SS Dissability--Or Not?

[DesertGuy]

I'm 60, hep c--cirrhosis--and unemployed for over a year. Last feb. I started the SS disability process. Now over a year later am at the appeal level, still waiting for an appeal hearing date. I have finished my treatment and awaiting my 4 week, and 12 week post treatment results. Don't know if I'm cured or not. I have a delima, I don't know what my chances for approval are if I go in front of a judge, My doc and I have not been exactly friends. I'm sick and don't feel I can work 100% , but really do not have many medicals records supporting this. Have not been in doctors offices much. What are my chances of approval? Has anyone else filed and been approved?

[lporterrn]

Your best bet is an attorney. They are usually more successful than when people apply on their own. I am 99.9% sure they don't charge. Here is a link to some good resources: http://www.hcvadvocate.org/hepatitis/living_w_hepatitis_C.asp#2

Also, keep in mind that clearing hep C doesn't necessarily mean your cirrhosis will improve. It may, but not always.

[Mike]

Hi Desertguy,

Approval for SSDI depends on several factors, including the mood of the judge.

The judge is going to look at several areas.

First is your residual functional capacities (RFC), which relate directly to the impact your disability has on your ability to perform competitive work. Every job has a physical demand level (PDL), which range from sedentary, light, medium, heavy and very heavy.

The judge needs to determine your RFC and how this relates to occupational PDL.

Once the judge determines your RFC, the parameters are set regarding your specific PDL level.

The next thing looked at is your work history and transferable skills.  The question that the judge must answer is: Can you return to employment within your past, relevant work history? If the answer is yes. Your claim is denied.

If it is no, then the next question is: Do you have transferable skills (skills learned or developed from previous work experience that can be used in another occupation) that could lead to entry-level employment in a new occupation? If the answer is yes, your claim will be denied.

The next question relates to educational development: Do you possess the educational development that would be useful in occupation, outside your past, relevant work history? If the answer is yes, your claim will be denied.

If the answer is no, the next question is: Are there any occupations available in the labor market that you can perform? If the answer is yes, your claim will be denied.

In addition, the structure of the hearing is deemed "non-adversarial", meaning there is not a prosecutor involved.

However, there will be a vocational expert present (VE), and the judge will ask hypothetical and direct questions of the VE. You or your attorney may also ask the VE questions.

The judge will likely ask the VE something like this: "Assuming this applicant is capable of work within the light PDL level, are there any jobs this person could perform? And if so, what are the occupational titles of these jobs?"

The VE will answer this question and provide a list of occupations you may be able to perform (Note: the VE is sent a copy of your application and all submitted medical documentation supporting the application prior to the hearing. This allows the VE time to research the claim, and answer specific vocational question that relate directly to you, your educational experience, your past relevant work history and how these relate to future employment within all PDL levels).

Age can also be an issue in awarding SSDI - especially if the individual is close to the minimum age he or she could collect regular SS retirement benefits.

Being a VE, I would encourage you to consult with an attorney prior to the hearing and discuss this process. I don't think I would represent myself in this type of hearing knowing an adverse ruling would be very difficult to appeal (get a second hearing).

Best wishes, Mike

[frost68]

I went through the whole process. It took me 2 years with an attorney and the support of my doctor. I dont see how you'll get an approval without a doctors statement. One very important point I'd like to make to you would be the fact that you only have to prove you would miss 3 or more days per month at the job you did. Say for example you were an Ironworker or other physacally demanding job , they can't force you to take a job as a cashier. If you miss 3 or more days a month due to your illness it makes you unemployable according to my information from the blue book in 2012.
 Its very important to have the support of a doctor in this endeavor. If the one you have won't support you drop him and go somewhere else right away, if you look you will find someone who will support you in this.

[Mike]

Hi Frost68,

When awarding SSDI, it has to be determined that the applicant can't perform any available occupation within the labor market that is based on the person's transferable skills.

In other words, yes, in fact, it could be determined that the applicant could return to work as a cashier, regardless of whether or not  the person was employed as an ironworker at the time of injury/disability on-set. This would be especially true if the ironworker (heavy work) had previous work experience as a cashier and could meet the physical demands of that occupation (which is classified as light v. heavy).

The VE provides this information to the SSA and answers the question: "Based on these work capacities and work history, including educational development, are there any jobs available in the labor market that this applicant could perform?"

In addition, the SSA cannot force anyone to take a job - that's not the purpose of the SDDI. The purpose of SSDI is to provide qualified applicants with income should he or she be determined to be permanently and totally disabled (PTD).

If an application is denied, the SSA isn't forcing the applicant to get a job; rather it is informing the applicant that they do not qualify for SSDI benefits as he or she is not PTD.

In addition, an SSDI claim is only as good as the medical that supports it. Doesn't matter who the attorney is - if the medical isn't there - 9 times out of 10, it will be denied.

Best wishes, Mike

[rgr]

Hello,

I went to the doctor in 2012 for a pain in my upper back and feet. That is when I discovered I had hep c. Doctor never found what the pain in back was from but thought it was arthritis. I had quit working a few months before because of the pain in my feet, which turns out to be neuropathy from the hep c. At this same time my knees started bothering me. It was arthritis in my knees.

I applied for SS and with in five months I was approved I did have to see a social security doctor. I had not seen a doctor in decades before this time. You need to list all your health ailments. Have them all checked out and keep all paper work.  If the doctor diagnoses you with anything be sure and list it on your app. I was 56 then 59 now. I had hep c, arthritis, neuropathy........Roger