Originally Posted by LIT LOVE

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.