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I finally have a disability hearing date!

Posted by downsouth (My Page) on
Tue, Jul 5, 05 at 22:39

If anyone remembers, I posted last year about applying for disability. I was denied and hired an attorney. My hearing date has been set for September 13. I have a form called "Medical Assessment of Ability to Do Work-Related Activities" that I need to take to two doctors to be filled out. My atorney said these forms should have identical answers. Do I give the answers to the doctors and then they sign the forms?

There are hard to answer questions on this form, like can you sit 6 of 8 hours? Of course, the answer is NO, but it asks how long can you sit? I can sit longer if I'm in a recliner, but there's no space to put that, only one blank line for one answer - How long can the claimant sit?
____ Hours

As far as standing, I can't stand anymore than an hour as my left foot goes numb. I seldom drive anymore. I want to be truthful, but I want to be believeable as well. DH said I should put 2 hours standing, 2 hours sitting, "no" to any lifting and "no" to any pushing/pulling questions. I think I will just tell the doctor 1 to 2 hours on the standing and 1 to 2 hours on the sitting. I can sit longer at home, but I have to sit in a recliner.

My attorney said these forms are very important as to whether a person gets disability or not, as your doctor signs the form confirming your answers. I was diagnosed with DDD (degenerative disc disease) in 1997 which has gotten much worse over the years. Last summer I was also diagnosed with severe osteoporosis. My doctor told me in May there is no surgery that can be done, just stay drugged all the time I guess is the answer.

Dee


Follow-Up Postings:

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RE: I finally have a disability hearing date!

I'd probably answer "less than an hour." My DH went thru this & the state had a "rehab specialist" who suggested he could work as a cashier at a service station! The judge told him he'd never seen one offering a cot so DH could lie down after an hour. (He had already had 3 back surgeries & quad. bypass.)
Our attorney had another court appearance that day so couldn't go with us...first thing Judge said was "let the record show they appeared w/out benefit of an attorney" & it was very first sentence in our award letter...however the fee was with held anyway & it took over a year to recover that amount! Also failed to receive check for minor child; DH went to SS office with son's birth certificate. Not enough...they wanted more!! My DH asked "Do you want me to bring the kid in so you can SEE him in person?" No, records from his pediatrician, day care & on & on! Another six months before those checks came. It was a nightmare!
One pc. of advice...take copies of all of your records & give S. S. ONLY the copies. They tried to keep some of ours.
Sure hope your luck is better than ours!
Suzi


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RE: I finally have a disability hearing date!

Since no work place has a recliner, I don't think you have to put down how much time you could spend sitting if you had one. If you put down 2 hours, they might reason that since you get a break ever two hours, you will be just fine.


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RE: I finally have a disability hearing date!

Put down how long you can sit in a NORMAL office chair ... and how long you can stand, like at a counter, before you start feeling pain or numbness. That is to say ... sitting or standing without anything going numb, sending shooting pains anywhere, or falling off.

Don't exaggerate in either direction: if you say you can stand for 2 hours, thye might offer you a job that REQUIRES it before you can get a break ... and you have already said you could do it.


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RE: I finally have a disability hearing date!

My attorney insisted I take this form to my orthopedic doctor yesterday, which I did, and he wouldn't sign it, as he said osteoporosis is not a disability. I was almost positive he wouldn't sign it. I'm not trying to get disability based on severe osteoporosis, but on degenerative disc disease.

Next week I have an appt. with my neurologist to get this same form signed. My neurolgoist who diagnosed me with DDD in 1997 and has been treating me since then retired last month, so I'm hoping this new doctor will fill it out.

My attorney said without this form, we might as well not go to the hearing in September. Is this really true, that without these forms I don't stand a chance?


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RE: I finally have a disability hearing date!

Without the DDD form you do NOT stand a chance ... it's your word against their lawyers.
a full copy of your MEDICAL record ... if he won't sign a statement that you have osteoporosis (a diagnosis which does affect your choice of jobs) you can use the records to prove that you have it. You are entitled by law to get these copies.

Same with the DDD diagnosis: if they don't sign, get the records.


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RE: I finally have a disability hearing date!

My attorney already has the records. I was denied in August and this is for a hearing in September before the judge at the Federal Appeals Center in downtown Atlanta. I hate driving downtown as it makes me a nervous wreck, so DH is going with me. He said he wants to be a witness as to what I can and cannot do, so I hope he will get to say a few things.

My appt. is at 2:15 today and I'm so anxious about taking this form to be filled out. The clerk at his office said they normally fill them out, but she's not the doctor. I sure hope she is right. I am really concerned and worried because my dr. for the last 8 years retired last month and I'm seeing a new doctor. I'll post when I find out the good or bad news today.


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RE: I finally have a disability hearing date!

My neurologist filled out my form today and I was so glad. However, he did tell me that not many people get disability for back problems so don't be surprised if I get turned down at my appeal.


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RE: I finally have a disability hearing date!

I also have DDD or at least that's what they call it. I hurt my back in 1997, was off for 6 months and was basically forced back to work to survive. I've been in pain much of this time, just went back to work after being off the 3rd time for 6 months. They are recommending Lumbar Fusion but I'm not sure if I want surgery or not. Haven't met anyone that it helped and I also have osteoarthris in my back, hands, feet, and ankles. I'm being told the same thing about SS and Back Problems and I don't understand since DDD is so painful and disabling. I can't handle sitting or standing for more than 20 minutes at a time. As long as I can change positions I make it through the day but it gets rough sometimes and I'm in pain by the time I get home from work.


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