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Old 03-15-2013, 01:08 PM #31
DonnaW1955 DonnaW1955 is offline
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Quote:
Originally Posted by LIT LOVE View Post
Better to start a new thread. You don't only have to prove you're not capable of doing your current job, but any job.
I find that hard to believe, i was told work that you are accustomed to performing. I only replied to bret's thread to let him know he was not alone, there are many who are turned down and do appeal.

You don't have enough information to give anyone that kind of an answer, the funny thing is, I appealed and already have a hearing date. If you knew as much as you claim, you would know that some people are disabled to the point where one more day, without pain is a blessing. I have to blow into a tube to work a computer to type this *admin edit*.I have plenty of respect for Bret and every poster here, I don't know what I did to offend you, but God bless you, you need it more than I do.

Last edited by Chemar; 03-15-2013 at 06:16 PM. Reason: NT guidelines
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Old 03-15-2013, 03:26 PM #32
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Originally Posted by DonnaW1955 View Post
I find that hard to believe, i was told work that you are accustomed to performing. I only replied to bret's thread to let him know he was not alone, there are many who are turned down and do appeal.

You don't have enough information to give anyone that kind of an answer, the funny thing is, I appealed and already have a hearing date. If you knew as much as you claim, you would know that some people are disabled to the point where one more day, without pain is a blessing. I have to blow into a tube to work a computer to type this *admin edit*.I have plenty of respect for Bret and every poster here, I don't know what I did to offend you, but God bless you, you need it more than I do.
Bret: I don't want to further derail your thread but I'm going to quote my own post from the Sticky above, "Don't start your claim unprepared" since it is important for people to understand the evaluation process.
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http://social-security.lawyers.com/s...isability.html

"Disability is determined using a five-step sequential evaluation process conducted by the SSA. If, at any point, an applicant is found not to be disabled, the evaluation process terminates and the claim for disability insurance benefits is denied. Following are the five requirments in determining disability:

•Substantial gainful activity. If the applicant is currently engaged in substantial gainful activity, there is no disability, regardless of medical condition, age, or work experience.
•Severe impairment. If the applicant is not engaged in substantial gainful activity, the SSA determines whether the applicant has a severe impairment. An impairment is considered "severe" if it significantly limits a person's physical or mental ability to do basic work activities. If there is a finding of severity, the evaluation proceeds to the third step.
•Listing of impairments. If the applicant's condition meets the requirements, or is the equivalent of a disability on the SSA's Listing of Impairments, then the applicant is ruled disabled. If the applicant does not meet the requirements, the sequential evaluation process continues to the fourth step.
•Past relevant work. A medical assessment is performed to determine whether the impairment prevents the applicant from performing his past relevant work. If the applicant is found to be able to perform past relevant work, the claim will be denied. If not, the evaluation process continues to the final step.
•Other work. The SSA evaluates whether the applicant can perform other available work existing in significant numbers in the national economy. The evaluation considers the applicant's residual functional capacity (what the applicant is able to do in a work setting despite the impairment), age, education, and past work experience. If an applicant cannot perform other work, they will be found disabled."

Last edited by Chemar; 03-15-2013 at 06:17 PM. Reason: quoted post has been edited so had to edit here as well
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Old 03-15-2013, 03:58 PM #33
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Originally Posted by DonnaW1955 View Post
but seriously, I can't for the life of me figure out the system.
Donna:
A good place to start is with the stickies at the top of the forum. NOLO Press also publishes an excellent book on the SSDI/SSI application process. I'm really not sure why your so offended by my posts, since you admittedly don't understand the process. I post information that I believe will be of help. (This can include disagreeing with advice I believe is incorrect. It's nothing personal.)

Bret:
This is a great link to read: http://en.m.wikipedia.org/wiki/Surve...system_monitor
You don't want to be denied based on a technicality...
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Old 03-15-2013, 05:57 PM #34
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Lit Love is 100% correct. IN fact that is one of the questions that an ALJ will often ask a vocational jobs expert at the hearing ; are there any jobs in the economy that this person can do?
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Old 03-15-2013, 06:22 PM #35
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Hi there
I had to do a small edit a few posts back as we do prefer members not make negative personal remarks to each other.

