Guest guest Posted May 2, 2004 Report Share Posted May 2, 2004 In a message dated 02/05/2004 20:06:24 Central Standard Time, natesmom4@... writes: > You may include anything in the file yourself. It doesn't just have to be > from a doctor. I had my three other children write letters for the file in > their own words of what their brother is like, what he has done, what they see > in their own eyes. This is also how my sister was approved the first time. She wrote how her disease affected her daily life. I wrote how it has changed her and our relationship, her husband, doctors, and our parents wrote. I guess they really need it spelled out not only the medical part, but how it affects daily living. Cary Quote Link to comment Share on other sites More sharing options...
Guest guest Posted May 2, 2004 Report Share Posted May 2, 2004 In a message dated 02/05/2004 20:34:25 Central Standard Time, rhow176@... writes: > How should I present this to the judge without sounding like I'm > whining? Seems like this would explain a lot of further damage and disability due to not being treated so long....but how to word it? I'm sure others know. Cary Quote Link to comment Share on other sites More sharing options...
Guest guest Posted May 2, 2004 Report Share Posted May 2, 2004 You may include anything in the file yourself. It doesn't just have to be from a doctor. I had my three other children write letters for the file in their own words of what their brother is like, what he has done, what they see in their own eyes. That made a big impact. It was in their handwriting, with their names and ages on notebook paper. You should put everything also in writing yourself, include your meds, anything and everything you think of will be considered by the judge. It's not like a judge in a courtroom. Just a small room with you and the judge and your attorney if you have one. Just be sincere. In my son's case I gave him his normal medication, which makes him very tired. He looks very tired and could barely stay away, as is normal for him. The lawyer only wanted to be there with him. The judge asked my son a few things and he was very honest. Such as he told the judge that he is very tired, that he burns his hands because he can't feel them, that he can't get along with people, that he has a bad temper, that he doesn't have many friends because of how he is. You might want to include the Spoons theory in your notes and say that explain how you live each day. I would wear the minimum of jewelry, only the basics. Dress average, not sweats or shorts but just something very basic. Something very comfortable for you. If you have swollen fingers, show him your hands. Anything any friends, family members, co-workers, etc. can write for you would also be considered. I took in a printout form the pharmacy of my son's prescriptions from the past year. That in itself made a big impact and you take more meds than he does. Be sure to take a copy of all of your medical records in case yours are not all in there. If you use a wheelchair regularly, go in with your wheel chair, or your cane, or whatever you use. When we went into public aid to get my son's medical card (before he got SSI) that was a battle. He has foot drop and when he stood up (after sleeping with his head down on the table waiting) he tripped and fell. It was obvious it was not planned as he was very embarrassed. The lawyer we had was a jerk and yelled at my son for sleeping on the table before his SSI hearing and said not to be theatrical. I told him my son is not being theatrical, that is how he is. The sleep disorder is severe. He told me he never saw him sleep while in his office. I told him to check his memory, my son spent 5 minutes in his office the two times we were in there. He slept in the car the several hours I met with him in the office! The lawyer didn't like me at all at I kept throwing things right back at him and intimidated him very much. Have you had your congressman or US senator and asked them to do an inquiry? I have been told that carries a lot of influence to have that in your file. In my son's case it was right on top of the file as our lawyer looked at their file before we went in. Please let me know if you have any specific questions. I'll try to think of more things to let you know. Becky [ ] Anyone with SSDI experience/knowledge? Becky or anyone else, I have my hearing in 24 days. Any helpful suggestions? I have RA, inflammatory arthritis, Osteoarthritis, Osteoporosis, Osteopenia (bone density loss), Steroid dependent Asthma related to RA (possibly Vasculitis), numb feet, Major Depression reoccurrence, Generalized Anxiety Disorder, High blood pressure and accelerated heart rate (from the steroid dependence) and severe sleepapnia. My Rheumy is an arrogant idiot, I absolutely hate him, I've been trying to change to another but couldn't get an appointment for months out. He doesn't listen and when he asks how I am or my pain levels, I tell him and he contradicts me telling me " Well, my other patients...blah blah " Any suggestions on what I should highlight, bring to attention, etc at my hearing would be GREATLY appreciated. Oh..and I have an average of 20+ Dr. appointments a month with 14 prescriptions Quote Link to comment Share on other sites More sharing options...
