I am a 40 year old female who has worked full time since age 16. I was diagnosed with left sided temporal lobe seizures in 1992. I was on treatment for only a short time because I was fired from my job as an LPN due to tardiness (my type of seizures occur mostly during sleep and it is very difficult to wake up in the mornings, thus leading to my tardiness). My doctor was at the clinic that I had been fired from and I lost my insurance. Three Months later i found a new job but the same doctor was on my new insurance so I never went back. I worked at this second nursing position for 12 years.

About 2 years ago I noticed that my sleeping pattern had worsened, I was becoming extremely fatigued during the day, even falling asleep with clients in my office, and my short and intermediate term memory, which had never been great was rapidly declining. I started getting in trouble for forgetting to do paperwork, misplacing things, and I was late to work almost daily. I decided to quit before I was fired, the stress was tremendous.

I got on my new husbands new insurance and got to see and new neurologist who did another EEG and found that I now have seizure activity in both temporal lobes and I have started having focal seizures in both hands and sometimes my head jerks to the left. I am also seeing a Psychiatrist for severe depression and she’s leaning towards a diagnosis of bi polar. My neuro explained to me that my type of seizures have caused the memory problems and most likely the depression.

I applied for ssd in May and they sent me for a CE for an Eval of My depression and memory tests. I have no clue how I did on the memory test but I don’t feel that it was a good indicator of the type of memory loss that I have. I may remember a set of words ten minutes from now but in two days I won’t remember that there was a set of words. Do I have any chance of winning my case?

Jonathan Ginsberg responds:  Lynn, based on what you write, I think you have a strong argument to win your disability case.  The first place I would look is the SSA "bluebook" which contains the SSD listings.  The listing relating to seizures is Listing 11.  I would print this out, take it to your doctor and ask him if you meet any of these listing definitions.  It may be that your seizure activity is enough to support a claim for disability.

At the same time, I would look at the listing for depression – and ask your psychiatrist if you meet the criteria there.  Here, too your condition may be listing level.

If you are not at listing level for either the seizures or the depression, I think a good argument could be made that your functional capacity for work has been so diminished that you would not be able to perform any kind of work.  Reember, for SSDI purposes, your impairments must preclude all work, not just your past work as a nurse.  If this was my case, I would take my standard depression/mental health functional capacity form and modify it to include limitations arising from a seizure disorder.

Assuming that your doctor would be able to identify reliability limitations (i.e., too much missed time from work, erratic performance schedules, poor memory), you should have a good chance at winning.

If you need legal assistance, I have set up a disability lawyer referral service for your use.  Please write me back and let me know how things turn out.

[tags] seizures and social security disability, depression and social security disability, disability lawyer referral, meeitng a listing [/tags]

Should I get a lawyer before my first application or wait until I have been denied before contacting a lawyer?
–Millie

Jonathan Ginsberg responds:  Millie, I generally advise people to wait until you have been denied before hiring a lawyer.  First of all, as a practical matter, there is not much a lawyer can do prior to the initial denial.  During this initial application consideration, your Social Security adjudicator will request copies of medical records from your doctors and review this evidence with the help of an in-house Social Security medical or mental health expert. 

Secondly, if you are approved, you can avoid paying 25% of your past due benefits to a lawyer, since most lawyers charge a 25% contingency fee.

As a disability lawyer, my main job is to "translate" medical problems into specific work limitations.  There are a number of good Internet resources that can help you with the forms.  I have written a book about  how to fill out the forms and I have released several of the forms I have developed to win cases in my book, called the Disability Answer Guide.  You might find my book helpful at the initial and reconsideration stages.

If you are denied and feel that a lawyer would be helpful, you can request a case review from me by clicking on this disability case review link.

Bottom line – I see nothing wrong with trying to win on your own.  If your case is good and you work hard on the forms, you  may not need to give up 25% of your past due benefits.

[tags] social security lawyers, disability forms, filing for disability, starting the disability process, social security disability application [/tags]

I have diabetes mellitus ..was on pills, now on sliding scale with insulin, plus 10 units at night of long lasting insulin…I have diabetic neuropathy..degenterive disk in back, recent heart attack, with three stents..hypertension…my question is, what are my chances of getting social security? I lost my job, because FMLA ran out…thank you
–Robert

Jonathan Ginsberg responds:  Robert, thank you for your question.  Here’s how I approach diabetes cases.  First, recognize that diabetes is a relatively common medical problem and Social Security judges frequently see claimants with diabetes.  Social Security has a diabetes listing – but in order to meet the listing, you need to show that your sugar levels are basically uncontrolled and that you have severe neuropathy or retinopathy.  It sounds like your diabetes is getting worse but may not be at the listing level.

I do think, however that taken in combination, your medical problems may very well result in activity limitations that cause a significant interference with your ability to perform work.  All of the problems your discuss – degenerative disk disease, cardiac problems, hypertension – all can limit you from performing even a simple, unskilled job.

The key to winning, in my view, would be to ask one or more of your treating doctors to complete a functional capacity evaluation form that "translates" your medical problems into specific work limitations.   In particular, functional capacity opinions having to do with job reliability would be particularly important.

