What are my chances ?
 

Although I do not want to I may have to stop working. I have severe DDD in L1-S1 with severe Foraminal Stenosis L4-L5, along with grade 1 Scoliosis and Retrolisthesis. This causes constant low back pain and intermittent but severe Sciatica. I have been through therapy and injections and medications with no relief. The NS says I need a fusion at L4-S1. I have been getting Synvisc injections in my knee but they too no longer work and I need a replacement. I am 55 years old with a Assoc. degree and I have been a concrete carpenter for the last 29 years and have worked steadily. I can no longer stand on my feet for more than an hour without sitting down and when I do sit I get pain going down both legs. My GP is the one who suggested filing for disability. Since I am still working and have not filed a claim with SS yet, the lawyers I have talked to are very non committal. Do I have a case? Any input would be appreciated.

It's easier to get SSDI(plus your age is a big plus) with lower back problems rather than upper back(I have cervical spine arthritis ). If you can't stand for 6 out of 8 hrs-bingo we have a winner. I think they go back 15 yrs in your work history so being able to stand for long periods would probably be impossible. Because of your age they may not consider your education(see final sentence). Sitting for long periods probably is a problem also(sitting job requires sitting 6 out of 8 hrs). Sounds like you have a case. If you can't stand or sit-I don't see how education matters.

When I take all my meds, Mobic, Flexeril, Neurontin, I can stand for about two hours and sit for about an hour without pain. Much less when I don`t take them. One more question. If I apply, does it make a difference if I postpone the back surgery? The idea of fusion surgery really scares me.

Seems like you are right on the borderline for standing 6 out of 8 hrs. There are no guarantees especially with back surgery. It could make things worse. I myself,would pass on surgery. Medications do little to relieve my pain plus I have a heart condition and taking anti-inflamatories is sorta a no-no. Get a second opinion. Do a google search on SSDI-lower back pain. Check out the SSA blue book for SSDI.

The reason a lawyer isn't too interested is because you probably would get approved within 3-6 months, which means you wouldn't get much back pay and they wouldn't much of a fee (25% of your back pay). You really don't need a lawyer for your initial claim and sounds like, as long as you have all your Dr. and medical info, you should be approved.
Good luck!!!

if you are working full duty in your job you will not be approved because obviously they will feel you can work. not being sarcastic just trying to help.

The question that has to be answered is can you do substantial gainful activity? You say you can stand for an hour and then need to sit, then suffer continued pain. So even though you can't do work as a carpenter anymore, could you do something else like answer phones, or help around an office. If you feel the pain is just to much to bare then I would apply. One of the first things they are going to look at is if you have enough work credits. After that they will look into your medical history, do you have MRIs, what medications are you on, how often you see a doctor for pain, have you had any surgeries? Has the pain affected your daily activities, have you tried alternative medications. what therapies have your tried? Whether you have a case or not depends on if you fit all the elements required by SS disability.

I am not working full duty and I have not since Sept.. The job I am on now, I have a supervisor position which does not require any working with the tools. I can not wear a tool belt for more than a half hour before I have to take it off because of the pain. When this job is over in a couple of weeks I will schedule the knee replacement. I have plenty of credits and the report from SS which show my benefit amounts. Had the MRI, EMG, two opinions on the surgeries, and I am in the process of trying different meds to manage the pain. I also need surgery on my right elbow to remove bone spurs and chips which causes pain, swelling, and tingling down my lower arm. This all goes with the hip and Achilles tendon replacement I went through 5 years ago. I have read the SS rules and just trying to get some more opinions and not take anything for granted.

I would think it will depend on how you are after the surgery.

If you are able to do the supervisory job that you are now, SSA would say that you are not disabled. The fact that that job won't be available to you soon isn't their concern.....it proves that you can do A job. It doesn't matter to SSA if you can't do your old job, they will want to determine if you can do ANY job.

Good luck with getting through all of this.

If I were you I would fill out an application on line. Just make sure to include all doctors, surgeries, medications and include everything you've been going through the last 5 years. Hopefully you'll get approved right away.

This one statement that is 100% true but makes no sense what so ever. I mean about SSA rules for employment. If a person becomes disabled and can no longer perform their old job and SSA agrees with this.

