SSDI APPLICATION
Cuz
out there has answers, I would greatly appreciate it.
I have just applied for SSDI. I don't know anything about it, as I'm sure
you here all the time. I am a 61 year old Female and I have worked all of
my life from age 23. I began to develop Peripheral Neuropathy back in 2004.
Now it is full blown and very hard to control the pain to a bearable point.
I suffer very severe pain 24 hours a day and when I walk, even from one room
to the other, the pain becomes almost unbearable. As a result of the pain
and numbness I am quite unsteady and need to use a cane when I do have to
walk. I have been going to the same Neurologist since 2005 and she has, and
continues to try many different kinds of medication and combinations of
medications which have not worked.
My question is, does the SSDI Board know about Neuropathy and the problems
that occur when you have? I await any and all responses.
Thank You,
PJV
Jack
When you filed your application, you also filed form SSA-3368 that
lists the names and addresses of your treating physicians, and form
SSA-827 which gives SSA permission to contact those physicians.
Yes, the disability examiner / physician team who makes the decision
knows about neuropathy, its sequelae, and its work-related
limitations. The primary issue to be resolved is the level of
severity of your specific neuropathy. This information will be
sent-in by your MDs.
Blaaaaah
that the pain itself is not a disability.
"Jack" <Wind...@home.home> wrote in message
news:4a4e3cf2...@nntp.aioe.org...
Jack
wrote:
>The hard one to wrap your brain around ,and correct me if I am wrong, is
>that the pain itself is not a disability.
Yes.
Disability cannot be established by pain alone. That being said, SSA
cannot ignore pain, or any subjective symptom
___________
http://ftp.ssa.gov/OP_Home/cfr20/404/404-1529.htm
�404.1529 How we evaluate symptoms, including pain.
(...)
We will consider all of your statements about your symptoms, such as
pain, and any description you, your treating source or nontreating
source, or other persons may provide about how the symptoms affect
your activities of daily living and your ability to work. However,
statements about your pain or other symptoms will not alone establish
that you are disabled; there must be medical signs and laboratory
findings which show that you have a medical impairment(s) which could
reasonably be expected to produce the pain or other symptoms alleged
and which, when considered with all of the other evidence (including
statements about the intensity and persistence of your pain or other
symptoms which may reasonably be accepted as consistent with the
medical signs and laboratory findings), would lead to a conclusion
that you are disabled.
(...)
Relayer
I have it. It's quite painful. Usually caused by Diabetes so you need
to check that out too
Puddin' Man
This is the official line, and only part of the story.
Pain is largely subjective. ALJ's have tremendous leeway in
recognizing pain as a disabling factor. An applicants pain testimony
can be arbitrarily found to be "not credible" by an ALJ.
Some "pain" cases are allowed, some are not.
P
"Law Without Equity Is No Law At All. It Is A Form Of Jungle Rule."
Jack
DDSs have the same "leeway." And until medical technology invents
some sort of device that you place on your head and which can
objectively and accurately measure the degree to which you as an
individual feel that pain, this area will always remain subjective and
judgmental. You can take two people with the exact same MRI and
clinical findings, but one will be in constant pain while the other
feels the pain only intermittently and less intense.
Having said all that, the DDSs and ALJs are supposed to consider and
address all the factors in 404.1529, e.g.,
(i) Your daily activities;
(ii) The location, duration, frequency, and intensity of your pain or
other symptoms;
(iii) Precipitating and aggravating factors;
(iv) The type, dosage, effectiveness, and side effects of any
medication you take or have taken to alleviate your pain or other
symptoms;
(v) Treatment, other than medication, you receive or have received for
relief of your pain or other symptoms;
(vi) Any measures you use or have used to relieve your pain or other
symptoms (e.g., lying flat on your back, standing for 15 to 20 minutes
every hour, sleeping on a board, etc.); and
etc.
_______
They will find a person "not credible" where the subjective complaints
of pain are, in their "leeway" judgment, excessive relative to the
objective medical findings. When all is said and done, evaluation of
pain often becomes an educated guess.
William Munny
Any suggestion in the record or at a hearing of behaviors like symptom
exaggeration, symptom promotion, even a whiff of malingering, non-compliance
with treatment, a psychology of entitlement, etc., will also materially
contribute to the ALJ's discounting the negative impact of pain (and most of
your other symptoms/complaints as well)....
Jack
Objective medical evidence of a disabling condition overcomes symptom
exaggeration.
Failure to follow prescribed treatment is a separate issue and is
adjudicated, or should be adjudicated, in accordance with reg.
404.1530 rather than a "credibility" issue.
http://ftp.ssa.gov/OP_Home/cfr20/404/404-1530.htm
�404.1530 Need to follow prescribed treatment.
Puddin' Man
It's entirely possible that Jack honestly followed all these guidelines
when practising on the bench.
The burden of proof is on the applicant to provide "acceptable" evidence
of disability. Because of the subjective nature of pain and pains effects,
this *can* and often does mean that the benefit of the doubt
always goes to the alleged adjudicator.
'Tis my personal experience that, when all is said and done, evaluation of
pain by DDS's and ALJ's is very, very much subject to bias.
And I have nothing more to say on the subject.
M.B
PJV
I had 12 back surgeries and the DDS people tried at my hearing to imply that there were jobs that I could do. The judge asked me if I could endure a day without pain meds, my response was I have to lay down up to two hours or more even with pain meds. Employers will not hire anyone on pain meds and if your illness requires bed rest for periods of time no employer will be required to accommodate that. I applied six times for SSDI it wasn't until I hired a lawyer that I got it. He was one of those who did not get paid unless I won the payment was made to him by SS. I hope you doing all right, I live in constant pain I was crushed by a pallet full of frozen meat 25 years ago.
MB
M.B
I have Diabetes also but not that yet, I just got checked about a month ago, I was having pain in my legs. I have a friend that I check in on and he has it boy it moved in on him swiftly.
MB