Comments on: What “Theories of Disability” Work to Win Cases? http://www.ssdanswers.com/2009/07/23/winning-disability-arguments/ Social Security Disability Blog - moderated by Jonathan Ginsberg Mon, 06 Feb 2012 23:42:04 +0000 hourly 1 By: Rabern Trammell http://www.ssdanswers.com/2009/07/23/winning-disability-arguments/#comment-8689 Rabern Trammell Sun, 27 Jun 2010 02:17:24 +0000 http://www.ssdanswers.com/?p=324#comment-8689 When you say 3 ways to wins, do mean win using one of the 3 or all 3 combined? I am a 28 year old male in Alabama. I have had complex partial seizures since a child and all kinds of treatment while I was growing up. I went from having them a few times a year to a few times a month. I have 3 to 5 simple partial seizures a week. I have been fired from the only 2 jobs I have had in the past 6 years since it got worse. The last one I work maintaining rail carts at a brick yard. I worked there for 2 months and blackout 12 times in that period and had countless ones where I wouldn't blackout but got real dazed and would bog down production. I had one where I went into convulsion. They only kept me on because a friend of mine was well liked there but finally told me they couldn't have me roaming around the shop with forklifts and all the other problems. The first job I last about a week and a half and was sent home after having one. I received a termination letter stating i was being terminated for "Violation of Company Policy: Failure to Disclose medical history @ pre- emp Physical". The only records from when I was young they still had was 3 EEGs that had done by a neurologist when I was Senior in HS and they were noted "likely normal" but should prove long time seizures.I have been on seizure meds since Jan 2010. My level are within normal range. I have kept a log of seizures since 2006 but just started logging the Simple Partial ones. I have a ER report where I went for going into convulsion in Aug 2009 where they did a CAT scan. And I have the Termination letter. What is the best way to handle a seizure case? With this what do you think my chances are? Note: I have filed once and appealed with lawyer but denied because on treatment. I have now refiled and was denied and appealed. I now am getting treatment which isn't controlling them and I have a lawyer and a hearing coming up in 2 months. When you say 3 ways to wins, do mean win using one of the 3 or all 3 combined? I am a 28 year old male in Alabama. I have had complex partial seizures since a child and all kinds of treatment while I was growing up. I went from having them a few times a year to a few times a month. I have 3 to 5 simple partial seizures a week. I have been fired from the only 2 jobs I have had in the past 6 years since it got worse. The last one I work maintaining rail carts at a brick yard. I worked there for 2 months and blackout 12 times in that period and had countless ones where I wouldn’t blackout but got real dazed and would bog down production. I had one where I went into convulsion. They only kept me on because a friend of mine was well liked there but finally told me they couldn’t have me roaming around the shop with forklifts and all the other problems. The first job I last about a week and a half and was sent home after having one. I received a termination letter stating i was being terminated for “Violation of Company Policy: Failure to Disclose medical history @ pre- emp Physical”.
The only records from when I was young they still had was 3 EEGs that had done by a neurologist when I was Senior in HS and they were noted “likely normal” but should prove long time seizures.I have been on seizure meds since Jan 2010. My level are within normal range. I have kept a log of seizures since 2006 but just started logging the Simple Partial ones. I have a ER report where I went for going into convulsion in Aug 2009 where they did a CAT scan. And I have the Termination letter.
What is the best way to handle a seizure case? With this what do you think my chances are? Note: I have filed once and appealed with lawyer but denied because on treatment. I have now refiled and was denied and appealed. I now am getting treatment which isn’t controlling them and I have a lawyer and a hearing coming up in 2 months.

