I invite you to visit my Georgia Social Security disability web site to read my latest heart disease disability case study report about a case I tried last week on behalf of a client with a longstanding cardiac disease complicated by decreased kidney function and diabetes. Like many of the cardiac disease cases that I try, there were three viable theories of disability that could apply: (1) a listing argument; (2) a functional capacity argument and (3) a grid rule argument.
I presented all three to our judge, and the judge decided to approve based on….(you’ll have to read the case study to find out).
Not surprisingly the judge looked very favorably on my client’s long, consistent work history. The judge even put on the record his opinion that my client would never have stopped working but for his medical issues. As I note in the case study, the medical record in this file was a little sparse – but a solid work history can go along way to greatly enhance a claimant’s credibility.
One of the arguments I had at the ready (although I did not have to use it) was the “frequent restroom break” problem associated with a drug called Lasix, that helps clear fluid from the bodies of patients with congestive heart failure. Many of my clients are surprised to learn that I often win cases on the work performance problem of needing to go to the restroom several times an hour. Although excess restroom breaks don’t sound like a medical issue, the practical import of this problem is excess missed time from work.
I was reading some of your comments from previous cases, and this one stood out at me, while reading. Again, I have intercysterial Cystitis, and can go to the bathroom as many as 6 to 8 times in an hour, which is definately time away from my job. I am 50 years of age, with a high school diploma, and some college to support my interest in the medical field. I have truely tried to work, but my health has created an image with employees that does not support me staying in a position. I can not sit or stand for long periods of time, due to arthritis and leg weakness, and not to mention the numbness on a daily basis in both hands. I have found your postings very informative and helpful, as I prepare for my Hearing, coming up in August, 2012.
Many of my clients are surprised to learn that I often win cases on the work performance problem of needing to go to the restroom several times an hour. Although excess restroom breaks don’t sound like a medical issue, the practical import of this problem is excess missed time from work.