This feature appears from time to time as a means of illustrating the challenges that many applicants for social security disability benefits experience in their efforts to be approved. Cases are derived from actual clients I have represented but their names, details and key facts are changed to protect privacy.
“I know I should have been going to the doctor, but at each visit they told me the same thing so I just gave up.”
Amanda was a 45 year old mother of a third grader. She had been dealing with increasing pain from rheumatoid arthritis and fibromyalgia for over a year and a half by the time she put in an application for Social Security Disability. She was also experiencing increasing depression due to her pain and limited social life.
The Lawyer’s View
Amanda’s case had two big hurdles to overcome: Her ongoing work, and a big lapse in her medical care.
Amanda had continued to work part time well after she applied for disability benefits, doing medical coding. Her employer was supportive and allowed her to work part time and take frequent breaks.
One of the most difficult issues in Amanda’s case was a nearly twelve-month period in which she never saw a doctor. She continued to take her prescribed medications, but simply gave up on going to the doctor because they were not able to give her any new tools to manage her pain.
What Happened?
At the hearing, the judge was concerned about the large gap in medical care. Amanda did a great job of explaining that she wasn’t feeling better during this period, but that she simply was in a holding pattern of pain, which she continued to treat with medication.
In advance of the hearing, we obtained a statement from her primary care physician explaining that her conditions were chronic, and that despite a lapse in care, she was unable to do full time work since her onset date.
Because Amanda had substantial earnings after her onset date, we also obtained a statement from her employer documenting that although Amanda tried to be a good employee, her quality of work and her frequent absences meant she was not truly earning her pay.
The judge determined that Amanda’s work was subsidized and found that it didn’t count against her in her disability claim.
The judge found Amanda disabled and we won the case.