]]> By: Rabern Trammell http://www.ssdanswers.com/2009/07/23/winning-disability-arguments/#comment-8688 Rabern Trammell Sun, 27 Jun 2010 01:35:35 +0000 http://www.ssdanswers.com/?p=324#comment-8688 First, I was wondering when you say 3 ways to win if are saying you use that one way to win and not using all 3. Next, I am from Alabama and have had seizures since I was an infant. I am now 28. I received treatment throughout my childhood and had a few seizures a year. They where Complex partial seizures where I would walk around acting dumb for a couple of minutes. No medicines ever worked completely and no eeg tests every showed any abnormal activity but the doctors said most don't. When I graduated from HS I came off my parents insurance and could in no way afford to go to the neurologist I was going to. So I stopped receiving treatment. Now about 6 years ago I started feeling weird for 20 minute or so periods of time during the days. I felt like I do when I was going to have a seizure but it was very weak and came and went. During the periods I started experiancing occasional brust or rush just like when a seizure starts but it would get any worse. Some would get worse and I would blackout and alot would get worse to where I was real dazed and out of it but I would not blackout. With this I started blacking out all the time and started having panic attacks over it which would start with panic but would cause me to go into a seizure. I started a job right when things started changing and got fired in less than 2 weeks for having a seizure. They sent me home and didn't fire me but a week later mailed me a termination letter saying I was fired for "Violation of Company Policy: Failure to disclose medical history @ pre emp Physical." With my last check I went to my old family doctor and told him about the changes and he put me on anxiety meds which did nothing but make me tired. Since I kept having seizures every week I filed for ssi. I was denied because I had few records still on file because they only hold for 5 years. I had 3 eeg tests that were noted "like normal" and that was it for my childhood treatments. I was denied and appealed with an attorney who told me to start keep seizure logs and go to the doctor and start seizure treatment. Well I had no money to go to the doctor and couldn't find a clinic to go to. So I received no treatment and the hearing Judge said I was not disabled and then I couldn't reappeal so that was the end of it. I went to work at a brick company where a friend worked. I had a seizure a few days after starting but he talked them into keeping me. I worked there about 2 months where I blacked out 12 times, 1 of which I went into convulsions, and had countless "Simple Partial Seizures" where I would get real dazed but wouldn't blackout. I would be out of it and slugglish and would get backed up. They let me go by saying they couldn't have me blacking out and roaming around in the shop and slowing production down. So I refiled and was denied. I now have a new lawyer and my hearing is coming up in 2 months. My condition has not changed. I have learned the episodes where I don't black out but get real out of it are also seizures and have started logging them too. I have about 70 blackout seizures a year, 3 convulsion seizures, and about 3 to 5 dazed seizures a week. I finally got accepted into a clinic in Jan 2010 and have been on seizure meds since. My levels are in good range but my seizures continue with only a few second drop in duration of blackouts. I had a convulsion seizure in Aug and went to the ER. I was wondering with the termination letter firing me for my condition, EEGs showing I was being treated when younger, fact I am receiving treatment and am taking it, the ER report, my seizure journal, and witnesses who see me having them all the time. What are my chances and what else would help? Also how does a RFC form work for seizures since the symptoms come and go? Durning a seizure I would be limited in every way. First, I was wondering when you say 3 ways to win if are saying you use that one way to win and not using all 3.
Next, I am from Alabama and have had seizures since I was an infant. I am now 28. I received treatment throughout my childhood and had a few seizures a year. They where Complex partial seizures where I would walk around acting dumb for a couple of minutes. No medicines ever worked completely and no eeg tests every showed any abnormal activity but the doctors said most don’t. When I graduated from HS I came off my parents insurance and could in no way afford to go to the neurologist I was going to. So I stopped receiving treatment. Now about 6 years ago I started feeling weird for 20 minute or so periods of time during the days. I felt like I do when I was going to have a seizure but it was very weak and came and went. During the periods I started experiancing occasional brust or rush just like when a seizure starts but it would get any worse. Some would get worse and I would blackout and alot would get worse to where I was real dazed and out of it but I would not blackout. With this I started blacking out all the time and started having panic attacks over it which would start with panic but would cause me to go into a seizure. I started a job right when things started changing and got fired in less than 2 weeks for having a seizure. They sent me home and didn’t fire me but a week later mailed me a termination letter saying I was fired for “Violation of Company Policy: Failure to disclose medical history @ pre emp Physical.” With my last check I went to my old family doctor and told him about the changes and he put me on anxiety meds which did nothing but make me tired.
Since I kept having seizures every week I filed for ssi. I was denied because I had few records still on file because they only hold for 5 years. I had 3 eeg tests that were noted “like normal” and that was it for my childhood treatments. I was denied and appealed with an attorney who told me to start keep seizure logs and go to the doctor and start seizure treatment. Well I had no money to go to the doctor and couldn’t find a clinic to go to. So I received no treatment and the hearing Judge said I was not disabled and then I couldn’t reappeal so that was the end of it.
I went to work at a brick company where a friend worked. I had a seizure a few days after starting but he talked them into keeping me. I worked there about 2 months where I blacked out 12 times, 1 of which I went into convulsions, and had countless “Simple Partial Seizures” where I would get real dazed but wouldn’t blackout. I would be out of it and slugglish and would get backed up. They let me go by saying they couldn’t have me blacking out and roaming around in the shop and slowing production down.
So I refiled and was denied. I now have a new lawyer and my hearing is coming up in 2 months. My condition has not changed. I have learned the episodes where I don’t black out but get real out of it are also seizures and have started logging them too. I have about 70 blackout seizures a year, 3 convulsion seizures, and about 3 to 5 dazed seizures a week. I finally got accepted into a clinic in Jan 2010 and have been on seizure meds since. My levels are in good range but my seizures continue with only a few second drop in duration of blackouts. I had a convulsion seizure in Aug and went to the ER.
I was wondering with the termination letter firing me for my condition, EEGs showing I was being treated when younger, fact I am receiving treatment and am taking it, the ER report, my seizure journal, and witnesses who see me having them all the time. What are my chances and what else would help? Also how does a RFC form work for seizures since the symptoms come and go? Durning a seizure I would be limited in every way.

