your job vs. "a job"

[IceStein]

I think I understand this but I wanted to make sure I was clear.

SS defines permanent disability if you're unable to "a job". They're indifferent to your ability to your job; correct?

I'm a diagnostic medical physicist; who until last year was very successful. However, because of progression; I was unable to continue my job. (rapid deterioration in legs causing me to constantly lose balance even when using a scooter)

I can't walk anymore but my mind still works pretty well so I can sit my big butt in a chair and be a code monkey all day.

I'm relatively young(36) so based on what I keep seeing I'm going to get declined although I have to use a power chair & hand controls (car) at this point.

My question, "SS only cares that you can do "a job"; irregardless of whether it's something you're overqualified or not qualified to do; is that correct?" Am I interpreting this correctly?

[lstrl]

Most people get denied initially, and it seems like younger people don't stand a chance. From my understanding, you are pretty much guaranteed to have to get a hearing with an ALJ in order to win your case when you're young.

Yes, they will deny you if they can prove that you can do a job you're overqualified for. I just went through this in my ALJ hearing. After looking at my limitations, the vocational expert mentioned jobs that I can still do. I'm a nurse and one of the jobs she said I could do was an admitting clerk or whatever the title is. Then it was up to my lawyer to refute that and I'm still hoping the judge sided with me.

Sadly, having an education hurts you even more because they think that means you'd be able to adapt better to learning a new job. If you have good records and you can get a lawyer to prove why you can't work full time anymore, then you stand a chance at winning your case. Be prepared though, it'll take a long time.

[pennstater]

They are supposed to consider your education and training, but in my initial denial, they didn't. They agreed that I couldn't do my job, but told me I could be a movie ticket taker. I have 28 years experience in business systems analysis and project management. So awaiting ALJ appeal date.

[MSW1963]

I had neuro cognitive evaluation based on sx, extreme fatigue, and a long history of un-dx'ed MS sx's. Although at that time mobility were not primary sx's.

My +20yrs with a consistant professional work history was a favorable consideration, in addition medical records supporting disability, resulting in a quick SSDI approval. I had an attorney. My state conducted fair SSDI application evaluation, meaning not being automatically declined during first application with supporting medical proof of disability from MS neuro and strong work history.

If my MS neuro applied for SSDI I don't think he would be expected to accept 'any job', such as a door greeter at a big box store, based on his education and work history, versus an inconsistant work history in low/minimum wage employment history. My opinion only = MOO.

Rich should be along soon to give an opinion based on SSDI legal regulations, etc.

[Rich Feingold]

Overqualified for a job

Hello, IceStein and everyone. Yep, Rich is here, finally.

SSA has a 5 step sequential evaluation process for determining disability. Here's the DIB regulation on this: http://www.ssa.gov/OP_Home/cfr20/404/404-1520.htm.

Remember, whether you can perform your "past relevant work" comes in at Step 4.

Step 3 is whether or not your impairment(s) meets, or equals in severity, one of SSA's listed impairments. The MS Listing is 11.09. If you don't meet/equal the listing, you have to prove that you cannot perform your past relevant work (Step 4) and then the burden shifts to SSA at Step 5 to identify other occupations that you can perform considering your age, education, past work experience and transferable skills and residual functional capacity.

So at Step 5, if there is other work you can do given the above factors, even if you may be "overqualified" for the occupation, this could be a basis for a denial.

By the way, here's the MS Listing at 11.09:

11.09 Multiple sclerosis. With:
A. Disorganization of motor function as described in 11.04B; or
B. Visual or mental impairment as described under the criteria in 2.02, 2.03, 2.04, or 12.02; or
C. Significant, reproducible fatigue of motor function with substantial muscle weakness on repetitive activity, demonstrated on physical examination, resulting from neurological dysfunction in areas of the central nervous system known to be pathologically involved by the multiple sclerosis process.

11.04B says: B. Significant and persistent disorganization of motor function in two extremities, resulting in sustained disturbance of gross and dexterous movements, or gait and station (see 11.00C).

