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"I believe the rule is...EXPECTED to last 12 months or result in death." Yes. Once again, a bunch of people spouting nonsense who don't know what they're talking about.
Here's the definition of disability:
"That is expected to result in death, or
That has lasted or is expected to last for a continuous period of at least 12 months.
Rather than saying what you "believe" and belittling others to reinforce your position, let us quote from the .gov website:
"To receive disability benefits, a person must meet the definition of disability under the Social Security Act (Act). A person is disabled under the Act if he or she can't work due to a severe medical condition that has lasted, or is expected to last, at least one year..."
OP wanted to know why she was denied. She said that her evaluation determined that she could STILL work. That eliminates the "expected to last one year" criteria. So the ONLY other criteria available to her (excluding death!) would have been the "has lasted for one year" criteria. Therefore, since OP had not listed the final date she last worked, my reply at that point in the sequence could only suggest the cause of denial as not enough time had elapsed. In a subsequent post, she noted that it has been only 6 months since she last worked, so my guess that not enough time has passed is probably correct (allowing, of course, for the irrational ways of governmental agencies in general). In fact, unless OP can obtain a doctors report which supports the future disability, waiting out the one year will likely be the ONLY criteria she meets to obtain SSD.
I am sorry if my post made you feel belittled Nightlysparrow. That was not my intention at all. I was merely stating my BELIEF (assumed understanding) of what the rules were as I am not a professional in the field and can only go by what I read.
SSA: We have determined that your condition is not severe enough to keep you from working. We considered the medical and other information, your age, education, training, and work experience in determining how your condition affects your ability to work.
You said you were unable to work because of: Neck/Shoulder/Back/Elbow injury.
Though you do have discomfort, the evidence shows you are still able to move about and to use your arms, hands and legs in a satisfactory manner.
The evidence shows no significant muscle weakness or loss of control due to nerve damage.
Your condition results in some limitations in your ability to perform work related activities. However, these limitations do not prevent you from performing work you have done in the past as a/an Office Technician, as normally performed in the national economy. We have determined that your condition is not severe enough to keep you from working.
I have a copy of the IME report. When I called about the 2 hr thing and the contradictory statements in the report I was told that neither myself or my Dr. could contact the doctor that wrote it. I was also told that being able to stand or sit for 2 hrs meant 2 hrs out of an 8 hour day.
First statement under FUNCTIONAL ASSESSMENT: The claimant can stand and walk up to two hours because of the easy fatigability, severity of pain, lumbar DDD with radiculopathy and failed cervical fusion with recurrent DDD with cervicalgia.
I will be getting an attorney based on this report
Each statement says "CAN" then goes on to describe reasons I "CAN'T.
I am sorry if my post made you feel belittled Nightlysparrow.
It was NOT your post that I was referring to! It was a post by "John7777".
Have a family member who works in Work Comp and formerly did evals for Social Security so I asked him, which you could not have known, and which I should have stated. Sorry about that!
Any discrepancies in the wording of reports can work in your favor, so be sure to point them out to your attorney. Tip: keep a copy for yourself of anything you turn over to your attorney. You would be surprised at how much paper they can lose!
Last edited by nightlysparrow; 01-29-2016 at 07:45 PM..
Got second denial today for same reasons. But, they neglected to mention the doctor reports I gave them, that they requested (which shows all my medical issues and says can only do light house work...on meds), and only used a QME report they got on the 5th. I am meeting with my WC lawyer this coming week to prepare a request for clarification. He said I could do usual job but restricted from heavy work and heavy lifting (this was noted under my neck and he hasn't read the MRI yet. This statement also came from his report 'copy paste' a year ago). We are going to make sure he has current copies so he can make an informed recommendation. As for lumber he only stated that it was not PS (MMI) and did not get to read the MRI. SCIF neglected to send a copy and we are going to make sure he gets it and addresses it in his sup. report.
Their doctor report was a farce. The listed 20 test but only did 2 of them. It also said I had high blood pressure and they had told me and to follow up with my doc. No one told me anything. I am looking for a lawyer on Monday...if i don't find one I will ask my WC lawyer if he knows a good one.
Got second denial today for same reasons. But, they neglected to mention the doctor reports I gave them, that they requested (which shows all my medical issues and says can only do light house work...on meds), and only used a QME report they got on the 5th. I am meeting with my WC lawyer this coming week to prepare a request for clarification. He said I could do usual job but restricted from heavy work and heavy lifting (this was noted under my neck and he hasn't read the MRI yet. This statement also came from his report 'copy paste' a year ago). We are going to make sure he has current copies so he can make an informed recommendation. As for lumber he only stated that it was not PS (MMI) and did not get to read the MRI. SCIF neglected to send a copy and we are going to make sure he gets it and addresses it in his sup. report.
Their doctor report was a farce. The listed 20 test but only did 2 of them. It also said I had high blood pressure and they had told me and to follow up with my doc. No one told me anything. I am looking for a lawyer on Monday...if i don't find one I will ask my WC lawyer if he knows a good one.
The doctor reports are almost always a farce. The docs are given about 20 minutes to conduct a full eval and they get paid crap. If your WC lawyer does not know someone who has experience practicing Social Security disability law, then contact NOSSCR for a recommendation. https://nosscr.org/
If Soc Sec did not yet receive your WC examination reports - the ALJ will. This, probably more than anything, is why you need to hire an attorney.
According to the denial letter, SSA found you are capable of performing past relevant work as it is performed in the national economy. This means that your claim made it to Step 4 (out of 5). That is, SSA agreed that you had severe impairments that are expected to last at least one year. However, the finding that you can perform your past relevant work precluded your claim from progressing to Step 5. The info at this link my help you understand this process a little better. See page 7. https://www.socialsecurity.gov/oidap...Evaluation.pdf
Unfortunately, you will now have to request a hearing before an Administrative Law Judge and it may take a year or more to have your hearing scheduled. Ugh.
Thanks for all the info. I have a packet together with all the reports they have been given along with everything they have sent me. Also have a copy of their doctors report. I am hoping the lawyer can contact this doctor and get this cleared up. SSDI told me I wasn't allowed, even though the doctor states (in report) if there were any questions to please call.
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