Originally Posted by LIT LOVE

I have a feeling I understand why your attorney was willing to accept your case now. My guess is s/he is betting you won't be approved at the first stage and that you'll end up before an ALJ and will rack up significant backpay and win at that point.

^^^You really think for those reasons? He told me that they turn down 75% of the people who call. I asked him if he thought I had a strong case. He said, "Yes". I asked, "On what basis?"

^^^"You have an excellent work history. You are over 50. You have excellent medical records with DXs and TXs. You have multiple health isses that are going on."

You need to keep the focus on the PN, and the PN exacerbating your pre-existing mental disabilities.

^^^OK. That is what I told my shrink yesterday. I kept saying something like this, "As you know . . . I was doing OK with divorce. . . was working my way thorgh (no auto spell check?)my 'plan', but the PN . . . it just became so painful and fatiguing that it screwed up all of my coginitive functions." He shook his head in affirmation.

Just so you're aware, SS will usually consider medical records beginning 12 months prior to your Alleged Onset Date (AOD) and for mental health records, they'll look back 24 months prior to your AOD.

^^^ Are you saying that they will not consider medical records over the last 6 months? And/or the last 3 months? And/or the last three days? When I called them last week (via the phone number and ext provided on the Function Report Cover Sheet) I asked, "I have skin biospy results that I just got last week from KU. They prove with scientific data (I am outside the ranges on 2 of the 3 sites tested on me), that I have 'small fiber periperal neuropathy'. She with out hesitation, and with enthusiasm said, 'Yes! Attach and send those. Write your name and case # on them."

^^^Thank you very much for providing the listing below. I will put a few comments amongst them:

BP is also a Listed Impairment.

"12.04 Affective disorders: Characterized by a disturbance of mood, accompanied by a full or partial manic or depressive syndrome. Mood refers to a prolonged emotion that colors the whole psychic life; it generally involves either depression or elation.

^^^YES to all the above.

The required level of severity for these disorders is met when the requirements in both A and B are satisfied, or when the requirements in C are satisfied.

^^^OK. Let's take a look. I just need ONE from group A? Understanding that I still need to look at and satisfy B additionally.

A. Medically documented persistence, either continuous or intermittent, of one of the following:

1. Depressive syndrome characterized by at least four of the following:

a. Anhedonia or pervasive loss of interest in almost all activities; or

^^^YES. Told doc.

b. Appetite disturbance with change in weight; or

^^^YES. Told doc. Wt went from a healthy 165, down to an unhealthy 140. I'm 6 foot tall.

c. Sleep disturbance; or

^^^Yes. Told neurologist. I do not think I talked with my shrink about this.

d. Psychomotor agitation or retardation; or

^^^Yes. Talked with my shrink about this.

e. Decreased energy; or

Yes. Talked with my shrink about this.


f. Feelings of guilt or worthlessness; or

^^^Yes, not sure if we discussed it or not.

g. Difficulty concentrating or thinking; or

^^^Yes, I talked with my shrink about this.

h. Thoughts of suicide; or

^^^Yes. Talked to my shrink about this.

i. Hallucinations, delusions, or paranoid thinking; or

^^^Did not talk to my shrink about this but he probably picked up on some 'delusions' and/or 'paranoid thinking'.

2. Manic syndrome characterized by at least three of the following:

a. Hyperactivity; or

^^^I can't remember if the shrink and I talked about this but I imagine he saw it as we talked with each other. I mentioned, "I took 1 mg of Klonopin an hour ago . . . to slow me down enough to have a decent conversation with you." I am allowed 2mgs of Klonopin a day. That was 1 of my 2 mgs for that day.

b. Pressure of speech; or

^^^I don't know what this means.

c. Flight of ideas; or

^^^We have talked in the past and we talked yesterday about, 'how Klonopin slows down all my racing thoughts . . . and makes me settle down and think about them more sanely . . . but I still need help on learning how to cope with the CHRONIC disease of PN.' He shook his head in the affirmative.

d. Inflated self-esteem; or

^^^Have not discussed. The mountain, cannot see the mountain (IE. I am the 'mountain'). Therefore, he might have noted this unbeknownist to me.

e. Decreased need for sleep; or

^^^The same comments as 'd.'

f. Easy distractibility; or

^^^Yes, I have talked to my shrink several times about this. It is a common symptom of ADD. Yes, I know - the topic at hand is BP . . . but there are some overlaps between the two.

g. Involvement in activities that have a high probability of painful consequences which are not recognized; or

^^^Possibly my not showing/having 'proper respect' to my bosses?

h. Hallucinations, delusions or paranoid thinking; or

^^^Have not discussed. Lets go with the mountain theory again. What is 'paranoid thinking'? Is worrying about running out of money 'paranoid thinking'? I do not have hallucinations. I do not think others are out to 'get me' (except for my X-wife).

3. Bipolar syndrome with a history of episodic periods manifested by the full symptomatic picture of both manic and depressive syndromes (and currently characterized by either or both syndromes);

AND

B. Resulting in at least two of the following:

1. Marked restriction of activities of daily living; or

2. Marked difficulties in maintaining social functioning; or

3. Marked difficulties in maintaining concentration, persistence, or pace; or

4. Repeated episodes of decompensation, each of extended duration;

OR

C. Medically documented history of a chronic affective disorder of at least 2 years' duration that has caused more than a minimal limitation of ability to do basic work activities, with symptoms or signs currently attenuated by medication or psychosocial support, and one of the following:

^^^I do not qualify for section C. Thanks again for all your efforts Lit. They are very much appreciated and not done in vain. I may be an $ss at times, but it is NEVER my intent, it is one of my mental illnesses . . . made worse when my feet are being particullary (sp) 'naughty'. END.

