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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:

1. In evaluating your case, Social Security is asking whether there is work out there that you could do, within Social Security's regulatory framework.  If you are successful in proving that you cannot work, you win; if the judge concludes that you can work, you lose.
    
2. Social Security cannot force you to take a job.  Similarly, Social Security will not find you a job - they are not an employment agency. 
    
3. Social Security will ask whether you have transferrable skills from past work.  If so, they will ask whether skills you may have obtained working could transfer to an easier job
    
4. Generally, I approach most cases with the mindset that I need to prove that my client would not be a reliable, dependable worker in any job setting.
    
5. You can read more at my Social Security disability blog about how Social Security classifies jobs based on exertional capacity and based on skill level.

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Here is a question I received by email from a lady named Brenda.  She raises a number of issues, Social Security, workers' compensation, bankruptcy, the timing of her Social Security application and even medical malpractice.   If Social Security disability was a law school class, this would be a final exam question:

I was injured in may of 2004, my workers comp case is still pending. My question is that I have applied for disablity but I have been denied 3 times. Not sure if I should apply now or wait until I settle my comp case. Please let me know if that is what I need to do, I have also talked to your staff but did not go any further due to this concern. Also I
had to file bankrupsty and it will be over in July , should I wait for that to be over before I file for disabilty. My injures are crushed ankle, back injury that cannot be operated on, and got staph when my comp doctor gave me a shot in my ankle, they mess around on who was at fault and in the meantime after my frist surgery I was not cared for enough due to the cliaming who was at fault.  THen the staph went into my bone had 2 have another surgery,
thanks for your time

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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.

If Mike refuses this treatment, or if any claimant refuses to undergo treatment recommended by a treating doctor, will Social Security consider that as non-compliance?  Will refusal to agree to treatment hurt one's case?  In the following video, I try to answer this question.

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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.

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What happens at your Social Security Disability hearing? What should you wear?  Who will be in the hearing room?  In this 10 minute video, Jonathan demystifies the Social Security disability hearing process.

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In this episode, I discuss the role of the vocational witness.  In many hearing offices, Social Security judges regularly call vocational witnesses to testify in hearings.  You need to understand who these witnesses are, why they are testifying at your hearing and their purpose for testifying.

The issue in any Social Security disability hearing has to do with your capacity to perform "substantial activity," which is Social Security terminology for work or work-like activity.  The judge's job is to evaluate the evidence and to evaluate your credibility as a witness.  However, the judge does not have any special training in job placement, the physical and mental requirements of various jobs or the number of jobs that exist in a local or regional economy.  Therefore, the judge will turn to the vocational witness to better understand the vocational impact of your medical condition.

Technorati Tags: vocational witness, adminstrative law judge, social security disability, dictionary of occupational titles

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If you allege depression, anxiety or any other mental  health problem, there is a good chance that your Social Security claims rep will send you out for a consultative evaluation by a psychologist on a panel maintained by your local Social Security office.  In this episode, I explain what to expect and I discuss why this type of consultative evaluation can be so important to your case.

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Show Notes:

1)  MY HUSBAND HAS SIGNED UP FOR SSI DISABILITY 7 MONTHS AGO. AND HAS NO HEARD FROM THEM HE DID CALL AND ASKED ABOUT WHAT WAS GOING ON, AND WAS TOLD THEY ARE STILL INVESTIAGTING CLAIM.WE ARE ABOUT TO BE KICKED TO THE STREET FOR NOT HAVING MONEY TO PAY RENT…… HOW CAN WE GET THIS MOVING FASTER?
–Maryann

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2)  f on SS Disability, can I have outside income without losing benefits?  I raise race horses and would like to run one of the babies. If this horse makes money do I loose benefits? Or if I sell one of the horses will that affect benefits.
–Darrell

3)   on 2/21 07 i had a hearing before a judge,m i have chronic fatigue syndrome, and depression…the judge said to me in the beginning of the hearing that i dont appear honest, and im not convincing, how will that affect my changes.
–Gee

Technorati Tags: Social Security delays, earning money while on SSDI, Social Security judge, hearing testimony

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Show Notes:

1) dear Jonathan, i was finally able to go before the ALJ yesterday, my lawyer was 25 mins late and had no clue about the case ,we did not get together to discuss my case anytime before hand, needless to say i was trying to get across that i was having problems concentrating, what is this lawyers problem?, i was advised of nothing..i am late deafend hearing loss, have balance problems ,dizziness, and lack of concentration, i was ranting and raving like a fool, in there, trying to explain this concetration problem. Is there any hope of getting a favorable judgement. my dr still needs to do more test on me. i am also being treated for depression should i just forget about it , i cannot work. There wes one job that was there for me and nothing more. do i just need to forget about it?
–Denise

2) dear jonathan–i have a question about my hearing. The vocational ex. testified that with the judges prsumptions, no work available. how often does that result in an unfavorable decision and why? Thank you, and bless you for helping us on this site!
–Jill

Technorati Tags: Social Security disability hearing, vocational witness, hypothetical question, unfavorable decision, Social Security disability claim

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Show Notes:

1) I have a lawyer and I'm waiting for my ALJ hearing ( 1 1/2 to 2 years, I was told at the SS office) Due to financial issues, I was unable to continue treatment with the doctor that first diagnosed me with lupus, firbomyalgia and MCTD, and I now go to a charity clinic. My lawyer says that the date of onset of my disease, which my original doctor diagnosed, does not matter, but the illness coupled with the date I stopped working does. I am working now, going from part time to half time within 6 months, because of the pain my condition causes, even though it is a sedentary job. Is my lawyer correct, that it doesn't matter when I was diagnosed?

Also, he says that working part time will not affect my disability case unless I make more than 800 dollars a month. I live in Indiana.

2) I have been denied disability because my wife has a retirement fund from her state retirement. Does her money count when I am disabled and unable to work?

Technorati Tags: part time work and Social Security Disability, onset date, alleged onset date, ssi offset