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JD 1992
JD 1992, Attorney
Category: Personal Injury Law
Satisfied Customers: 33056
Experience:  Board Certified Specialist in Personal Injury Trial Law, Member of Million Dollar Advocates Forum
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I am in the final stage of applying . I am waiting to be

Customer Question

I am in the final stage of applying for disability. I am waiting to be seen by a judge. I wanted to know in your opinion what do you think my chances of getting approved will be? I have been out of work for four years due to a bad back. I've had two surgeries and they have not fixed my pain. I have rods and screws in my back and I can't stand, sit up, or walk for more than 10 minutes without having to lay down because of the pain. I am on medications for my pain but I cannot work.
Does the fact that I've had two major surgeries help my case more than someone that has not?
Submitted: 10 months ago.
Category: Personal Injury Law
Expert:  JD 1992 replied 10 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Yes, it helps your case more than someone who has not had surgery.

The big issue is not whether you can work at your old job, but whether there is any work in the job market for you at all in your condition.

What type of pain medications are you on?

Customer: replied 10 months ago.
15 mg of oxicodone and 20 mg of oxicotin.
Expert:  JD 1992 replied 10 months ago.

Those are strong eough to make you lose track of things, make you sleepy, etc. You probably need to bring a witness with you who can testify that when you are on your pain medication, which is needed to even get around, then you can't take care of your checkbook, interact with them, buy groceries, etc. because it makes you too "loopy". That kind of testimony means you couldn't work as a "ticket taker who sits and takes tickets" which is the most common job the SSA says you can do with a back injury.

If your doctor will write a letter stating that you can't do anything that requires arithmetic, meeting or providing directions to people, etc. then that would be very helpful to you as well.

Also, the judge may ask you if you can get a gall on of milk in the grocery store and put it in your basket the best answer is no, it's too heavy. A gallon of milk weighs the amount to make you able to do "light work".

Also, there is a website at that produces a number of books called The Guerrilla Guides to the Law. They are working on one right now on Social Security and when it is published you will want to get it because it will have all kinds of insider tips you can use to get approved. If you will go to that website and email them then they will send you an email when it is released. Most of their books are e-books and under $15 and my customers here seem to like them a lot.

Customer: replied 10 months ago.
I just got a letter from the National Hearing Center saying that my case will be heard via video hearing.
Is this a good sign? A bad sign? Or neither
Expert:  JD 1992 replied 10 months ago.

Neither. Some judges just do video hearings now and soon all of them will just do those. I've seen more approvals through video but I really don't think it has anything to do with the format.

Just be sure and prepare well. You can also consider hiring a lawyer but you may want to wait and see if that book comes out soon.

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