In this video I discuss how I approach back pain cases and some specific steps you can take to improve your chances at winning.

In my disability practice I regularly get calls and emails from potential clients who have not yet filed an application for benefits.   Is there anything that a disability lawyer can do for you when you first apply?  Is there any reason to wait to apply?  In this episode I try to answer these questions.

Here is the email that prompted me to address this topic:

Dear Jonathan:  I have been putting off filing a disability claim because I keep thinking that I will be able to go back to work.  I am a 48 year old woman, my career is as an executive assistant.  I have not been able to hold a full-time job since 2002.  I have been living with anxiety and panic disorder, in varying degrees,  for most of my life, in addition to depression.  I would like to file a strong initial claim and hope that I am not denied.   I have been researching for a lawyer to represent me.  I don't want to work with a large firm.  Your website has been the most informative that I have found.   Are you able to help me file the initial claim?

I received the following condition from a young lady named Sarah, who is living with a blood disorder called Diamond Blackfan Anemia.  This condition requires blood transfusions about every three weeks and results in good days and bad days over the course of a month.

She writes:  I have Diamond Blackfan Anemia, which is a bone marrow failure condition that requires chronic blood transfusions as my blood levels continue to drop each day.  Additionally I am on many medications for other complications from this condition.  I am 30 years old and have always worked, but it is now getting to the point where I can no longer do so.  My doctors have recommended I apply for SSDI and not work anymore.  My boss has cut my hours and I begin the process soon.

I am concerned about the kinds of questions I will be asked: "How far can you walk?" "How long can you sit?", etc.  The truth is, right after I have a transfusion, it's not a problem at all.  I am even able to exercise during those days.  But I get transfusions every three weeks.  In the 10 days or so before a blood transfusion, I can't do much of anything.  I miss work frequently due to fatigue.  The transfusions themselves take a day or two to recover.  My question is, how do I answer these questions without hurting my chances of getting on disability?

I think that this question is relevant to any number of conditions that produced "good days" and "bad days."  I think that the best strategy is to discuss the limitations that arise from your condition as they would affect your performance of work functions over the course of a month.   For example, in this case, Sarah might say "my condition requires me to obtain a blood transfusion approximately every 3 weeks.  Immediately after the transfusion I feel fairly good and I have sufficient energy to perform my job duties.  But by the end of the 2nd week after my transfusion, my energy level drops dramatically, I become extremely fatigued and I have a difficult time concentrating or getting through a workday without taking numerous unscheduled breaks.

In this particular case, Sarah should also reference Listing 7.02, which provides that a person who requires a blood transfusion once every 2 months or more often would qualify for disability on the medical record alone.

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?