His condition looks stable, he is working and he is going to school. Although he has an impairment, is he disabled? Depends on the medical records. Is there sedentary work he can do? Probably? A nice emotional story, but??
I feel for him and maybe he is too disabled to work. But this is a typical emotional news story. I'm not a medical expert but based on that piece you cannot determine his level of limitation. If he is going to college at 18 he is clearly not mentally incapable. Also, most people go to college without income, they take out loans! This program is for people who cannot work - not for paying your rent at college.
The medical records will tell the story of his condition. The news story does not state that he is currently receiving any treatment for his condition. If he is receiving treatment from a doctor or have records on file, then there might be a different result. LR -Disability Law Firm
I must admit I was stunned when I read the comments above. I have been a Senior Attorney with ODAR for many years.
Commenter 9:43AM states, "Although he has an impairment, is he disabled?" Are you freaking kidding me? The section of the video which showed him trying to walk where he works part time at a grocery store is quite telling. The guy was born with severe cerbral palsy. I can only imagine the pain he must experience by having to walk in such a severe imbalanced manner, let alone contend with the persistent shaking of his upper extremities and other untoward symptoms of the disorder.
Commenter 10:55AM opines, "If he is going to college at 18 he is clearly not mentally incapable. Also, most people go to college without income, they take out loans! This program is for people who cannot work - not for paying your rent at college." While this may be true, it certainly appears this youing man should be commended for trying to attend college and maintain a part time job given the obvious physical limitations caused by his cerebral palsy.
I have worked on cases through the years where students attending college apply for SSDI and it is quite obvious they are trying to use the program as a form of student financial aid. Some of these cases have been down right silly. I would not place this guys case in that category based on what I saw and heard in the video.
Commenter 1:18PM, avers, "The news story does not state that he is currently receiving any treatment for his condition. If he is receiving treatment from a doctor or have records on file, then there might be a different result." Really? The young man was born with cerebral palsy. I have little doubt he maxed out everything the medical community has to offer in terms of treatment long ago. I suspect he has been considered stable and medically managed in the same manner for years now. This would not require frequent medical visits or procedures.
It may very well be the young man could perform some type of sedentary work, although I suspect accommodations would be necessary. Even then, it is difficult to tell the stamina and endurance he is able to maintain day in and day out 8 hours a day, 40 hours a week. In the event he is able to earn a college degree, I would think this would widen the number of jobs in the national economy he may be abe to perform in a few years.
This is where SSDI could use some tweaking. In other words, approving SSDI for this young man now, may help keep him off the permanent SSDI rolls in the long run, because once he earns a college degree, significantly more sedentary jobs would be available in the national economy which he could perform.
I honestly believe this young man should be complemented for his motivation and desire to contribute to society rather than be placed on the permanent SSDI rolls, which I suspect is a distinct possibility in his case.
@ 2:36 - i am 10:55 - my point was that this emotional news story over simplifies the disability process. like i said, he may be too disabled to work, i am not in DDS or ODAR, i was not trained to decide if he is. and i definitely give him tons of credit for putting for such great effort in working and bettering himself!
all i am saying is that the criteria to establish disability is deep and multifaceted. the news media is just going for an emotional sympathy story to get coverage. if they were serious about fixing SSA and the disability process they would be on the steps of the Capitol building everyday lambasting the Congress as to why they continue to underfund an agency that is trying to keep up but reasonably cannot given budgeting, staffing, and workload demands! - FO Claims Rep
2:36 PM, and that is why you are a Senior Attorney and not a Judge, you don't understand the program. We are not here to provide financial assistance for college. Students loans are plentiful. We are here to provide financial assistance and medical assistance for those that can not perform any job. I wish this young man the greatest of success in the world and I would personally donate to a college fund for him, but unless the MER supported disability, I would not, nay, could not award him benefits.
2:36PM, states, "... and that is why you are a Senior Attorney and not a Judge, you don't understand the program."
Oh please, get off your pompous ALJ high horse! I have been an attorney with ODAR for nearly 3 decades and a Senior Attorney since 1995. I would place my judgment in disability cases with yours anytime. Everyone who has been through the ALJ hiring process knows it's a crapshoot at best. Because you got lucky with the crapshoot and I have not yet does not make you superior in evaluating disability. I have helped train many ALJ's over the years because of OPM's lopsided crediting of litigation experience over administrative law experience in ALJ hiring. Imagine that - no credit for administrative law experience to be an Administrative Law Judge (ALJ)! Thus, many ALJ's come aboard who have never handled a SSDI case from either side, or had any experience in administrative law. In addition, I literally helped carry many ALJ's through the years who never even bothered to learn the SSDI law.
