Husband has an ALJ hearing in a few months. However, he is schedule to have rods and screws removed out of spine due to the extreme pain post spinal fusion of one year (his second). Surg says 50/50 chance of working.

He is 54 and will be 55 a month after alj hearing.

Should hus take RFC form to surgeon when he meets pre-surgical next month and have him complete? Or does he have it filled out after surgery?

The timing of all this is ironic. Currently he can't sit our stand more then 30min, has a college degree, but never worked in that degree field. Was hard laborer for 24 plus years.

Not sure whether to have these forms filled out now, later, or both.

His original application was denied as they felt he could do sedentary work, light duty per surgeon...but that was 6mos after surgery when he tried to return to work.

after 6mos, his job told him to go on LTD as they couldn't find a job for him due to his limitations (couldn't lift more then 20# for life, no crawling, bending, no long hrs of standing, etc.

1 yr after spinal, he can't sit more the 30min tops or stand LONGER then 30min. In extreme pain all the time. Has to lay down during the day, has to take meds to sleep, due to pain, etc. He had two total knee replacements, one this past year, so he can't knee at all.

He can drive short distance and do some grocery shopping. Does that automatically disqualify a person for SSDI?

I think the doctor will fill out the form before your hearing. If your husband is still going through treatment, it would be great if your neurologist would write a hand written letter, to the hearing judge. If he tells of your husbands limits and that this is for life, I don't think he will be denied. I was between two spinal fusions when my hearing came up. My doctor did that letter, saying recovery was not possible, and I was granted SSDI at the hearing. I was the same age. Hope this all works out for you and your husband. It is awful to go though, I know it. Neuro Talk will be here for you. ginnie

Thanks Ginnie- we don't know how his new surgery is going to go. Surgeon said he might open him up and close him back up and leave rods in; might be too much scare tissue; might be a small fracture they can't pick up on MRI, ct scan, etc...But will discuss with surgeon lot of issues, concerns and about a letter. What we don't know, is if they remove the rods, does that effect his current lifetime limit of no >then 20#. I know it's a 3month recovery period and he will be in a brace. God Bless

Gosh I hope things work out OK for your husband. None of it is fun...will be here to talk to anytime. Let us know what happens. I have not had much experience with folks removing hardware. Mine was replaced and extended, but not removed. I wish they could determine what the source of the problem is with conventional testing. Hate for the surgery to have to happen at all. Take care. ginnie

No, this would not disqualify him.

The ALJ will likely question if there's enough time between the surgery and the hearing to determine what his long term prognosis is. Many docs are optimistic about how a surgery will improve a condition, long before the evidence supports it.

You might want to have them done as close to the hearing as possible.

Also, you MAY want to research Partially Favorable Decisions and discuss the option with your attorney. If it seems the ALJ will deny him, you could suggest a PFD. That would give him a closed period award. From the time of eligibility to a few months after the back surgery. If he wouldn't be eligible to start a new claim due the time lapse, this might be a VERY bad idea.


This link may not apply to your hubby since he has restrictions regarding sitting, but I think it's a very good example of how the process works. http://en.m.wikipedia.org/wiki/Surve...system_monitor
I was faced with having to prove I couldn't perform this job (the only one Voc Rehab claimed I could) even though it doesn't exist in today's job market.

His age will be in his favor. the recent surgery and his degree might complicate things. Discuss the RFC with the doc before he fills it out... An RFC purporting potential improvement would be qn issue.

So if the judge questions the time, would they hold off on a decision? Meaning, we would have another hearing after certain time elapses?

Will discuss with atty about PFD...etc.interesting read on vocational job...thanks for sharing...

Thanks so much

I've never heard of that happening--delaying to determine results of a surgery. (I meant having the hearing and then delaying the decision.) You have the burden of proof. You could ask your attorney to request a later court date. (Hope this makes sense.)

It's truly unfortunate that they no longer allow you to start a new application while pursuing an appeal.

Have you determined when he'll lose eligibility if you want to start a new application?

One last thing, it's been argued both ways that you may or may not be able to appeal if you request a PFD. I did receive a PFD, and then later received a FFD with my second application.

If you start a second application, the first is added to the record, but it would allow you more time. (Which is frustrating to need, I know, because you've been waiting forever.)

How do you determine lose of eligibility if we want to start a new application?

http://neurotalk.psychcentral.com/thread181880.html

Refer to post #10 by Janke in the linked thread.

He should have an Earnings Record mailed every year, but it can be requested online or through the national 800#.