Any point in a 30 year old applying for SSDI/SSI? In Georgia?

[happyslug]

5. Yes, but understand the restrictions

Last edited Sun Jul 12, 2015, 12:39 PM - Edit history (2)

SSI is a FEDERAL PROGRAM, as are the various state run (but Federally funded) Office of Vocational Rehabilitation (OVR).

First, SSI. You are claiming heart problems. Heart problems are evaluated under 4.00 of the list of Impairments at Step Three of the five step Sequential Evaluation Program, the Sequential Evaluation Program is the process SSA follows when deciding cases. 4.00 listing are as follows;

http://www.ssa.gov/disability/professionals/bluebook/4.00-Cardiovascular-Adult.htm#4_02

As a general rule if you meet the requirements set forth in 4.00 of the listing of impairments, you would be on SSI today and generally would have won it on your initial application. The listing of Impairments are decided on in Step Three of the five step Sequential Evaluation Program. At Step Three you can WIN, but you can NOT lose. If you do NOT win at Step Three, you go to Step Four (can you return to past work?) and then Step Five '"Are they other jobs in the National Economy you can do'. This is where people whose medical conditions do not meet a listing win or lose they cases, and I suspect that is where you lost your case.

Under Step Five of the Sequential Evaluation, you are under age 50 and to be ruled disabled at Step Five of the Sequential Evaluation Program, you must be incapable of doing even sedentary work. Sedentary work is defined as being on one's feet no more then two hours in an eight hour work day and lifting no more then 10 pounds. Such jobs exist in the national economy in the form of "Small Parts assembler", "Small electric Parts Tester" and "Small Parts bagger" (These are the most common jobs listed by Vocational Experts when I have SSI Hearings, other areas may have different jobs, for the jobs are viewed as 'Representative' not exclusive).

Notice the test for SSI is the "Inability to work in jobs that exist in substantial numbers in the National Economy'. What SSA looks at are full time times that you can do. These jobs must exist, but all of them may be filled, but as long as substantial numbers exist (and that is up to the Administrative Law Judge to decide), you are NOT disabled.

In my area Vocational Experts (VE) will testify that someone who can NOT work 2 hours, take a 15 minute break, work two hours and take a 30 minute break, work two hours take another 15 minute break, work 2 hours and go home, is able to do ANY work that exists in substantial numbers in the National Economy,.

I suspect in your case, the Administrative Law Judge ruled that he gave your testimony no credibility and your claim of restrictions are excessive and not supported by medical evidence. Since the Administrative Law Judge gets to decide such "facts" and as finding of 'facts' MUST be accepted as true on appeal. Thus unless the "facts" are not supported by evidence in the medical record, any appeal of that decision will just uphold the Administrative Law Judge's decision. Given the nature of your illness, no medical record clearly states that your condition FORCES you to sleep every two hours, thus no substantial record exists that says you HAVE TO Sleep every two hours. Thus it is up to the Administrative Law Judge (ALJ) to decide how often you must sleep based on your testimony and the ALJ did not believe you to the extent to claim the problem affects yo. Such finding of the Administrative Law Judge will be upheld on appeal.

Now, that does NOT mean you can NOT RE-APPLY for SSI. New evidence can exists, a new doctor appointment is enough for the Social Security Administration (SSA) to view your case as a new case, but you need to think about getting evidence that supports your position of having to nap every two hours.

Unless you doctor actually see you do sleep as often as you claim , what the Doctor's report as to your sleeping is not a medical finding (On the other hand a Sleep Study would be a Medical Finding and you may want to do one to build up the medical record of excessive sleepiness). Please note what you report to the Doctor and he writes down is just that a report, it is NOT considered Medical Evidence UNLESS the doctor makes some sort of finding based on that report , Most doctors just write down what you tell them, they do NOT then analyze those reports in medical findings. I have seen a lot of Medical Reports indicating problem told to the Doctor by the patient and then the Administrative Law Judge (ALJ) dismissing those reports as simply what the patient told the doctor NOT medical findings of the Doctor,

Please note, SSA does NOT believe your doctor can determine if you can work or not. Doctors can report on how your medical problems restrict you, but NOT if such restrictions prevent you from working. The Social Security Administration (SSA) hires people known as Vocational Exports (VE) who have a background in work placement to testify what jobs someone with a set of restrictions can perform. Vocational Experts (VE) tend to have Phds, but NO medical background.

In Administrative Law Judge (ALJ) hearings, Vocational Experts (VE) will answer questions put to them, but they will NOT say if someone is capable of working or not, just that someone with the set of restrictions in the question put tge tje Vocational Expert can work or not. Actual determination if you can work is up to the Administrative Law Judge ALJ) to decide based on the answers to the
hypothetical question given by the Vocational Expert.

Thus sooner or later we get to the real issue in your case, you need EVIDENCE of excessive sleepiness other then your own testimony. That is where the Office of Vocational Rehabilitation (OVR) comes into play. Apply for their services, see what retraining program they can get you into. I tell my Clients three things can happen if your apply for OVR:

1. The Office of Vocational Rehabilitation (OVR) examine you and determined you are NOT retrainable. While this is NOT binding on SSA, SSA tends to give such reports great weight. This RARELY HAPPENS, in most cases OVR tries to place you in a retraining program.

2. You get into a retraining program and either fail the program OR fail to get a job. SSA views this as a failed Job attempt and is generally a plus point for you. Furthermore, it is a record OF WHY YOU FAILED, and if it is do to excessive sleepiness, OVR will record that. Make sure SSA gets those records, for it will support your statement of having to sleep that often.

3. OVR retrains you to do a job and you get hired, that will pay more then SSI will pay,.

Now, OVR, in my home state anyway (OVR officers are run by your state, but these are FEDERALLY FUNDED PROGRAMS as part of the Social Security Act, so this tends to be nationwide) will evaluate you first. Checking with your doctor, and if you do not have one, send you to one of their own doctors. Once OVR evaluate you, OVR will come up with a list of jobs OVR think you can do with your medical limitations. I have had clients get training in courses from Dog Grooming, auto repair, small engine repair, general office clerk, watch repair to making teeth. Once they have the list, you get to select what you want to be retrained to do.

Thus I would go to OVR and see what they can do for you.

Also see if you have a "Blind and Handicapped" program in your area. These are "Sheltered workshops" often with Government Contracts (The US Army gets a lot of supplies from them, including wire harnesses for electrical devices). They hire people who are disabled and can NOT work full time. The Blind and Handicap agency in my areas does an excellent evaluation of their employees, including if they are NOT working up to Competitive employment (i.e. will report if someone is NOT doing what a normal employee can do). This is another way to get documentation that you can NOT do competitive employment and why.

I suspect in your case the Administrative Law Judge did not believe you when it came to your restrictions. Instead he said the medical evidence supported a finding that you can not be on your feet more then two hours in an eight hour day, but since that does NOT mean two hours are any one time, but over the entire eight hour day, you can do sedentary jobs and such jobs exist in substantial numbers in the National Economy. Nothing can be done about such a decision, but you can make another application.

At the same time, apply to your local OVR office. There do have a web site:

http://gvra.georgia.gov/vocational-rehabilitation-division

There is NO law against applying for SSI again AND applying for OVR services and in your case I would do both.