NeuroTalk Support Groups - ? wording on Dr. notes

NeuroTalk Support Groups (https://www.neurotalk.org/)

- Social Security Disability (https://www.neurotalk.org/social-security-disability/)

- - ? wording on Dr. notes (https://www.neurotalk.org/social-security-disability/128856-wording-dr-notes.html)

Hi daylilfan, if you don't mind can I ask some question? Nothing to personal I promise, just would like to know if you worked in the past? The thing that matters if you can do Substantial Gainful Activity. You said you can't lift more than eight pounds but can you sit and answer a telephone? Do you have MRIs? Can you prove that you can't walk, sit, bend, kneel, stay focused , for a substantial period of time, can you do anything at your old job or what you learned at your old job?

Hi DL,

That recent progress note from your doc helps your 'case' but wouldn't really be sufficient by itself.....detail, detail, detail

The notes by the doc who is treating your asthma are woefully insufficient alone....there are plenty of jobs that smeone who can't lift 8 pounds repeatedly could still do. That doesn't mean those notes hurt your case, just that they will in no way 'make' your case.

On the application when you are writing about your sx's, definitely include info like.....
"I can barely write a few sentences by hand, and typing is nearly impossible. I bought dictation software, but can't wear the headset, had to get a microphone to use. I use a service dog and now I have to keep transferring her from my left to right side, because my hands go so numb I can't keep hold of the handle on her harness. I'm dropping things all the time now. Yesterday, I went to put the flour container back in the cupboard and dropped it. What a heck of a mess that was. Yesterday when I went to the doctor's office, I must have dropped my keys half a dozen times, and a pen twice. My dog picks them up for me. I can't open things like bottles of water. It is not as bad in my feet, but I wear toe to knee plastic hard braces. I have tingling, and burning, and have tripped up a few more times, but other than that, I have not had as much trouble with my feet. My hands are so stiff and painful sometimes I cannot come close to making a slight fist. I put my hands into microwave heat pack, warm them, then have to start working the stiffness out. Still, my hands are much weaker than they were 6 months ago before this happened."

Try to get the docs to be as specific and inclusive as possible.

Doctor notes should tell the whole story. For instance, if the medical records say "Can't stand or walk for more than 5 minutes at a time" that helps, but implies you might be able to sit for 8 hours straight, so you could do some form of deskwork. Documentation that proves your disablity might say something like "Can't stand or walk for more than 5 minutes at a time. May be able to sit reclined in a chair with legs elevated for several hours at a time some days, but usually has to lie down in a bed after sitting up for just a short time."

legalmania - I did work, all but about one month, from the time I was 17 till last December, at 51. I have a lot of pain when doing anything. I have multiple chronic pain diseases. I have diagnosis, but how can I prove I can't sit, type etc? I have had all the tests and treatments they have thrown at me for the last 10 years, and I keep getting worse. I have complained repeatedly over the years about inability to walk, balance, hold things, sit, have taken medication to try to improve focus and concentration. But, I cannot control what the docs do not put in their files. I can give them a long list of problems and in the file it says "continues to have problems" or "feels like she functions halfway in her life" but nothing really specific about can only walk 5 minutes, stand 5 minutes, etc. Very frustrating. The family doc, rheumy, and pain doc all "say" they are behind me not working. But I have no idea what they may put in reports. My old job - I was let go because I could not perform up to standards anymore. I worked at a computer doing graphics and photo manipulation. I can't operate a PC, don't know Word, spreadsheets, etc. I can't hold a phone, can't use a headset. I use a phone here at home on speaker.

I have all the doctors records and notes. Finz, I don't think they go into enough detail to help me.

In short, I think I am screwed.:eek:

make sure that you put down what you can and cant do and why on your application and any other paperwork you get from SS.

Quote:

Originally Posted by daylilyfan (Post 681052)

Hi daylilfan instead of me trying to explain it I thought I would send you verbatim right from the Social Security site: Hope this helps.
http://www.ssa.gov/pubs/10029.html

Quote:

We will review your application to make sure you meet some basic requirements for disability benefits. We will check whether you worked enough years to qualify. Also, we will evaluate any current work activities. If you meet these requirements, we will send your application to the Disability Determination Services office in your state.

This state agency completes the disability decision for us. Doctors and disability specialists in the state agency ask your doctors for information about your condition. They will consider all the facts in your case. They will use the medical evidence from your doctors and hospitals, clinics or institutions where you have been treated and all other information. They will ask your doctors:

* What your medical condition is;
* When your medical condition began;
* How your medical condition limits your activities;
* What the medical tests have shown; and
* What treatment you have received.

