Work Attempts Before and After a Finding of Disability
Social Security has a stated goal of encouraging disabled claimants to return to work. However, as a practical matter, work attempts are treated very differently depending on where you are in the process. While you are waiting for your decision, work attempts can help your case (if these attempts are short and unsuccessful) or they can cause a judge to conclude that you are not disabled and do have the capacity for work.
After you are found disabled, my experience has been that Social Security is much more forgiving in terms of both the length of your work attempts and the type of work you may try.
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How to Win Your Back Pain Case in a Social Security Disability Hearing
Social Security judges see more back pain cases than any other impairment. Because of this, you need to do whatever you can to make your case stand out. If you come to your hearing with vague complaints that your lower back “hurts all the time,” that you “can’t lift very much” and that you “can’t sit very long” you are going to lose. Judges expect to see MRI or CT scan reports, support from a treating doctor, on-going treatment records, and specific testimony from you about what you can and cannot do.
In this video I discuss how I approach back pain cases and some specific steps you can take to improve your chances at winning.
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Episode 23 – What is Best Strategy for Claimant With Multiple Medical Problems
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I received the following email from a gentleman named Richard who graciously agreed to permit me to respond to his questions on this blog/podcast.
You have, what I believe to be be, the most informative, no BS, Attorney site I have seen in my 3 mo quest for information…enough of the “smoke up the….”….
I have MRI, X-ray, and medical records that show back problems. I have been seeing a liver specialist. for over a year due to liver disease (he has yet to find source), I have shingles pain flares, and migraine headaches. Depression dating back several years. I have SEVERE diarrhea, that leads to incontinence, and I take 9 diff. medications a day.
All this caused me to leave my career in law enforcement 2 years ago. To top it off, I attempted suicide 02/08…About 3 mos ago, I filed for SSD. My question is this….I have kept a “pain Journal” that I show my pain management doctor, for the last 6 mos. It shows how I feel on any given day, and what i can and can’t do, in my own
words. Some days are good, some days are horrible. Should I send that to DDS?–Richard
Podcast notes and resources:
1. Social Security listings – the fastest way to win a disability case is to show that your condition meets a listing.
2. Functional capacity argument – identify specific problems that impact your work capacity
3. Mental health vs. physical medical problems – which makes for a stronger case?
4. Pain journals – when are they useful?