Please post all information regarding social security and social security disability on this thread.

Thanks! Sharon

Sharon if this is not an acceptable post please take it off, but there is a Social Security Disability Coalition online that has all the info anyone could ever need. I don't know if you all saw Linda Fullerton on the news recently but she founded this. Even Social Security visits her information periodically.

It is strictly the business of filing for and getting disabilty there is nothing else but good info there.
[This Message was Edited on 04/17/2008]

Social Security has come out with an official ruling because CFS is not under the Medical Listings for SSDI. It outlines what people with CFS need to show to qualify for benefits.

To get to this document, copy and paste this into your web browser: http://www.ssa.gov/OP_Home/rulings/di/01/SSR99-02-di-01.html

The Social Security Administration and its employees at all levels are supposed to consider disability claims involving CFS according to this ruling.

But you never know!

Therefore, it is definitely worthwhile to include this in your application for disability benefits and any subsequent correspondence you may have with the SSA.

P.S. Please note that one of the footnotes also mentions Fibromyalgia.



[This Message was Edited on 01/20/2009]

Here's another site worth checking out:

http://disabilitysecrets.com/

This free booklet can be printed from your computer. It is specific to CFS and FM and is loaded with terrific information.

Copy and paste this URL into your web browser: http://www.masscfids.org/publications/disability_handbook/MassCFIDS-FM_Disability_Handbook_12-40.pdf

Or click HERE.

Both methods will lead you directly to the PDF (printable) version of the booklet.


[This Message was Edited on 09/03/2008]

This site arose out of discussions among CFSers and others who were having an extremely difficult time getting benefits. It has information on LTD as well as SSD.

There's a FAQ (Frequently Asked Questions), information on filing, and other useful links.

There is also a link to the ya hoo Disinissues discussion group, where you can post questions and get answers. Disinissues is an extremely valuable resource. Many people who have gone through the process are available to answer your questions. There are also files full of useful resources and answers to frequently asked questions.

I can't give out the Disinissues site address here, but the website address with the link to it (it's the second link; the underlined word Disinissues) is: http://www.cfids-me.org/disinissues/index.html#info

You can also click below to get to the site with the link.

Disability Benefits Information Website

Remember to click on the underlined Disinissues if you want to ask your questiom there.


[This Message was Edited on 09/03/2008]

It is a yahoogroup, like this. They focus on CFS/FM, have some files you can look at and links. But the best part is you can ask questions and someone - or more - will answer you. It is called disinissues, for disability insurance issues. Someone on this group referred me to it and I love it. I feel like the "fog cleared" and someone has a map!

I received SSDI two months after I applied. (Shocking, I know!) I waited four years after I stopped working before I finally applied. That is not advisable!

Here is my advice, based on my experience.

- Before you apply for disability benefits, look at your Social Security Statement, showing your earnings history and benefits estimate, that is sent to you every year. You can get a copy at your local SocSec office if you don't know where you put yours. This is the document that shows your wages over your lifetime. Check it carefully, and get corrections made if needed. Once you apply, they will not/cannot give you this statement. I found out that my file was frozen while I had an open claim. Once it was approved, I was able to get my statement. Make sure all your work income is on there, as that determines your benefit amount.

- Apply as soon as you can and don't let the application expire. Retroactive benefits are paid for only one year back from the date of your application. It is very common to be denied twice then the third time, you appear before a judge at a disability hearing. This is where most people are approved. Don't give up!

- Build up a medical file. I used the local county's indigent care program to get free medical care since I did not qualify for Medicaid. If you need financial help to see doctors, find out if your area has this type of program. You could contact a public hospital and ask them if they are aware of any programs like the one I was on, offered by your city, county, or state. I had to submit financial information and a denial from Medicaid, so that was my first step and quite easy. You must see doctors to build a documented case for your claim.

- Give detailed examples of your limitations. One of the questionnaires is about your limitations - spend time on this, be specific about how your life has changed, how easy/difficult it is to care for yourself, your family, your house, working, sleeping, eating, showering. Mention how it affects your friendships, relations, hobbies, quality of life. I was very specific - I used several pages to detail little things even how I have to lie down after I take a shower, to rest before getting dressed.

- I registered with the Dept of Assistive & Rehabilitative Services. I insisted that I wanted to work (which I did - and still do!) I was accepted as a client, then I was sent for various evaluations to determine my limitations and abilities. Their doctors determined that I was not a good candidate for work - the money they would spend to help me work from home or have a special accommodations at a job would be wasted, as I would get too sick too soon. I was scheduled for a test of my physical ability. As it turned out, my SSDI claim was approved the week before I was supposed to go in for the testing, but I made sure that they knew my mom was coming in from out of town to care for me and my son after I crashed, since I knew I would. I requested that the testing be done over several days, but they refused. I made a big deal about that. I can't be sure, but perhaps the fact that I was willing to do the test but concerned about the post-exertion fatigue would have helped support my case if it hadn't already been approved.

Here is the website for my state, maybe you could cut and paste then change the tx to the abbreviation for your state and then hit go or enter. http://www.dars.state.tx.us/

- If you get referred to a psychologist, ask to be sent to a neuro-psychologist. The one I was sent to did the usual mental interview plus the IQ tests. She also did the hand grip test. I think this was a big key in approval of my disability claim. It proved weakness in my upper arms.

- I stressed that I would have post-exertional fatigue, and I requested an appointment the next day so they could document the change. I made a big deal about that - how the test was not fair because they were not tracking me the next day. They refused the request for the next-day retesting, but I think my concerns were noted.

- I attached the document, SSR 99-2p: POLICY INTERPRETATION RULING TITLES II AND XVI: EVALUATING CASES INVOLVING CHRONIC FATIGUE SYNDROME to my package. (The link is on the Disinissues website or here) http://www.ssa.gov/OP_Home/rulings/di/01/SSR99-02-di-01.html

- I attached a form from my state Dept of Health & Human Services on which my doctor rated me with temporary disability. My doctor was not very helpful and would not help me in any way with my medical file or write any reports, but this was a simple form that he just signed - he didn't have to write up a report. I don't know if that helped but I imagine that it did, despite its being rather lukewarm about my being unable to work.

- I had help filling out the questionnaire and I noted that. Also, I made a big deal of needing ample time to fill out any paperwork and asked my SocSec rep to send me any required forms early as it would take me forever to fill things out due to brain fog.

- I received help from the Yahoo group called disinissues. They are a wonderful group and they helped me navigate and gave me confidence. I did not use a lawyer or service. Actually, I applied to get a file open, then I was going to use Allsup or find an attorney but I was approved within 60 days so I didn't have to find help which was good as I didn't have to pay anyone.

- I don't consider my medical file having anything obvious in it - typical invisible Chronic Fatigue/Fibromyalgia. Not much testing was done - some positive viral tests and mycoplasma pneum. but that's it.

Don't give up, Marti Z.


[This Message was Edited on 04/18/2008] Added link to Dept of Assistive and Rehabilitative Services
[This Message was Edited on 04/20/2008]

P.S. Teabisqit posted information on a different thread and I rec'd permission from her to discuss it here. For the whole text and thread, search teabisquit on 4/27/2008.

She and a friend have experienced Doctors "losing" their medical records. She may now be in danger of losing her disability due to an incomplete medical record.

SUGGESTION: Make photocopies of all of your medical records especially your labwork or MRI's, etc.

I had made a list of all my Doctors, addresses, phone numbers, fax number, and the diagnosis they gave me and the year of that diagnosis. I also listed diagnosis confirmations and the year BUT I DID NOT keep photocopies of any records. I will now correct that so that I am prepared for my first review. Thanks, teabisqit!
[This Message was Edited on 04/28/2008]

Edited to add this information 6/27/08:

Just to be clear, I applied in 2005 but couldn't even fill out the questionnaire as I was too sick physically and my cognitive skills were gone. That application expired. I applied again in 2006, but since I already had the questionnaire, I had it mostly filled out by the time I applied again.

I applied with the intention of getting an attorney or Allsup (had already been in contact with Allsup). I was actually preparing everything they had asked for which took me about a year, then I reapplied in 2006. I figured I had plenty of time to get better medical records and Allsup or an attorney, when I was approved, much to my shock and delight. I was approved on two diagnoses.

Then, it took me two years to get my head on straight to try to figure out what I did.

So, what appears to be an effortless case, took 1 year beforehand to stumble through and two years after to document (because I now have Medicare, I have started some treatments so I am better cogntively).

