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Member
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Join Date: Jan 2015
Location: IL
Posts: 279
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Member
Join Date: Jan 2015
Location: IL
Posts: 279
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Quote:
Originally Posted by LIT LOVE
There is a big difference between a Medically Determinable Impairment and meeting the requirements of an Impaired Listing. The language of these ruling are very precise. It is confusing.
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Definitely confusing!! I am still trying to figure this all out! I guess my thought was with the "The medical evidence in file shows that your condition does cause some restrictions..." statement on my denial letter, I have a MDI that just per documentation does not meet the severity SSA is looking for.
Quote:
Originally Posted by LIT LOVE
If you meet the requirements for a Listed Impairment there is no further requirements for approval. The issues of former work or any work are not addressed. The Listed Impairments are found in the Blue Book, which I linked to in my last post #17. RSD/CRPS is not a Listed Impairment. SS's ruling about how to evaluate RSD/CRPS (which I linked to in post #7) states, under "Evaluation of the Claim", that the sequential process is used (what I referred to earlier as the 5 Step Process.) It is still worthwhile to read the ENTIRE Blue Book, so that you can get a good idea of what SS needs you to document.
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The diagnosis on my initial app did not include RSD/CRPS, only patella fracture, meniscus tear & peroneal nerve damage. I will be adding the depression and RSD to my reconsideration request.
Quote:
Originally Posted by LIT LOVE
There are 3 ways to be approved. 1) Meet a Listed Impairment 2)Via the Grid Rules 3)The 5 Step Process. Right now, you're trying to prove you qualify through the 5 Step Process. Should you choose to amend you Alleged Onset Date to when you turn 50, than your claim would be evaluated via the Grid Rules.
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But if I amend AOD to when I turn 50, first of all: I don't even turn 50 for another year and a half; secondly: how is that even possible???
Quote:
Originally Posted by LIT LOVE
There are 2 versions of RFC forms--physical and mental. You simply ask your doctor to fill it out. Some will charge a small fee, some will require a Functional Capacity Evaluation before filling out the forms. Some may perform the FCE themselves, some might send you to another doc or physical therapist. It is MUCH better to undergo a FCE, the results of which will be put into a report, and then have the RFC forms filled out IMO, but ESPECIALLY in your scenario with new docs and a new diagnosis. Docs can over or under estimate your Functional Capacity--some are little better than guesswork. SS only gives weight to your docs opinion when you have an established history--which you don't have.
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So my doctor's office has access to the RFC forms? Or do I download/print them and take them to the doctor? If I download/print them, are they found on the SSA site?
I can certainly make an appointment with my TN ortho for a follow-up/re-check visit if that helps the longevity of care. Sadly, I could no longer afford $2300/mo for COBRA or travel 500+ miles for continued care. I, too, hate the lapse in care.
Quote:
Originally Posted by LIT LOVE
The Listing Impairment that you might be able to qualify with is the Musculoskeletal System, if there are structural issues that can't be repaired with surgery and you would require the use of a walker, crutches or wheelchair long term. SS does factor the potential effects of treatment though. So, when your doc claims you're refusing ankle surgery that should resolve your difficulty walking unassisted, SS will likely use that to deny you.
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It was knee surgery and considering I subsequently underwent surgery (performed by a different ortho) for that same diagnosis (given by the ortho that erroneously documented I 'refused'), does that factor at all? Would that be something I can discuss with ALJ? I actually told the first ortho I would "do whatever it takes to get my life back", a sentence I continue to repeat today. I would much rather be doing what I have loved and wanted to do since I was 5 years old than have my daughter on stand-by when I shower & help me get my pants on.
Currently, there has been no surgical recommendation for my nerve damage. PT has been recommended/ordered and performed. I actually purchased a recumbent bike to work on my quad strength at home, but without a current MRI to determine if there is new injury or not, I am reluctant to potentially cause more damage.
Finally getting a PCP and an ortho referral, I am hopeful I will be able to obtain updated records within the 60 day time frame for reconsideration. Failing that (since you are so knowledgeable & helpful  ), would I submit a new application with AOD reflecting the peroneal nerve damage diagnosis (4/2014) or the RSD diagnosis (2/2015) (which would definitely take more time to determine 12 months or more) or both/all?
My apologies for such a lengthy post and the ongoing continued questions. And many many thanks for your assistance!
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02-08-2015, 10:18 AM
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