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.
“My long-term memory gets me through the interview, but then on-the-job, I can’t remember even the simplest of tasks.”
When Stewart was 19, he struck his head while on a dirtbike ride. He was in a three week-long coma, and when he awoke, he had to relearn everything from how to tie his shoes to how to wash himself. He improved gradually in all areas of function except his short-term memory. No matter how hard he tried, he was unable to retain information in his short-term memory.
He had done the best he could to keep jobs, primarily working for friends or family. He could get through the interview process because of his long-term memory and his friendly personality, but once he was in the workplace it became very clear that he couldn’t remember his job tasks from one moment to the next.
At 36-years old, Stewart was married with three children, but his family was in crisis because he was repeatedly losing jobs once employers realized how poor his memory was. Stewart enrolled in Oregon’s vocational rehabilitation program, and he was placed in a semi-chip conductor factory where he was assigned simple 1-step jobs and was given a lot of support from co-workers and supervisors to remember his job tasks.
Stewart’s wife, Nadine, expressed concern that like all his previous jobs, Stewart would eventually lose this job due to his memory issues.
The Lawyer’s View
Stewart’s case posed some difficult challenges:
1. Stewart was making almost $2000 a month working full time. Under social security’s rules, it is very difficult to prove someone is disabled if they are working and earning more than $1070 a month.
2. Because Stewart’s head injury had happened 17 years prior, the judge would undoubtedly question the fact that Stewart had actually earned fairly good money since his head injury. His memory hadn’t worsened over time, so why couldn’t he continue to work as he had in the past?
3. Other than his memory issue, Stewart is an incredibly healthy and strong man; he only rarely went to the doctor, and didn’t take any medications at all. This meant that the only medical evidence in his file was old and out-of-date.
What Happened?
At the hearing, the judge called a medical doctor as a witness who gave his opinion that although Stewart was a hard worker, the only way he could be successful in the workplace was with a lot of accommodations. The doctor’s opinion was that due to an organic brain disease, Stewart was unable to do competitive work.
At the hearing, Nadine gave great testimony about the issues that Stewart has around the house remembering things like turning off water, turning off the running car, or remembering what task he was working on.
The judge determined that Stewart’s present work was “Sheltered” and so it didn’t count against him in his disability claim.
The judge found Stewart disabled and we won the case.