Pain and Disability - Disabilities Message Board

mrkwass · 07-09-2007, 07:45 AM

I have a question for any of you on disability. Is pain alone a determining factor in classifying someone as disabled? I had a doctor tell me that pain alone is not a reason for someone to be classified as disabled. I returned to work after a double fusion (L5-L4), on March 17, 2007. I am in tremendous pain from sitting all day and I am not sure that I can take much more!

Also, I am in California and wonder if it wise to hire a disability attorney or file without one? I am a mid-level manager and my salary is pretty high. Do you think I should hire an attorney if I decide to file a disability claim or do it without one?

Thank you!

Moldova · 07-09-2007, 10:10 AM

I got news for you: yes, you will need to hire a disability lawyer.

Here is how in my state, according to my Doctor and SSD office:
When i asked my Doctor if i can go back to work he suggested to wait and see how will i recover. He has experience with his patients when they go back to work and than realise they can't work due to pain and a lot of problems - than it is very hard to go back on disability, especially if this more than 60-90 days since you went back to work.(depends on a state rules).

Usually it can cost here about $5,000-8,000 to pay a lawyer to work on your case and he never promisses that case can be win. Also your Doctor can determine your problems and help with your case.

I don't believe that your Doctor is right about pain is not a reason for you to get disability. Besides that pain is usualy an indicator that something is wrong, you had fusion surgery and a lot of people have problems after this for the rest of their life. I personaly was told by Doctor at HSS in NYC that i can't expect to leave without pain for the rest of my life and second surgery will not help my situation anyway.
I really tried so hard to do everything in my power to get better and go back to work, i had an excellent job. But i can't seat for long, stand or walk, i got nerve damage in my legs/feet and to be very realistic i know if i decide still to go back to work it would not last for long. At least for now.
Good luck to you and i hope you will feel better. Take care of yourself.

mamakitkat · 07-09-2007, 09:36 PM

Hi mrkwass,
You will definatley need a lawyer, they will run circles around you without one. I fought for 4 yrs before I was approved. Pain is not considered disabeling, what the pain does to you is what is the disabling part. For instance, I can't stand for very long because I double over and have to sit, so a standing job would be out of the question for me. It's so confusing, I was denied twice then had to wait 1 1/2 yrs for a trial date, well by then I had been thru 4 fusions all of them failed. I was aproved and the Judge pretty much said with out really saying it that he didn't understand why I was ever denied in the first place. I'm 45 now and have been reicieving SSD for 1 yr. so I started when I was 40. Now the way I see it most people can't go from working full time to waiting for 4 yrs or more with no income, to be approved. Well I was fortunate and my hubby picked up the slack financially all that time. I WON!! and got all the back pay. First off you have to not be working for 6 months before you can even apply, that alone is enough to stop most.

I do hope you can apply if needed and I wish you the best, but be very very patient.

God Bless

Good Luck

Carol

hessie28 · 07-09-2007, 10:18 PM

I was told that it is not the illnesses you have but the severity and how it prevents you from working. I also heard that having an attorney for your initial filing does not make a difference. Have one for an appeal though. In New Jersey the attorney only gets paid if you win. They get 25 percent of whatever your back pay is. I think it makes them work harder for you.

starrie · 07-15-2007, 08:57 AM

When you say "pain alone", you make it sound like no cause has been determined for your pain. Lumbar DDD and a double fusion with the pain they can cause are certainly good reasons to apply.

If you are a corporate manager, your job may be classified as sedentary and that is how they may try to screw you. You can search the net and find pretty basic information about why that would make it more difficult for you. I posted a link but it got deleted.

My opinion is that lawyers don't make much of a difference at the initial filing and they are only really useful if you need to go to court, but that is just my opinion.

If you apply, make sure you really talk about your pain on the ADL forms DDS willl likely send you. Also, your limitations reported on these forms would have to be very limited. Good luck!