11.00C says: C. Persistent disorganization of motor function in the form of paresis or paralysis, tremor or other involuntary movements, ataxia and sensory disturbances (any or all of which may be due to cerebral, cerebellar, brain stem, spinal cord, or peripheral nerve dysfunction) which occur singly or in various combinations, frequently provides the sole or partial basis for decision in cases of neurological impairment. The assessment of impairment depends on the degree of interference with locomotion and/or interference with the use of fingers, hands, and arms.

Inability to ambulate based upon the medical evidence and clinical findings certainly seems to meet this listing.

Rich

[IceStein]

Follow-up

I just wanted to thank everyone for their responses.

I actually got my approval letter today....

(notice no exclamation points or smily faces)

This is a good temporary fix but I'm going to investigate more about the "Back to Work" program and see if I can do some job re-training to do something else

[Rich Feingold]

Back to work?

Good idea, IceStein. That certainly is what SSA wants to hear. The challenge is that it can be so difficult for people to get on disability benefits, though they really need it, that they are afraid of working for fear that they may lose their benefits and have difficulty getting back on the benefits should they need to.

Yes, check out the return to work rules on SSA's website. There is some important, useful information there.

Rich

[MSW1963]

IceStein, it's not necessarily cause for celebration, but it sure beats getting that 'other' letter.

Loss of a profession/working life is a huge burden to bare for most of people, financial insecurity, physically and emotionally. I'm still mourning the loss, even after more than 12yrs. I enjoyed my work and it was my 'go to' for coping with typical ups and downs in my personal life.

My disability was based on cognitive deficits, my mobility remained fairly intact until the past couple of years. It seems we're at opposite ends of SSDI scale I guess.

I tried one of the SSDI return to work programs about +5yrs ago. I found it to be very poorly administered, a waste of time and what little energy I had. I couldn't complete the program, found myself on the 'list' to be re-evaluated for SSDI eligibility, the first time ever.

Local Vocational Rehab programs might be better administered. The problem I found with my local office was that when I registered in my state, I was told there were about 3,000 participants on a waiting list.

I hope your experience is much better if you use one of SSDI sponsored Return to Work programs. If I were going to attempt return to the workforce, I'd avoid the Ticket to Work program.

Best of luck to you.

[Mamabug]

Congratulations, IceStein.

[Rich Feingold]

Congratulations?

Thank you everyone for your comments, everyone.

When I walk out of a hearing that I know I've won, I tell my client something like, "Congratulations, to the extent that I can congratulate you for being found disabled. I know that you would much rather feel better and be healthy."

Remember, these disability benefits only replace a portion of one's former wages. I believe I read an estimate that Disability Insurance replaces only about 50-55% or so of one's former wages.

Rich

[Memphis Slim]

Working while applying for SSDI

If I am reading this correctly, if I have a full time job now I am off the list. Even though working this job is necessary or I become homeless and the stress is putting me at considerable risk of catastrophic health events, like a heart attack???

sounds like Catch 22

[Mamabug]

Yes; always wonder how much "Congratulations" really applies. I was fortunate that my SSDI benefits do replace the part time income that i was earning, prior to leaving the workforce, so I have not taken a pay cut.

I was also fortunate to be approved within 3 months, with no denial and no attorney. However, even that accomplishment came with some emotions related to me possibly being more disabled than I had thought I was, since approval came so quickly. Perhaps I was simply thorough in my application.

[TaoWarrior]

If I am reading this correctly, if I have a full time job now I am off the list. Even though working this job is necessary or I become homeless and the stress is putting me at considerable risk of catastrophic health events, like a heart attack???

sounds like Catch 22

Yes you are correct. It is a catch 22. Thankfully my wife works so we at least have some income but she makes less than 1/4 of my previous income. I was lucky enough to have savings and by cutting back on everything plus her income we have held on but I am not sure how much longer. It is a travesty what you have to go through to get assistance. I planed for a year wait and now I am told it could be another 8-10 months before I get my hearing. I am not sure what to do at this point myself. I have an EDSS of 5.5 (that was almost a year ago probably higher now) and yet it's denial, denial wait 18 months for a hearing and pray that is not another denial. Good luck