Personally, it seems that you have to do the same amount of work whether you go with an attorney or not. You have to create a list of doctors (how does your attorney know who you have seen?), you have to fill out the questionnaire (how the does attorney know what you cannot do anymore?). My opinion is to prepare your questionnaire and doctors list and apply and hope to get approved "on the record" then you don't have to wait for a hearing. Then, if you are denied, get Allsup or an attorney. (again, my opinion, as I do not know how much of the work is done by the attorney)

I hope that the information I provided (which took two years to put down on paper) can help someone shave off some of that time and struggle.

Marti
[This Message was Edited on 06/27/2008]

great info everyone, marti_zavala what is the dept you registered to get work? ive never heard of that..should i regisiter?


[This Message was Edited on 04/22/2008]

http://www2.rpa.net/~lrandall/ssdi_fms.html

This is an excellent article with social security disability insights for fibromyalgia by an attorney:

Joshua W. Potter, Esq. is an attorney in the firm Potter, Cohen, & Samulon, 3852 East Colorado Boulevard, in Pasadena, CA 91107. ========================================================== Helping Fibromyalgia Patients Obtain Social Security Benefits by Joshua W. Potter, Esq.

From: The Journal of Musculoskeletal Medicine - September 1992

ABSTRACT: A physician's evidence and testimony may be the deciding factor in the success of a patient's application for Social Security disability benefits; however, the fact that the reports are signed by a physician will not by itself sway the Social Security Administration. Especially if the disability is related to one of the "new" or sometimes unrecognized disease entities, such as fibromyalgia, a brief unsupported conclusion that the patient is unable to work will likely contribute to denial of benefits. The physician's report must be detailed, complete, prove knowledge of the patient and the disease, and document disabilities (including physical capacities, time duration for various activities, pain, and behavioral factors). Coordination with an attorney may help make the physician's report most effective. (J Musculoskel Med 1992;9(9):65-74) The Social Security system does not easily or quickly rule favorably on a claim of disability. For patients with fibromyalgia and similar disease entities, whose very existence is often questioned, proof of disability is especially difficult. Nevertheless, by following an orderly and logical process, claimants may become eligible to receive benefits ranging between $350 and $1,000 a month until age 65, in addition to Medicare, which begins making payments 24 months following disease onset.

When you are convinced that a patient is unable to work at any job, your medical evidence may be the deciding factor in determining whether the disability claim is successful. As the treating physician, your efforts should be coordinated with the claimant and an attorney to establish that, within the Social Security Administration requirements, a period of disability did exist.

In this article, I review the claims process, with emphasis on the role of the physician. I discuss the kinds of information you may be asked to provide, the need for clear and objective statements rather than terse opinions, and the fact that the investment of a small amount of your time may be instrumental in your patient's being judged eligible for benefits.

WHAT IS DISABILITY? The Social Security Administration test of disability is "An inability to perform any substantial gainful activity because of a medically determinable physical or mental impairment which can be expected to last for a continuous period of not less than 12 months." (1) In Social Security terms, "substantial gainful activity" means work that "(a) involves doing significant and productive physical or mental duties; and (b) is done (or intended) for pay or profit." (1) A person is ineligible to receive Social Security disability benefits if he or she:

Is working (except in a "sheltered" setting), even though chronically ill

At present has the statutory ability and capacity to work

Recovered within 12 months of the onset of a disabling illness

Has no medically determinable impairment (except for one of the somatoform disorders, which are considered under a separate set of rules) (2).

THE PROCESS BEGINS The sequence of actions usually necessary for a person -even one who clearly appears disabled - to obtain disability payments is shown in the Table:



--------------------------------------------------------------------------------

Table - Steps in the process of applying for Social Security

Administration disability benefits

-------------------------------------------------------------------------------- Action Comments Initial application Filed by patient Request for reconsideration Filed by patient within 60 days of initial rejection* Chart copied Information about patient supplied by physician at the request of Social Security Administration Physical examination Performed by Social Security Administration physician Request for hearing Filed by patient within 60 days of rejection of request for reconsideration Chart update, report Supplied by physician Trial A new determination; attorney and physician participate Appeal Filed by the attorney with the Appeals Court within 60 days Suit Filed by the attorney with the United States District Court within 60 days (Attorney must have license to practice in District Court.)



--------------------------------------------------------------------------------

If the 60-day time limit is not met, the process is ended and a new application must be filed.

--------------------------------------------------------------------------------

Physicians should advise every patient of the option to file for Social Security disability benefits when that patient has not been able to work because of illness for 12 consecutive months. Indeed, an application may be filed as soon as it appears that the duration of disability will exceed 12 consecutive months. Often such a prognosis may be made within 6 months of disease onset, and at that time the filing process for Social Security disability benefits should commence.

A person who has worked and paid Social Security taxes applies for Social Security Disability Insurance ("Title II"), and a person of limited income and resources receives disability benefits through Supplemental Security Income ("Title XVI").

Claims for Social Security disability benefits are made at the local Social Security District Office, either in person or by telephone (800-772-1213). Initial filing - which asks about the nature of the disease, name of the physician, and vocational background - is made by the claimant; physicians and attorneys are not involved at this time. It is the filing of a claim that alerts the government to a person's inability to work.

Once the initial claim is filed, the Social Security Administration gathers by separate inquiry three types of information:

Medical - initial description of medical condition, including capacity for lifting, walking, sitting, and standing (3)

Vocational - description of past work; date last worked

Administrative - proof of citizenship and, possibly, insurance status A response by the Social Security Administration may take as long as 6 to 8 months. The application will be analyzed by both a nonphysician and a physician who review medical and vocational issues for the Social Security Disability Determination Services, a state agency that works under a contract to the Social Security Administration. (4) The physician-reviewer is usually not a practicing clinician and may have had no training or experience in the medical field under discussion.

Initial applications for disability benefits are routinely denied, and your patient should be prepared for initial denial. The language used by the Social Security Administration is consistent regardless of the details of the particular case, with no flexibility for individual situations. The denial usually observes that the claimant appears to be able to move hands and arms and to stand, but leaves open the possibility of reapplication if the patient's condition worsens.

APPEALS An appeal of the initial unfavorable determination must be made to the Social Security Administration within 60 days of its mailing. This time limit is jurisdictional, which means that Social Security will not have a legal basis to hear the matter if the filing is late.

The appeal, which is not a new application, is called a "request for reconsideration." The filing may be made at the Social Security Administration District Office or through the offices of an attorney who practices in that field. The attorney will charge 25% of back benefits - moneys that would have been received if payment of benefits had begun at the onset of illness - and may not by law charge or receive a fee without approval by the Social Security Administration.

The request for reconsideration triggers a request for additional information about the disease, medical providers, and treatment. Information about undisclosed impairments is invited, and questions about activities of daily living are posed. The physician is requested to submit the patient's medical chart, but is not apprised of the rules and criteria for disability.

Following a request for reconsideration, the claimant may be referred for an independent medical examination by a physician under contract to the Social Security Disability Determination Service. Frequently, waits are long, examinations are brief, and medical records are not available for review by the Social Security Administration physician, who is paid approximately $88 for the examination and report.

The examination data are reviewed in the same manner as the initial application and, again, denial of benefits is the usual result. There is no requirement that Social Security act on a request for reconsideration within a given number of days. (For example, in California, the wait is approximately 7 months.

The denial usually contains suggestions for alternative work possibilities, which may bear no relationship to the applicant's work history or experience. The job titles offered may include such examples as coil winder and doll stuffer; the titles are found in the Dictionary of Occupational Titles. The claimant should be aware that the suggestion does not necessarily have to be acted on but, rather, should be considered merely as a step in the process of obtaining disability benefits.

REQUESTING A HEARING Following denial of the request for reconsideration, a "request for hearing" may be filed. This is an appeal of a prior unfavorable determination, not a new application. Filing must be within 60 days, which is jurisdictional.

The request for a hearing will result in a trial before an administrative law judge, probably within 4 months of filing the request. The trial is a new determination, wholly independent of the previous administrative decisions. It is at the trial level that experts in forensic medicine and trial advocacy are needed.

At the hearing, which is evidentiary (oral and written evidence is used), the patient is given an opportunity to testify regarding symptoms, past work, and residual functional capacity. The physician should provide a narrative report, after reviewing the chart and the Social Security Administration criteria for disability. For this hearing, the medical provider and attorney must work in close cooperation. The judge usually does not have the background to be able to extract from the medical evidence a finding of disability, and will be guided by clear forensic medical reporting and by testimony by the patient.

