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Join Date: Feb 2010
Location: The nicest and cleanest city in Georgia
Posts: 440
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Join Date: Feb 2010
Location: The nicest and cleanest city in Georgia
Posts: 440
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Quote:
Originally Posted by daylilyfan
legalmania - I did work, all but about one month, from the time I was 17 till last December, at 51. I have a lot of pain when doing anything. I have multiple chronic pain diseases. I have diagnosis, but how can I prove I can't sit, type etc? I have had all the tests and treatments they have thrown at me for the last 10 years, and I keep getting worse. I have complained repeatedly over the years about inability to walk, balance, hold things, sit, have taken medication to try to improve focus and concentration. But, I cannot control what the docs do not put in their files. I can give them a long list of problems and in the file it says "continues to have problems" or "feels like she functions halfway in her life" but nothing really specific about can only walk 5 minutes, stand 5 minutes, etc. Very frustrating. The family doc, rheumy, and pain doc all "say" they are behind me not working. But I have no idea what they may put in reports. My old job - I was let go because I could not perform up to standards anymore. I worked at a computer doing graphics and photo manipulation. I can't operate a PC, don't know Word, spreadsheets, etc. I can't hold a phone, can't use a headset. I use a phone here at home on speaker.
I have all the doctors records and notes. Finz, I don't think they go into enough detail to help me.
In short, I think I am screwed.  |
Hi daylilfan instead of me trying to explain it I thought I would send you verbatim right from the Social Security site: Hope this helps.
http://www.ssa.gov/pubs/10029.html
Quote:
We will review your application to make sure you meet some basic requirements for disability benefits. We will check whether you worked enough years to qualify. Also, we will evaluate any current work activities. If you meet these requirements, we will send your application to the Disability Determination Services office in your state.
This state agency completes the disability decision for us. Doctors and disability specialists in the state agency ask your doctors for information about your condition. They will consider all the facts in your case. They will use the medical evidence from your doctors and hospitals, clinics or institutions where you have been treated and all other information. They will ask your doctors:
* What your medical condition is;
* When your medical condition began;
* How your medical condition limits your activities;
* What the medical tests have shown; and
* What treatment you have received.
They also will ask the doctors for information about your ability to do work-related activities, such as walking, sitting, lifting, carrying and remembering instructions. Your doctors are not asked to decide if you are disabled.
The state agency staff may need more medical information before they can decide if you are disabled. If more information is not available from your current medical sources, the state agency may ask you to go for a special examination. We prefer to ask your own doctor, but sometimes the exam may have to be done by someone else. Social Security will pay for the exam and for some of the related travel costs.
How we make the decision
We use a five-step process to decide if you are disabled.
1. Are you working?
If you are working and your earnings average more than a certain amount each month, we generally will not consider you disabled. The amount changes each year. For the current figure, see the annual Update (Publication No. 05-10003).
If you are not working, or your monthly earnings average the current amount or less, the state agency then looks at your medical condition.
2. Is your medical condition “severe”?
For the state agency to decide that you are disabled, your medical condition must significantly limit your ability to do basic work activities—such as walking, sitting and remembering—for at least one year. If your medical condition is not that severe, the state agency will not consider you disabled. If your condition is that severe, the state agency goes on to step three.
3. Is your medical condition on the List of Impairments?
The state agency has a List of Impairments that describes medical conditions that are considered so severe that they automatically mean that you are disabled as defined by law. If your condition (or combination of medical conditions) is not on this list, the state agency looks to see if your condition is as severe as a condition that is on the list. If the severity of your medical condition meets or equals that of a listed impairment, the state agency will decide that you are disabled. If it does not, the state agency goes on to step four.
4. Can you do the work you did before?
At this step, the state agency decides if your medical condition prevents you from being able to do the work you did before. If it does not, the state agency will decide that you are not disabled. If it does, the state agency goes on to step five.
5. Can you do any other type of work?
If you cannot do the work you did in the past, the state agency looks to see if you would be able to do other work. It evaluates your medical condition, your age, education, past work experience and any skills you may have that could be used to do other work. If you cannot do other work, the state agency will decide that you are disabled. If you can do other work, the state agency will decide that you are not disabled.
Special rules for blind people
There are a number of other special rules for people who are blind. For more information, ask for If You Are Blind Or Have Low Vision—How We Can Help (Publication No. 05-10052).
We will tell you our decision
When the state agency reaches a decision on your case, we will send you a letter. If your application is approved, the letter will show the amount of your benefit and when your payments start. If your application is not approved, the letter will explain why and tell you how to appeal the decision if you do not agree with it.
What if I disagree?
If you disagree with a decision made on your claim, you can appeal it. The steps you can take are explained in The Appeals Process (Publication No. 05-10041), which is available from Social Security.
You have the right to be represented by an attorney or other qualified person of your choice when you do business with Social Security. More information is in Your Right To Representation(Publication No. 05-10075), which is also available from Social Security.
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I make sure all my clients have MRIs because then you have a specialist that puts a name to your disease, if it's on the disability list you have a good chance to qualify. Besides the MRIs have you had any scans? Like CT scans or full body scans? If they say you're suffering from a severe bone disease that makes your case stronger. Good luck.
Last edited by Chemar; 08-03-2010 at 07:50 AM.
Reason: adding link and quote tags
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