1. Repeated episodes of decompensation, each of extended duration; or

2. A residual disease process that has resulted in such marginal adjustment that even a minimal increase in mental demands or change in the environment would be predicted to cause the individual to decompensate; or

3. Current history of 1 or more years' inability to function outside a highly supportive living arrangement, with an indication of continued need for such an arrangement."

Originally Posted by LIT LOVE

Any current medical records will of course be considered. They just don't usually care about records farther back than 1 year for medical and 2 years for mental health.

So, if you attempt to provide the adjudicator with the type of letter I pm'd you, quote from medical documentation as close to your AOD as possible, and not farther back then the 1 year med, and 2 year mental health limits.

I think the attorney feels you will win, but not quickly. If you do, he won't receive a dime. This is just a guess on my part.

I think you can be approved at the first stage by meeting the requirements of 1 or more Listed Impairments, but your application will need to be very focused.

Originally Posted by Jo*mar

[We got time to get my report better. I have until 6/13/15 (4pm) to finish it.]

I'm guessing a typo on the date??

Originally Posted by LIT LOVE

You just need to make sure it's clear PN is the main issue and that the mental health issues have been exacerbated. Why is this important? Because you were able to work with the mental health issues prior to that.

^^^I guess my 2013 FMLA goes back to far? No. You told me two years. Anyway . . . details so I don't know.

^^^In 2013 I was on FMLA for dx'd PTSD. I was teaching at a new and different school that I had to travel to every other afternoon. School A - my main school. I started every morning there. School B - my 'step-child' school. I taught there every other afternoon. Larger classes. Longer class periods. TOTALLY different support/discipline system/management of children's behavior. A big CHANGE . . . that eventually caused me to decomposs (is that the word I want?!) to the point that I was not functioning safely to be around children. Hence my FMLA that year.

There just needs to be a connection. The mental health just seemed to come out of left field.

^^^See above. A major 'monkey wrench' was thrown into my teaching life and sechdule and I did not handle it well. My partner (the music teacher - music and PE switch classes together), who was only in her second year of teaching was also stressed by the situation . . . However, she is of better mind than me and she was able to perservere and get through it. I fell apart. Too much stress . . . and I tend to fall apart. Too much stress is a common trigger for BP.

And yes, it's not a bad idea to use the Impaired Listing as a template to make sure you cover those issues that apply. Providing a separate letter like the sample I provided is a good idea too.

^^^Yes, Lit. Thank you.

My question for you is, if you only had the PN would you still be unable to work? My guess is yes.

^^^You are correct. Yes, if I only had PN I could not work my old job (or probably any job due to my need to lay on a bed at least twice during an 'easy' 8-5 day).

^^^The way things are now -- during a normal 8am - 5pm, of me just walking around my little apartment doing errands in the apt - I must lay down at least twice a day during that time for PN relief. On visitations with my daughters - on blah, blah day - I see them for an 8 hour day - twice a month. Withhout fail . . . when I get them back to their Mom and get back to my little apartment . . . I collaspe on my bed due to PN. All I have done with them was sit and watch them play at a park and/or board/card games with me and them. I lay on the floor as we play the previously mentioned games.

^^^School B drastically improved their management of children for school year 2014 and 2015.

^^^I learned some good coping skills during my FMLA to deal with school B. I had talk and group therapy 3 times a week during FMLA 2013 - that is where i learned the above mentioned coping skills.

^^^School B morphed into a very 'doable' situation due to the factor I just mentioned above. So, mentally . . . school was not a big problem. It only became a big problem again . . . when the PN symptoms were so uncomfortable that I could not think straight . . . I could not stay caught up at school or home . . . my world was slowly (then quickly) as the syptoms got more intense . . . spiralling downward . . . out of control. Then the mental conditions all kicked in on HIGH GEAR.

^^^Please trust and believe me that I sincerely DID NOT want to go on FMLA this year. I begged the doc to give me SOMETHING med-wise so I could finish this school year. The doc said, "ABSOLUTELY NOT! If you are hitting yourself in the head with a hammer . . . and your head hurts . . . PUT DOWN THE HAMMER!" Those were the doc's exact words. Those words were very hard to hear. I wanted to finish . . . Again, I BEGGED the doc for meds (even opiaoptes (sp)) to finish . . . The doc would not budge and after 45 minutes on the phone with me, the doc finally convinced me of the immediate need for me to use FMLA again . . . much to my saddness and disappointment. But, looking back now, I can see it really was the only sane chose I had. Now, I thank the above mentioned doc for his persistence and care of/for me.


If I'm correct, treat it that seriously. Think of the PN as cake and your impairments as icing.

^^^Please define 'impairments' for me. My apologies.

DO NOT, discuss, "Maybe in a year or two I can at least work half-days" or you will encourage a denial. You're opening the door for doubt and that you might be capable of working. IF you are able to return to work, that'll be great, but neither you nor your doc can predict that.

^^^Excellent points. Thank you. At this point, my returning to work is nothing more than 'wishful' thinking on my part . . .

^^^A disabled friend (sickle cell) has told me, "Look. You need a year to get on a treatment plan that works (if that is possible), then once on that plan . . . you need a year (at least) to let your body REST and HEAL itself (if in fact that is possible)."

The only thing I don't remember seeing you respond to was if your doc had suggested you need a walker or cane. It's a bit inconsistent to claim you're falling and not using a devise to help.