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- Litigating Long Term Disability Insurance - ERISA Claims
- Unsuccessful Work Attempts: What Happens if You Work While Your Claim is Pending.
- Biggest Mistakes #3 - Or, "The SSA: Who are those guys?"
You need medical evidence, particularly people under age 50.
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This is a typical example of what someone might say about their problems. The question below was asked by someone under age 35:
have applied over 3 times I hve hypertension,also I have sleep apnea which affects my work I fall asleep at times has to try to sty busy so I want.fall asleep it makes me has shorten of breath. And now im going threw anxiety which.makes me run out of wrk to calm dwn im always nervous for no reason and now I hve a issue of being around people becus of my anxiety.last year I had trouble wit my back and tried therapy it helped for a couple but now its worser it goes out in me im not able to stand to long which has been a problem for me.I hve kids and bills workin is not working so I need assistance.First, being under 50 makes it very difficult to be approved. Trust me on this, I'll write another article later.It looks like this person filed on their own and was denied. It looks like this person has a number of problems. Al of those problems will be combined to determine whether a claimant has the capacity to work. The problem is the person has not had adequate medical treatment. People with severe anxiety and depression and/or social phobias have a very hard time sustaining employment. However, a doctor must make this diagnosis and the claimant must prove he/she is doing everything possible to address the problem.Sleep Apnea is a growing medical problem. However, when treated, it does not have a negative affect - from a judge's point of view. Worse, most people cannot tolerate the treatment. They do not like the CPAP machines. But, if a person does not follow presribed treatment, then disability is due to the claimant's conduct and so the case is denied. High Blood Pressure, like Sleep Apnea, is a condition which can usually be treated. If you are compliant, it should not adversely affect your health. If you are not - then, it is your fault.Back problems are the easiest medical conditions to prove disability. Back issues affect sitting, standing and walking which are the three main components of work. If you can sit for 6 of 8 hours in a work day, and your are under age 50, you will be deemed to have the capacity to work.Social Security examining doctors really are not claimant-friendly. There are legitament reasons why they say any disabled person who can walk into the room and get on the table also can climb Mt. Everest while carrying a small child. But, these opinions are often wrong.However, if you have no treating doctor, or your treating doctor will not contradict the Social Security doctor (and many won't), then the only expert opinion available to the agency is their own doctor. It is the claimant's burden to prove disability. If a claimant under the age of 50 does not have strong evidence from their own doctor, they do not have enough proof to win the case.