If the trial results in a finding that the claimant is not disabled, an appeal to the Appeals Council may be made within the jurisdictional 60 days. The Appeals Council decision, usually issued within 7 months, is likely to affirm the decision of the trial judge. An unfavorable Appeals Council decision may be appealed by filing a suit in the United States District Court. This is an area of great legal complexity, and an attorney must be licensed in order to appear in District Court.

The District Court may reverse the decision of the administrative law judge, but more frequently it returns the matter for a new hearing (a remand). This trial is based on the initial application filed in the district office, which clearly should be as complete and correct as possible. It is not uncommon that 2 years will have elapsed between the initial application for disability benefits and the district court ruling. All the while, the Social Security Administration has provided neither stipend nor payments for Medicare to the unemployed claimant.

THE ROLE OF THE PHYSICIAN The physician's role in the application process is shown in "Steps for the physician assisting in a disability claim."** The key to a successful disability claim is the medical report. However, success ultimately arises out of the mix of medical evidence, law, and testimony. Seldom will disability benefits be granted if any of these elements is deficient.

Establishing a medically determinable condition is the shared province of the treating physician, the attorney, and the patient. Case law and regulations require clearly articulated medical findings. The administrative law judge faces a heavy burden to disregard the opinion of the treating physicians on all issues save the ultimate issue of disability.

Occasionally a judge disregards the opinion of the treating physician, and that decision is likely to be overturned on appeal. Other judges follow proper procedure and practice and base decisions on the physician's testimony. The quality of the medical chart and report is, thus, of extreme importance. (6)

Physicians who wish to assist their patients in establishing disability must become familiar with the body of regulations that the Social Security Administration uses to evaluate medical conditions. These rules are known as the "Listing of Impairments," (7) which constitute a keystone in the disability process. The listing is contained in the booklet "Disability Evaluation Under Social Security," available from the Office of Medical Evaluation of the Office of Disability, SSA, 6401 Security Boulevard, Baltimore, MD 21235. This office is the source of all Social Security information pertaining to medical issues.

There is no specific listing for fibromyalgia or many of the other diseases that have gained recognition recently or whose existence as a disease is under debate. This, when assisting a patient disabled with such a disease, physicians should consider whether any other listed criteria apply. For example, chronically ill patients who are afflicted with fibromyalgia frequently manifest many of the criteria for psychiatric disability (listing 12) or have somatoform disorders (listing 12.07). (6) Basing an appeal on one of these criteria may be inelegant but appropriate.

When a patient meets the qualifications of a listing and the treating physician provides only a conclusion of disability, unsupported by the medical record or factual bases, failure to attain disability status is assured.

MEDICAL RECORDS Disability claims that arise from diseases such as fibromyalgia mandate the most scrupulous and detailed medical charting, if the application for benefits is to succeed. Chart entries for fibromyalgia and similar diseases often are brief and incomplete, reflecting the poor doctor-patient relationship with these patients, who may be impatient for relief and disillusioned with physicians.

A hastily written chart note will not support a physician's later statement that a patient is unable to sustain regular and substantial employment. Even the structured "symptoms, observations, assessment, plan" (SOAP) format is inadequate to convey the sequelae of a complex disease such as fibromyalgia.

When a physician recognizes that a patient may become a candidate for Social Security disability payments, chart entries should be made in detail. Not only are height, weight, and blood pressure essential elements in charting, but also adaptive reactions, physical capabilities, and functional deficits must be noted.

Every patient visit should result in entries concerning physical capabilities for lifting, bending, and carrying (verified with measured weight); time durations for sitting, standing, and walking (by history); psychosocial and adaptive behavior, including the ability to interact appropriately with others, follow instructions, and adhere to a regular schedule; and the complex of depressive symptoms.

Although this may seem to be a heavy reporting burden, with a properly designed chart this information can be quickly set forth. At a trial, the value of such a contemporaneous and complete record is immeasurable.

PAST WORK In gathering reports for a Social Security Administration disability claim, the focus must be on establishing the presence of a medically determinable condition that prevents substantial gainful employment. Substantial gainful employment has two aspects: past work and all other work.

Essentially, to be found disabled, a person must be not only incapable of performing past relevant work but also unable to perform all other work (the rules change for persons over age 50). Although this requirement may appear to be an insurmountable barrier, disability can be demonstrated with consistent, accurate, and complete medical reporting.

Almost any employment requires regular attendance, the ability to concentrate and follow instructions, and appropriate reactions to supervision. Postural requirements such as walking, lifting, and standing are also considerations. A Claimant's case is greatly furthered by a report that reads: "Patient's past work required sitting all day, analysis of complex data, and lifting to 10 lb. Now the patient can sit a maximum of 20 minutes, cannot concentrate because of medications and pain, and is always exhausted because of lack of sleep. Patient is irritable, argumentative, and misses appointments. Measured lifting is now to 3 lb. Cannot and should not work..."

Such a notation provides the attorney the opportunity to develop testimony at the administrative hearing. Conversely, a notation of "complains of pain, treatment continues" virtually guarantees nonpayment of a claim to Social Security for disability.

Diseases with a profile of alternating acute and remissive states should be reported in their totality, and the temporal relationship between acute and remissive status noted in the chart. The Social Security Administration has been known to deny a claim of disability because the 12-month duration requirement was not met as the result of 1 month of improvement during the seventh or eighth month of illness.

NARRATIVE REPORT Attorneys often request the treating physicians to prepare, for the hearing, a narrative report, which is central to the development of the claim. This report is most effective when the legal issues to be discussed are identified by the attorney.

The narrative report should follow the familiar forensic format:

History - a description of work history, demonstrating familiarity with the patient's past work, including its physical and intellectual demands Examination - reference to the patient's medical chart, including a report on pain and the side effects of pain medication; an assessment of mental health; a report on measured physical capacity (capacities based on regular, sustained effort); physical findings, including reference to tolerance for sitting, walking, and lifting Discussion - a review of objective physical test results and clinical observations; a discussion of pain, specifying the activities that exacerbate the pain; support for your prognosis accompanied, where applicable, by an indication that you have seen many similar cases and are familiar with the pathology of the disease; assertions, if true, of your expertise in this field that the complaints are credible, and that the patient is not malingering or seeking secondary gain; as well as a statement strongly conforming the diagnosis and stating that the symptoms are consistent with the signs and diagnosis. A complete narrative forensic report supported by a good chart need be only two to three pages long, requiring perhaps a half hour of dictation. This report can make the difference between a rejection of the claim of disability and thousands of dollars of needed benefits for your patient.

IN-PERSON TESTIMONY Testimony from a treating physician greatly increases a patient's chance of success at the disability hearing. An administrative law judge gives serious consideration to live medical testimony, especially when deciding about a disease, such as fibromyalgia, that is not yet on the list of impairments. Testimony is most effective when supported by a complete and detailed chart and when the testifying physician has a clear understanding of the Social Security system, the formalities of disability proof, the relationship of age to the listed disorders, and vocational considerations.

Careful preparation with the patient's attorney is required for the testimony, which is likely to take a half hour. Judges often accommodate a physician by allowing testimony out of order, thus speeding the process. Not every case, of course, calls for live physician testimony. The attorney is best able to make such a strategic assessment.

DISABILITY ECONOMICS Social Security disability benefits range between $350 and $1,000 per month, and Medicare begins 24 months after onset of disease. (8) The amount of Federal Insurance Contributions Act (FICA) tax paid by the patient while employed determines the amount of benefit.

In my experience, persons who claim disability due to fibromyalgia are typically bright, articulate women who have excellent earnings records. Past work is usually in middle to upper management and is generally well-paid for the geographic location. Because such patients have had high FICA payments, they will likely receive $750 to $1,000 per month until age 65. At that time, the disability payment comes from regular Social Security retirement, without penalty for early retirement or quarters of no income subsequent to the onset of disability.

In addition to ongoing monthly benefits, most fibromyalgia patients receive substantial retroactive moneys. Social Security benefits begin with the sixth month following the cessation of work activity. The first 5 months of benefits are retained by the government as a "waiting period." It is not uncommon for more than 24 months to have elapsed before a favorable determination.

Because of delays during the filing process, early recognition of disability and early filing are important: disability benefits are payable as of 1 year before application; Supplemental Security Income is payable from the application date.

