I’d like to know why it seems that people who never worked at all can apply and receive SSI benefits and thosethat have worked and applied for SSD are given months and sometimes years of the run around. I have numerous problems. I suffer from the effects of late stage cancer treatments, arm and shoulder trouble that has persisted for years, sarcoidosis, Can’t walk or stand for long periods and have vision trouble. My medical records and doctors reports have all been provided, I have gone to see one of their doctors and now I’m being told that I may need to be sent to another doctor. All these things are detailed in my medical history which is about 10 inches thick (no exaggeration). Does any of this sound as if they are leaning in my favor? What more can they be looking for? I have been waiting for 5 months.
Thanks, Raye

Jonathan Ginsberg responds: Raye, the overriding issue in any Social Security disability case is whether you impairment prevent you from working.  Often doctors treating medical problems like the ones you describe are focused more on diagnosis and treatment than on evaluating work capacity.

In my practice I almost always use “functional capacity” checklist forms designed to help treating doctors “translate” medical problems into specific work limitations.

For example, the cancer treatments may leave you fatigued.  If your treating doctor describes that fatigue in terms of poor concentration, poor reliability at work, a need to take frequent unscheduled breaks, then SSA has work limitations it can evaluate.

Similarly, your statement that you are unable to walk or stand “for long periods of time” is too vague.  Instead, why not a statement like “I cannot walk more than 50 yards without having to stop for breath and I can walk no more than 30 minutes total in a 4 hour period.”

The goal here is to identify specific work activity limitations.  The bottom line – you have to speak Social Security’s language if you hope to win.  SSA’s language is vocational in nature, not medical.  If you see your case in these terms, your chance of success is much greater.

–Jonathan