| In my 30 years of experience representing
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| | disability case. For example, even if you
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| claimants in social security disability
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| | are over 55 years of age and have a
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| hearings, I have concluded there are five
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| | serious orthopaedic impairment if you
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| factors that are significant in almost
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| | still can do some sort of clerical work
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| every case. These are the factors one
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| | at a desk, you probably will not be found
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| should consider when applying for
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| | to be disabled. This is especially true
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| disability.
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| | if your past skills and education
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| SERIOUS IMPAIRMENT: You cannot get
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| | indicate you can do clerical work.
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| disability for a hangnail. Your
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| | However, all is not lost if you can show
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| impairment must seriously affect your
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| | your impairment prevents you from
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| ability to work. It must be an impairment
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| | "sitting" to do clerical work or if your
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| In my 30 years of practice, I have always
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| | impairment prevents you from the very
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| found Social Security Judges to be very
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| | light repetitive work required of
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| sympathetic to a claimant with a serious
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| | clerical work.
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| impairment such as lupus or cancer.
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| | THE OPINION OF A SPECIALIST: If you have
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| YOUR AGE: It is best to be 55 years old
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| | an impairment such as lupus, some type of
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| or older when applying for disability.
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| | cancer, or fibromyalgia, the opinion of
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| The system favors the older applicant. On
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| | your family doctor (although beneficial)
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| the other hand if you are under 50 years
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| | will probably not carry the day. What you
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| of age you may have to show you cannot do
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| | need is the support of a specialist who
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| any job that exists in the national
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| | treats the particular impairment you
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| economy. It does not take much physical
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| | have. For example, with fibromyalgia you
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| ability to be a greeter at a Walmart
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| | would need to consult a specialist in
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| store or a security monitor watcher. If
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| | arthritis or rheumatology. He or she
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| you are under age 50 you will have to
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| | would at a minimum have to say your
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| show you cannot do those types of jobs.
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| | fibromyalgia met the American College of
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| YOUR OWN DOCTOR'S OPINION: Social
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| | Rheumatology diagnostic criteria for the
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| Security has a rule that can help most
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| | disease. For cancer, you probably need
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| applicants. That rule says if your
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| | the opinion of an oncologist.
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| doctor's opinion is well reasoned and
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| | SUMMARY: In my 30 years of practice and
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| based on many clinical visits by you over
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| | in doing over 1,000 hearings I have found
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| a period of time then his/her opinion can
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| | the above five factors to be the most
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| be granted "controlling weight" in your
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| | important elements of a winning
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| case. Thus, if your doctor supports your
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| | disability case. However, even knowing
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| claim, then you have a great chance to
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| | these factors, it is no substitute for
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| win your case. In my experience, 100%
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| | not contacting an experienced Social
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| support by the claimant's own doctor is
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| | Security Disability Lawyer.
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| crucial to success in a claim for
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| | Copyright© 2006, Jerry Lutkenhaus. ALL
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| disability. I have had a number of cases
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| | RIGHTS RESERVED
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| where the United States District Court
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| | This may be considered AN ADVERTISEMENT
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| has reversed a Social Security
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| | or Advertising Material under the Rules
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| Administrative Law Judge precisely
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| | of Professional Conduct governing lawyers
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| because the Social Security Judge did not
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| | in Virginia. This note is designed for
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| give enough weight to the opinion of the
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| | general information only. The information
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| claimant's own doctor.
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| | presented in this note should not be
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| YOUR SKILL AND EDUCATIONAL LEVEL:
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| | construed to be formal legal advice nor
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| Unfortunately, the more education you
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| | the formation of a lawyer/client
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| have and the more skills you have the
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| | relationship.
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| harder it is going to be to win a
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| |
|