------------------------------------------------------------ ** Steps for the physician assisting in a disability claim: 1. When it becomes clear that the patient will be unable to perform any work for at least 12 consecutive months, suggest that the patient apply to the Social Security Administration for disability payments. 2. Make sure that all entries on the patient's chart are complete and detailed. 3. Once the application and appeals processes have been exhausted and a hearing is scheduled, work with the patient's attorney to prepare a narrative report on both the patient and the illness causing the disability. 4. Prepare, with the attorney, testimony to be presented in person in court. ------------------------------------------------------------ REFERENCES: 1. 20 CFR 404.1505. 2. 20 CFR 404 Appendix 1, Rule 12.07. 3. 42 USC 423(B). 4. 20 CFR 404.1503. 5. 20 CFR 404.1519(A-P). 6. Murray v Heckler, 722 F2d 499 (9th Cir 1983). 7. 20 CFR 404 Appendix 1. 8. 42 UCS 426(F).

http://www.ssa.gov/disability/professionals/bluebook/

Did you know that not every illness/sickness, no matter how severe, qualifies for SSDI benefits? Well, they don't.

SSDI has a list of Eligible Impairments. Copy and paste the above website into your web browser and then click on the lists in the left margin to see the list impairments. Note that SSDI has administrative provisionals beyond these. I have not yet found a list of them. The good news is that CFS has one. FM is mentioned within it by reference. That provisional is listed in an above post by board member "Mezombie". http://www.ssa.gov/OP_Home/rulings/di/01/SSR99-02-di-01.html

Know that when you submit your SSDI application, it strengthens your claim to list impairment(s) from the SSDI's blue book list of eligbile impairments. Most, if not all, applications not listing at least one list eligible impairment, are likely to be denied on first submission. It is a checklist review against these qualified impairments. That is why there is such a high (over 75%) denial rate on 1st applications!

One category, one you will NOT like, but should know about is the mental disorders category. Check out the symptoms given and you will see many of the symptoms given are the same ones most CFS/FM patients experience with cognitive, memory, depression, anxiety, etc. This category for obvious reasons some will find offensive. If so, ignore it and please do not disrupt the value of this thread by arguing your views against it. This thread is for informational post helps. If you feel you must comment about it, please start a new thread on the main board below so this thread doesn't get inadvertently hijacked by this hot button issue. The information is here to help those who need know. If that's not you, smile and move to the next post:)

Denied applications can be appealed, and good attorney can advise you and help qualify you under a list eligbible category for comparative disability symptoms. This phase can be difficult. That is where having an experienced attorney with a track record can help you. *********************************************************** The following information is from another website by an M.D. who was an SSDI medical consultant. It provides more specific information about the importance of the Eligible List Impairments, and how it can disqualify your claim. It is very important to understand at least one of the conditions you list on your application must be SSDI's List Eligibile Impairments. See Step 3 below!

[Source: http://www.disabilitydoc.com/sequential-evaluation]

Sequential Evaluation:

To decide if your condition meets Social Security’s definition of disability, Social Security takes your claim through a process called a “sequential evaluation.” Think of the “sequential evaluation” as five questions asked in a specific order. Depending on each answer, Social Security decides if your claim can move to the next step in the disability evaluation process. All questions relate to your disability and how it affects your ability to work.

The five-step sequential evaluation asks:

Are you working? Is your condition "severe"? Is your condition found in the list of disabling conditions? Can you do the work you did previously? Can you do any other type of work? At step 1, if you are currently working, Social Security looks at your income; and if you are making over $900 a month in 2007, your claim is denied. If you are not working, or you are not earning over this amount, your claim goes to the next step.

At step 2, your disability caseworker checks to see if you have a “severe” impairment, which is a medical condition that has more than a mild affect on your ability to work. If you don’t have a “severe” impairment, your claim is denied. If you do have a “severe” impairment, your claim goes to the next step.

At step 3, your disability caseworker checks to see if your medical condition is found in Social Security’s “Listing of Impairments.” This is a list of mental and physical conditions with certain medical findings considered bad enough to prevent a person from doing any significant work activity. This means that if your condition matches, or closely matches, the description of a listed condition, you will be found medically disabled. If it doesn’t, your claim goes to the next step.

To see a copy of the “Listing of Impairments” for adults, click on the link below

Adult Listings

By step 4, a medical doctor and/or a mental doctor who works in the Disability Office will most likely have reviewed your case. Since, by this step, it has been decided that your condition does not meet or equal a listing, this doctor must provide a set of limitations caused by your current medical condition. After reviewing your medical records, this doctor describes your current limitations on a “Physical Residual Functional Capacity Assessment” (RFC) form for physical conditions. There is also a form for mental conditions, which is not discussed in this article.

To download and view the physical RFC form as a fill-in-the-blank Word template, click on the following link:

Physical Residual Functional Capacity Assessment

The residual function form describes functional limitations in terms of sitting, standing, walking, lifting, carrying, bending, crouching, crawling, kneeling, climbing, feeling, handling, fingering, reaching, seeing, communicating, and environmental restrictions. It tells your disability caseworker the most work activity you can do on a sustained basis in an 8-hour work day. Your disability caseworker compares the functional limitations described in this form to the description of physical and/or mental abilities required for jobs you did in the past fifteen years to see if you can still do these jobs. If you can still do them despite your current limitations, your claim is denied and you are returned to past work. If you can’t do these past jobs because of your current limitations, your claim goes to the next step.

At step 5, your disability caseworker looks at your current limitations (RFC), your age, education, and any skills you may have learned during your last fifteen years of employment. All of this information is combined under Social Security’s rules to decide if you can do any other type of work.

This might sound confusing, but remember that Social Security’s definition of disability says you must be unable to perform past work and any other work. Just because you can’t do your past work does not mean you can’t do other work. You might have done some past jobs where you learned skills that can be transferred, or used in other jobs. If so, your disability caseworker may decide that you can use these transferable skills to do less strenuous types of work than you have done in the past.

If your disability claim makes it to step 5, you can see why it is so important to complete all forms correctly, including the “Work History Report” form, as it should tell your disability caseworker exactly how you performed past work, including any skills you may or may not have learned.

Social Security feels that someone who has a higher education and is less than fifty years old has a greater ability to learn to do a new job than someone who is over fifty years old and has a limited education.

Based on all of these issues, if it is found that you can’t do your past work and can’t do any other work, your claim is allowed at step 5. If you are found disabled at step 5, your file is returned to your local Social Security office, and you are sent a letter telling you about your benefits. If you are found “not disabled,” Social Security will send a letter telling you why your claim was denied.
[This Message was Edited on 05/10/2008]

http://www.anapsid.org/cnd/disability/ssa.html

This site has LOTS of direct links so you need to copy/paste the above into your browser to access the links.

Here is a brief overview: Melissa Kaplan's Chronic Neuroimmune Diseases Information on CFS, FM, MCS, Lyme Disease, Thyroid, and more...Last updated April 19, 2007

Social Security, CFS and FM Compiled by Melissa Kaplan

The most important factor that people with CFS, FM, chronic pain, MCS and similar disorders have a problem understanding is that just being diagnosed with one of these disorders is not enough to qualify for disability. Instead, SSA looks for documentation of functional impairment. It is not enough that you cannot do your former job: the question is can you do any job and earn enough money to support yourself. (Note: what SSA considers "enough" to support oneself in reality hovers at or below the official poverty level, which, depending on which side of that level you fall on, may or may not make you eligble for Medicaid, HUD housing assistance, and food stamps.........................{see links on website above}

Hi bdtmu

The office was called Department of Assistive and Rehabilitative Services - DARS (looked it up to get the spelling right). I will change my original post above.

Their purpose is to get people working again who may need help due to health issues or restrictions such as disabled people or someone injured and needing a special chair in order to work.

Here is the website for my state, maybe you could cut and paste then change the tx to the abbreviation for your state and then hit go or enter. http://www.dars.state.tx.us/

Marti

Copied this from post from caledonia to request from fieldmouse on another thread Bell's CFS Disability Scale 04/20/08 03:36 PM. I thought it was a great post, so I hope it was okay that I posted on this thread.

Marti

Bell's CFS Disability Scale

This scale is from The Doctor's Guide to Chronic Fatigue Syndrome, by David S. Bell, MD, pages 122-123. Addison-Wesley Publishing Company, Reading, MA. Copyright © 1994, 1995

The attempt is to document as accurately as possible the severity of symptoms, the degree of activity impairment with both activity and rest, and the functional ability regarding full-time work.

100 No symptoms at rest. No symptoms with exercise; normal overall activity level; able to work full-time without difficulty.

90 No symptoms at rest; mild symptoms with activity; normal overall activity level; able to work full-time without difficulty.

80 Mild symptoms at rest, symptoms worsened by exertion; minimal activity restriction noted for activities requiring exertion only; able to work full-time with difficulty in jobs requiring exertion.