Guest guest Posted May 2, 2004 Report Share Posted May 2, 2004 Also, if you get turned down, keep appealing and also reapply, in addition to appealing. Somehow it keeps it in the system and eventually they will go back. Don't just let it drop, just keep going on and on with it. Becky [ ] Anyone with SSDI experience/knowledge? Becky or anyone else, I have my hearing in 24 days. Any helpful suggestions? I have RA, inflammatory arthritis, Osteoarthritis, Osteoporosis, Osteopenia (bone density loss), Steroid dependent Asthma related to RA (possibly Vasculitis), numb feet, Major Depression reoccurrence, Generalized Anxiety Disorder, High blood pressure and accelerated heart rate (from the steroid dependence) and severe sleepapnia. My Rheumy is an arrogant idiot, I absolutely hate him, I've been trying to change to another but couldn't get an appointment for months out. He doesn't listen and when he asks how I am or my pain levels, I tell him and he contradicts me telling me " Well, my other patients...blah blah " Any suggestions on what I should highlight, bring to attention, etc at my hearing would be GREATLY appreciated. Oh..and I have an average of 20+ Dr. appointments a month with 14 prescriptions Quote Link to comment Share on other sites More sharing options...
Guest guest Posted May 2, 2004 Report Share Posted May 2, 2004 Wow Becky, that attorney sounded like a real #% & *. Actually I do have a question as to how I should present my RA diagnosis. I was told just last September that I had RA, but while gathering historical medical information for the rheumy, I discovered in my military medical record they made an entry in May 1991, a year before they medically discharged me after 9 years of USMC service. The entry made by the Medical Officer was that he thought I had " Rheumatoid Arthritis and DJD " and recommended a full evaluation. The evaluation never happened and I was never told about the entry. Also the VA (Veterans Administration) Clinic had me tested specifically for RA twice and my RA factor came back positive both times, once in 2001 and again in 2002. Again, I was never told nor treated for the RA. Now, 13 years later and years of suffering and 5 years unable to work, I find out all this. How should I present this to the judge without sounding like I'm whining? I do have the supporting documentation form my military records and the VA records. My family Dr. thinks the bulk of the rest of my medical problems are the result of so many years of untreated RA. What do you think about this and the best way to present it. That's a good idea about letters from kids, family and friends. I had thought of that but figured the judge would think they were biased and not really consider them, but I guess with all the diagnosis and medications the letters would support the medical reports and vice versa (it seems to me). Rick Rick www.whosyomama.com Re: [ ] Anyone with SSDI experience/knowledge? You may include anything in the file yourself. It doesn't just have to be from a doctor. I had my three other children write letters for the file in their own words of what their brother is like, what he has done, what they see in their own eyes. That made a big impact. It was in their handwriting, with their names and ages on notebook paper. You should put everything also in writing yourself, include your meds, anything and everything you think of will be considered by the judge. It's not like a judge in a courtroom. Just a small room with you and the judge and your attorney if you have one. Just be sincere. In my son's case I gave him his normal medication, which makes him very tired. He looks very tired and could barely stay away, as is normal for him. The lawyer only wanted to be there with him. The judge asked my son a few things and he was very honest. Such as he told the judge that he is ver! y tired, that he burns his hands because he can't feel them, that he can't get along with people, that he has a bad temper, that he doesn't have many friends because of how he is. You might want to include the Spoons theory in your notes and say that explain how you live each day. I would wear the minimum of jewelry, only the basics. Dress average, not sweats or shorts but just something very basic. Something very comfortable for you. If you have swollen fingers, show him your hands. Anything any friends, family members, co-workers, etc. can write for