Social Security recognizes that individuals who are 50 years old or older, and who have a limited education and limited work skills will have a more difficult time entering into the workforce. The "grid rules" (officially called the medical-vocational guidelines) provide a structure whereby judges can find a claimant disabled even if that claimant can still do certain kinds of work.
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I have a good friend who works as a sales trainer. He teaches his students that "attitude is everything." In a sales context, if you exude confidence and believeability, you have much better chance at making a sale. Conversely, if you give off a "vibe" of defeatism and lack of confidence, your customers will sense your desperation and you will not be successful in sales.
More on Attitude is Everything – Are You a "Reluctant Claimant?"
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Show Notes:
1. understand the main issue in your case – reduce it to one or two sentences
Example: In 2004 I was diagnosed with multiple sclerosis. I continued to work until August of 2006 when I finally resigned because the symptoms and complications of my disease increased to the point where I could no longer get through a workday or a work week. Specifically, by August of 2006 I was no longer able to walk without a walker, my fatigue had increased to the point where I needed to lie down for 2 hours during the middle of the day.
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I have previously related my opinion that part time work can hurt your chances at getting approved for disability benefits. A couple of recent cases confirms my reservations. In one case, I represented a woman with a long standing diagnosis of fibromyalgia. Her medical record was extremely comprehensive, and included reports from numerous doctors attesting to the myofascial pain and debilitating fatigue that is typical of this chronic pain condition. I had functional capacity forms from 2 of her treating doctors that strongly supported my contention that she did not have the capacity for competitive work at any level. In my opinion, this claimant was as deserving as any fibromyalgia patient that I have ever represented, yet the judge denied the claim because my client had published a web site about her ordeal, and used the web site to as a forum to support her fellow fibromyalgia patients.
More on Episode 27 – Why Does Social Security Have a Problem with Part Time Work?
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This is the second half of my interview with Colorado Springs, Colorado Social Security disability attorney Tomasz Stasiuk. Today, Tomasz and I are focusing on the mistakes that we sometimes see and suggestions about how to best prepare for your disability hearing.
More on Episode 25 – Part Two of Jonathan's Interview With Attorney Tomasz Stasiuk
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This is part one of my interview with Colorado Springs, Colorado attorney Tomasz Stasiuk. Like me, Tomasz publishes a Social Security disability blog along with his firm website, and Tomasz encourages dialog with readers of his Internet publication. Social Security disability is different from other areas of law in that claimant's lawyers like Tomasz or myself cannot observe our colleagues when they try cases. This is done to protect the privacy of the claimants but I think it makes it more difficult for disability lawyers to improve our craft. Conversations like this one – between colleagues facing similar issues can help bridge this gap. I hope you enjoy part one of my conversation with Tomasz Stasiuk.
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Here is a question I received from a woman named Phyllis who sent me the following email:
IF YOU HAVE WORKED AS A PROFESSIONAL NURSE FOR PAST 25 YEARS AND CAN NO LONGER DO THE JOB AS A NURSE DUE TO DISABILITY, CAN SOCIAL SECURITY REQUIRE YOU TO WORK AS A NON-PROFESSIONAL WITH ALOT LESS PAY DOING SOMETHING TOTALLY DIFFERENT THAN WHAT YOUR WERE TRAINED TO DO ? IF THE ANSWER IS YES, DO THEY ASSIST YOU IN FINDING ADEQUATE EMPLOYMENT IN YOUR COMMUNITY WHERE YOU LIVE.
In the podcast, I make note of the following:
More on Episode 22: Can Social Security Force Me to Take a Less Demanding Job?
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A gentleman named Mike writes in with a question about recommended medical treatment. Mike has been diagnosed with severe depression and he reports that the psychotropic medications prescribed to him have not worked well. His treating psychiatrist is now recommending electroconvulsive shock treatment (ECT), but Mike does not want to undergo this treatment because of possible side effects and risks.
More on Episode 20 – Refusal to Agree to Recommended Medical Treatment
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Episode Notes: Link to grid rules
I have always believed that work history helps establish credibility. Yesterday our judge said as much and approved a case with consistent, but not overwhelming medical records.
More on Episode 19 – The Importance of Past Work, and Hearing Records on CD
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Jonathan Ginsberg