If you are already represented, you should speak with your lawyer about working with your doctors to generate one or more of these functional capacity forms.  If  you are not yet represented and want to speak with a lawyer, please complete the potential disability client profile and I will refer you to experienced counsel that practices in your location.  If you want to try to win on your own first, you may want to check out my "how to" book the Disability Answer Guide (it has sample functional capacity forms in it).

You did not say how old you were or what type of work you have done – those are also factors in a disability case.   I think that at the end of the day, your case will likely turn on how supportive your doctors will be and whether you can get strong forms to submit to Social Security.  Best of luck and let us know how it turns out.

[tags] disability and diabetes, diabetes mellitus, degenerative disc, deginiritive disk disease, hypertension, stents, functional capacity, Disability Answer Guide, social security lawyer referral [/tags]

Because Social Security disability cases largely turn on a claimant’s capacity to work, SSA has come to recognize that a claimant’s “employability” ought to be a factor in determining eligibility for disability benefits.

In fact, the “grid rules” are specifically designed to help older, less educated individuals by easing the standards for certain claimants. The grid rules apply to claimants over age 50 who have a physical (not mental health) impairment.

The grids are actually tables that consider age, education and work experience. For example, a claimant who is age 50 to 55, who cannot read and write would be considered disabled even if the claimant could perform sit down work – the thought being that very few sit down jobs exist for such an individual.In general, claimants who are older and less educated will find it easier to qualify for disability even if they retain some capacity for work.

Even in cases where the grid rules do not apply, I have found that Social Security judges tend to be a bit more sympathetic to older, less educated claimants – especially those who have performed physical work during their working life. In theory a 48 year old construction worker might be found “not disabled” if he could perform data entry on a computer, but a thoughtful judge would recognize that such a scenario is unlikely in the real world.

Younger claimants – those in their 20’s and 30’s – generally have a more difficult time qualifying for disability. First, younger claimants may not “look disabled” to a judge and therefore not likely to receive the benefit of the doubt in a credibility evaluation. Secondly, some judges are concerned that by approving a younger individual for benefits, the Social Security system will be on the hook for hundreds of thousands of dollars over the next thirty or forty years, while the disabled individual will lose all incentive to work.

The one area where this generalized bias against younger individuals may not be quite so prevalent is in the cases of claimants disabled by mental illness. True mental illness – such as schizophrenia, severe depression, bi-polar disorder, paranoia, obsessive-compulsive disorder – exist because of brain chemistry imbalances. Age is not a factor. As such a claimant’s youth ususally does not work against him or her.

Earlier this week, I tried a case involving a 35 year old woman who was severely bi-polar and suffered with obsessive-compulsive disorder and anger control issues. My client was young, attractive and well dressed and a casual observer would have no idea about her inner turmoil.

I changed my normal direct examination strategy in this case because I was concerned that the judge (a visiting judge who I did not know) might pre-judge my client based on her appearance. Normally, I go through background material (past work, schooling, education) fairly quickly – often using “leading” questions since my goal is usually to inform the vocational witness about the work history and to get the background information into the record.

Here, I let my client ramble on a bit more about her past work since she had lost just about all of her past jobs because of confrontations with supervisors or customers.

Because of her mental illness, my client experiences a different reality than a non-impaired person. The more she spoke, the more obvious it became that she could not function in a work environment. Because her obsessive activities and paranoia are such a big part of her life, she tends to focus on those issues to the exclusion of other day to day matters. Her testimony suggested that she functioned best in a very controlled environment, even to the exclusion of her husband and other relatives.

I also asked her husband to testify since a mentally ill claimant often lacks the perspective to clearly explain exactly how her behavior differs from the norm. I usually try to find witnesses are in mental illness cases to illustrate the depth of the claimant’s day to day problems. I also asked the claimant to step outside when her husband spoke so that he could be free to speak his mind without having to worry about offending his wife.

At the end of the hearing the judge asked a few questions to the vocational witness, all of which resulted in vocational opinion testimony that this claimant could not function in a competitive work environment.

Fortunately, our judge looked at the evidence, not at the claimant’s appearance and he made the correct decision in this case.

[tags] mental illness and SSDI, grid rules, obsessive-compulsive disorder, paranoia, bi-polar disorder, Social Security disability, vising Social Security judge [/tags]

Good Morning, my question is. I was denied disability because they said they found alcohol in my blood the day before my birthday and again in June after my friends birthday, oh and some marajuana. It is not something I do on a regular basis. Two days before all of this the emergency squad was called because I had my first seizure in my car, grand mal and it has not stopped since. I have had several MRI’s and EEG’s I was diagnosed with brain trauma who knows when that started I have had several (at least 3 or 4) concusions since 96 or 97. So I don’t know if I should get a lawyer, or can I file one more reconsideration myself. Thank you, for your consideration, Noel

Jonathan Ginsberg responds: Noel, you raise an important issue about how allegations of alcohol or drug use can “muddy the waters” of your disability claim. Social Security’s rule is that a disability claim can be denied if alcohol or drug use is a “material contributing factor” to your disability. To put this another way, would you be able to work (and otherwise control your symptoms) if you discontinued your drug or alcohol use?