you would also be considered. I took in a printout form the pharmacy of my son's prescriptions from the past year. That in itself made a big impact and you take more meds than he does. Be sure to take a copy of all of your medical records in case yours are not all in there. If you use a wheelchair regularly, go in with your wheel chair, or your cane, or whatever you u! se. When we went into public aid to get my son's medical card (b efore he got SSI) that was a battle. He has foot drop and when he stood up (after sleeping with his head down on the table waiting) he tripped and fell. It was obvious it was not planned as he was very embarrassed. The lawyer we had was a jerk and yelled at my son for sleeping on the table before his SSI hearing and said not to be theatrical. I told him my son is not being theatrical, that is how he is. The sleep disorder is severe. He told me he never saw him sleep while in his office. I told him to check his memory, my son spent 5 minutes in his office the two times we were in there. He slept in the car the several hours I met with him in the office! The lawyer didn't like me at all at I kept throwing things right back at him and intimidated him very much. Have you had your congressman or US senator and asked them to do an inquiry? I have been told that carries a lot of influence to have that in your file. & n! bsp; In my son's case it was right on top of the file as our lawyer looked at their file before we went in. Please let me know if you have any specific questions. I'll try to think of more things to let you know. Becky [ ] Anyone with SSDI experience/knowledge? Becky or anyone else, I have my hearing in 24 days. Any helpful suggestions? I have RA, inflammatory arthritis, Osteoarthritis, Osteoporosis, Osteopenia (bone density loss), Steroid dependent Asthma related to RA (possibly Vasculitis), numb feet, Major Depression reoccurrence, Generalized Anxiety Disorder, High blood pressure and accelerated heart rate (from the steroid dependence) and severe sleepapnia. My Rheumy is an arrogant idiot, I absolutely hate him, I've been trying to change to another but couldn't get an appointment for months out. He doesn't listen and when he asks how I am or my pain levels, I tell him and he contradicts me telling me " Well, my other patients...blah blah " Any suggestions on what I should highlight, bring to attention, etc at my hearing would be GREATLY appreciated. Oh..and I have an average of 20+ Dr. appointments a month with 14 prescriptions Quote Link to comment Share on other sites More sharing options...
Guest guest Posted May 2, 2004 Report Share Posted May 2, 2004 Unfortunately, this hearing, although my first hearing, is the last shot I have. I waited 5 years f4rom when I had to stop working before I applied. I had no idea about the 5 year limit (must have worked 5 years (20 qtrs) out of the last 10 years (40 qtrs) ). So, My period of insurability coverage ended in December, 2 months after my second denial and my appeal filing. So, I don't have the luxury of the remaining appeals process. It's all or none on the 27th of this month. Rick Rick www.whosyomama.com Re: [ ] Anyone with SSDI experience/knowledge? Also, if you get turned down, keep appealing and also reapply, in addition to appealing. Somehow it keeps it in the system and eventually they will go back. Don't just let it drop, just keep going on and on with it. Becky [ ] Anyone with SSDI experience/knowledge? Becky or anyone else, I have my hearing in 24 days. Any helpful suggestions? I have RA, inflammatory arthritis, Osteoarthritis, Osteoporosis, Osteopenia (bone density loss), Steroid dependent Asthma related to RA (possibly Vasculitis), numb feet, Major Depression reoccurrence, Generalized Anxiety Disorder, High blood pressure and accelerated heart rate (from the steroid dependence) and severe sleepapnia. My Rheumy is an arrogant idiot, I absolutely hate him, I've been trying to change to another but couldn't get an appointment for months out. He doesn't listen and when he asks how I am or my pain levels, I tell him and he contradicts me telling me " Well, my other patients...blah blah " Any suggestions on what I should highlight, bring to attention, etc at my hearing would be GREATLY appreciated. Oh..and I have an average of 20+ Dr. appointments a month with 14 prescriptions Quote Link to comment Share on other sites More sharing options...
