Social Security is a very complicated process. I just won my hearing
last month. If you win you win on the basis of one of 2 things. Either
an official "listing" -a disability that meets a list of criteria.
Listings are very specific legally defined disabilities that are very
difficult to meet. In reality most people on disability do not get
their SSDI because they meet a listing. Even when it comes to EP. Just
because you have a condition in a listing doesn't mean you meet that
listing-you have to meet the very specific requirements within that listing.
The second criteria is hard to meet because it takes into account your
age, education, experience, and residual functioning capacity. So for
example someone who is 28 and has a college degree is assumed to be
capable of being retrained to do another job. They have to prove that
they can simply not work ANY 8 hour/5 day work week of ANY job because
their residual functioning is so diminished. It is not a matter of
whether or not you can do what you USE to do.
On the other hand someone who is 55, with a high school diploma, and who
has no other technical training, may win more easily because it would be
assumed that it may be harder for them to find different work. Seems
dumb but it it is true in the real world think about it.
SO if you don't meet a listing, it is hard to win. When I won I met
both a listing and the definition of someone who could not work
an8hr/5day work week due to residual functioning-
go all the way to the hearing stage to win my case.
My advice--Get a lawyer--it is worth the 25% (capped at $5300) of your
back benefits. The system and the legal definitions and workings are
known well by them-most people try to win by whining and telling their
life-they know how to win based on the law. They will prep you, help
you, tell you what to do, deal with all the paperwork. Secondly-keep
seeking medical help. If you stop seeking medical help and stop going
to your Drs. they will assume it was because you no longer needed help.
EVERYTHING needs to be documented. Just because you say it is so
doesn't make it so, your testimony must be supported by medical
documentation,
Hope that helps.
Kelly P
> Date: Wednesday, July 22, 2009, 11:52 PM
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> I am just wondering if anyone is receiving disability benefits from social Security due to their seizures or related issues.
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