Upcoming Social Security disability medical exam

patc73 · Post by **patc73** » Sat Apr 21, 2012 8:43 am

Hi, all! Due to my CC and hand arthritis issues, I decided to apply in February for SSD, since I'm no longer able to do my former job as a dental office manager. I received a letter yesterday that I will have a medical exam on May 1st to determine my disability. I'm trying to figure out exactly what they'll examine...CC with fecal incontinence is an "invisible disability", and really, so are my aching hand joints, the extreme fatigue that goes with flaring CC, and the inability to eat anything with gluten or dairy that all keep me close to home. Any suggestions as to what I should tell the SS doc? They have all the medical records proving my CC diagnosis, the long-time extreme D that makes running to the bathroom necessary (not fun when you are the only front-desk receptionist), the hand x-rays that showed the loss of cartilage, etc. I thought that with colitis, no medical exam was necessary!

Post by **tex** » Sat Apr 21, 2012 9:47 am

If they have your records proving diagnosis, then that should be sufficient for your application to be accepted, regardless of any requirements for a physical exam. I'm sure they have the right to require a physical exam, in order to intimidate the applicant, but the exam should be irrelevant to the ruling for anyone with a medical diagnosis of an IBD. The most recent amendments to the ADA, (which went into effect on January 1 of 2009), guarantee recognition of MC as a debilitating disease, under the law. You do not have to prove disability. If your claim is denied, then it may be time to hire an attorney who specializes in SS disability claims. Here's what the current ADA law says:

The term "disability" means, with respect to an individual

(A) a physical or mental impairment that substantially limits one or more major life activities of such individual;

(B) a record of such an impairment; or

(C) being regarded as having such an impairment (as described in paragraph (3)). (section 12102)

Also, from the Act, “Major Life Activities” are defined as:

(A) In general

For purposes of paragraph (1), major life activities include, but are not limited to, caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working.

(B) Major bodily functions

For purposes of paragraph (1), a major life activity also includes the operation of a major bodily function, including but not limited to, functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions.

(3) Regarded as having such an impairment

For purposes of paragraph (1)(C):

(A) An individual meets the requirement of “being regarded as having such an impairment” if the individual establishes that he or she has been subjected to an action prohibited under this chapter because of an actual or perceived physical or mental impairment whether or not the impairment limits or is perceived to limit a major life activity.

(B) Paragraph (1)(C) shall not apply to impairments that are transitory and minor. A transitory impairment is an impairment with an actual or expected duration of 6 months or less. (section 12102)

Note a very important phrase in the revised act that implies that even if an applicant is successfully treating a qualifying condition, that does not disqualify them from the benefits provided therein. In other words, symptoms do not have to be evident, in order to qualify under the Act:

(i) The determination of whether an impairment substantially limits a major life activity shall be made without regard to the ameliorative effects of mitigating measures such as

(I) medication, medical supplies, equipment, or appliances, low-vision devices (which do not include ordinary eyeglasses or contact lenses), prosthetics including limbs and devices, hearing aids and cochlear implants or other implantable hearing devices, mobility devices, or oxygen therapy equipment and supplies; (section 12102)

The red emphasis is mine, obviously.

Here's a link to a Department of Justice site with a complete description of the Americans with Disabilities Act of 1990 (ADA), including changes made by the ADA Amendments Act of 2008 (P.L. 110-325), that you can print out, if you want all the details:

http://www.ada.gov/pubs/adastatute08.htm

Please understand that the ADA was not written for SS disability claims, so technically, it's irrelevant for SS disability purposes. However, the amended wording of the ADA clearly establishes a legal description of the concept of "disability" under the law. And that concept of disability can be utilized in a SS disability claim. That's my point.

If your case is denied, use these sections of the law in your appeal, or if you hire an attorney, have him or her use this information, if he or she is not familiar with it. Any attorney specializing in SS disability appeals should certainly be aware of all this, though.

Good luck,
Tex

patc73 · Post by **patc73** » Sat Apr 21, 2012 11:15 am

Thanks, Tex! We'll see what happens, but I've printed your answer just in case.

raemckee · Post by **raemckee** » Sat Apr 21, 2012 12:05 pm

I hope it goes well for you. I was dismissed from a small business because I had surgery on my hands due to arthritis of the cmc joint. They dismissed me by email while I was recovering from the surgery. The disability insurance company and the surgeon refused to work with me for long term disability even though I had been paying extra premiums for the coverage for the kind of job I was doing. I am now making 2/3 pay and have MC to deal with as well as the arthritis.

The fecal incontinence may be the worse part for me. Hopefully you'll find some relief with your treatment. I agree it is easiest to manage when you are at home. I now have an extended sick leave in place where I can take intermittent sick days up to 6 months worth of time. I now work at a large public university so the benefits are at least protecting my job.

Gabes-Apg · Post by **Gabes-Apg** » Sun Apr 22, 2012 12:27 am

Pat

in my aussie slightly sarcastic/cynical tone: take all the reciepts for the incontence pads, the medications, the supplements, the doctors visits, the expensive GF/DF ingredients
like we would spend our hard earnt money on that stuff unless we had to.

