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Lower Back complaints and the SSDIB Claimant
by: Tim Moore
About one week ago to the day, I injured my lower back. And though I am now fully on the road to recovery, I can't help but wonder what it would be like to be saddled with nagging lumbar back pain indefinitely as is the case with many disability claimants.

It would be awful without a doubt. But here are some specific things my spouse (also a former DDS examiner and a current D.O. CR) and I discussed: light jobs would be difficult because handling any amount of weight, let alone, say, 20 pounds, would aggravate a back problem. I rediscovered this reality yesterday as I, in a limited fashion, tried to help my wife with
groceries. The simple weight of a gallon jug of milk was enough to make me wince. How about a sedentary job? Well, the problem with sedentary jobs has to do with...being sedentary.

As many claimants with chronic lower lumbar pain will attest, being in a seated position can become very uncomfortable even after a few minutes. But even "sedentary jobs" are not entirely sedentary. Most sedentary work still involves having to get up and down from a seated position dozens of times during the course of a day. And this can obviouly present a problem for someone with lower lumbar pain. And, of course, there are the psychological aspects of having continuous pain and discomfort; chief among these is the effect that continuous pain has on one's ability

to maintain attention and concentration. And, of course, pain does have a nasty effect on one's disposition.

Now, in the context of disability claims adjudication, why do I even bother mentioning this kind of stuff? Simply for this reason: examiners, their supervisors, and the medical consultants with whom disability examiners work all too often slap decisions on cases without allowing claimants reasonable consideration with respect to their pain. This is not a trivial issue as the social security administration has been sued a number of times over its failure to recognize claimants' limitations due to pain.

Why do the "functionaries", or cogs of the system, fail to recognize the role that pain plays in a claimant's functional limitations?

Well, in the case of examiners, it may have a little to do with age. Most examiners tend to be younger individuals (twenties and thirties), i.e. people who have never had to deal with a disabling illness, such as degenerative disc disease. It's an unfortunate reality of human existence that people are often unable to empathize with someone else's pain if we have not experienced something similar ourselves.

In the case of the docs, that is the physicans who serve as unit medical consultants in a state's DDS (disability determination services), the blinders they wear may have more to do with the nature of their work. Basically, "disability docs" sit in an office all day long, reading files and writeups that have been written by disability examiners. After a doc has finished perusing a file, he or she will write an RFC (residual functional capacity
form) that may or may not agree with what an examiner has "conjured". At any one time, a DDS medical consultant may have dozens of cases in his office which need reviewing. But in NONE, ABSOLUTELY NONE, of that time will one of these doctors ever see, touch, or feel one of the claimants that they are writing an RFC for. Can you make out the picture that I'm drawing. These doctors render VERDICTS on cases, in a way that is very impersonal, removed, bureaucratic, and even automated. And with the number of cases that come across their desks, it's hardly a wonder that MOST cases are given a medium RFC, or residual functional capacity rating.

What is a medium RFC? It means several things, but in terms of exertional limitations, it means that a claimant is still expected to be able to, in the course of a workday, lift 50 lbs occasionally and 25 lbs frequently. As an examiner, I saw medium RFCs given to claimants who, doubtless, would have difficulty lifting even 20 lbs once, let alone 50 lbs occasionally.

This, of course, qualifies as a gripe that I hold against the SSA system. However, I believe it is wholly a legitimate one concerning a legitimate problem. How do you address the problem?

Here's a novel solution that might have an immediate impact on how DDS medical consultants rate the limitations of claimants: require them all to keep fifty pound dumbbells beside their desks and each time they consider handing out a medium rfc, require them to lift it just once. Each time they perform this action and feel the discomfort that comes from lifting fifty pounds, they can then consider the effect this amount of weight might have on a claimant with chronic lower back pain. And, just perhaps, their ratings of cases might begin to approach a state closer to
reality. Because, presently, it is doubtful, at best, that many of these doctors have any real clue as to what fifty pounds really is, or feels like.



About the author:
The author of this article is Timothy Moore, who, in addition to being a former food stamp caseworker, medicaid caseworker and AFDC caseworker, is a former disability claims examiner. He publishes information at Social Security Disability Tips and Secrets which features a helpful and informative Social Security Disability faq


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Seven Sets of Documents You Need For Your Divorce
 by: Scott Morgan

This article is designed to give someone who is considering or planning for the possibility of divorce an idea of what documents are needed. Even if you believe your case is ultimately agreed to and settled without a trial, you will be in a much better position if you already have the relevant documents in your possession. Better safe than sorry.

You should locate the relevant documents, make copies, and keep them somewhere secure, like your office or with a friend. You will then have access when it is needed.

Here are the most important seven categories of documents you should focus on.

1. Income Documents

Your spouse's income is relevant to a number of issues in a divorce case. At a minimum, get your spouse's last paycheck statement and your most recent tax return. Ideally, you would have access to all tax returns filed during the marriage, along with all supporting documents and schedules.

2. Bank Records

The monthly bank statements are very important and can lead you to other documents (cancelled checks, deposit slips, registers, etc.) that you also may need to obtain. Get at least the most recent statement for each account that is either held in your name, your spouse's name, or jointly. If possible, get copies of all statements going back to the date of marriage. In most cases this volume of records is not required, but in some cases these records can be very helpful and even necessary to analyze the case.

3. Retirement and Other Investment Records

Often the biggest asset a couple will own will be a 401k or pension account. So you will definitely want the most recent account statement and ideally all statements dating back to the time of marriage. Also, the last statement prior to marriage can be very significant (especially in community property states) to show the pre-marriage balance.

4. Credit Card statements

Again the most recent statements are a necessity, but a lot of important evidence can be garnered from the historical statements. In some cases, the credit card statements will show questionable transactions that can be of real evidentiary value. For example, they might show evidence of gifts or dinners purchased for paramours, questionable hotel rentals, or other dubious purchases.

5. Real estate documents

The most important real estate documents are the Deed of Trust and Warranty Deed for any property you currently own. If you have the entire file from (the giant stack of paper you got after the closing) for each real estate purchase or refinance transaction during the marriage it can be helpful. Additionally, documents evidencing real estate owned by either spouse prior to marriage can be significant, especially in community property states.

6. Mortgage statements & any Other Debts

You should get the most recent statements showing the current payoff balance for any other debts. For those debts that have only a coupon book with no regularly generated statements showing the current balance, you will probably need to contact the creditor by phone for the current payoff information.

7. Relevant emails or other correspondence

Correspondence or emails can be extremely helpful (or damaging, depending on your viewpoint) pieces of evidence in the case. Whether the communication is between spouses or between a spouse and some third-party, the communication is potentially relevant. Two common examples would be where your spouse makes a damaging admission about some issue in the case, or communications with paramours.

Conclusion

Determining which documents you need to obtain for your divorce case can be a very time-consuming and daunting task. Use this list as a starting point and discuss your situation with a quality divorce attorney. This person should be able to advise you specifically on the documents you need to obtain in order to protect your interests.



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