SS Disability Hearing coming up, advice

[guineapig]

my hearing for social security disability is coming up at the end of february. any advice would be appreciated. my story:

current disabling situation: have slight to moderate headache about 23 hours a day, sometimes severe. this is due to a cerebrospinal fluid leak (we have our own forum). neck (disc hernias, spinal cord gliosis) and low back (torn disc, location of csf leak) discomfort. so basically chronic pain, anxiety, and the cognitive challenges created by each along w/ side effects of medication (narcotics), in addition to restriction against bending over and dr prescribed 5lb lifting limit (to prevent exacerbation csf leak), and discomfort if sit/stand too long. meds: neurontin 300mg 3x day, percocet 10mg most days, mirtazapine 45mg day, xanex .5mg 2x day, lidoderm patch 5% so many times a week/as needed.

ss disability attorney: binder and binder w/ a fee agreement of 25% back pay ss or max (is it $5K?).

accident 2/05 disabled. received state disability for 5 or 6 months. applied for ss disability 5/06, denied. reapplied and went straight to hearing status 1/07.


i understand that one should limit one's disability argument to the 3 most disabling factors; which for my case would be: chronic pain (headache), physical limitations (5 lb lifting limit; short duration sitting/standing); chronic anxiety. the pain and anxiety being the interfering factor for cognitive work; weight bearing limit and exacerbation of condition being the interfering factor for physical labor.

getting last of dr notes to the disability attorney, whom i have never spoken to (only a secretary). unfortunately i have only 2 doctors current: pain management (8 months) and chiropractor (years, well prior to accident). had to "fire" the neurologist only recently after seeing her for almost 2 years. otherwise the notes of about 30 odd doctors in the hands of attorney.

the "12 months" unlikely to get better question is answered by: medical treatment to date, almost 3 years, has failed to improve my health to a condition for which i can live a normal life let alone work. a genetic disorder (ehlers-danlos syndrom) is known to complicate healing in cerebrospinal fluid leaks.

i presume the ss judge will be biased against me cause i am both male and in my mid 30s.


thanks, guineapig

[peaches]

The law, as enacted by Congress, does give some weight to age as a factor of disability in determining whether or not a person can be retrained to do lighter, easier work so the ALJ does not have a 'bias' against you because you are young. Applying age as a factor can be required by law. An ALJ is supposed to follow the law and apply the age issue only when assessing whether or not there are any kinds of jobs that you could reasonably be expected to do. Not following the law would make a decision by an ALJ easily subject to 'own motion' review by the Appeals Council and a favorable decision could turn into an unfavorable. Removing age from the criteria would not make it easier for you to qualify, but it would make it harder for a 55 year old to qualify.

Not sure what criteria you are using to assume there is a gender bias.

Concentrate on how your limitations would affect your ability to do work related activities in an 8 hour work day in terms of pace and persistance. Could you keep up with the mental and physical demands of a sedentary job? Observe yourself. Specifically, what activities bring on pain? How much exertion (how many feet can you walk, how many minutes/hours can you be on your feet, how much weight can you lift, etc.) tires you out and how long does it take to recover. The phrase "can't sit too long" is way too nebulous.

[SuicideRisk]

Just be honest with the ALJ. Don't worry to much about your age. It does seem as if the younger you are the more difficult it can be to get approved. If you have the medical evidence to back yourself up and a little bit of luck you should do fine. (I say luck because you need to have the ALJ in a good mood atleast :p)

I filed in august of 2004, had my 2 denials and finally had an ALJ hearing on September 6th 2007. Got the notice of decision on January 25th 2008. Now I'm still waiting for my notice of award.

I'm 32 and got approved. Judge went all the way back to March 1st of 2004 as the onset date for me and at that time I was only 28.

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Lumbar degenerative disc disease and radiculopathy status post surgery for discectomy, decompression, and fusion, asthma, allergic rhinitis, and depression.