i have a medical max of no lifting, pushing, pulling of no more than 5lbs.  i have had multiple hernia operations.  i have worked in the capacity of housekeeping, nurses aide, and a ward secretary all of which i was hurt while working with a jackson pratt drain in,  pulled on a drawer that did not open and pulled apart my abdomen which resulted in another operation at ohio state university hospital.  i have had 7 previous operations.  the county in which i live has also deemed me disabled.  do i have a good case?
–Vicki

Jonathan Ginsberg responds:  Vicki, based on what you say, it would appear to me that you have a good case.  The issue in yours or any other disability case has to do with your capacity for work.  In your case, I think you would also have to satisfy the duration requirement – in other words, has your condition lasted 12 consecutive months or is it expected to last 12 months.

If your treating doctor is willing to go on record to say that your abdominal weakness is such that you are not likely to regain sufficient strength and stamina to perform even a simple, sit down job on a regular, reliable basis, then your case would be stronger.

I suspect that you may have received treatment from many doctors over the years.  I think that you would benefit if your records contain a clear summary of your medical history from one or two doctors who can address the physical activity limitations and will cooperate with your lawyer in completing a functional capacity form.

Finally, you want to approach your hearing with the attitude that you would work if you could.  Sometimes when claimants have been undergoing medical treatment for an extended period of time, they begin to think of themselves as "disabled."  Judges like to see claimants who are fighting the entire concept of disability and who have no desire to be classified as such.

[tags] hernia operations and disability, duration requirement in disability case, mental approach to disability case [/tags]