Quote:
Originally Posted by Ironbutterfly
Husband has an ALJ hearing in a few months. However, he is schedule to have rods and screws removed out of spine due to the extreme pain post spinal fusion of one year (his second). Surg says 50/50 chance of working.
He is 54 and will be 55 a month after alj hearing.
Should hus take RFC form to surgeon when he meets pre-surgical next month and have him complete? Or does he have it filled out after surgery?
The timing of all this is ironic. Currently he can't sit our stand more then 30min, has a college degree, but never worked in that degree field. Was hard laborer for 24 plus years.
Not sure whether to have these forms filled out now, later, or both.
His original application was denied as they felt he could do sedentary work, light duty per surgeon...but that was 6mos after surgery when he tried to return to work.
after 6mos, his job told him to go on LTD as they couldn't find a job for him due to his limitations (couldn't lift more then 20# for life, no crawling, bending, no long hrs of standing, etc.
1 yr after spinal, he can't sit more the 30min tops or stand LONGER then 30min. In extreme pain all the time. Has to lay down during the day, has to take meds to sleep, due to pain, etc. He had two total knee replacements, one this past year, so he can't knee at all.
He can drive short distance and do some grocery shopping. Does that automatically disqualify a person for SSDI?
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No, this would not disqualify him.
The ALJ will likely question if there's enough time between the surgery and the hearing to determine what his long term prognosis is. Many docs are optimistic about how a surgery will improve a condition, long before the evidence supports it.
You might want to have them done as close to the hearing as possible.
Also, you MAY want to research Partially Favorable Decisions and discuss the option with your attorney. If it seems the ALJ will deny him, you could suggest a PFD. That would give him a closed period award. From the time of eligibility to a few months after the back surgery. If he wouldn't be eligible to start a new claim due the time lapse, this might be a VERY bad idea.
This link may not apply to your hubby since he has restrictions regarding sitting, but I think it's a very good example of how the process works.
http://en.m.wikipedia.org/wiki/Surve...system_monitor
I was faced with having to prove I couldn't perform this job (the only one Voc Rehab claimed I could) even though it doesn't exist in today's job market.
His age will be in his favor. the recent surgery and his degree might complicate things. Discuss the RFC with the doc before he fills it out... An RFC purporting potential improvement would be qn issue.