70 Mild symptoms at rest; some daily activity limitation clearly noted. Overall functioning close to 90% of expected except for activities requiring exertion. Able to work full-time with difficulty.

60 Mild to moderate symptoms at rest; daily activity limitation clearly noted. Overall functioning 70%-90%. Unable to work full-time in jobs requiring physical labor, but able to work full-time in light activities if hours flexible.

50 Moderate symptoms at rest; moderate to severe symptoms with exercise or activity; overall activity level reduced to 70% of expected. Unable to perform strenuous duties, but able to perform light duty or deskwork 4-5 hours a day, but requires rest periods.

40 Moderate symptoms at rest. Moderate to severe symptoms with exercise or activity; overall activity level reduced to 50%-70% of expected. Not confined to house. Unable to perform strenuous duties; able to perform light duty or deskwork 3-4 hours a day, but requires rest periods.

30 Moderate to severe symptoms at rest. Severe symptoms with any exercise; overall activity level reduced to 50% of expected. Usually confined to house. Unable to perform any strenuous tasks. Able to perform deskwork 2-3 hours a day but requires rest periods.

20 Moderate to severe symptoms at rest. Severe symptoms with any exercise; overall activity level reduced to 30%-50% of expected. Unable to leave house except rarely; confined to bed most of day; unable to concentrate for more than 1 hour a day.

10 Severe symptoms at rest; bedridden the majority of the time. No travel outside of the house. Marked cognitive symptoms preventing concentration.

0 Severe symptoms on a continuous basis; bedridden constantly; unable to care for self.

what is time limit from time you stop working to file for ssdi? i had to quit job about a year ago, i thought if i took time off and rested that i would get better i know i wouldnt be able to do my job again but thought i could do sometimg....and i cant. i read on a post that there is a time limit and im scared now because i thoguth it get better and have gotten worse

you are eligible to start filing the SSDI process 5 months after your last day worked.

you must have 20 quarters worked continuously in last 5 years. the longer you procrastinate, it shortens the time you have to file.

good luck!
[This Message was Edited on 04/23/2008]

ive worked for 18 yrs straight..differet jobs..but straight 18 years.

it has been a year since i had to quit is it too late to file?

Please, do not stop this thread.

There has been people who have filed 3 and 4 years later, so it doesn't appear you become ineligible for filing later.

However, filing later does affect your backpay. My understanding is that your backpay will only go back 1 year from the date you filed. If that understanding is incorrect, I encourage others to correct this, thanks:)

Disability rules etc, though I do getthe information told here. My question is do housewives ever get awarded benefits? I have a very limited amount of paid into Social Security because most of my life I was a housewife with just periodic work outside the home, mostly like Christmas times or when we needed extra money for something major over the years.XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXNow however, at 61, my husband who has always worked construction, is out of work due to the slow down in new home building. ANY amount of income would help us now. He would qualify for Disability but no way could we afford for him to be not looking for work as we have house payments and all the other expenses most people have. He can't work but HAS to..and as a foreman, as he has been for the last many years, the work was something he could manage to get through.XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXI've also heard that you can't accept help from family and friends during the waiting period to get Disability, so never can understand how people live; housing, food, utilities, gas and all the other things that are just necessities while you wait. And from what I've seen on this board it can end up YEARS of waiting. HOW do people manage? Bambi

I don't remember seeing anything about not getting any help from family and friends for SSDI. When you are homeless what do you do?

You get disability, SSDI, if you are disabled and have worked the sufficient number of credits in the system. Your spouse could earn a zillion dollars and it doesn't affect it.

Now SSI is different, that is temporary money to hold you over until you get disabiltiy (SSDI). They do look at your assets, etc. AND you do have to pay that back once you get SSDI or you get refused. They deducted what I got for SSI from my SSDI backpay.

As a housewife, you may not have paid into the system sufficient quarters. It is not fair as that it a noble profession. My sister was in the same boat. I had to work as a single mom so I had enough quarters in.

Go down to the social security office and ask. That can't hurt. If you want to get SSI to tide you over, you have to meet the income guidelines but no such guidelines exist for SSDI. You have to meet the quarters guidelines and the medical guidelines.

Marti

Does anyone know what would be an important part of the medical records?

I obtained copies of a couple of my Drs. records just to look through for my benefit. The only documents I see are 1. the written documentation for each visit, what meds. I'm on, and the plan. 2. Some reports from other Drs. when I had tests run, and of course lab reports.

What do you think would be the most important part for the Judge and SSA?

Would they look at your vital signs for each visit; would they look for notes from the Drs., which were NOT in my files, except reports from other Drs. about tests, etc.

I guess I'm wondering when the judge looks at the medical records, what are they looking for?

Thank you in advance,

BlueSky

Also, my medical records are 2 files thick at one of my Drs. and rather thick at another. That will take some time to go through them.
[This Message was Edited on 04/26/2008]

It would be best if you could get your doctor to draft a letter to SSA explaining why you aren't able to work.

Please check out the links in this thread. I'm sure at least one of them has a sample letter.

Good luck!

I have been denied for SSD at the appeals level. I'm am using ALLSUP which is a company representing people filling for disablilty.

Does anyone know what my chances are......now I have to appear before a judge. I know I can't work due to fatigue, migraines, pain but for some reason I can't seem to get that across to SSD.

froggyfog

I rec'd my approval letter yesterday. The judge's ruling was: the claimant has the following severe impairments: generalized anxiety disorder degenerative disc disease fibromyalgia chronic fatigue syndrome Hope this helps It took me 15 months and i didn't have a lawyer. Good luck

froggy frog, You are now at the third level and this is where most people get approved. Try to make sure your file is as complete as you can make it. YOu can still add info to your file.

Please check out my post and try to see what you can add to reduce chance of denial.

Hang in there. Marti

I have finally gotten my disability. I got it less than a yr ago. I recieved back pay from the first time I applied. I got 3 yrs worth of back pay. sincerely Joy

I was going on not being able to get help from friends and family by a friend in Florida. Before her husband died he was on SSDI and she was able to work only a few hours on the weekends. Had she worked any more or made any more $$ it would have been deducted from his checks. XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXThen when he died and before she got on herselfshe was told she could only accept certain kinds of help ie: food stamps, Medicade (or whatever their state medical program is) etc..but not help with most other things like money for rent, car payment etc from family or friends.XXXXXXXXXXXXXXXXXXXXXXXXXXXXAt the time it sounded like it was almost wanting people to sneak help in order to prevent them from being able to wait out the long wait to get a judgement in a person's favor for benefits. I personally was told I could go on my husband's work record IF he ended up on SSDI himself..but wouldn't get a full benefit amount like he would get. The rules and all are VERY confusing, especially to those of us who may have "fog" problems etc.. And when I hear of people who just got their benefits FINALLY after 4 or 5 YEARS it is mind boggling to me how they survived it all! Bambi

This is a long statement but really informative. Please read.

Statement of Colleen M. Kelley, President, National Treasury Employees Union, To the House Committee on Ways and Means April 23, 2008 Good morning Chairman Rangel, Ranking Member McCrery and Members of the Committee on Ways and Means. My name is Colleen M. Kelley and I am National President of the National Treasury Employees Union (NTEU). NTEU represents over 150,000 federal employees in 31 agencies. Among them are the nine hundred Attorney-Advisers and other staff members in approximately 110 Office of Disability Adjudication and Review (ODAR) Hearing and Regional Offices across the United States. Our union has long been troubled by the unacceptable backlog of cases before ODAR and believes that prompt congressional action is needed to resolve this crisis in service to the American public, particularly those disabled Americans applying for earned social insurance benefits. Disability adjudication at SSA has a long and troubled history. The current problems with the SSA disability program began in the early 1990s when the cases pending at OHA hearing offices rose from approximately 180,000 in 1991 to approximately 550,000 in mid-1995. Currently over 750,000 cases are pending at ODAR hearing offices and processing times in 85% of all hearing offices are in excess of one year. However, a quick review of the history of the number of cases pending at ODAR demonstrates that the backlog problem is not altogether intractable.



The number of cases pending at OHA hearing offices declined from 1995 through 1999, and in fact by the end of FY 1999 there was no longer a backlog, since 300,000 cases was deemed to be the optimum number of pending cases for efficient adjudication. The decline in pending during that time period is the direct result of the over 220,000 decisions produced by initiatives included in the Short Term Disability Program (STDP), the vast majority of which were produced by Senior Attorneys. The Hearing Process Improvement program (HPI) ended the Senior Attorney Program. The demise of the Senior Attorney Program and the rise of the backlog were not coincidental and are illustrative of the management deficiencies that have plagued the disability program.