They also will ask the doctors for information about your ability to do work-related activities, such as walking, sitting, lifting, carrying and remembering instructions. Your doctors are not asked to decide if you are disabled.

The state agency staff may need more medical information before they can decide if you are disabled. If more information is not available from your current medical sources, the state agency may ask you to go for a special examination. We prefer to ask your own doctor, but sometimes the exam may have to be done by someone else. Social Security will pay for the exam and for some of the related travel costs.
How we make the decision

We use a five-step process to decide if you are disabled.

1. Are you working?
If you are working and your earnings average more than a certain amount each month, we generally will not consider you disabled. The amount changes each year. For the current figure, see the annual Update (Publication No. 05-10003).

If you are not working, or your monthly earnings average the current amount or less, the state agency then looks at your medical condition.

2. Is your medical condition “severe”?
For the state agency to decide that you are disabled, your medical condition must significantly limit your ability to do basic work activities—such as walking, sitting and remembering—for at least one year. If your medical condition is not that severe, the state agency will not consider you disabled. If your condition is that severe, the state agency goes on to step three.

3. Is your medical condition on the List of Impairments?
The state agency has a List of Impairments that describes medical conditions that are considered so severe that they automatically mean that you are disabled as defined by law. If your condition (or combination of medical conditions) is not on this list, the state agency looks to see if your condition is as severe as a condition that is on the list. If the severity of your medical condition meets or equals that of a listed impairment, the state agency will decide that you are disabled. If it does not, the state agency goes on to step four.

4. Can you do the work you did before?
At this step, the state agency decides if your medical condition prevents you from being able to do the work you did before. If it does not, the state agency will decide that you are not disabled. If it does, the state agency goes on to step five.

5. Can you do any other type of work?
If you cannot do the work you did in the past, the state agency looks to see if you would be able to do other work. It evaluates your medical condition, your age, education, past work experience and any skills you may have that could be used to do other work. If you cannot do other work, the state agency will decide that you are disabled. If you can do other work, the state agency will decide that you are not disabled.

Special rules for blind people

There are a number of other special rules for people who are blind. For more information, ask for If You Are Blind Or Have Low Vision—How We Can Help (Publication No. 05-10052).
We will tell you our decision

When the state agency reaches a decision on your case, we will send you a letter. If your application is approved, the letter will show the amount of your benefit and when your payments start. If your application is not approved, the letter will explain why and tell you how to appeal the decision if you do not agree with it.
What if I disagree?

If you disagree with a decision made on your claim, you can appeal it. The steps you can take are explained in The Appeals Process (Publication No. 05-10041), which is available from Social Security.

You have the right to be represented by an attorney or other qualified person of your choice when you do business with Social Security. More information is in Your Right To Representation(Publication No. 05-10075), which is also available from Social Security.

I make sure all my clients have MRIs because then you have a specialist that puts a name to your disease, if it's on the disability list you have a good chance to qualify. Besides the MRIs have you had any scans? Like CT scans or full body scans? If they say you're suffering from a severe bone disease that makes your case stronger. Good luck.

Thanks, legalmania. I have read that info on the SS site. I guess I will just have to wait and see...

I've had CT scans, MRIs, Blood Flow tests, blood work, triple phase bone scan, nerve blocks. But, they ruled out more than they showed. With RSD, there are no tests showing you have it for sure.

My diagnosis
RSD upper and lower body
neuropathy
fibromyalgia
myofacial pain syndrome
central pain syndrome
asthma
arthritis
cervical spondylolisthesis C3-C4 and C4-C5
depression
anxiety
social phobia
problems with eyesight - blurry, dry - plus I wear very strong contacts plus trifocal glasses - I have pretty bad eyes.
headache, constant for 2+years from RSD
100 lbs overweight
plantar fasciitis
RSD affects me mentally, along with medication, making concentration, focus, understanding affected. I've been treated with Namenda twice in the past few years trying to clear up some of this problem, but it is bad enough now that Namenda no longer helps. I no longer read because of concentration/focus problems, and I have always loved to read. I don't do soduku, crosswords etc - and have always loved puzzles. I have tried doing a couple online computer courses on Lynda.com for basic PC and Word since I lost my job in Dec. and I just could not follow along. I was amazed at how confused I was. I took courses on Lynda 3 years ago to hone my Photoshop skills and had a few problems understanding, taking notes, etc. but nothing like now.

I use a service dog and wear bi-lateral AFOs.

