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Stephanie O Joy, Esq
Stephanie O Joy, Esq, Soc. Sec. Attorney
Category: Social Security
Satisfied Customers: 13563
Experience:  22+ years legal exp. - 12+ years owning/operating her own SSD Law practice.
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I have been working since my teens I have many body ackes

Customer Question

Good Day I have been working since my teens I have many body ackes and pains,throughout my body. Knees, shoulder,Hernia other shoulder has lot of crackling noises in it as well. I do not desire to continue in the work force and want to receive my benefits early i am going to be 53 years old what can i do. Thanks Wil
Submitted: 1 year ago.
Category: Social Security
Expert:  Stephanie O Joy, Esq replied 1 year ago.

Hi Wil, my name is***** and I am here to assist you. I am a social security attorney in my private practice – that is ALL I do. Please let me know that my post here is coming through for you by typing a quick reply.

Expert:  Stephanie O Joy, Esq replied 1 year ago.

Do you believe that medically, you will soon be unable to work beyond very minimal, even in a sedentary easy job? (As opposed to only not wishing to work.)

Customer: replied 1 year ago.
Hello, I am in pain all the time, back as well but I don't believe in pain medicines I just live with the pains
Customer: replied 1 year ago.
Maybe down the road after my benefits are approved, whatever the allowable salary is
Expert:  Stephanie O Joy, Esq replied 1 year ago.

If you are medically compliant (which can included pain meds, unfortunately) but nonetheless become unable to work substantially, you may be found disabled under SSA rules. If you could work if you had medically advised pain relievers, but choose not to, and without what a judge would find to be good reason, it is less likely that you'd be found disabled in a compensable way by the SSA. That is because there is a basic expectation that we, if in enough pain, would opt for medically advised pain relievers, barring a good reason why not (i.e. allergic, etc.)

But, remember, to win disability, you have to prove you are unable to work AND you must not be working beyond minimal (SGA) levels. You can't work FT and file for benefits, as you will be denied at phase one long before SSA even looks at your medical records. There are only 2 ways to collect Social Security benefits on your work record - become at least 62, or, become legally disabled. So, again, you can't work and win your claim, then stop work - you must be unable to work to prove you meet the SSD criteria, which is defeated if you are actually working. It is a bit of a catch 22.

Expert:  Stephanie O Joy, Esq replied 1 year ago.

I hope this helps! My goal is to provide you with excellent and accurate service– if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions.

Kindly rate me "excellent" when you are done. I look forward to assisting you in the future, should you have legal questions. Be sure to start future posts with "To ***** Esq., ONLY" if you want me to specifically answer it.

Sincerely, ***** ***** Joy, Esq.

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