Have any of you been successful in obtaining a favorable decision from an ALJ based solely on physical limitations of RA, AS, failed back surgery syndrome, or the like? I have a hearing set for March, and have been denied on so many previous applications that I've lost count! I do have an attorney this time around. Their prior reason for denials were all the same: "Claimant is too young and has too much relevant work experience to be considered disabled." They said this after I'd been unable to work due to severe pain and physical limitations precluding work for a period of five years. Now it has been 10 years. I've lost my work credits and will now only get SSI. Do you guys think I stand any chance?
What does your lawyer think? Do you have secondary diagnosis you can also include? I got my disability on Fibromyalgia but they also added the chronic fatigue and migraines as well as things such as fear of crowds etc. The more diagnosis you can include the better. Hopefully your lawyer is on top of things and this time will go in your favor..
Well, I have been diagnosed with:. RA, AS, degenerative joint disease, several active herniations (irreparable), failed back surgery syndrome (X3), spinal stenosis in cervical and lumbar, 2 fusions w/instrumentation lumbar, 1 fusion w/instrumentation cervical. Im also severely anemic and, so far, only an initial abnormal result on PSA Test. I also listed psychiatry records indicating PTSD, OCD, Schizophrenia, bipolar I. My doctor's even went as far as to write letters as to why I am unable to work. Just hoping I have a good lawyer and I've got consistent Dr records for the last 10 years. By the way, I'm 39 and live in NC, USA!
Welcome to the group Cecil. Cecil was my Grandmothers name :) I am usually in Arkansas but right now am visiting my son in Montana.
The only other thing I can suggest is to keep up with the charting here so you have records showing the pain and notes each day describing what you can or (most likely) what you can't do. Also in your notes keep track of things you do try that are non conventional such as vitamins or yoga etc. Plus list things you did that day that made things worse such as washing hair.
When you go to court don't dress up. Don't obviously dress bad but let the court see the real you.. If the see a put together person with perfect makeup etc. it will help lead to a belief you can work as they can't see the time and effort that went into looking good. (I hope that made sense?)
I had problems at first too because i was told i was to young and could still do certain work. After a few more years i hired a lawyer just like you have. I found the key for mine was multiple diagnosises, fibro, DDD, multiple surgeries, panic disorder, etc. You really have to pile it on with them, especially when you are young.
When you are under 50 I have been told they fight you everytime. As if we want to live below poverty level right...insert sarcasm here. If you have any depression with your diagnosis it might make the difference for your case. Realisticly who does not face depression sometimes even major when you have chronic pain. My doctors have told me that it is far easier to get disability with a depression disorder than even with the laundry list of diagnosis that I have. Pain changes your brains chemistry I won my case after being denied for 3 years. I am in Texas.