]]> By: kathryn worrell http://www.ssdanswers.com/2009/07/23/winning-disability-arguments/#comment-8485 kathryn worrell Sun, 31 Jan 2010 00:38:37 +0000 http://www.ssdanswers.com/?p=324#comment-8485 PS i am in wilmington nc ss disability sent my file from Charrleston SC to Atlanta Ga which i undersatnd is a slower office PS i am in wilmington nc
ss disability sent my file from Charrleston SC to Atlanta Ga which i undersatnd is a slower office

]]> By: kathryn worrell http://www.ssdanswers.com/2009/07/23/winning-disability-arguments/#comment-8484 kathryn worrell Sun, 31 Jan 2010 00:26:37 +0000 http://www.ssdanswers.com/?p=324#comment-8484 SEVERE arthritis facet joints lumbar...DDD...effusions around dessicated discs in lumbar spine, severe pain since 2007...depression anxiety disorder...substance abuse issues but sober and clean for 3 years..goy fired from RN job 2008 feb. due to fell asleep at med cart..cannot take narcotics but take gabapentin maximum dose daily and 40 mg prozac...all well documented..mri evidence on file...plenty od MD visits on file documenting the pain and the injections i have had in my back SS had a CE done and it was found i could only do SRRTs mentally...but classifed me as medium unskilled now that i am no longer able to do former job as nurse am awaiting alj haering...what should i do? SEVERE arthritis facet joints lumbar…DDD…effusions around dessicated discs in lumbar spine, severe pain since 2007…depression
anxiety disorder…substance abuse issues but sober and clean for 3 years..goy fired from RN job 2008 feb. due to fell asleep at med cart..cannot take narcotics but take gabapentin maximum dose daily and 40 mg prozac…all well documented..mri evidence on file…plenty od MD visits on file documenting the pain and the injections i have had in my back
SS had a CE done and it was found i could only do SRRTs mentally…but classifed me as medium unskilled now that i am no longer able to do former job as nurse am awaiting alj haering…what should i do?

]]> By: niki http://www.ssdanswers.com/2009/07/23/winning-disability-arguments/#comment-8232 niki Sun, 09 Aug 2009 21:43:46 +0000 http://www.ssdanswers.com/?p=324#comment-8232 i am a 31 yr old man that is hiv+ of 5 years now i have a herniated disc l5s1 the is deteriating and getting worse daily i also have thrombocynopenia ( low plateletes) for over 5 months now i have daily diahrea that is there i was just hospitalizes for 2 days cus i got some bug that i was vomiting and diahrea for 12 hrs plus and was very weak i am fatigued daily i can no longer walk and do things as i use to do to the disc my right leg is losing strenght in it i have a walker and or a cane to get around is this grounds that i can get my ssi ssdi or ssa i am a 31 yr old man that is hiv+ of 5 years now i have a herniated disc l5s1 the is deteriating and getting worse daily i also have thrombocynopenia ( low plateletes) for over 5 months now i have daily diahrea that is there i was just hospitalizes for 2 days cus i got some bug that i was vomiting and diahrea for 12 hrs plus and was very weak i am fatigued daily i can no longer walk and do things as i use to do to the disc my right leg is losing strenght in it i have a walker and or a cane to get around is this grounds that i can get my ssi ssdi or ssa

