[ellajclaassen]

You said you are disabled due to a combination of physical and mental problems.
The evidence shows that you should avoid work that involves prolonged strenuous activity and heavy lifting.You would also do best work that is not complicated in nature and that does not deal directly with the general public and co-workers.We realize that your condition prevents you from doing your usual work.However,based on you age,education and past work experience,you can do other work.Therefore,a period of disability cannnot be established.

So i am waiting for a date for a judgement with judge.
I have called many attorneys and they all said this sounds good because they will have to prove there is work for me.
What do you think?

[ellajclaassen]

When i get a date and time i will sign for the attorney

[bdh1]

Originally Posted by ellajclaassen

You said you are disabled due to a combination of physical and mental problems.
The evidence shows that you should avoid work that involves prolonged strenuous activity and heavy lifting.You would also do best work that is not complicated in nature and that does not deal directly with the general public and co-workers.We realize that your condition prevents you from doing your usual work.However,based on you age,education and past work experience,you can do other work.Therefore,a period of disability cannnot be established.

So i am waiting for a date for a judgement with judge.
I have called many attorneys and they all said this sounds good because they will have to prove there is work for me.
What do you think?

Those words mean: You won't be able to do the job you had before making $20 an hr.(example) but you can do a job paying minimum wage. It's BS.
Good luck to you/

[misterkatamari]

My neighbor has an ambiguous neurological problem similar to MS. She has very little leg muscle She uses braces and a cane to walk and has broken her hip on like 2 occasions. Screws everywhere. She's 65 and worked for a long time. They had the gall to tell her she could work too at first.

She filed an appeal though and won SSDI. She doesn't get loads but its just a shame that they expect these people to find jobs. What jobs? She was a housekeeper. Are they going to help her get a job as a telemarketer at her own home? I really doubt that. It's complete BS and she definitely deserves her SSDI. She worked hard and deals with severe disability. She would be working past retirement age if she had her own wish and was well, it isn't like she is a leech!

So yeah, I agree with what the other poster said. The letter sounds like BS and I'd appeal it. Let us know what happens.

[don1956]

went thru that same thing to.they seem to use those same criteria on everyone.i worked construction for 30yrs at "lockheed"my case dragged until i turned55. maintenance is all i ever did.but i dont know your case,but dont let them stop you(Fed's).they have a lot of "deadBeats"out there whose getting "SSD".

[SSDIHelp]

"I have called many attorneys and they all said this sounds good because they will have to prove there is work for me.
What do you think?

"

Unfortunately, SSDI doesn't have to prove there is work for you. SSDI uses the Dictionary of Occupation (http://www.occupationalinfo.org/) to classify jobs. Personally, I can think of numerous jobs that meet the description mentioned.
It's more unfortunate that you were denied. My best advice is to search for a vocational expert of your own and get assessed. Just do a search there are numerous resources for you. Also contact any disability service in your area that could recommend someone.
The statistics are that 30.7% of all denied claims are "able to do other work." Another sad statistic is that 86% of all claims are denied at the 'reconsideration level' which is the first appeal.
When you are denied at the hearing level in front of an ALJ (administrative law judge) your second appeal, you can file a second application that includes aditional evidence of your inability to work. See SSDI-Help.com, Tips and TEchinques for instructions on to file a second claim.
There are a number of supplemental forms you and your doctors or mental health professionals can complete and submit as evidence. SSDI-Help.com has a listing of forms for printing you can use. In your case I would recommend: Adult Function Report, 3373-BK that you complete; Mental Residual Functional Capacity, 4734-SUP that a mental health professional completes and Physical Residual Functional Capacity, 4734-BK that a physican would complete. These are complicated forms so be thorough and patient. Get copies of all your medical records.
Good luck,
Trudi

[ballerina]

Originally Posted by SSDIHelp

"

Unfortunately, SSDI doesn't have to prove there is work for you. SSDI uses the Dictionary of Occupation (http://www.occupationalinfo.org/) to classify jobs. Personally, I can think of numerous jobs that meet the description mentioned.
It's more unfortunate that you were denied. My best advice is to search for a vocational expert of your own and get assessed. Just do a search there are numerous resources for you. Also contact any disability service in your area that could recommend someone.
The statistics are that 30.7% of all denied claims are "able to do other work." Another sad statistic is that 86% of all claims are denied at the 'reconsideration level' which is the first appeal.
When you are denied at the hearing level in front of an ALJ (administrative law judge) your second appeal, you can file a second application that includes aditional evidence of your inability to work. See SSDI-Help.com, Tips and TEchinques for instructions on to file a second claim.
There are a number of supplemental forms you and your doctors or mental health professionals can complete and submit as evidence. SSDI-Help.com has a listing of forms for printing you can use. In your case I would recommend: Adult Function Report, 3373-BK that you complete; Mental Residual Functional Capacity, 4734-SUP that a mental health professional completes and Physical Residual Functional Capacity, 4734-BK that a physican would complete. These are complicated forms so be thorough and patient. Get copies of all your medical records.
Good luck,
Trudi

Thanks as usual for your very solid information regarding SSDI!!!!!!!!!!!!!!!!!!!

[LIT LOVE]

Because the decision found you are unable to return to your usual work, the burden does shift to the SSA to show that you are capable of performing Substantial Gainful Activity, based upon your Residual Functional Capacity, age, education, and work experience.

The exertional limitations listed in the decision don't reflect that you have a severe physical impairment: "The evidence shows that you should avoid work that involves prolonged strenuous activity and heavy lifting." The RFC assesment, exertional classifications of work are: sedentary, light, medium, heavy, and very heavy work. There are many unskilled occupations within each of the listed exertional levels. The lower the RFC assessment (i.e. sedentary), the fewer jobs a Vocational Counselor will claim you can perform.

link to SS Code of Federal Regulations--Physical Exertion Requirements
http://www.ssa.gov/OP_Home/cfr20/404/404-1567.htm

The functional limitations listed: "You would also do best work that is not complicated in nature and that does not deal directly with the general public and co-workers." again acknowledges work restrictions, but doesn't seem to reflect a severe impairment.

link to SS Appendix 1,12.01 Category of Impairments--Mental
http://www.ssa.gov/OP_Home/cfr20/404/404-ap10.htm


See if you can provide additional documentation from your doc/s further reducing your work restrictions. Make notes of any impairments listed by SS, that effect you, but were not addressed in your RFC.

The cumulative effects of all your ailments, meds, physical and mental demands, will also be considered, but severity of impairments is key.

In this case, an attorney or non-profit advocate would make sense, IMHO.