Over 750,000 cases are currently pending at ODAR hearing offices. This translates into an average processing time of 510 days at ODAR. Even this is somewhat misleading. Currently, the average processing time for a case that proceeds through an ALJ hearing decision is 553 days. In the Chicago Region the average processing time through an ALJ hearing decision is 727 days; 3 days short of two years. Even these unconscionable numbers do not include the time the case was at the State Agency for an initial and reconsideration determination. To further darken the picture is the specter of significantly increased receipts resulting from the aging “baby boomers” and the less than robust national economy. Unless decisive action is taken now, the dysfunction of the disability system may lead to the public’s loss of faith in Social Security.

The salient fact about the current SSA disability adjudication process is that it is unconscionably slow causing untold harm to some of the most vulnerable members of society. None will dispute that the public deserves far better service than SSA is presently providing. The current situation is both a failure of adequate funding and of proper planning and management.

Additional resources are very much needed as well as a reform of an inefficient adjudicatory process characterized by an insufficient number of adjudicators and the misuse of those adjudicators. Requiring an Administrative Law Judge (ALJ) to adjudicate each and every case at ODAR hearing offices is grossly inefficient and extremely expensive. Many cases (dismissals, fully favorable on-the-record cases, and requested closed period cases) can be disposed of without ALJ involvement.

Given the underfunding of the agency, SSA is under an absolute duty to use what funding it has as efficiently as possible. This year Congress has provided greater funding, and SSA has decided to use part of that increase to hire 175 new Administrative Law Judges; unfortunately, SSA has not seen fit to provide adequate staff to support these new ALJs. Recently, SSA conducted the largest hiring of ALJs (135 ALJs) in this nation’s history, and intends to hire at least 40 more ALJs before the end of the fiscal year. Certainly, the hiring of such a large number of new adjudicators will have an impact on SSA’s disability backlog. However, the number of support staff for ALJs in ODAR was critically low before the recent hiring. While it is not altogether clear how many additional support staff SSA intends to hire this year, even the most optimistic projections (143) are grossly inadequate. Hearing offices were critically understaffed before the acquisition of as many as 135 new ALJs (and 40 more to be added this fiscal year) and are in far worse position now.

In his recent response to questions from the House Appropriations Committee, the Honorable Ronald G. Bernoski, President of the Association of Administrative Law Judges, stated that a judge could not perform his/her work in isolation and the support of sufficient competent and trained staff is essential. He further indicated that adequate staff included 2.5 attorneys and 2.0 clericals for each ALJ. While hiring a large number of new ALJs “looks good”, unless they and the current ALJs are properly supported, a reasonable return for the expenses incurred simply will not happen.

Without sufficient staff, SSA cannot prepare enough cases to fill the dockets of the ALJs or timely prepare and issue the written decisions. More ALJs without more staff will mean even more unfilled dockets, decreased ALJ productivity and wasted SSA assets. It is prudent, if nothing else, to use remaining funds to hire the necessary staff to make current ALJs productive.

No doubt part of the reluctance to properly staff ODAR hearing offices is the Administration’s commitment to “contracting out” many inherently governmental activities. Additionally, the Agency places a great deal of emphasis on the benefits of automation in improving Agency operations. The GAO Report of December 2007 reported that many SSA senior managers and ALJs recommended a staffing ratio of 5.25 support staff to administrative law judge. It also indicated that the recommended staffing ratio could change as SSA implemented planned automation initiatives intended to improve the hearing process and increase efficiency. In many instances this emphasis on automation may well be justified, but in other areas experience has shown its relative merits are questionable. Automation may improve the situation over time, but the fact of the matter is that SSA automation initiatives rarely, if ever, come in on time, and even more rarely deliver what was promised.

SSA is also committing funds to establishing “National Hearing Centers”. The first is already operational in Falls Church, VA; the Commissioner recently announced a second to be situated in Albuquerque, NM, a city that already has a hearing office. It is not clear what operational efficiencies are achieved through the establishment of these adjudicating entities that are not already and better served at hearing offices. Certainly the capacity for conducting video-conference hearings already exists in nearly every current hearing office to facilitate conducting remote hearings and for adjudicating temporary excess workloads. The centralized nature of National Hearing Centers will alienate the public and further damage the Agency’s credibility. For more than seventy years SSA has strived to maintain face-to-face contact at the local level with the public it serves. This is one of the factors that separate SSA from the majority of federal agencies. National Hearing Centers would significantly weaken the bond between SSA and the public it serves.

The advent of the electronic hearing folders facilitates movement of cases to other hearing offices as easily as to a National Hearing Center. There is no operational justification for the establishment of such centers. Moreover, their unique staffing structure emphasizes the Agency’s commitment to achieving its political goals over providing high quality service to the public.

Interestingly enough, in addition to hiring new ALJs, SSA has already commenced a program that if properly implemented will eliminate the backlog. Commissioner Astrue has reinstituted a version of the old Senior Attorney Program that was responsible for eliminating the disability backlog in the 1990’s. Not surprisingly, the current program, the Attorney Adjudicator Program, is proving to be a success in spite of some ill-founded limitations. However, since its commencement, improvements have been authorized and its scope expanded. Nonetheless, it is this program with further modifications and additions that shows the way to an adjudicatory process at ODAR that is both effective and fiscally responsible.

Judge Bernoski has noted on numerous occasions the necessity of reducing the number of cases that proceed to an ALJ hearing. In his response to questions from the Appropriation Committee he stated, “Social Security can no longer have over 90% of its disability cases continuing on to a full hearing before an administrative law judge.” Judge Bernoski further stated “nowhere in our judicial system is a judge required to take to hearing such a high percentage of cases compared to the total docket.” NTEU absolutely concurs.

The simple fact of the matter is that neither a hearing nor an ALJ is needed to dispose of every case. By relieving ALJs of the responsibility for adjudicating cases which do not require an ALJ, the ability of ALJs to focus on those cases requiring their expertise can be enhanced. That is the rationale behind the Attorney Adjudicator Program.

Attorney Adjudicators, who have limited decisional authority, augmenting the ALJ corps constitute an effective and fiscally responsible adjudicative process. The one area of controversy involving the former Senior Attorney Program, decisional accuracy, is not a problem with the current program. Initial accuracy figures for the Attorney Adjudicator Program show an accuracy rate of 95%.

Experience has demonstrated that between 25-40 % of claims appealed to ODAR hearing offices could result in fully favorable decisions without an ALJ hearing. Additionally, 15-17% of cases appealed to hearing offices are dismissed, many because of abandonment by the claimant or technical defects. Very few of these cases require ALJ involvement. Such dismissals should be handled by Attorney Adjudicators thereby freeing the ALJ to adjudicate cases requiring an ALJ decision. Consequently, 40-50% of appeals to ODAR can potentially be adjudicated without the involvement of an ALJ.

The success of the former Senior Attorney Program in eliminating the backlog of the 1990’s and the very favorable beginning of the current Attorney Adjudicator Program render arguing the merits of the concept of attorney adjudication unnecessary. Management has recently announced a significant increase in the number of Senior Attorneys that will further increase the capacity of the current Attorney Adjudicator Program.

Nonetheless, despite the promise of the Attorney Adjudicator Program, the current crisis is of such magnitude that additional changes are required if SSA is to get control of the backlog problem within an acceptable timeframe. Recently, the Agency announced an increase in the number of Senior Attorneys to 450; a net increase of 81 positions. However, the time allocated to case adjudication is typically 25% or less. At this rate, the Agency expects approximately 30,000 fully favorable adjudications this fiscal year. While this may temporarily stem the increase in the pending cases, its long term effect, even considering the augmentation of the ALJ Corps to 1,250 ALJs, will not eliminate the backlog.

By increasing the number of Senior Attorneys to 700 and permitting them to spend 50% of their time reviewing every disability case appealed to ODAR and adjudicating the 40-50% of cases that do not require ALJ participation, SSA can immediately reduce its pending cases by well over 100,000 cases a year in spite of the increased receipts expected.

The Attorney Adjudicator Program does involve decreasing the availability of the attorney advisers for their traditional role of drafting ALJ decisions. However, several other efficiencies are promoted by the Attorney Adjudicator Program. Attorney Adjudicators work on “unpulled” or “unassembled” files. Those that result in fully favorable decisions do not have to be “pulled”. The benefit from not having to “pull” these cases cannot be overstated. Today there are approximately 442,000 cases pending pulling; a workload that will require over 200 days to complete if no new cases were received by ODAR during that 200 days. Most ALJs will not hold hearings on “unpulled” cases and ODAR’s difficulty pulling sufficient cases to maintain ALJ dockets is a significant factor in the creation and maintenance of the current backlog. Each disposition by an attorney adjudicator is one less case that must be pulled.