]]> By: Jonathan Ginsberg http://www.ssdanswers.com/2009/07/23/winning-disability-arguments/#comment-8217 Jonathan Ginsberg Sun, 26 Jul 2009 17:45:01 +0000 http://www.ssdanswers.com/?p=324#comment-8217 Gerald makes several good points. The RFC argument is more expansive than what I listed in the blog post, however, for sake of brevity and identifying the most common use of an RFC argument, I left it at "less than sedentary." Perhaps a more accurate wording would be "prove that your functional capacity for work has been so eroded by mental or physical problems that that you would not be able to perform even simple, unskilled work." Gerald makes several good points. The RFC argument is more expansive than what I listed in the blog post, however, for sake of brevity and identifying the most common use of an RFC argument, I left it at “less than sedentary.” Perhaps a more accurate wording would be “prove that your functional capacity for work has been so eroded by mental or physical problems that that you would not be able to perform even simple, unskilled work.”

]]> By: Gerald W Riley MS http://www.ssdanswers.com/2009/07/23/winning-disability-arguments/#comment-8216 Gerald W Riley MS Sun, 26 Jul 2009 17:23:08 +0000 http://www.ssdanswers.com/?p=324#comment-8216 I basically agree with your three theories but the RFC could be less than sedentary and the claimant is still denied. After all, there are, if memory serves me correctly, jobs that are classified as unskilled and less than sedentary which means the person has to sit 8 out 8 hrs with normal breaks. On those clients I represent who do not meet a listing, can not meet the grid rules for being found disabled, then I need to show their RFC is such that they may have marked impairments when interacting with supervisors, coworkers, and the general public. Then I try to find marked impairments in their ability to remember, understand, and carry out simple instructions. in their ability to adapt to routine changes in the work setting; in their ability to make simple work related decisions. Any of these will result in an approval. Additionally, clients who miss 3 or more work days per month on an unscheduled basis because of disability also qualify. So I respectfully submit their are additional theories to approach with. I have not added that clients who have significantly limited handling and fingering are also found eligible because every job requires some degree of manipulation. I basically agree with your three theories but the RFC could be less than sedentary and the claimant is still denied. After all, there are, if memory serves me correctly, jobs that are classified as unskilled and less than sedentary which means the person has to sit 8 out 8 hrs with normal breaks.

On those clients I represent who do not meet a listing, can not meet the grid rules for being found disabled, then I need to show their RFC is such that they may have marked impairments when interacting with supervisors, coworkers, and the general public. Then I try to find marked impairments in their ability to remember, understand, and carry out simple instructions. in their ability to adapt to routine changes in the work setting; in their ability to make simple work related decisions. Any of these will result in an approval. Additionally, clients who miss 3 or more work days per month on an unscheduled basis because of disability also qualify. So I respectfully submit their are additional theories to approach with. I have not added that clients who have significantly limited handling and fingering are also found eligible because every job requires some degree of manipulation.

]]> By: R.I.P. Judge Albert Feldman http://www.ssdanswers.com/2009/07/23/winning-disability-arguments/#comment-8213 R.I.P. Judge Albert Feldman Sat, 25 Jul 2009 15:58:54 +0000 http://www.ssdanswers.com/?p=324#comment-8213 [...] turned to be in my career as a Social Security lawyer.  For me, at least, I began to understand how to approach Social Security cases.  Whether I would have come to the realization that my focus at a hearing should be less about [...] [...] turned to be in my career as a Social Security lawyer.  For me, at least, I began to understand how to approach Social Security cases.  Whether I would have come to the realization that my focus at a hearing should be less about [...]

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