Do you still want to say, "You don't understand the program." I am very well aware SSDI is not a student aid program. I made that clear in my initial comment, and even remarked many of those cases I have worked on through the years have been down right silly. I indicated this case appears exceptional over the many I have worked on in years past, and stated why I believe that is the case.
Further, with regard to having MER in support of disability, I was trying to get across that people with chronic illnesses, such as the young man who was born with cerebral palsy, often maxed out everything the medical community has to offer in terms of treatment long ago. As a result, it is quite likely their doctors have considered them stable with medical management for years now; therefore, it should not be considered unusual if the MER in recent years does not reveal the person continued to require FREQUENT medical visits and/or procedures.
1:11 PM, you noted: "This is where SSDI could use some tweaking. In other words, approving SSDI for this young man now, may help keep him off the permanent SSDI rolls in the long run, because once he earns a college degree, significantly more sedentary jobs would be available in the national economy which he could perform." That is not the purpose of this program." If he is stable and he is able to work and go to school and having just graduated from high school, without something in the MER to support his limitations, he must be denied. Seems like a great kid and hopefully there is some program he can get into, but SSI isn't it.
I really hope you are trolling and not an ALJ. Your comment betrays a lack of demeanor and knowledge of the law required to do the job.
To begin, everyone agrees you need adequate MER to support a claim. Duh. Gonna go out on a limb and say this guy probably has it. The real question is the judgment call about what his exact RFC is.
Second, your reading comprehension stinks, because @2:36 clearly addressed your comment about SSI/SSDI subsidizing a college education in his/her initial comment. Not a great attribute for someone expected to read hundreds/thousands of medical records a day.
Third, "can not perform any job" is not, and never has been, the standard for SS disability. You can work part-time, or be capable of working full time at light unskilled jobs at 55 or sed jobs at 50. Any job you can do must be available in significant numbers. So yeah, you are wrong.
Fourth, your arrogance, particularly when coupled with your incorrect statements of law, indicate to me that you probably do not have the personality or demeanor to treat those you work with, or those you preside over, with the respect they deserve, and as such do a disservice to everyone in ODAR and the public.
To anyone reading this please know that the vast majority of ALJs and ODAR take their jobs and duties seriously, do their best to serve the public, and are actually pleasant to deal with. As always, there are exceptions to this rule. See above.
11 comments:
His condition looks stable, he is working and he is going to school. Although he has an impairment, is he disabled? Depends on the medical records. Is there sedentary work he can do? Probably? A nice emotional story, but??
I feel for him and maybe he is too disabled to work. But this is a typical emotional news story. I'm not a medical expert but based on that piece you cannot determine his level of limitation. If he is going to college at 18 he is clearly not mentally incapable. Also, most people go to college without income, they take out loans! This program is for people who cannot work - not for paying your rent at college.
The medical records will tell the story of his condition. The news story does not state that he is currently receiving any treatment for his condition. If he is receiving treatment from a doctor or have records on file, then there might be a different result.
LR -Disability Law Firm
I must admit I was stunned when I read the comments above. I have been a Senior Attorney with ODAR for many years.
Commenter 9:43AM states, "Although he has an impairment, is he disabled?" Are you freaking kidding me? The section of the video which showed him trying to walk where he works part time at a grocery store is quite telling. The guy was born with severe cerbral palsy. I can only imagine the pain he must experience by having to walk in such a severe imbalanced manner, let alone contend with the persistent shaking of his upper extremities and other untoward symptoms of the disorder.
Commenter 10:55AM opines, "If he is going to college at 18 he is clearly not mentally incapable. Also, most people go to college without income, they take out loans! This program is for people who cannot work - not for paying your rent at college." While this may be true, it certainly appears this youing man should be commended for trying to attend college and maintain a part time job given the obvious physical limitations caused by his cerebral palsy.
I have worked on cases through the years where students attending college apply for SSDI and it is quite obvious they are trying to use the program as a form of student financial aid. Some of these cases have been down right silly. I would not place this guys case in that category based on what I saw and heard in the video.
Commenter 1:18PM, avers, "The news story does not state that he is currently receiving any treatment for his condition. If he is receiving treatment from a doctor or have records on file, then there might be a different result." Really? The young man was born with cerebral palsy. I have little doubt he maxed out everything the medical community has to offer in terms of treatment long ago. I suspect he has been considered stable and medically managed in the same manner for years now. This would not require frequent medical visits or procedures.
It may very well be the young man could perform some type of sedentary work, although I suspect accommodations would be necessary. Even then, it is difficult to tell the stamina and endurance he is able to maintain day in and day out 8 hours a day, 40 hours a week. In the event he is able to earn a college degree, I would think this would widen the number of jobs in the national economy he may be abe to perform in a few years.
