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.