Q. Is SSA going to pay for this person to be retrained? A. NO.

Q. This person is disabled, is anyone going to hire them? A. Very Doubtful.

Q. With the job market as is, is this person going to be able to find a job? A. Very Doubtful.

Q. If a job were open 3 counties away, is SSA going to relocate this person? A. NO.

If a persons doctor tells them that they can no longer perform work because of medical problems, then SSA should have to evaluate the employment or job status where this person lives. They should consider if there is a job nearby that this person could possibly do with their limitations. They should consider that if there was a job 25 or 50 miles away paying $8.00 an hour, would this be feasible for this person to travel this far. It would take most of the paycheck just to pay for gas. If there was a job in the next state, SSA should consider if the person is financially able to make the move. I know that SSA will never consider any of this in a claim decision. I think instead of just having a SSA claim worker and a medical examiner deciding claims, there should also be a human relations or resources worker involved.

So your point is that place of residence should be a factor in determining whether or not a person was disabled. A a person who chose to reside in or move to a remote rural area would be approved but a person who chose to live near employment opportunities would be denied. Deciding where to live is a choice. Americans have always had the right and ability to relocate if there was more opportunity somewhere else. They can also choose to live in a depressed area if that is what they want. Using this as criteria, if someone were entitled to SSDI or SSI, they could lose those benefits if a new company opened up in their commute area because then there is a possible job that they could do. SSA should keep track of businesses opening and closing in every city and town and county in America.

A person who chooses to learn and work at a trade that is becoming obsolete (buggy repair for instance) should have an advantage in a disability finding over a person who chose to learn a skill like office machine repair?

Many disabled people go to work every day. Many disabled people find jobs every day. Many companies hire disabled people every day. Sheltered workshops hire the mentally challenged, the federal government gives precedence to disabled veterans, other employers get tax credits if they hire someone who meets some disability standard.

Also, if the economy is bad (based on some economic statistic) a person could be entitled but if the economy picks up, the benefits should stop? Or that people who are file a claim when the economy is bad get a different set of criteria than people who file a claim when the economy is booming (assuming the same medical condition)?

Adding this layer of bureaucracy and regulation to an already bloated system does not sound like a good idea to me at all. Also makes the decision based less on objective medical criteria and more on choices made by the claimant.

I wondered how long it would take for someone to say this.

Use your god given ability to face simple facts of today's life.

If a person was born, raised and worked in the same place all there life, it should be considered.
That person should not have to move to another city or state simply because they became disabled.

If a disabled person can find a job that suits them and they can do the job, yes take the job.

What do you suppose are the chances of the economy picking up in the foreseeable future?

This is NOT bureaucracy.
It is my opinion on the whole damn situation and I have the right to voice my opinion.

I said I knew these things would never come into light with SSA but it"s my personal opinion that they should be part of a disability claim. That is all.

Just seen a story on a local tv station the other day. Companies now are refusing to hire able-bodied unemployed people because they want to hire only people who are currently working. The tv station lawyer said this was perfectly legal. So if you are disabled and looking for work good luck. Companies don't want to hire people with health problems who have a higher rate of absentism.

Thank You!
This is my point exactly. SSA does not consider that the disabled can not find work. The local Department of Health and Human Resources should be contacted by SSA to decide whether employment in an easy or doable job is possible when SSA decides a claim. And know I don't mean a person should move away from their home to file for disability. If you live in a big city where the odds of finding a job are favorable, then you shouldn't move to a rural area and file because of that fact. There are ways to make something like happen but hotter heads must prevail.

I received a letter from my employer saying basically I was unemployable so I guess that helped my case in winning SSDI. Its too bad they didn't consider it the first time around but I was on LTD so it wasn't as bad as not having income coming in.

If you don't believe a disabled person should be required to move why are you discriminating against the able bodied? Why should the able bodied person then be required to move if there were no jobs in the area they choose to live in?

Anyone who chooses to live in a depressed area is owed a living by the government or only the disabled who choose to live in a depressed area are owed a living? What about the spouse of the disabled person who can't find a job in a depressed area? Is the spouse owed a living also or should the able bodied spouse live off of the money paid to the disabled person?

Or maybe the government should force an industry to move to the depressed area to provide jobs for both the able bodied and disabled who choose to live there?

And what if they only lived there most of their life, but not all of it? And what if their families had moved away for better opportunities?