Guest guest Posted May 2, 2004 Report Share Posted May 2, 2004 I would write a summary letter to the judge and include this information. Don't put opinions, just the facts. Be sure to have a copy of your positive tests. I wasn't diagnosed officially for a long time with RA but treated for it, if that makes any sense. I suppose they try to keep the diagnosis off of your medical records so that you are not an insurance risk. Becky [ ] Anyone with SSDI experience/knowledge? Becky or anyone else, I have my hearing in 24 days. Any helpful suggestions? I have RA, inflammatory arthritis, Osteoarthritis, Osteoporosis, Osteopenia (bone density loss), Steroid dependent Asthma related to RA (possibly Vasculitis), numb feet, Major Depression reoccurrence, Generalized Anxiety Disorder, High blood pressure and accelerated heart rate (from the steroid dependence) and severe sleepapnia. My Rheumy is an arrogant idiot, I absolutely hate him, I've been trying to change to another but couldn't get an appointment for months out. He doesn't listen and when he asks how I am or my pain levels, I tell him and he contradicts me telling me " Well, my other patients...blah blah " Any suggestions on what I should highlight, bring to attention, etc at my hearing would be GREATLY appreciated. Oh..and I have an average of 20+ Dr. appointments a month with 14 prescriptions Quote Link to comment Share on other sites More sharing options...
Guest guest Posted May 2, 2004 Report Share Posted May 2, 2004 No, there is still something you can do. The congressman told me that if he was turned down to reapply but there is still more appeal after your third one, even though they make you think there isn't. It does not stop there and does go retroactive back even when you do a new application. It just keeps you in the system. It is not your fault that they are doing this to you. You might want to try a legal aid attorney if you don't already have an attorney or one who specializes in this. There is a local company here that helps all over the country. There will be a fee but you should get a lot of back pay to cover it and there is a limit as to how much they can charge you. It is not 1/3 or anything even close. Something like $4000 max of your settlement. Check your area for someone who specializes in disability to help. Becky [ ] Anyone with SSDI experience/knowledge? Becky or anyone else, I have my hearing in 24 days. Any helpful suggestions? I have RA, inflammatory arthritis, Osteoarthritis, Osteoporosis, Osteopenia (bone density loss), Steroid dependent Asthma related to RA (possibly Vasculitis), numb feet, Major Depression reoccurrence, Generalized Anxiety Disorder, High blood pressure and accelerated heart rate (from the steroid dependence) and severe sleepapnia. My Rheumy is an arrogant idiot, I absolutely hate him, I've been trying to change to another but couldn't get an appointment for months out. He doesn't listen and when he asks how I am or my pain levels, I tell him and he contradicts me telling me " Well, my other patients...blah blah " Any suggestions on what I should highlight, bring to attention, etc at my hearing would be GREATLY appreciated. Oh..and I have an average of 20+ Dr. appointments a month with 14 prescriptions Quote Link to comment Share on other sites More sharing options...
Guest guest Posted May 2, 2004 Report Share Posted May 2, 2004 WOW, lots of really great advice from all of you. Thank you so much. I guess the main thing is just tell the truth..the ENTIRE detailed truth. Sounds like that's the key. Rick www.whosyomama.com Re: [ ] Anyone with SSDI experience/knowledge? I would write a summary letter to the judge and include this information. Don't put opinions, just the facts. Be sure to have a copy of your positive tests. I wasn't diagnosed officially for a long time with RA but treated for it, if that makes any sense. I suppose they try to keep the diagnosis off of your medical records so that you are not an insurance risk. Becky [ ] Anyone with SSDI experience/knowledge? Becky or anyone else, I have my hearing in 24 days. Any helpful suggestions? I have RA, inflammatory arthritis, Osteoarthritis, Osteoporosis, Osteopenia (bone density loss), Steroid dependent Asthma related to RA (possibly Vasculitis), numb feet, Major Depression reoccurrence, Generalized Anxiety Disorder, High blood pressure and accelerated heart rate (from the steroid dependence) and severe sleepapnia. My Rheumy is an arrogant idiot, I absolutely hate him, I've been trying to change to another but couldn't get an appointment for months out. He doesn't listen and when he asks how I am or my pain levels, I tell him and he contradicts me telling me " Well, my other patients...blah blah " Any suggestions on what I should highlight, bring to attention, etc at my hearing would be GREATLY appreciated. Oh..and I have an average of 20+ Dr. appointments a month with 14 prescriptions Quote Link to comment Share on other sites More sharing options...
