@CTBarrister posted: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.
I’m familiar with the medicolegal complexities of disability claims (not personally but professionally) and I too am unfamiliar with Canadian thresholds but find it interesting that here in the US, those that have ostomies are conferred protections under the Americans with Disabilities Act whereas I’m not familiar with such for pouches. It would appear ostomies are given such special status in Canada too via a tax credit. Not sure about pouches but it seems not from the comments above. Of course, disability claims for SSD are made on an individual basis and one could file based on pouch complications etc. I just find it interesting (and not medically accurate) that an ostomy is more of a disability than a pouch. To Scott’s point, I disagree. Complications are not rare and not all are easily dealt with. I would say even with a perfectly functioning pouch, needing to empty it 8x (maybe more) per day is equally as burdensome as emptying a bag. And once you factor in a poorly functioning pouch, the disability can be much greater than an ostomy. They are both artificial reservoirs for waste, one is simply out of sight. Despite this site containing a very biased cohort (those without issues don’t hang out on forums such as these), I’m discovering in my j pouch journey, both anecdotally and in literature, how common complications are, much more common than even recognized on this forum. A story to illustrate: my CRS told me I could always self catheterize and/or use enemas to empty—he has another patient that gives herself an enema in the AM and the PM then restricts what she eats during the day and it’s working for her. Would you consider this a good outcome? Statistically it is as she likely hasn’t been captured in any study, but I would say no. It’s definitely better than crapping blood uncontrollably and sometimes to a life threatening extent, but a good outcome, I don’t think so. There are innumerable examples such as this. There is also a burgeoning, now international, subspecialty focused on endoscopic management of pouch-related complications. Guess it’s to deal with all those non-issues.