The US economy has ebbs and flows throughout history. We recovered from the Great Depression. I have faith that America will continue to have peaks and valleys.

I don't believe that anyone is owed money just because they choose to live where there are few jobs. I believe America continues to be the land of opportunity. Why else does the rest of the world want to live here?

I am not commenting on your ability to work, only the idea that choosing a place of residence should be a factor of disability. Disagree.

Let's try to stay on topic with ideas & help for the original poster of this thread. :)

Thoughts and ideas on improving or changes to the system can be in a new thread for that topic.
thank you.

just a point of information.

if you get to the alj level there often times is a vocactional expert who will tell the judge what jobs you can do and if those jobs exist in the local or national economy

I think that this can all be said in the stress and emotions of SS thread, if you think that's a good idea.

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Hopefully, he won't get approved right away.....as it would be fraudulent for him to apply while he is fully capable of holding down the supervisory job that he is currently doing and plans to continue doing for the next few weeks.

I have no intentions of filing until after I get the knee replacement. When I do it will be for more for my back problems than anything else. It is the back pain that limits how long I can stand or sit. What I need to know is, if the doctors say I need the fusion and I do not go through with it right away. Does that hurt my case ? I am not afraid of the knee replacement surgery, but I am of the fusion.

I am 4 weeks post fusion. The first 3 days were the most unimagineable pain...but I am a punk, so everything hurts me. After 3 days it is tolerable...after 2 weeks it is really good. Your restrictions may be no lifting, bending or twisting. I had fusions from L4-S1. I still have some of the same pain that I did before, but I am only 4 weeks out. I am on SSDI, but not for my back probs.
I wish you the best of luck whatever you decide!

That was how I took your previous posts Laga.

That post was strictly in response to the poster who said to file now and they hoped you would be approved right away.

It shouldn't matter (not guaranteeing you that it won't, but it SHOULDN'T) that you are trying to delay the fusion.....unless you go against doctor's orders. I think you just have to wait and see how your entire situation is after the knee replacement.

My mom took Aleve for her arthritic knee but functioned well for years. She wanted to get rid of that annoying knee pain, had the replacement.....now she is in severe pain and her mobility is severely limited. This, in turn, has worsened her back issues.

Conversely, my 75 yo dad had a lumbar fusion just before he was dx'd (and beat) colon cancer. He is now back to taking 100 mile bikerides.

You know that you have the knee replacement coming up, that it takes several months to a year to recover from. You may find that when you recover from that surgery, your overall condition may be much better....or much worse than you feel right now.

I do want you to understand though that if you are still working that supervisory job now, and plan to for another few weeks, then you are not totally disabled per SSA right now.

I understand that you do not have the ability to do your 'regular' job, but you do have to ability to do A job. It doesn't matter to SSA that when this supervisory gig is over if all you can do is be a Walmart greeter (where you could sit in a wheelchair or stand as needed) and that is much less money than you are used to.....it's still a job. Prepare yourself for that.....and see how you feel after getting the knee done. It may cause less stress on your body which will help your back or (hopefully not) things could go the other way.

Best of luck.

Lara said he is not working full duty. what he is basically doing is a light duty job. you can apply for ssdi while you are working a light duty job. i know people who have done it and who have been approved.

Right now, he HAS adjusted to other work

Advancing age could help him make the case that he won't be able to adjust to another job after this one though ~

http://www.ssa.gov/dibplan/dqualify4.htm

"Disability" under Social Security is based on your inability to work. We consider you disabled under Social Security rules if:

•You cannot do work that you did before;
•We decide that you cannot adjust to other work because of your medical condition(s); and
•Your disability has lasted or is expected to last for at least one year or to result in death.

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http://www.ssa.gov/dibplan/dqualify5.htm

To decide whether you are disabled, we use a step-by-step process involving five questions. They are:

1.Are you working?

If you are working in 2011 and your earnings average more than $1,000 a month, you generally cannot be considered disabled.

**********************************************

http://www.ssa.gov/dibplan/dqualify6.htm

4.Can you do the work you did previously?

If your condition is severe but not at the same or equal level of severity as a medical condition on the list, then we must determine if it interferes with your ability to do the work you did previously. If it does not, your claim will be denied. If it does, we proceed to Step 5.

Additional information about Step 4.

5.Can you do any other type of work?