Guest guest Posted May 3, 2004 Report Share Posted May 3, 2004 Ability to function on a daily basis is clearly one of the factors a judge will look at. It is important to highlight those things that will put your case in the best light. You will be asked age, work experience, education/training and then ability to function - particularly in a work place- questions. Age is gridded out - the older you are the better your claim- inasmuch as SS believes you really can't teach an old dog new tricks. 50 is approaching advanced age...and I believe 55 and older is considered advanced age- meaning the likelihood of retraining from previous employment is slim. If you can only stand 10 minutes -say so. If you can't sit for very long- say that. If you can't walk upstairs or walk any distance - highlight that so it becomes part of the record. If you cannot do housework say so. If you don't sleep well- mention it. If you can only work for a few hours at home- then need a nap- say so - very few employers will work with you on those things. Your hearing is no place to be a hero- if you hurt and are depressed - tell the ad law judge. But also be realistic. We periodically see clients who say they can only sit for a half hour at a time and then sit through a three hour hearing. If you need to stand up - sit down- move around- ask permission of course- but do do it. If you can travel at all - always ask for an in person hearing so the judge can put a name face and problem together. You will likely be asked severity of pain- be honest. Don't downplay but be honest. If you are able to attend a hearing with or without pain meds for example - it is highly unlikely your pain level that day is a 10 out of 10 ( see where I am going here? ). Let me give you an example - A hairdresser, who has worked primarily or only as a hairdresser- with a high school diploma and tech school training who is 50 years old and has RA may have a successful case if she can demonstrate that she can no longer stand for long periods of time; needs frequent rest periods, has trouble with her handsetc. Her medicals are not unimportant but they aren't the only thing. They will demonstrate - hopefully - the RA diagnosis- that she is under a Dr. 's regular care; that she takes more than tylenol for pain- what meds are being used is critical- and if a Dr. says she is unable to work - all the better. Does this make sense?? I'd be happy to answer a few more specific questions - but this is what we look at when we look at and review a file for merit when we send it on to our pro bono counsel who do these cases. > In a message dated 02/05/2004 20:06:24 Central Standard Time, > natesmom4@... writes: > > > > You may include anything in the file yourself. It doesn't just have to be > > from a doctor. I had my three other children write letters for the file in > > their own words of what their brother is like, what he has done, what they see > > in their own eyes. > > This is also how my sister was approved the first time. She wrote how her > disease affected her daily life. I wrote how it has changed her and our > relationship, her husband, doctors, and our parents wrote. I guess they really > need > it spelled out not only the medical part, but how it affects daily living. > Cary > > > Quote Link to comment Share on other sites More sharing options...
Guest guest Posted May 3, 2004 Report Share Posted May 3, 2004 Thanks for the detailed information . I do have a question if I may. Plain and simple.my rheumy is an arrogant idiot, in my opinion. I know, then why am I seeing him. I have only been seeing him for about 7 months and have been trying to get another rheumy, but the waiting time for new patients for a rheumy is 4 months or more (I am on a waiting list, have appointment with new rheumy in June) Anyway, my current rheumy and only RA Dr. I have seen. Is very condescending and arrogant. He becomes obviously angry if I ask him a question or contradict him when he tries to give me meds he KNOWS I am very allergic to (anything containing aspirin). When he asks me my pain levels, I tell him honestly and he responds with a look if disbelief. He asks me where I am hurting right now, I tell him, he then tells me, well, my other patients usually don't hurt here