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-   -   Pre ALJ Attorney meeting today...went well, optomistic! (https://www.neurotalk.org/social-security-disability/192207-pre-alj-attorney-meeting-optomistic.html)

nicd577 08-01-2013 12:37 PM

Pre ALJ Attorney meeting today...went well, optomistic!
 
My meeting went very well. Here is what he had to say: He got a very recent letter from my neurologist which stated, and I am not sure if this is what is considered an RFC form or not, but it listed her prognosis for my conditions, specifically, the epilepsy. She said that they will be lifelong and poorly controlled, even with medications, and NOT likely to improve or enter intoo remission. She verified that it has been diagnosed with an EEg with myclonic epilepsy with a normal CT scan and NOT responding to usual seizure medicines, infact, making the seizures worsen. She then went on to list what medicines and doses I am currently taking, and stated that despite these, I still have major motor gran mal seizures 2 times a weel with staring spells/partial awareness multiple times per day with daily headaches. She places the following restrictions: no driving, no swimming alone, no heights, heavy machinery, no working near stoves, etc. also this: "she cannot perform work that requires sustained attention" "I completely agree that she is unable to perform any meaningful work, and support her appliction for disability."

My attorney said that with this, plus all of my medical files, the ALJ will probably want to negotiate my onset date and issue a bench decision on the date of my hearing which is next week, which is fine with me. Just get this done and over with so I can get on with what is left of my life.

Thoughts on the letter from my neurologist?

Hopeless 08-01-2013 02:30 PM

Quote:

Originally Posted by nicd577 (Post 1004082)
My meeting went very well. Here is what he had to say: He got a very recent letter from my neurologist which stated, and I am not sure if this is what is considered an RFC form or not, but it listed her prognosis for my conditions, specifically, the epilepsy. She said that they will be lifelong and poorly controlled, even with medications, and NOT likely to improve or enter intoo remission. She verified that it has been diagnosed with an EEg with myclonic epilepsy with a normal CT scan and NOT responding to usual seizure medicines, infact, making the seizures worsen. She then went on to list what medicines and doses I am currently taking, and stated that despite these, I still have major motor gran mal seizures 2 times a weel with staring spells/partial awareness multiple times per day with daily headaches. She places the following restrictions: no driving, no swimming alone, no heights, heavy machinery, no working near stoves, etc. also this: "she cannot perform work that requires sustained attention" "I completely agree that she is unable to perform any meaningful work, and support her appliction for disability."

My attorney said that with this, plus all of my medical files, the ALJ will probably want to negotiate my onset date and issue a bench decision on the date of my hearing which is next week, which is fine with me. Just get this done and over with so I can get on with what is left of my life.

Thoughts on the letter from my neurologist?


Thanks for the update. Sounds good. Good luck and keep us informed. Waiting to hear the good news finality.

finz 08-04-2013 12:00 AM

I hope that between "cannot perform any work that requires sustained attention" and "she is unable to perform any meaningful work" that will be enough for the SSA. I definitely believe that the updated info from your doc on why the seizures have not been able to be managed as one might have hoped when you were first diagnosed will help your case.

I just wish doctors would help us get disability benefits by telling the SSA what they want to hear, what they have asked for, not whatever the docs feel like writing. The SSA wants to hear the docs determination on what a patient can or cannot do, then they want to ask a vocational specialist (which a MD is not) what jobs a person could do with certain limitations.

The SSA asks for a RFC form, not stuff like:

She places the following restrictions: "no driving, no swimming alone, no heights, heavy machinery, no working near stoves, etc"
I "support her appliction for disability"

Why not simply tell the SSA the info they asked for ? "The patient cannot walk, stand, or sit for ANY predetermined amount of time because of her frequent seizures and post ictal states." That "RFC" info, along with the info about your medical condition and how it affects you.....including your fall risk, requiring assist with ambulation due to fall risk, neeing to be able to lay down due to weakness and to manage severe headache pain, inability to concentrate with frequent periods of only partial awareness , etc (She said that they will be lifelong and poorly controlled, even with medications, and NOT likely to improve or enter intoo remission. She verified that it has been diagnosed with an EEg with myclonic epilepsy with a normal CT scan and NOT responding to usual seizure medicines, infact, making the seizures worsen. She then went on to list what medicines and doses I am currently taking, and stated that despite these, I still have major motor gran mal seizures 2 times a weel with staring spells/partial awareness multiple times per day with daily headaches)

Fingers crossed for you nicd !

nicd577 08-04-2013 08:40 AM

It sure would make it easier!
 
