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Old 12-18-2013, 05:50 PM
LIT LOVE LIT LOVE is offline
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Join Date: Mar 2010
Posts: 2,304
10 yr Member
LIT LOVE LIT LOVE is offline
Magnate
 
Join Date: Mar 2010
Posts: 2,304
10 yr Member
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Generally speaking, SS does not take into an account if a doc claims you are unable to work. There are vets that have been rated 100% disabled by the VA that spend years fighting for SSDI. So, that's not terribly helpful of him.

Being deemed eligible for SSDI by SS, is a complex medical/legal evaluation. I would not trust the opinion of someone at your Congressman's office knowing how the process really works. Two people with the exact same symptoms and decrease in ability might receive different rulings based upon their age, education or type of previous work.

Can you be found eligible without doing things the way SS wants? Yes. But, it's best to not give SS any wiggle room to deny you, because the process can become very lengthy, consuming, financially difficult, etc.

I'm reusing my posts from the "Don't start..." Sticky. If you've already read them, than you can skip the rest of this post, but if you haven't I think they might help.

http://social-security.lawyers.com/s...isability.html (link is no longer accurate, but I'm listing to give credit)

"Disability is determined using a five-step sequential evaluation process conducted by the SSA. If, at any point, an applicant is found not to be disabled, the evaluation process terminates and the claim for disability insurance benefits is denied. Following are the five requirments in determining disability:

•Substantial gainful activity. If the applicant is currently engaged in substantial gainful activity, there is no disability, regardless of medical condition, age, or work experience.
•Severe impairment. If the applicant is not engaged in substantial gainful activity, the SSA determines whether the applicant has a severe impairment. An impairment is considered "severe" if it significantly limits a person's physical or mental ability to do basic work activities. If there is a finding of severity, the evaluation proceeds to the third step.
•Listing of impairments. If the applicant's condition meets the requirements, or is the equivalent of a disability on the SSA's Listing of Impairments, then the applicant is ruled disabled. If the applicant does not meet the requirements, the sequential evaluation process continues to the fourth step.
•Past relevant work. A medical assessment is performed to determine whether the impairment prevents the applicant from performing his past relevant work. If the applicant is found to be able to perform past relevant work, the claim will be denied. If not, the evaluation process continues to the final step.
•Other work. The SSA evaluates whether the applicant can perform other available work existing in significant numbers in the national economy. The evaluation considers the applicant's residual functional capacity (what the applicant is able to do in a work setting despite the impairment), age, education, and past work experience. If an applicant cannot perform other work, they will be found disabled."

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Attorney Jonathan Ginsberg's link:"Three Winning Arguments in Disability Cases" http://www.ssdanswers.com/three-winn...ability-cases/

Statistics are based upon his experience.

1. 15% Qualify by meeting an IMPAIRMENT LISTING. Even if you do not believe you have a Listed Impairment, you should read through all of them, including the Mental Disorders since parts of the descriptions may be applicable to your disability.http://www.ssa.gov/disability/profes...ltListings.htm

2. 70% Qualify by proving that their Residual Functional Capacity is less than sedentary.
http://www.socialsecurity.gov/OP_Hom...4/404-1545.htm

3. 15% Qualify by meeting a GRID RULE (applicable to those aged 50+): http://http://www.gridrules.net/index.html

Last edited by LIT LOVE; 12-19-2013 at 07:24 AM. Reason: typo
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