if the hurt their or only hurt in upper areas or bottom areas but not both. During one appointment I told him I wasn't paying him to tell me about his other patients, I was there for me and my pains. He stormed out of the room, appointment over. That's when I looked for another. Unfortunately my hearing is a week before my appointment with the new rheumy and I just got a copy of my record from this Dr. He apparently, as I suspected, hasn't listened to a single word I have said. He has comments in his notes like. " This patient is doing surprisingly well considering. " And " Patient has no obvious pain " things like that. This is what the Judge will be looking at. This is very far from what has been said during appointments by both him and me. How do I deal with this in my hearing? Of course I know I could tell him what I just told you, but I can't back it up, that's what the records are suppose to do. Rick www.whosyomama.com Re: [ ] Anyone with SSDI experience/knowledge? Ability to function on a daily basis is clearly one of the factors a judge will look at. It is important to highlight those things that will put your case in the best light. You will be asked age, work experience, education/training and then ability to function - particularly in a work place- questions. Age is gridded out - the older you are the better your claim- inasmuch as SS believes you really can't teach an old dog new tricks. 50 is approaching advanced age...and I believe 55 and older is considered advanced age- meaning the likelihood of retraining from previous employment is slim. If you can only stand 10 minutes -say so. If you can't sit for very long- say that. If you can't walk upstairs or walk any distance - highlight that so it becomes part of the record. If you cannot do housework say so. If you don't sleep well- mention it. If you can only work for a few hours at home- then need a nap- say so - very few employers will work with you on those t! hings. Your hearing is no place to be a hero- if you hurt and are depressed - tell the ad law judge. But also be realistic. We periodically see clients who say they can only sit for a half hour at a time and then sit through a three hour hearing. If you need to stand up - sit down- move around- ask permission of course- but do do it. If you can travel at all - always ask for an in person hearing so the judge can put a name face and problem together. You will likely be asked severity of pain- be honest. Don't downplay but be honest. If you are able to attend a hearing with or without pain meds for example - it is highly unlikely your pain level that day is a 10 out of 10 ( see where I am going here? ). Let me give you an example - A hairdresser, who has worked primarily or only as a hairdresser- with a high school diploma and tech school training who is 50 years old and has RA may have a successful case if she can demonstrate that she can no longer stand for long periods of time; needs frequent rest periods, has trouble with her handsetc. Her medicals are not unimportant but they aren't the only thing. They will demonstrate - hopefully - the RA diagnosis- that she is under a Dr. 's regular care; that she takes more than tylenol for pain- what meds are being used is critical- and if a Dr. says she is unable to work - all the better. Does this make sense?? I'd be happy to answer a few more specific questions - but this is what we look at when we look at and review a file for merit when we send it on to our pro bono counsel who do these cases. > In a message dated 02/05/2004 20:06:24 Central Standard Time, > natesmom4@... writes: > > > > You may include anything in the file yourself. It doesn't just have to be > > from a doctor. I had my three other children write letters for the file in > > their own words of what their brother is like, what he has done, what they see > > in their own eyes. > > This is also how my sister was approved the first time. She wrote how her > disease affected her daily life. I wrote how it has changed her and our > relationship, her husband, doctors, and our parents wrote. I guess they really > need > it spelled out not only the medical part, but how it affects daily living. > Cary > > > Quote Link to comment Share on other sites More sharing options...
