Any way to help a disability claim?

[isis297]

What is the name of your state? MD

My best friend is currently out of work because of back surgery. It was her 4th major surgery since 8/05.

She had shunt surgery (brain) in 8/05. In 9/06 she had to have the same surgery done again and then a few weeks later had back surgery. She went back to work sooner than she should have in 2/07 for fear of losing her job. In 4/07 she had to have back surgery again at which time her employer let her go because now she had become a liability.

Here we are in 9/07 and she is facing having yet another back surgery done. She is beside herself because she is young (34) and has worked extremely hard to become a nurse practitioner. Her doctors have told her that she will end up in a wheelchair, the question is just when.

Before finding out about this surgery, she was working towards going back to work going on interview after interview. A lot of offices aren't calling her back in part because of her health as it has been brought up in her interviews as to when she would be able to start which at the time wasn't until last month. Obviously they wanted to know why and considering she is a nurse, a lot of the hospitals and doctors she interviewed with KNEW about her surgeries.

From what I understand she is being told that she has no chance to get disability. What are some things she can do to help her case as I can't imagine why someone with such documented things as soon to be 5 major surgeries in such a short period of time aren't enough. She is so upset that she is ready to cancel her disability claim and refuse this 5th surgery which her doctor has already told her she really needs. At the same time, she can't keep going without any income.

Any advice is greatly appreciated.

 

[sojlaw]

Your friend's disability

Hi, although your post doesn't provide enough details (understandably so), there are few things I can definitely tell you - first, the SSA didn't tell your friend she doesn't have a chance at winning, someone else did, and she should definitely not listen to any well-meaning but ill-advised and uneducated (in ss disability, that is). Secondly, whether or not her case currently is prepared by her well enough to demonstrate that she is totally disabled from working at virtually "any" job (not just her chosen career) is another issue...if she has not done her homework, which requires reading up on the SSA law, procedure, etc., she likely has not put forth the best case possible...this is likely, considering that while she is telling the SSA she is unable to work, she is still interviewing to get work (a contradiction, basically)...I would highly suggest that your friend take her case to a lawyer who specializes in these cases, I would also suggest she use a lawyer and not a referral service (such as one you might see advertising on TV, for she won't know who is representing her and often times her case is not handled by one individual)...She should know that many lawyers will not charge her a legal fee unless and until she wins her benefits, and then same will be approved and probably paid directly through and by the SSA from any back benefits she may have.

 

[moburkes]

She needs an attorney.

 

[sojlaw]

Of couse she does. It floors me the number of people who just decide to wing it -- so many of them lose such a substantial amount of benefits by doing so - it is the old "penny wise, pound foolish" syndrome. Perhaps many don't realize that it really doesn't cost them any out of pocket to retain an attorney, as SSA usually pays the attorneys directly from back benefits, leaving the client free and clear.

 

[isis297]

Thank you for the advice. I was about to call her anyhow.