Attorney Adjudicators would continue to draft ALJ decisions in addition to handling their own adjudicatory dockets. Skilled decision drafting remains a vital component of the ALJ adjudicatory process. Retaining ODAR’s most skilled staff to perform that duty is essential if ODAR is to continue to produce quality decisions. Assigning decision making duties to attorneys whose primary duty now is to advise ALJs and draft decisions is obviously going to result in a decrease in decision drafting capacity. SSA now has the assets to hire an additional 200 attorneys to maintain sufficient decision drafting capacity and 100 additional technical staff to process the increased number of decisions. Even considering the cost of the promotions of current employees consistent with their new duties, the total expense is far less than that involved with hiring the massive number of ALJs and the staff that would otherwise be necessary to support the ALJs.

In addition to increasing the number of attorney adjudicators, small procedural adjustments would further enhance operational efficiency. Currently, Attorney Adjudicators may conduct pre-hearing conferences. Currently they can issue interrogatories to secure vocational and medical expert input. Often this is all that is required to perfect the record and allow for a fully favorable decision. While written interrogatories significantly expand the number of cases for which Attorney Adjudicators can issue fully favorable decisions, they can be cumbersome and time consuming. ODAR should authorize the attendance of medical and vocational experts at the pre-hearing conference thereby increasing decisional accuracy while decreasing processing time.

If the current Attorney Adjudicator Program is expanded as detailed above, ODAR attorneys could dispose of 100,000 fully favorable decisions and dismissals or more each year, while still spending nearly half their time drafting ALJ decisions and advising ALJs. These cases would not require the expenditure of any ALJ resources and would involve relatively little staff time. This would allow the Agency to commit a greater amount of its resources to the cases that required ALJ adjudication.

Let me also address the situation with OFEDRO. SSA has suspended further expansion of the Office of Federal Reviewing Officer (OFEDRO). OFEDRO has the potential to meaningfully help with the disability determination backlog if properly implemented. If SSA intends to resume hiring of new staff for FEDRO, it should give preference to the existing, high qualified and experienced staff at ODAR. In order to recruit the best and brightest staff for any expansion of the program, it should provide relocation allowances for all new hires recruited from elsewhere in the agency. This is a common recruitment tool in the federal sector for highly qualified professionals and has been underused by the agency.

Mr. Chairman, I thank you for this opportunity to present NTEU’s statement on this important matter. NTEU remains ready to work with the Ways and Means Committee to do all that we can to address the crisis in the disability determination backlog. Thank you.

I haven't worked for 7 years now. I've been seeing doctors for years now and just found out on Tuesday that I have fibromyalgia. The letter I get from ss every years use to show my disability info but now it doesn't show it. Can I still file for ss disability? Sandra

http://www.disabilitydoc.com/about-this-site/

This doctor worked as a consultant to social security and has a great website, including links to hard to find social security forms and information....the inside baseball to understanding and navigating SSDI.

Here is what it says about his background on the site:

"My name is Keith R. Holden, M.D.

I graduated from LSU School of Medicine in New Orleans in May of 1992. I completed an Internal Medicine residency program, became board certified in Internal Medicine, and am a practicing general Internist.

After becoming interested in Social Security disability, I spent the last seven years as a Social Security disability program state agency medical consultant. I dove head first into many aspects of the program, but focused on training issues as a way to improve the disability process.

While living in Atlanta, I was awarded Georgia's Disability Adjudication Services (DAS) 2001-2002 People's Choice Trainer of the Year award and Georgia's 2002 Medical Consultant of the Year award. While in Georgia, I worked closely with the DAS Quality Assurance department, trained new state agency medical consultants and disability examiners, represented DAS at the Atlanta Regional Office of Hearings and Appeals 2002 Management Conference, and spoke on the issue of medical testing to Administrative Law Judges in Macon and Savannah.

Upon returning to Florida, I continued to train state agency medical consultants and disability examiners, and revised three Body System Training Guides used by staff in all of the Florida Disability Determination Services (DDS) offices. For my service, I was awarded the Florida DDS 2004 Medical Consultant of the Year award.

I am fascinated by the dichotomy of the Social Security disability program. It was engineered to help the disabled, but in certain cases, causes hardship for its applicants and their families due to complex rules and regulations, Social Security staffing problems, and an often frustrating and lengthy appeals process.

I am dedicated to helping the disabled and improving the Social Security disability application process."
[This Message was Edited on 05/10/2008]

The following information is provided by Keith R. Holden, M.D., SSDI Medical Evaluation Consultant and Trainer.

SOURCE: http://www.disabilitydoc.com/chronic-fatigue-syndrome-and-d/

Chronic Fatigue Syndrome and Disability

On (4/30/99), the Social Security Administration (SSA) published Social Security Ruling “SSR 99-2p: Policy Interpretation Ruling Titles II and XVI: Evaluating Cases Involving Chronic Fatigue Syndrome (CFS)” to clarify its policies for evaluating claims for disability on the basis of Chronic Fatigue Syndrome (CFS), also known as Chronic Fatigue and Immune Dysfunction Syndrome (CFIDS).

This first article in a two-part series describes CFS, summarizes Social Security’s Ruling, and discusses how to use the Ruling to support an application for Social Security disability benefits based on CFS/CFIDS.

Chronic Fatigue Syndrome (CFS) • Systemic (body-wide) disorder consisting of profound fatigue and other symptoms that may vary in incidence (when it occurs), duration (how long it lasts), and severity (degree of symptoms and impact on ability to function and work) • Requires the presence of clinically evaluated, persistent or relapsing chronic fatigue that is of new or definite onset (has not been lifelong) • Cannot be explained by another physical or mental disorder • Is not the result of ongoing exertion (activity) – meaning symptoms may exist even without activity • Is not substantially alleviated by rest • Causes prolonged fatigue that lasts 6 months or more • Significantly reduces occupational (work), educational, social, and personal levels of activities • A diagnosis of exclusion, made "only after alternative medical and psychiatric causes of chronic fatiguing illness have been excluded" (Annals of Internal Medicine, 121:953-9, 1994)

Centers for Disease Control and Prevention (CDC) criteria for the diagnosis of CFS

Requires the concurrence of 4 or more of the following symptoms, all of which must have persisted or recurred during 6 or more consecutive months of illness and must not have pre-dated the fatigue: • Self-reported impairment in short-term memory or concentration severe enough to cause substantial reduction in previous levels of occupational, educational, social, or personal activities • Sore throat • Tender cervical or axillary lymph nodes • Muscle pain • Multi-joint pain without joint swelling or redness • Headaches of a new type, pattern, or severity • Unrefreshing sleep • Postexertional malaise lasting more than 24 hours CFS can cause a wide range of other symptoms including: • Muscle weakness • Abdominal, chest, and jaw pain • Cough and shortness of breath • Skin sensations and tingling • Diarrhea and weight loss • Sleep disturbances • Visual difficulties (trouble focusing or severe photosensitivity) • Orthostatic intolerance (lightheadedness or increased fatigue with prolonged standing) • Other neurocognitive problems, such as difficulty comprehending and processing information • Fainting and dizziness • Mental problems, such as depression, irritability, anxiety, and panic attacks The exact cause of CFS is not known • Due to its similarity to chronic mononucleosis, it was once thought that CFS is caused by a virus, such as Epstein-Barr virus (EBV), but research has not proven this. • Research has not proven a connection with any known infectious agents. • Some research has shown similar antibodies and immune complexes found in autoimmune diseases like lupus, but no associated tissue damage was found. • Despite also being called Chronic Fatigue and Immune Dysfunction Syndrome, opportunistic infections or increased risk for cancer observed in persons with immunodeficiency diseases or in immunosuppressed individuals is not found in CFS. • Some studies suggest that the central nervous system and endocrine (hormone) system may play a role in CFS with studies showing some CFS patients produce less cortisol (stress hormone) than healthy patients, though cortisol levels were still within the normal range. • Studies have shown that neurally mediated hypotension is common in CFS patients. This condition, detected by tilt table testing, results in lowered blood pressure, and may cause lightheadedness, dizziness, fatigue, and headaches. Establishing a medically determinable impairment with CFS • The CDC’s criteria for diagnosing CFS are based mainly on a list of symptoms (patient's complaints) that the patient reports to his or her medical provider. • However, Social Security’s rules require that a disability be based on the existence of a medically determinable impairment – a condition that can be shown by medical evidence, consisting of medical signs (physical findings), symptoms (patient’s complaints), and laboratory findings (findings on diagnostic tests). • Because the existence of a medically determinable impairment requires more than just symptoms, SSR 99-2p explains that the symptoms of CFS must be accompanied by appropriate medical signs or laboratory findings before it is considered a medically determinable impairment. • Because of this requirement, SSR 99-2p offers examples of medical signs and laboratory findings (tests) that can be used to establish the existence of a medically determinable impairment with CFS. • These lists of medical signs laboratory findings and are not all-inclusive - meaning there may be others not listed. • The existence of a medically determinable impairment associated with CFS may be documented with medical signs or laboratory findings other than those listed below, as long as such documentation is consistent with medically acceptable clinical practice; and consistent with other evidence in the applicant’s medical records. • And because research is ongoing for the cause of CFS, additional signs and lab tests may be eventually found that can also be used to establish a medically determinable impairment in applicants with CFS. In the mean time, use the following lists as a guide when presenting your case or developing Social Security disability claims for CFS.