If you cannot do the work you did in the past, we see if you are able to adjust to other work. We consider your medical conditions and your age, education, past work experience and any transferable skills you may have. If you cannot adjust to other work, your claim will be approved. If you can adjust to other work, your claim will be denied.

The no. 4 question is a trick question. They are suppose to go back 15 yrs in your work history. So working at McDonalds as a teenager shouldn't hinder your bid for disability if you are in your late 40s or early 50s.

he has not adjusted to a full duty job, he is doing a light or reduced duty job. that is not something that any employer will let you do for longer than a certain time period.

Chances are good
 

I am not familiar with your diagnosis but the effects appear to prohibit your your ability to work. I suggest your file a paper application, on-line and phone interviews really have theri downsides. In a paper application your are better able to present your case submit medical and non-medical data including affadvits from people who know you. You can also write a powerful personal statement int he last section.
This is n article I wrote about completing the 2010 application:
"In 2010 the Social Security Administration (SSA) implemented a new application which makes it much more difficult for claimants to be approved for benefits. The most dramatic change is that the claimant (you) is not given the opportunity to explain how the limitations of their disability affects their ability to work. The SSA has completely eliminated the questions that gave you an opportunity to explain how your symptoms and conditions affect your working and daily life.

In the 2010 application, the focus and majority of the content is objective facts without any subjective or interpretative opinions from the claimant. You are given five lines to list your “Medical Conditions” and a page of information about “Medical Treatment” for each treating physician with one line to describe what medical conditions were treated and one to line to record what treatment you received. The page also contains a list of tests (like EKG and breathing tests) where you list the date of the test. There are enough pages for five doctors.

The remainder of the application is pretty much the same as the 2006 application. There are 11 sections on the 2010 application including: Section 1 – Information About Disabled Person, Section 2 – Contact who knows about your condition, Section 3 - Medical Conditions, Section 4 – Work Activity, Section 5 - Education and Training, Section 6 – Job History, Section 7 – Medications, Section 8 - Medical Treatment, Section 9 – Other Medical Information, Section 10 – Vocational Rehabilitation and Section 11 – Remarks.

As a result of the new approach, the application’s evaluation process relies on your doctor’s medical records. The worst assumptions you can make are to wait for SSA to request medical records from your doctors and assume your doctors will respond to the Social Security’s request. The best approach is to complete a paper application and submit the medical records with the application. If you apply by phone or on-line you always run the risk your records will not be matched up with the application, at best your application will be delayed.

To compensate for the objective perspective the Social Security Administration has written into the application you must ‘fit in’ you subjective comments and opinions of your symptoms and limitations into the questions on the application.

In the 2010 version, Section 3 lists Medical Conditions which is an opportunity to list your illnesses, injuries and conditions and how they limit your ability to work. It’s possible to write extensive answers to this question in an attachment and expand your answer to include the limitations that interfere with your ability to work.

So, in Section 8, Medical Treatment, it’s critical to answer “What medical conditions were treated or evaluated with the illness, injury or condition and most importantly mention how it limits your ability to work. As an example you’re seeing doctor for “severe back pain and muscles spasms that occur multiple times a day which limits your ability to sit in a chair for more than an hour, medication lessens the pain but doesn’t eliminate the pain.” You could have answered the question with a simple “back pain and muscles spasms” but it does not give the caseworker any idea of the severity, duration or frequency of the problem. Severity, duration and frequency are the three characteristics you want to include in your answer. To answer the question in this manner requires doing an attachment since there is insufficient space on the application for long sentences.

When you answer what treatment did you receive for the above conditions you are ‘forbidden’ to list medications. But, your response needs to include symptoms and limitations just like your answers to what medical conditions were treated.

Many medications have negative side effects that limit your mental or physical ability to work. Medications are listed in Section 7 of the new application and I highly recommend doing an attachment that answers the question; name of medication, name of doctor and reason for the medication but adding a fourth item, drug reactions. So in Section 7 you would write “See attachment 7” that lists the side effects.