I will have my fingers and toes crossed for you, and hope it is not too confronting.

Not sure if they will take interest, or if it is appropriate to do this, is it worth taking some of the more recent articles about MC, IBD's etc. I am guessing that the people who do these assessments get their information from the same place as the GI fraternity....... they may need some subtle re-education before they make their decision.

patc73 · Post by **patc73** » Wed May 02, 2012 9:37 am

So I saw the Social Security Dr. yesterday; she was a lady doctor from India, very opinionated and a bit bossy. She couldn't believe it took five years for my doctors to diagnose the CC, or that no doctor I've seen seems to know anything about the condition. She advised me to try another GI (as if it would make any difference). I told her about the constant D and having to wear pads or diapers because accidents happen, and she said that if I just took Questran three times a day instead of once, it would solve the problem! I tried to explain how uncontrollable and unpredictable CC is, but she interrupted and went on to another subject. She seemed to sort-of believe me about the hand pain and arthritis, and tested my thumb and grip strength, then sent me to have hand x-rays done. So, bottom line, who knows how that exam turned out! We'll see what SS says.

Post by **tex** » Wed May 02, 2012 11:45 am

Pat wrote:and she said that if I just took Questran three times a day instead of once, it would solve the problem!

That alone is enough to verify that she knows virtually nothing about the disease.

What a waste of taxpayer dollars to pay someone like that to screen applicants.

Maybe she will surprise us, though.

Tex

Lesley · Post by **Lesley** » Wed May 02, 2012 8:27 pm

Pat,
I don't know who you could talk to in Social Security, but when Labor and Industry sent me for an independent exam with a physiatrist, (physical ability and DISablity doc - a brief explanation) and I felt from second one of the meeting that this woman was going to add me to her quota of denials, I called my claims manager as soon as I got home to tell her that this was happening. She requested that I write a letter describing what I had felt.
When L&I received her summary and saw my opinion was well founded, they arranged for me to see someone else.

If you get denied, and it will be unfounded, you need to get someone to talk to them for you taking all the documentation you have, probably an attorney.

So far I haven't had to use one, because I have enough medical background and understanding, and experience of fighting for MY patients to need it, but the day might still come....

Deanna in CO · Post by **Deanna in CO** » Wed May 02, 2012 8:35 pm

You know, I am amazed how many people seem to think dealing with WD 10 or 15 times a day is NOT disabling! Seriously? The amount of time in the bathroom, the need to drop everything and run, the accidents - we are supposed to continue life as usual? Not to mention the joint pains, the foggy brain, the physical exhaustion, the difficulty finding places to eat . . . Sorry, but there is definitely some disability involved!

patc73 · Post by **patc73** » Thu May 03, 2012 7:39 am

Thanks, everyone! The funny thing during my exam was that the Dr. kept asking if I was depressed (which I'm not), but with the way we are always treated by doctors, having no one believe us, it's enough to make us depressed! If I am, in fact, denied, I am planning to consult an attorney.

coryhub · Post by **coryhub** » Thu May 03, 2012 4:32 pm

Hi Pat,
You hang in there. You deserve this. Please keep us posted. I too am a front desk person. Sometimes I have to leave my desk unattended 5-6 times in an hour. I am also starting to be debilitated with fatigue and headaches. If you can win this benefit it will give me some hope.
Tex, you are a treasure! Such good information you provide. :mate:

Stanz · Post by **Stanz** » Thu May 03, 2012 4:38 pm

Pat,

SS denies everyone disability in the first go-round. It's why there are whole law firms now who do nothing but SS Disability appeals. If they get it approved on appeal, they take almost 100% of what you would have received had it been approved the first time.

Doctors and lawyers

Lesley · Post by **Lesley** » Thu May 03, 2012 10:23 pm

They didn't me, but it could be that I knew what to say to the doc. It helped having fought for umpteen patients over the years.
Having someone experienced really makes a difference. I hope it goes through without incidence, Pat!

patc73 · Post by **patc73** » Fri Jun 08, 2012 11:09 am

Well, yesterday I got my letter from SSD...I was denied. I thought I'd want to appeal, but I'm just too sure that I'd be denied again. They belittle our disease so much! (I'd like them to live with it for a week and see what it's like!) They said, "You have flares of gastrointestinal issues but are able to maintain weight. We have determined that your condition is not severe enough to keep you from working." Also, "A person may be receiving benefits under another program and still not be entitled under our rules." So, even though colitis is listed as a disability, they still turn us down arbitrarily.

The upside is that I actually am feeling a little better after being on sulfasalazine for a month. I don't know if I can go back to work, though...I'll have to look for part-time to start, I guess.

Post by **tex** » Fri Jun 08, 2012 12:09 pm

Pat wrote:So, even though colitis is listed as a disability, they still turn us down arbitrarily.

That's why there are so many lawyers specializing in this sort of thing these days. Most politicians are lawyers, and lawyers do the editing of bills submitted to congress and the senate, so they write the laws to guarantee plenty of work for fellow lawyers.

As I recall, a lot of lawyers have a policy whereby they don't get paid unless the client's claim is approved by the SSA, so they must have a pretty good success rate.

Tex