For me, it's the constellation of problems. I think, personally anyone with RSD should get SSD if they have had it for a couple years and not got better. I've had it 10 years now, and it has taken over almost my entire body. Plus all the other painful diseases I have. Blinking my eyes is about the only thing that does not hurt.

I am 52, only taken a couple college courses (watercolor, perspective drawing) - and always worked in printing, pre-press. I don't know how to operate a PC, run Word, spreadsheets etc, but I know how to do photo manipulation and basic Mac. I don't know how what I used to do could translate to anything else without taking courses or training. I went to vocational rehab and they told me to try for disability first, as I had so many problems. Said if I can't get disability they would see if they could help me.

It has taken me weeks to do the symptom report because I have so many symptoms and they affect everything I do from personal care to sleep to what I eat. I have done all I can to explain. I am editing now, trying to cut down, but I have over 20 typed pages of explanation. I feel stuck - if I cut out anything I won't be explaining my full problem, but leaving it all in I feel they will say if I can do all that, I can work. I have explained I had to get dictation software, cannot use the headset, had to get a microphone to complete the reports because I can no longer type, and that it has taken me so long because I can only sit at the computer for a few minutes, then go lay down.

I don't understand how it is SO hard to get SSD for someone like me, but yet, it seems everyone you see on judge shows, etc. are on it.

I also feel that since I have a steady work history, and even though I came in late a lot during my last year working, and left early a lot, I didn't miss a lot of days...that will count against me.

I'm just tied in knots over this. I know I am no longer able to work. I don't know what will happen if I can't get this through. I can manage for a year or so, but so many people have been 4-5 years trying to get this.

I don't know if you've went through these but these are some of the diseases that SS uses to determine if you are qualified. It can be quit lengthy so take your time. You sound like you really should qualify, but they really give some people a hard time.

http://www.ssa.gov/disability/profes...ltListings.htm

It sounds like you are in the initial claim status of your SSDI claim with no decision being made yet. I haven't seen you post anything about being denied and having to appeal.

One reason many initial claims are denied is that some people who file for SSDI benefits are just not disabled enough. So when you look at statistics and compare yourself, you are comparing your claim with some people that you and any other reasonable person would never see as disabled. That is an unpopular sentiment in a message board like this, but I believe it is true.

You are also trying really hard to control something that is out of your control. Sounds like you have made a concerted effort to provide all the details and even more than enough details about your level of functioning, but you are second guessing yourself and psyching yourself into believing you will be denied just because other people are denied.

Gotta tell you something. SSDI claims are approved every day in your local office. Not as many as are denied, but claims are approved for people who have severe problems in being able to perform job duties, who are over 50 who may have a harder time learning new job skills than a younger person. So are you going to be one of the approvals? Don't know. But I can tell you are agonizing over a decision that is yet to be made. Yes, I know it is your life and not having control, not knowing the result is scary. Do what you can to find a way to cope and follow through on what SSA is asking you to do. You may want to at least try to talk on the phone to the DDS analyst who is evaluating your claim so she/he gets familiar with the person. Doesn't hurt to be able to explain yourself verbally as a supplement to the written word and the medical evidence.

Wishing you the best. Hold on to the positive thoughts.

legalmania - yep, I read through all the list months ago when I was trying to decide if I could apply. Nothing I have is on the automatic list, as far as I can tell.

Janke - you pegged me spot on. I have been talking to the adjudicator about how long it has taken me to do these reports - I think the paperwork said they had to be returned within 10 days. She's been great about letting me have lots more time. I explained why I needed it. She said until they get all their info and are ready to examine my case, I still had time, just call in every week and give her an update.

I feel better tonight, having finally completed these two things. I know they contacted my past employer pretty quickly, and my boss said he supported me. They have not contacted my "gentleman friend" yet... he has known me for several years longer than I have been ill and can tell them what I used to be like vs. what my life is like now.

Yep, I am waiting for the first decision. By the time that they quoted me, they should tell me something by end of October. I've talked on the phone to a lawyer that my family lawyer recommended already.

I've done all I can do.

Thanks everyone for all your help. I really mean that.

Quote:

Originally Posted by daylilyfan (Post 681739)

The estimated date of a decision (October) is based on an average processing time. It is not a deadline. There are initial claims that are approved in two weeks. There are initial claims that are denied after 8 months. And everything inbetween.

You have done all you can do at this point. Submit the documents. Let DDS make a decision. Do what you can to keep the obsessive thoughts at bay. Watch funny movies. Play with children. Listen to great music. Do something creative.