..would my chances to receive ssocial security benefits be hurt if 'm drawing sick leave? should i apply for benifits now
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Anonymous
 

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Posted on Wednesday, May 10, 2006 - 9:49 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I am 40 year old female. Have worked for automobile assembly factory for 21 years. Was diagnosed in 2001 with panic attacks, herniated disc L4-L5,degenerative disc disease,prominate spurring at L5 resulting in spinal stenosis at L5-S1,narrowing of the neural foramina, spondylosis atL5 sclerosis on the left side L5, and spondylosis on the left side.Panic attacks come with pain from back. Got to where I couldn't ride in car to work. Have to lie down every couple of hours. Can't stand, sit, lay down, or drive for more than 45 min. at a time. On Lexapro and xanax for panic attacks, and vicodin, soma, moebic,and naprosyn, for arthritis and back pain. My Dr. Who has treated me for these problems the whole time suggested I go on disability.
I have Ct scans and x-rays proving my back problems. What do you think my chances are of qualifying for disability? I understand they turn down around 90% of those that apply. Thank you I live in Indiana
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Anonymous
 

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Posted on Tuesday, May 16, 2006 - 12:31 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

if a person is applying for disability can the company that they are working for terminate them.
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teresa lee jaynes (Busdriver)
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Registered: 6-2006

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Posted on Monday, June 12, 2006 - 11:22 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

i have had cervical spine surgery with fusion and hardware to stabalize my spine. i also have had T11/12 surgery on my spine due to a stenosis, the surgeon was not able to remove the entire stenosis but he got what he could. i also have had surgery on both my hands due to carpal tunnel syndrome, leaving my wrist weak. i have life threatening sleep apnea, using a c pap with oxegen setting at 16. i suffer from restless leg syndrome and insomnia. my left thigh is numb and there is still tingling and burning in my left leg i can only sit or stand for short periods at a time. i use a scooter, a walker, and a shower chair. i have enhalers because i also have copd. i suffer from depression and social disorder and have not worked in two years i am 52 years and i completed high school. do i have a chance of winning? to too see a ce doctor soon
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gary musick

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Posted on Monday, January 27, 2003 - 2:39 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I have been diagnosed with "osteoarthritis" and "spinal stenosis",with significant degenerative disc disease at L4-L5 and L5-S1 and i have still been turned down twice by "social security".Whats going on????
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Paul McChesney (Admin)

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Posted on Tuesday, February 25, 2003 - 8:44 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Gary: This illustrates a common misconception about most medical conditions: for most, a diagnosis is not enough. There are many people with osteoarthritis, spinal stenosis, and degenerative disc disease that are able to work easily; and many who are disabled. You must establish the severity of the disease, and you must show specifically how the limitations it causes prevent you from doing any work. Good lawyers know exactly how to do that.
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AW Miller

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Posted on Wednesday, October 22, 2003 - 10:24 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I have been suffering with pain most of my adult life from an injury sustained in 1965.
I finally received recognition and was granted service connection by the VA. This process has taken in excess of 22 years. After one laminectony in 1981 with some relief, I continue to have severe bouts of pain and am presently being prescribed (2)major pain medications for management (have been for 4 years).I was recently informed I am losing the other disc beside the area removed with narrowing of the spinal space and spinal arthritis.I care not to experience surgery again in fear of increased disabilty.
My question is approximately how much disability is the condition I presently suffer?
Thank you,
AWM
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Paul McChesney (Admin)

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Posted on Sunday, November 02, 2003 - 8:06 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

You sound disabled to me. Whether you can get a check from Social Security is a seperate question, and you have not given me enough information to answer it. If you have another question, please ask again; if it is about getting Social Security benefits, please tell me what your income is from Veteran's benefits; whether it is service connected; what years you have worked, and about what you made each year.
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Anonymous
 

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Posted on Thursday, May 11, 2006 - 2:00 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Hi i am 39 male ben baleing depresstion all my life. but has goten worser last year . Now i have panick attacks in public places cant go to my sons ballgames . tremindos fear of inbarriosment thoughts of killing myself. also have CTS first time trying to get diabilty. And i was wondering if i had some peaple that know me send letters telling of my illness would this help . Hope you can read this thanks

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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.

If the subject of disability is important to you, or if you want to find out more about us, you should explore the rest of this site. To do so, go to our homepage, Carolina-disability.com.

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