According to the Crohn’s & Colitis Foundation, ulcerative colitis is a chronic disease of the large intestine, also known as the colon, in which the lining of the colon becomes inflamed and develops tiny open sores, or ulcers, that produce pus and mucous. The Mayo Clinic lists diarrhea, abdominal pain and cramping, weight loss, fatigue and urgency to defecate as symptoms.
Many occupations cannot be accommodated for instantaneous and at will bathroom access, which is what ulcerative colitis frequently requires. That is one basis for a finding of disability. Another was discussed in my previous posting – absenteeism.
I represent a 57 year old medical technician with ulcerative colitis, whose disability benefits were approved yesterday. The claimant was found to be able to perform sedentary work. However, because it was also found that the claimant would miss two days of work a month, the claimant was found disabled.
Friday, November 23, 2018
Wednesday, November 14, 2018
How Absenteeism Affects Disability
There are two parts to disability benefit cases - the vocational issues and the medical issues – with the former frequently being overlooked. The task of the person deciding if a claimant is disabled is to ascertain the claimant’s physical and mental restrictions and limitations (R&Ls), and then to compare them with the relevant occupational demands.
Regardless of whether the claim is being considered by an insurance company, governmental agency, or some other entity, it is usually the claimant’s responsibility to provide the reviewer with support for the claim, which should include R&Ls from the treating sources. The R&Ls should include opinions regarding both exertional and nonexertional abilities, which can be determinative sometimes.
I represent a 44 year old former hospital admissions clerk with mental impairments, whose Social Security Disability (“SSD”) benefits were approved today. The treating psychiatrist provided supporting narrative reports, progress notes, and impairment assessments. Ultimately, the ALJ rested his decision approving the SSD application on the psychiatrist’s opinion that the claimant’s medical condition would cause him to miss work at least three days a month. It is generally accepted that an employee cannot miss three days of work a month, and still maintain employment, which the vocational expert at the hearing confirmed.
When pursuing a claim for any type of disability benefits, it is important to have the treating sources opine about any R&L that could potentially adversely impact the claimant’s ability to work.
Regardless of whether the claim is being considered by an insurance company, governmental agency, or some other entity, it is usually the claimant’s responsibility to provide the reviewer with support for the claim, which should include R&Ls from the treating sources. The R&Ls should include opinions regarding both exertional and nonexertional abilities, which can be determinative sometimes.
I represent a 44 year old former hospital admissions clerk with mental impairments, whose Social Security Disability (“SSD”) benefits were approved today. The treating psychiatrist provided supporting narrative reports, progress notes, and impairment assessments. Ultimately, the ALJ rested his decision approving the SSD application on the psychiatrist’s opinion that the claimant’s medical condition would cause him to miss work at least three days a month. It is generally accepted that an employee cannot miss three days of work a month, and still maintain employment, which the vocational expert at the hearing confirmed.
When pursuing a claim for any type of disability benefits, it is important to have the treating sources opine about any R&L that could potentially adversely impact the claimant’s ability to work.
Monday, November 5, 2018
Do You Need A Lawyer To Get SSD?
The answer to the question is….maybe. The medical and vocational facts are different in every case so there is no definitive answer. I have heard countless times that representatives at the district Social Security offices discourage claimants from using attorneys, even though the Social Security Administration’s (“SSA”) statistics always show that claimants who are represented by attorneys have higher approval rates.
I represent a 48 year old former cable television technician, which was strenuous work, with severe neck and back problems. She retained us after her SSD application was denied. After reviewing her file, we secured a great deal of medical records and disability reports from her pain management specialist, chiropractor, internist, and neurosurgeon. It was obvious at the hearing that the judge would find that the claimant was entitled to SSD benefits.
Did the claimant have to have an attorney? No. Did it help the claimant to have an attorney at the hearing? Obviously. Would the judge have approved the claimant’s SSD benefits without a benefit? Possibly, but the SSA’s statistics say her chances of winning were better with an attorney. Would the claimant’s SSD application have been approved initially had an attorney represented her? Possibly. There certainly is nothing to lose by consulting with disability attorney before filing an SSD application.
I represent a 48 year old former cable television technician, which was strenuous work, with severe neck and back problems. She retained us after her SSD application was denied. After reviewing her file, we secured a great deal of medical records and disability reports from her pain management specialist, chiropractor, internist, and neurosurgeon. It was obvious at the hearing that the judge would find that the claimant was entitled to SSD benefits.
Did the claimant have to have an attorney? No. Did it help the claimant to have an attorney at the hearing? Obviously. Would the judge have approved the claimant’s SSD benefits without a benefit? Possibly, but the SSA’s statistics say her chances of winning were better with an attorney. Would the claimant’s SSD application have been approved initially had an attorney represented her? Possibly. There certainly is nothing to lose by consulting with disability attorney before filing an SSD application.
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