The problem is that often there is no way to know for sure. In your case it would appear that your seizures arise from the brain trauma and have nothing to do with your alcohol or marijuana consumption. On the other hand, can you get your doctors to say that for certain? Is it possible that your use of alcohol or marijuana results in an increase of your seizures? That is the question that a SSA judge would ask.

My guess is that you are going to be denied at recon no matter what because administrative level SSA employees are trained to deny when they see information about drug or alcohol. I do think you should get a lawyer.

The good news (if you can call it that) is that you will most likely be waiting 12 to 18 months for a hearing. During that time, it is very important that you stay away from even casual use of drugs or alcohol.

In a private email, I am going to refer you to a very capable lawyer near where you live – you should definitely follow your lawyer’s advice about how to deal with this issue. It is very important that you and your lawyer arrive at a strategy to deal with a medical record that contains a reference to alcohol and drugs. You may very well be deserving but this alcohol/drug issue could become a bigger problem than you might imagine.

–Jonathan

My daughter husband to be passed away. And she has become very depressed and can not work due to his death a year ago. She has had a nervous break down. And her children are not his. She was working at a very good job. She still has no insurance for medical and cries all the time. Can not sleep. Was seeing a theropist. How do we get her on Disability? Thank You. -Kay

Jonathan replies: Kay I am sorry to hear that your daughter has had such a rough time. For those who have not experienced depression themselves or seen what it can do, depression can turn your world upside down.

The first thing your daughter needs to do is to file her claim for SSDI disability. She can do that by calling Social Security at 800-772-1213.

Secondly, both of you need to be aware that her chances at winning will be much greater if she has an on-going treatment record from a treating psychologist or psychiatrist, and, even better, a treating doctor who will complete a functional capacity form detailing the specific work limitations arising from her depression.

Please stay on her to file her papers timely and to respond to any appeal deadlines. For the initial application and reconsideration levels, you may find my Disability Answer Guide helpful. If you feel that you need a lawyer to help with the paperwork, you can get a qualified disability lawyer referral by clicking on the link.

Good luck to both of you in this difficult time.

–Jonathan

Jonathan, recently i received a settlement while drawing ssi. I followed the rules and reported it. i also reported where the money was spent. however I have a worker who is requiring alot of info from mr. He even asked for my bank statements. Am I required to give him thisinfo. The stress is also agravating the nervous conditin I was originally approved for ssi in the first place whatcan i do Do I have any rights in this situation.?

Jonathan Ginsberg responds: If you are receiving SSI (Title XVI Supplemental Security Income) then your settlement may be counted as a “resource” that would offset your SSI. Under current SSI regulations, you are allowed $2,000 in resources ($3,000 if you are married).

You can read more about SSI permitted resources here. My thought is that SSI will seek to stop your benefits until you have used up the money from your settlement. You may want to talk to the SSA rep about designating some of that money (or using some of that money to buy furniture or other items needed) as being necessary for future medical expenses or other living necessities.

–Jonathan

I have a general question regarding social security disability benefits for my daughter. I will summarize what has been going on and if you can just give me an answer as to what her chances would be I would appriceiate it.

My daughter is 22 years old. She had fallen down and broken some areas in her back a while back. She was out of work for a while. Then she had gotten sick last September with something that no doctor could diagnose. She was tired could not move, her blood count was up to 22,000 which should only be 4000 to 6000. She was in the hospital both emergency and overnight 4 – 5 times during the end of September and through October.

During this time they filled her iv with antibiotics and hoped it would work it did and by the end of october, she was better. She unfortunately lost her job once again. A few months later, she fell again and frctured some vertabrae in her back. She once again has been out of work. She has had a hard time keeping a job due to doctors appointments and injuries and sickness.

She has a history of anxiety and depression and ocd. She takes medications for these. She also has chrones disease, and she goes to pain management for her back. She has no insurance and we have been paying for her prescriptions etc but it is getting very hard. Due to her not working she gets even more depressed but to keep a job is almost impossible with all these issues she has. She has all her medical records etc and can give more information about her back etc problems, but before I mentioned this to her I thought I would write to see what her chances might be. Please e mail me back and let me know. I appreciate your taking the time to read this and respond.

– Marilyn

Jonathan Ginsberg responds: Disability benefits for younger individuals can be difficult to obtain. In order to present a successful case, you must prove that an individual cannot perform any job that exists in the national economy. There must be a marked restriction in almost every area of daily activities.

Additionally, your daughter must qualify for benefits. Before the age of 24, she must have earned 6 credits in the 3-year period ending when the disability began. For example, if she earned $3880 in one year, that qualifies her for 4 credits.
My recommendation would be to consult with an experienced Social Security Disability attorney in your area, to have the merits of your case evaluated. On our Social Security website, we have offered a links page where you can get a free case evaluation from an experienced attorney in your local area.

Please go to the website and fill out the form. An attorney in your area will contact you to provide you with some options.

The website is located at this link:
http://www.4socialsecuritydisability.net/

The form to fill out is located at this link:
http://www.submit-my-info.com/ask2.asp

Best wishes to you and your daughter.

– Jonathan