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12-05-2014, 12:16 PM | #11 | ||
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Are you saying those symptoms are a result of your physical impairments? They might be or they could be a result of your depression--or they could be a combination of both. So, it's been 17 or 18 years since you worked a regular full time workload? Here's where it gets confusing--if you're claiming a mental impairment, you were able to work the first (approximately) 20 years without an issue. If you were in an accident or had an illness, that would make sense that your function declined. But you've never claimed that, you've just mentioned getting older. (Not that you have or need to reveal your entire medical history online, btw. But, this is why an attorney that has access to your whole file is in a better position to accurately answer your questions.) SS will want to know what changed in your early 40's? If you played football, were a boxer, or had a brain injury or injuries when you were young, or developed early Alzheimers, (or perhaps you have an undiagnosed disorder that has led to a decrease in cognitive function) than you need to have a Neuropsych evaluation. Or, was severe depression the main reason for you missing work? That one issue is certainly enough to qualify by. An ALJ will want to see weekly psych appointments and that you've followed all instructions such as taking meds if prescribed. Since your current Alleged Onset Date is not connected to a significant birthdate, it would sense that there is new medical documentation from that date. Did you perhaps begin seeing a therapist more consistently at that time? Not that it matters, but you've previously said you started your job in 1979. And I believe you stopped in 2006? That would make it 27 years, not 37 years. |
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12-05-2014, 12:32 PM | #12 | ||
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12-05-2014, 01:57 PM | #13 | ||
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If you had cataract surgery this June, that is many years after your Alleged Onset Date, so I don't know if that will have any effect on your claim. People's health does tend to decline when they get older, especially when they're overweight. Issues like type II diabetes rarely effect a person's ability to work though. Even something like cataracts are not necessarily career ending nowadays due to advances in surgical techniques, like they would have been in the past. Are you still driving? Jeffrey Delott the attorney? No, I just did a google search. I'm in California. Maybe start a thread here and on SSDfacts with the title "Referral request for NY attorney." You may have had a serious cognitive issue your entire life, but if it didn't impact your ability to work previously, you'll not likely be approved for SSDI for it now. If your cognitive issues developed when you were in your 50's, it's very likely you'll need a diagnosis for it to be seriously considered at this point, since the validity of your iq test was questioned. |
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12-06-2014, 09:42 AM | #14 | ||
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12-06-2014, 10:12 AM | #15 | ||
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I started babysitting fulltime the summer I was 11 watching 3 kids, and always had a "job" after, but unless you're paying into SS, those jobs don't really "count". So, my first "real job" started when I was 17.
If you stopped working at 50, that would make you 13 when you first started working, which is an unlikely age to have a regular job. If you go into your hearing and say you worked for 37 years, an ALJ might do the math very quickly and wonder if you're trying to manipulate her by being dishonest. And Ray, when you consider you haven't worked a regular fulltime job in something like 17 years, that is not the same scenario as working the same job or two fulltime, with no breaks, for 35 years before experiencing an injury or illness and having to essentially retire a few years ahead of schedule. It doesn't mean you don't have a legitimate claim! But, it is a different scenario. So, apparently your attorney talked to you yesterday? Your symptoms/timeline simply don't make sense as related online. As I've said, that could be because you're leaving out information--which is fine. But, an ALJ will in all likelihood ask the same questions if there is not a diagnosis that explains the iq drop. And I have to assume there isn't otherwise the ME would have "validated" your iq score. You need to be prepared for these issues to come up at the hearing. Your doctors simply fill out the forms and reports and probably don't understand SS rules and regs, let alone important facts in your case, like your Alleged Onset Date. You can give SS a truckload of documentation, but if it doesn't help document why you weren't able to work at the time of your Alleged Onset Date, it might not help. There is something you could do--you could undergo a Neuropsych eval to get an accurate iq score and/or determine the reason for any cognitive issues. Last edited by LIT LOVE; 12-06-2014 at 11:03 AM. Reason: added |
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"Thanks for this!" says: | Rayandnay (12-06-2014) |
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