If they would write out what SSA wanted them to do, but they won't...in my case, I think I got a good letter because the clinic I go to stated when this whole thing started that they would not get involved in any way with my SS mess. It has been a very long journey with them, and I think they finally see that I am not a 'chronic' that is trying to abuse and use the system and that is why they helped me. My attorney, upon getting that letter, said it was as if the neoro read the listing 11.02 of the SSA guidelines and wrote her supporting letter for me, lol. Hearing is Thursday, and I have been in knots, severe knots. Hoping for a positive outcome. :):eek::eek::eek:

ginnie 08-04-2013 09:37 AM

Hi nicd
 
The letter from your neurologist is just what you need. I had a similar letter, and it was the deciding factor in my own case. I wish you all the best. ginnie:hug:

LIT LOVE 08-04-2013 07:29 PM

Quote:

Originally Posted by finz (Post 1004649)
I hope that between "cannot perform any work that requires sustained attention" and "she is unable to perform any meaningful work" that will be enough for the SSA. I definitely believe that the updated info from your doc on why the seizures have not been able to be managed as one might have hoped when you were first diagnosed will help your case.

I just wish doctors would help us get disability benefits by telling the SSA what they want to hear, what they have asked for, not whatever the docs feel like writing. The SSA wants to hear the docs determination on what a patient can or cannot do, then they want to ask a vocational specialist (which a MD is not) what jobs a person could do with certain limitations.

The SSA asks for a RFC form, not stuff like:

She places the following restrictions: "no driving, no swimming alone, no heights, heavy machinery, no working near stoves, etc"
I "support her appliction for disability"

Why not simply tell the SSA the info they asked for ? "The patient cannot walk, stand, or sit for ANY predetermined amount of time because of her frequent seizures and post ictal states." That "RFC" info, along with the info about your medical condition and how it affects you.....including your fall risk, requiring assist with ambulation due to fall risk, neeing to be able to lay down due to weakness and to manage severe headache pain, inability to concentrate with frequent periods of only partial awareness , etc (She said that they will be lifelong and poorly controlled, even with medications, and NOT likely to improve or enter intoo remission. She verified that it has been diagnosed with an EEg with myclonic epilepsy with a normal CT scan and NOT responding to usual seizure medicines, infact, making the seizures worsen. She then went on to list what medicines and doses I am currently taking, and stated that despite these, I still have major motor gran mal seizures 2 times a weel with staring spells/partial awareness multiple times per day with daily headaches)

Fingers crossed for you nicd !

Not to sidetrack, but I find it odd that RFC's are no longer required by SS. The exact info that is most relevant they no longer insist on...

nicd577 08-04-2013 08:41 PM

Maybe no doctors turned them in anymore so they figured why bother...the doctors are going to send in what they want to, and lawyers will simply pilfer and compile it all to look like an rfc with reference points given to specific dates on medical chart notations. Or maybe that's simply how I think it should work in my simple little mind lol!

finz 08-07-2013 12:14 AM

Quote:

Originally Posted by LIT LOVE (Post 1004809)
Not to sidetrack, but I find it odd that RFC's are no longer required by SS. The exact info that is most relevant they no longer insist on...

I agree !

Perhaps because without a RFC that indicates a poor functional capacity, they KNOW we can't prove disability to their standards, so they can "deny". :rolleyes:

I'm sort of kidding about that. I don't really believe that our government is trying to stop deserving citizens from receiving benefits they earned. I just can't think of a valid reason for them to say it's okay not to send in the big "proof" portion (an anecdotal observation) with an application for benefits.

Maybe it's because some doctors refuse/can't be bothered, so some applicants can't easily get it filled out. I believe they probably get many RFC's that are not filled out correctly, so maybe they are trying to make it easier to complete the application.

Personally, I feel they SHOULD adjust the instructions of the form and add responses options that include options like, "MAY be able to stand for a max of xyz minutes, but cannot reliably be counted on to stand at any time"


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