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Reply to "Canadian jpouchers question!"

It really depends on the individual case. Scott is probably right that many J Pouchers have no disability. I do not know what the test is for disability in Canada, but there is a legal test for disability in the United States for Social Security disability purposes, and it's quite complicated. Even those who eventually are granted a disability usually are denied on their first application. It's complicated enough that I refer worker's compensation clients who have a suspected disability for SSD purposes to attorneys who specialize in such claims. Is it possible that a problematic J Pouch can qualify for Social Security Disability? Yes it is possible. Is it likely in most cases, probably not. The legal test for it is very fact sensitive and often depends on the quality of the treating doctors' medical opinions, which can sometimes suck, even for persons worthy of disability. I think that the OP alludes to a very general question and the answer, at least in the US for Social Security Disability, is that there are no black or white answers and every case is different.

As a personal injury attorney it's frustrating for me sometimes when I am representing an injured person and the medical reports I get from the doctors do not address all questions on the extent of disability. As attorneys we can ask that questions be addressed, but it doesn't mean we will get answers or answers we want. You can bring a horse to the water but you cannot make him drink the water or the kool aid. It can be frustrating, trust me. An attorney can be crippled by weak medical on these things (no pun intended here). Some doctors write really good analytical medical legal reports and some write reports that totally suck, and just leave everyone with more questions.

Last edited by CTBarrister
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