It’s natural to resist change and those of you completing the new application won’t know the difference anyway. It’s just that you have to work harder to inform SSDI how your limitations affect your ability to work. My personal opinion is that the 2010 form is less friendly to the claimant and is solely based on the doctors you see and what they say in their office notes. If you have not mentioned limitations or they have not written them down then the caseworker has no idea of how your disability affects you. The only way around this is to incorporate your limitations in your answers.
Hope this helps. Respectfully,
Trudi

It is possible to complete a paper disability report instead of an online disability report, but your local office will convert your paper document to an electronic document and then shred your paper document. If you add alot of narrative to the paper document or create an attachment, that is likely to be scanned in to the electronic file as an extra document. The disability analyst should read that document, but the focus will still be on the disability report. It is important that your treating physician information is provided so your medical records can be reviewed because your limitations have to be supported by objective medical evidence.

I do agree that medical records do not always contain evidence of limitations - the doctor just didn't write down everything you said or you think he can see your limitations and writes it down or makes inferences based on what he recalls from your last visit.

It is true that the new version of the disability report does not ask about functional limitations or medication side effects. Don't know why the change.

He is doing a light duty version of his previous VERY PHYSICAL job. There are MANY jobs that are sedentary or not physically challenging, so he wouldn't require a 'light duty' version of them.

Finz there are people i know that were placed on light duty , were forced to stay on light duty, applied and were approved all while they are on light duty. you are making a blanket statement that if you are on light duty it is proff that you can do some job and i am telling you that i know from personal experience that that is not always the case.

obviously the change isnt to favor the claimant.

ELA, On the whole regarding this issue.....I'm not saying anything.....I passed on what SSA says.

Regarding light duty specifically, I have not said no one on light duty can get SSDI. I have repeated what SSA says about anyone who can do SGA and pointed out that there are jobs out there which are not very physical so they would meet thesame physical requirements as what would be considered light duty in another job.

I was a home care/hospice nurse. There were occassions in the past that I was on light duty, like after I was in a car accident while pregnant and at risk for preterm birth. They had me reviewing charts. That was my light duty assignment. That was the same job as all of the nurses who worked in Quality Assurance did every single day. The same job. It was light duty compared to what I normally did, but it was a 'regular' job in inself.

Or....to put it another way, if you explain to me exactly what your friends who were on light duty did in an 8 hour shift, I bet I can name a job which would have the same level of physical activity. Think about it.....there are jobs for security people that just involve sitting or standing while watching security cameras and making a phone call if you see something hinky. That would be considered easier than the light duty that I did.

I couldn't do that easy security job now. If I could, I'd be doing that(and making more money than I am now) rather than collecting SSDI. I'm not saying Lana could do that job. I AM asking if he can do a supervisory job now, which is light duty compared to what he used to do, why couldn't he watch the cameras and make a phone call ?

[QUOTE=finz;747682]
I couldn't do that easy security job now. If I could, I'd be doing that(and making more money than I am now) rather than collecting SSDI.


you and me both

the light duty these guys were doing often involved them going to physical therapy during their tour or to doctors or for treatments besides whatever else they were assigned. what they were assigned varied widely, its a large organization.

finz, I understand the points you are making. And yes, in most cases a person can move from a physical job to a non-physical job when they have health problems. With me, I get pain in my knee and low back pain when I am standing and moving around and I get the Sciatica pain when I sit down. So my day consists of balancing the time I can stand and the time i can sit to get through the day. I cannot do this for much longer. When this job is over I will still be employed but I will be expected to be more active and I will just not be able to do it.

[QUOTE=echoes long ago;747702]*****************************************

But you know that was their employer just being nice to them, right ? If they were going to the doctors and doing therapy within their work day, they were NOT in fact working a full time light duty job.

Laga....pain is a big 'issue' with trying to get approved for SSDI.

I ABSOLUTELY understand what you are saying in that regard as it is pain that limits my activity too. I did eventually prevail with SSDI, but it was a tough 3 year battle. The SSA seem only to want to hear that we can't sit or stand because of an objective reason.....not that we technically can stand, but are limited because of pain.

Knowing that and SSA's own policies regarding if you can work, I would not apply while I was still working.

Obviously, many people here disagree with that.

You have to do what you think is right.

I will not apply while I am still working, only after I get the knee done. I don`t think it will have to be to much of an objective call on SSD`s part. I have x-rays and a MRI that shows my lower spine is now corkscrew shape because of degenerative changes.

I think its going to come down too if you can stand or not stand for 6 out of 8 hrs. You stated earlier that you were able to stand for an hour at a time on a bad knee,so I would think a replacement knee would allow you to stand for longer periods.