Disability Hearing Question?
I injured my back permanently at work 2005. I was told at that time I should not continue to work, however it took three years to settle with worker’s comp. so I did continue to work for approximately a year and a half until I was not able to work any more. I was let go from my job in March of 2007, and collected unemployment. I did not file for disability until October of 2008 after several of my doctor’s told me I should not continue to work. So I filed and was denied twice and then sent in for the hearing request. I now have a disability attorney and I have a hearing date for the 27th of this month (July). My attorney keeps telling me that I might get denied because I collected unemployment. However, the unemployment I received was for a part-time job, less than 20 hours a week, that I held prior to me filing for disability. I just picked up all the paper work from my primary doctor yesterday; in the paperwork my doctor states that I should not be working due to my back injury. Still my attorney thinks it will be hard to get approved due to that unemployment. Can anybody tell me if they know of a loop hole I could state that might help me? I truly am not able to work any more, and haven’t worked since 2007. I can barly walk let alone work. I am getting very nervous regarding the hearing. I think my chances are good especially with the doctors paper work; but would like to know exactly how to state my answer when he questions me regarding the unemployment. Any help would be greatly appreciated. Thank you.
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Just be honest and have as much documentation as possible and expect to be denied twice by SS before your last appeal which in my case has been 3 1/2 years, just pasted a year waiting with my last appeal and ive been deemed unemployable by the Dept of Veterans Affairs and they still wanna give me shyt, its like the denials are automatic testing your will to see it through. But I wish you luck and hope it doesn’t take you as long as it’s been taking me, freaking ridiculous. But thankfully I have my monthly VA check to see me through or I don’t know what I would have done. My main medical problem is also my back so you better pray, after my hearing the guy in the meeting that does a history of all your past jobs and then compares/looks for something related to any job in your past and if you qualify for anything its a automatic denial, I read the paper work after about a year after my hearing and was denied that time because I can still operate a calculator, their words.
There are no ”loop holes”, you are disabled under SSA rules, or
not. SSA uses a five step process to determine if you are
disabled… you can review those here
http://www.ssa.gov/dibplan/dqualify5.htm What work activities can I do if
I have a medical condition ? If you have a medical condition(s)
that affects your ability to work on a regular basis, but it is not
as severe as any impairment described in the Listing of
Impairments, we assess your “residual functional capacity” (RFC).
This means we will look at all of the evidence we have and
determine what you can still do, despite any limitations caused by
your impairment(s) and related symptoms, such as pain and fatigue.
When we assess your remaining ability to do basic work-related
activities, we look at how your medical condition(s) has affected
your ability to: Exert yourself physically for various work-related
activities (such as sitting, standing, walking, lifting, carrying,
pushing, pulling). Do manipulative and postural activities (such as
reaching, handling large objects, using your fingers, feeling,
stooping, balancing, climbing stairs or ladders, kneeling,
crouching, crawling). Tolerate certain environmental conditions
(such as temperature extremes, wetness, humidity, noise, hazardous
working conditions like moving machinery or heights, dust, fumes,
odors, gases, poor ventilation, vibrations). See, hear, and speak.
Maintain concentration and attention at work. Understand, remember
and carry out instructions. Respond appropriately to supervisors,
co-workers, and usual work situations. Cope with changes in the
work setting. Listen to your attorney…
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