Donna, it really would be best to have your own thread as that way bretd's thread doesn't get further confused. I am able to split off the posts related to your case from here, or you can start your own new thread. Let me know what you prefer.

It would be best now if this thread gets back on the topic related to bretd's case.
thanks
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Old 03-15-2013, 06:24 PM #36
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Here's an even more detailed description of "Other Work" : http://www.socialsecuritydisabilityr...ther_Work.html
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Old 04-06-2013, 12:40 PM #37
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If you can get a SSD lawyer to help you file your appeal. That would be the best way to go. Also keep a journal and copies of all your medical records. The process is long (you already found that out) and horrible to go through. An Attorney can keep things moving along a bit better than an individual. Almost nobody tries to do it themselves. If you can ask your doctors to write a personal letter to the aj judge, this can help your case as well. What my PCP wrote, was what got me another look by the judge. It took me four years to qualify. I wish you all the best Donna. ginnie
I was approved for ssd in feb 2013 for depression and chronic anxiety. I was denied the first time on my own and the second time I was approved with a ssd attorney. I had yrs of papework from being hospitalized ( my attorney) says that helps. I also had psychiatrists, counselors and of course family doctors notes. Its so important to have these things. Having just a family doctor isn't enough ......you have to show that you have been working with a Dr that works with someone with your condition. I wish you the best!!! I know it isn't easy living with depression.
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Old 04-09-2013, 06:34 PM #38
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Originally Posted by DonnaW1955 View Post
I find that hard to believe, i was told work that you are accustomed to performing. I only replied to bret's thread to let him know he was not alone, there are many who are turned down and do appeal.

You don't have enough information to give anyone that kind of an answer, the funny thing is, I appealed and already have a hearing date. If you knew as much as you claim, you would know that some people are disabled to the point where one more day, without pain is a blessing. I have to blow into a tube to work a computer to type this *admin edit*.I have plenty of respect for Bret and every poster here, I don't know what I did to offend you, but God bless you, you need it more than I do.

Having just gone through the process with husband and hearing with ALJ Judge, LIT Love is correct. Husband had vocational expert at his hearing and Judge did ask if he could do his past work, answer NO. Can he do any other work with his education, experience, skill level. She found 3 jobs but they found that considering his medical/physical limitations he couldn't do those jobs. Some skills are transferable and some are not. SS provides descriptions of those "skills". He did win his case just recently.

Wish you the best in your appeal hearing...
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Old 04-11-2013, 12:48 PM #39
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I also was found unable to do my past job at the ALJ hearing and the vocational expert came up with three jobs and my lawyer said "would a person be able to do those jobs if they could only perform them for an hour a day and missed 3 or more days a month"? The vocational expert said "No, in a case like that there would be no jobs the person could perform". I was still denied. This was after I had liver and kidney failure and could barely get out of bed to bath and use the bathroom. Plus I have a whole list of other conditions. Every condition I have is on their disability list of qualifying conditions. How did I get denied? I don't understand. If someone has any insight into how they make a decision, I would love to hear it. To me it seems totally random on who is accepted and who is denied.
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Old 04-11-2013, 01:25 PM #40
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I also was found unable to do my past job at the ALJ hearing and the vocational expert came up with three jobs and my lawyer said "would a person be able to do those jobs if they could only perform them for an hour a day and missed 3 or more days a month"? The vocational expert said "No, in a case like that there would be no jobs the person could perform". I was still denied. This was after I had liver and kidney failure and could barely get out of bed to bath and use the bathroom. Plus I have a whole list of other conditions. Every condition I have is on their disability list of qualifying conditions. How did I get denied? I don't understand. If someone has any insight into how they make a decision, I would love to hear it. To me it seems totally random on who is accepted and who is denied.
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The ALJ usually phrases the Voc Counselor questions as a hypothetical. So if the ALJ decides the medical documentation fits the RFC, then he/she will likely find a FF decision if the Voc Counselor determines no other work could be performed.

But, why you were denied? The only way to hazard a guess would be to read the transcript and the decision, and to look at your file.
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