Greg writes: “I have seen many if not all of your YouTube videos and have to say you probably are the best disability lawyer on there. My case is rather unusual in the sense that I do not have one injury, I have three. I have a bad back, one herniated disk that causes a lot of pain for me and three bulging disks that are bad in their own right. My right hip is bad and needs replacement, I am on year 6 since it’s discovery. I also have two feet that have chronic pain from bad plantar fasciitis that have both been operated on with little to no success.”
“How on earth do I and my lawyers tackle this in a manner in which I can get approved ??? Should I have my primary doctor do a functional test on me for all three injuries or have each specialist do a functional test on each injury? Secondly is an MRI going to sway a judge more than an X-ray when these days X-ray specialists write their findings and send it to the treating doctors themselves.”
“Any advice would be much appreciated, and keep up your great work with helping us needy and injured.”
–Thanks, Greg
Greg, here are my thoughts. First, thanks for the kind words about my YouTube channel. I do put a lot of effort into creating these videos and I appreciate your positive feedback.
As far as your medical issues are concerned, I would defer to your lawyer who obviously can review and assess your medical problems. Speaking generally, however, my experience has been that it would likely be an uphill battle to base your disability case on planar faciitis since that condition is usually not totally disabling. It can eliminate categories of jobs that require more than minimal standing and walking but probably not sitting jobs.
Generally, a disability claim arising from a herniated disc and/or a damaged hip that needs a replacement can be strong. I would look to get functional capacity forms from both your back doctor and your hip doctor.
Remember that Social Security defines “disability” in terms of your capacity to perform the duties of a simple, entry-level job. So, some of the functional issues that might arise from your conditions could include:
- excessive absences from work
- need to take excessive unscheduled breaks during the day
- fatigue and drowsiness due to medications
- problems with attention and concentration due to medications
- problems with attention and concentration due to chronic pain
I would include these and other limitations on a functional capacity evaluation form.
In my practice I try to get functional capacity evaluation forms from all relevant treating doctors – your attorney can advise you if this approach is overkill in your jurisdiction. If I had to choose, I would choose the specialists over the internists, but, again, in my view, any doctor who has been involved in your treatment over an extended time frame is a relevant medical source.
As far as the MRI vs. X-ray, I think an MRI generally will be more persuasive as it is a more definitive test, but consistent, long term treatment records are the most important factor.
I tell my clients that I use the hearing process to paint a picture of my client’s life for the judge. A claimant with a long work history, well documented medical records, compliance with recommended treatment and support in the form of functional capacity evaluations from one or more treating doctors will have a strong likelihood of winning.
Thank you for sharing your extensive knowledge about disability. My issue isn’t as cut and dry as other applicants. I have a condition called Marfan Syndrome and was diagnosed at 3 years old. I was able to work for 30 years but after several failed surgeries It’s impossible for me to work. Applying for disability is complicated and difficult and I was foolish enough to try it without legal help. Your website is a life-saver since I’m still trying to navigate a process that isn’t friendly to those of us who need Disability!
Thanks, Patty and good luck to you.