Guest guest Posted May 4, 2004 Report Share Posted May 4, 2004 First bit of advice - not only for legal but medical/health reasons- get rid of the idiot doctor. His reports are going to kill you- both in the Social Security claim and in his treatment of your RA. I don't think bedside manner is everything but when he doesn't even pay attention to your drug allergies...that is scary. You probably won't like my advice- but you need a new doctor's report - NOW- before the hearing. While certainly you can testify to why the reports are inaccurate - the ALJ - will take the medical reports into account unless you have something to contradict them from another doctor. What about your family/primary care physician- can you get anything from that Doctor which will confirm what you are saying and contradict the rheumatologist in some way?? The other thing you can arguably do is to indicate on the record that you have an appointment with a new rheumy- because of the old doc's inability to control your disease. If you can demonstrate that - it is possible to ask to keep the record open- so that the administrative law judge ( ALJ) can take both reports into account. Good luck, > Thanks for the detailed information . I do have a question if I > may. Plain and simple.my rheumy is an arrogant idiot, in my opinion. I > know, then why am I seeing him. I have only been seeing him for about 7 > months and have been trying to get another rheumy, but the waiting time > for new patients for a rheumy is 4 months or more (I am on a waiting > list, have appointment with new rheumy in June) Anyway, my current > rheumy and only RA Dr. I have seen. Is very condescending and arrogant. > He becomes obviously angry if I ask him a question or contradict him > when he tries to give me meds he KNOWS I am very allergic to (anything > containing aspirin). When he asks me my pain levels, I tell him honestly > and he responds with a look if disbelief. He asks me where I am hurting > right now, I tell him, he then tells me, well, my other patients usually > don't hurt here if the hurt their or only hurt in upper areas or bottom > areas but not both. During one appointment I told him I wasn't paying > him to tell me about his other patients, I was there for me and my > pains. He stormed out of the room, appointment over. That's when I > looked for another. Unfortunately my hearing is a week before my > appointment with the new rheumy and I just got a copy of my record from > this Dr. He apparently, as I suspected, hasn't listened to a single word > I have said. He has comments in his notes like. " This patient is doing > surprisingly well considering. " And " Patient has no obvious pain " things > like that. > This is what the Judge will be looking at. This is very far from what > has been said during appointments by both him and me. How do I deal with > this in my hearing? Of course I know I could tell him what I just told > you, but I can't back it up, that's what the records are suppose to do. > > Rick > www.whosyomama.com > Re: [ ] Anyone with SSDI experience/knowledge? > > Ability to function on a daily basis is clearly one of the factors a > judge will look at. It is important to highlight those things that will > put your case in the best light. You will be asked age, work experience, > education/training and then ability to function - particularly in a work > place- questions. Age is gridded out - the older you are the better your > claim- inasmuch as SS believes you really can't teach an old dog new > tricks. 50 is approaching advanced age...and I believe 55 and older is > considered advanced age- meaning the likelihood of retraining from > previous employment is slim. If you can only stand 10 minutes -say so. > If you can't sit for very long- say that. If you can't walk upstairs or > walk any distance - highlight that so it becomes part of the record. If > you cannot do housework say so. If you don't sleep well- mention it. If > you can only work for a few hours at home- then need a nap- say so - > very few employers will work with you on those t! hings. Your hearing is > no place to be a hero- if you hurt and are depressed - tell the ad law > judge. But also be realistic. We periodically see clients who say they > can only sit for a half hour at a time and then sit through a three hour > hearing. If you need to stand up - sit down- move around- ask permission > of course- but do do it. If you can travel at all - always ask for an in > person hearing so the judge can put a name face and problem together. > You will likely be asked severity of pain- be honest. Don't downplay but > be honest. If you are able to attend a hearing with or without pain > meds for example - it is highly unlikely your pain level that day is a > 10 out of 10 ( see where I am going here? ). > > Let me give you an example - A hairdresser, who has worked primarily or > only as a hairdresser- with a high school diploma and tech school > training who is 50 years old and has RA may have a successful case if > she can demonstrate that she can no longer stand for long periods of > time; needs frequent rest periods, has trouble with her handsetc. Her > medicals are not unimportant but they aren't the only thing. They will > demonstrate - hopefully - the RA diagnosis- that she is under a Dr. 's > regular care; that she takes more than tylenol for pain- what meds are > being used is critical- and if a Dr. says she is unable to work - all > the better. Does this make sense?? I'd be happy to answer a few more > specific questions - but this is what we look at when we look at and > review a file for merit when we send it on to our pro bono counsel who > do these cases. > > > > > > In a message dated 02/05/2004 20:06:24 Central Standard Time, > > natesmom4@... writes: > > > > > > > You may include anything in the file yourself. It doesn't just have > to be > > > from a doctor. I had my three other children write letters for the > file in > > > their own words of what their brother is like, what he has done, > what they see > > > in their own eyes. > > > > This is also how my sister was approved the first time. She wrote how > her > > disease affected her daily life. I wrote how it has changed her and > our > > relationship, her husband, doctors, and our parents wrote. I guess > they really > > need > > it spelled out not only the medical part, but how it affects daily > living. > > Cary > > > > > > Quote Link to comment Share on other sites More sharing options...
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