This is where SSDI could use some tweaking. In other words, approving SSDI for this young man now, may help keep him off the permanent SSDI rolls in the long run, because once he earns a college degree, significantly more sedentary jobs would be available in the national economy which he could perform.
I honestly believe this young man should be complemented for his motivation and desire to contribute to society rather than be placed on the permanent SSDI rolls, which I suspect is a distinct possibility in his case.
The reporter forgot to add the next challenge, which is the possibility he may get a high denier judge.
@ 2:36 - i am 10:55 - my point was that this emotional news story over simplifies the disability process. like i said, he may be too disabled to work, i am not in DDS or ODAR, i was not trained to decide if he is. and i definitely give him tons of credit for putting for such great effort in working and bettering himself!
all i am saying is that the criteria to establish disability is deep and multifaceted. the news media is just going for an emotional sympathy story to get coverage. if they were serious about fixing SSA and the disability process they would be on the steps of the Capitol building everyday lambasting the Congress as to why they continue to underfund an agency that is trying to keep up but reasonably cannot given budgeting, staffing, and workload demands! - FO Claims Rep
2:36 PM, and that is why you are a Senior Attorney and not a Judge, you don't understand the program. We are not here to provide financial assistance for college. Students loans are plentiful. We are here to provide financial assistance and medical assistance for those that can not perform any job. I wish this young man the greatest of success in the world and I would personally donate to a college fund for him, but unless the MER supported disability, I would not, nay, could not award him benefits.
2:36PM, states, "... and that is why you are a Senior Attorney and not a Judge, you don't understand the program."
Oh please, get off your pompous ALJ high horse! I have been an attorney with ODAR for nearly 3 decades and a Senior Attorney since 1995. I would place my judgment in disability cases with yours anytime. Everyone who has been through the ALJ hiring process knows it's a crapshoot at best. Because you got lucky with the crapshoot and I have not yet does not make you superior in evaluating disability. I have helped train many ALJ's over the years because of OPM's lopsided crediting of litigation experience over administrative law experience in ALJ hiring. Imagine that - no credit for administrative law experience to be an Administrative Law Judge (ALJ)! Thus, many ALJ's come aboard who have never handled a SSDI case from either side, or had any experience in administrative law. In addition, I literally helped carry many ALJ's through the years who never even bothered to learn the SSDI law.
Do you still want to say, "You don't understand the program." I am very well aware SSDI is not a student aid program. I made that clear in my initial comment, and even remarked many of those cases I have worked on through the years have been down right silly. I indicated this case appears exceptional over the many I have worked on in years past, and stated why I believe that is the case.
Further, with regard to having MER in support of disability, I was trying to get across that people with chronic illnesses, such as the young man who was born with cerebral palsy, often maxed out everything the medical community has to offer in terms of treatment long ago. As a result, it is quite likely their doctors have considered them stable with medical management for years now; therefore, it should not be considered unusual if the MER in recent years does not reveal the person continued to require FREQUENT medical visits and/or procedures.
1:11 PM, you noted: "This is where SSDI could use some tweaking. In other words, approving SSDI for this young man now, may help keep him off the permanent SSDI rolls in the long run, because once he earns a college degree, significantly more sedentary jobs would be available in the national economy which he could perform." That is not the purpose of this program." If he is stable and he is able to work and go to school and having just graduated from high school, without something in the MER to support his limitations, he must be denied. Seems like a great kid and hopefully there is some program he can get into, but SSI isn't it.
@8:40
I really hope you are trolling and not an ALJ. Your comment betrays a lack of demeanor and knowledge of the law required to do the job.
To begin, everyone agrees you need adequate MER to support a claim. Duh. Gonna go out on a limb and say this guy probably has it. The real question is the judgment call about what his exact RFC is.
Second, your reading comprehension stinks, because @2:36 clearly addressed your comment about SSI/SSDI subsidizing a college education in his/her initial comment. Not a great attribute for someone expected to read hundreds/thousands of medical records a day.
Third, "can not perform any job" is not, and never has been, the standard for SS disability. You can work part-time, or be capable of working full time at light unskilled jobs at 55 or sed jobs at 50. Any job you can do must be available in significant numbers. So yeah, you are wrong.
Fourth, your arrogance, particularly when coupled with your incorrect statements of law, indicate to me that you probably do not have the personality or demeanor to treat those you work with, or those you preside over, with the respect they deserve, and as such do a disservice to everyone in ODAR and the public.
To anyone reading this please know that the vast majority of ALJs and ODAR take their jobs and duties seriously, do their best to serve the public, and are actually pleasant to deal with. As always, there are exceptions to this rule. See above.
@7:28 Amen to your comments!
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