I've been a member of the national guard and am currently on active duty in a warrior transition battalion. I originally injured myself in April 2009 by and diagnosed with cervical spondylosis and 2 herniated cervical disks. I started going to the docs right away, to physical therapy, as well as multiple spinal epidurals. Later that year, November, I then injured my knee and was diagnosed with a complex meniscal tear as well as tri-compartamental osteo arthritis, although this wasn't diagnosed until February 2010 after I couldn't run 100 meters any more (had the whole battle with getting MRIs and Xrays, just the here's som motrin, drive on). My spinal issue also continued to get worse and I was scheduled for a total disk replacement, c5-c6, and cervical fusion c6-c7.
I was assigned to the WTB in May 2010 and was told that I should file for SSDI as I was no longer doing my job as I was assigned to the WTB. I filed the claim by myself in July 2010 and supplied them with all of the medical records I had. They had sent me some information as to what jobs I had in the past 15 years and I got all of that information to them. I received my decision today that said I was denied. It states:
"You said you are diabled because of herniated discs in your cervical spine, cervical spondylosis, tricompartamental arthritis, left knee problems, and a complex meniscal tear. The medical evidence shows that while your health problems may limit you in some ways, you are still capable of performing some types of work-related activities.
We have determined that your condition is not severe enough to keep you fromworking. We considered the medical and other information, your age, education, training, and work experience in determining how your condition affected your ability to work.
We have concluded that you are able to do your past work, as it is usually done in similar jobs.
If your condition getrs worse, write, call or visit any Social Security office about filing another application."
Now since I have filed, I had another surgery because my knee was worse than it had originally appeared. I had a high tibial osteotomy and partial menisectomy on 12 October 2010. I didn't file anything with regards to this as I didn't want to start the claims clock over. Was this not the right thing to do and do I need to file a new claim for that or can I add this when I appeal the above decision?
As far as the claim being denied I thought there was some rule that if you were put into a WTB, you were considered not having gainful employment and thus qualified for benefits. Did I do something wrong with the innitial claim or maybe the adjucator was unaware?
This was filed out of the Atlanta office.
I'm sure I'll have other questions and if I need to provide more info, just let me know.