List 1 - Physical medical signs For purposes of Social Security disability evaluation, one or more of the following medical signs documented over a period of at least 6 consecutive months establishes the existence of a medically determinable impairment for individuals with CFS: • Palpably swollen or tender lymph nodes on physical examination • Nonexudative pharyngitis (sore throat without pus) • Persistent, reproducible muscle tenderness on repeated examinations, including the presence of positive tender points • Any other medical signs that are consistent with medically accepted clinical practice and are consistent with the other evidence in the case record (this is rather vague)

List 2 - Laboratory findings Even though, at this time, there are no specific laboratory findings that are widely accepted as being associated with CFS, SSA allows that the following laboratory findings establish the existence of a medically determinable impairment in individuals with CFS: • An elevated antibody titer to Epstein-Barr virus (EBV) capsid antigen equal to or greater than 1:5120, or early antigen equal to or greater than 1:640 • An abnormal magnetic resonance imaging (MRI) brain scan • Neurally mediated hypotension as shown by tilt table testing or another clinically accepted form of testing • Any other laboratory findings that are consistent with medically accepted clinical practice and are consistent with the other evidence in the case record; for example, an abnormal exercise stress test or abnormal sleep studies, appropriately evaluated and consistent with the other evidence in the case record.

List 3 - Mental findings Mental findings that establish the existence of a medically determinable impairment in individuals with CFS include ongoing problems with: • Short-term memory • Information processing • Visual-spatial difficulties • Comprehension • Concentration • Speech • Word-finding • Calculation • And any other symptoms suggesting persistent neurocognitive impairment

When ongoing deficits in these areas have been documented by mental status examination (medical signs) or psychological testing (laboratory findings), such findings establish the presence of a medically determinable impairment. Also, if individuals with CFS are shown to have medical signs of anxiety or depression, indicative of the existence of a mental disorder, the existence of a medically determinable impairment is established. Bottom line • Your condition must fulfill the CDC’s rules for diagnosis before Social Security will even consider that you have CFS. • Only one finding is necessary from any of the three lists discussed above to establish CFS as a medically determinable impairment.

The above lists of medical (physical and mental) signs and laboratory findings represent a breakthrough for CFS applicants because Social Security is providing specific examples that can be used to support a disability claim for CFS. Use the examples provided as a checklist to make sure medical records are appropriately documented and contain that information.

Importance of ongoing relationships with treating medical sources • Applicants should have an ongoing relationship with a medical provider who can support their disability application by providing detailed medical records and possibly a letter of support. • The CDC’s definition of CFS requires a time frame of symptoms of at least 6 consecutive months. • If physical medical signs are going to be used to establish CFS as a medically determinable impairment, one or more signs in the list must be documented over a period of at least 6 consecutive months. (Note that laboratory findings do not require the 6 month time frame to establish CFS as a medically determinable impairment.) Disability Evaluation Process for Chronic Fatigue Syndrome This is the second part of a two-part series of articles summarizing Social Security Ruling "SSR 99-2p: Policy Interpretation Ruling Titles II and XVI: Evaluating Cases Involving Chronic Fatigue Syndrome (CFS)." What follows is a detailed description of how disability claims are evaluated under Social Security’s rules. It includes concepts from the Process Unification rulings, which are difficult to grasp - one reason why SSA tends to inconsistently apply these rulings. The discussion focuses on claims for CFS, but the general idea is the same no matter the condition. At the end of this article, I give you a nice summary of how to present a strong case for disability due to CFS. If you are not familiar with the rules and regulations Social Security uses to evaluate disability claims, you should first read all the modules found in the “Information for Disability Applicants” section of this web site. This is because if you read and understand those modules first, you will better understand this article. Otherwise, you may find the following information confusing. I attempted to simplify the descriptions and terms used, but don’t be upset if you still don’t understand it all. The rules and regulations used by Social Security’s disability program are very complex.

Sequential evaluation process Claims involving CFS are decided using the sequential evaluation process, just as for any other impairment. Once a medically determinable impairment has been found to exist, the severity of the impairment must be established. The severity of an individual's impairment is determined based on the totality of medical signs, symptoms, and laboratory findings, and the effects of the impairment, including any related symptoms, on the individual's ability to function.

Also, several other disorders (including, but not limited to, Fibromyalgia Syndrome (FMS), multiple chemical sensitivity, and Gulf War Syndrome, various forms of depression, and some neurological and psychological disorders) may share symptoms and other similar findings to those of CFS. When there is evidence of another disorder that may adequately explain the individual's symptoms, it may be necessary to pursue additional medical or other development.

Step 2 of the sequential evaluation process When an individual with CFS has a medically determinable impairment, the decision-maker must consider that the individual has an impairment that could reasonably be expected to produce the individual’s symptoms associated with CFS, and evaluate the intensity and persistence of the symptoms.

This concept is important because it automatically requires the decision-maker to acknowledge that CFS established as a medically determinable impairment can reasonably be expected to produce the symptoms associated with CFS. (Take note all you claimant representatives!)

For example, if an individual with CFS has a medically determinable impairment, and the individual alleges fatigue, pain, symptoms of neurocognitive problems, or other symptoms consistent with CFS, these symptoms must be considered in deciding whether the individual's impairment is "severe" at step 2 of the sequential evaluation process and at any later steps.

If fatigue, pain, neurocognitive symptoms, or other symptoms are found to have more than a minimal effect on an individual's ability to perform basic work activities, the decision-maker must find that the individual has a "severe" impairment.

Step 3 of the sequential evaluation process When an individual is found to have a severe impairment, the decision-maker must next consider whether the severity of the individual's impairment closely matches a listing in Social Security’s “Listing of Impairments.” Since CFS is not a listed impairment, an individual with CFS alone cannot be found to have an impairment that meets a listing; however, the findings in each case should be compared to any pertinent listing to decide whether CFS equals a listing.

When individuals with CFS have psychological manifestations related to CFS, decision-makers should consider whether the individual's mental impairment meets or equals the severity of any impairment in the mental disorders listings.

Steps 4 and 5 of the sequential evaluation process For impairments that do not meet or equal the severity of a listing, decision-makers must assess a residual functional capacity (RFC), and then proceed to the fourth and, if necessary, the fifth step of the sequential evaluation process. In assessing RFC, all of the individual's symptoms must be considered in deciding how such symptoms may affect functional abilities.

If it is decided that CFS prevents the performance of past relevant work (or if there was no past relevant work), a finding must be made about the individual's ability to perform other work.

Many individuals with CFS are "younger individuals," ages 18 through 49. Age, education, and work experience are not usually considered to significantly limit the ability of individuals under age 50 to make an adjustment to other work, including unskilled sedentary work. However, a finding of disabled is not precluded for those individuals under age 50 who do not meet all of the criteria of a specific rule and who do not have the ability to perform a full range of sedentary work. The conclusion about whether such individuals are disabled will depend primarily on the nature and extent of their functional limitations or restrictions.

Whether the individual will be able to perform other work requires judgment regarding the type and extent of the individual's limitations or restrictions, and the extent of the erosion of the occupational base for sedentary work.

Duration The medical signs and symptoms of CFS fluctuate in frequency and severity and often continue over a period of many months or years. Thus, appropriate documentation should include a longitudinal clinical record of at least 12 months prior to the date of application, unless the alleged onset of CFS occurred less than 12 months in the past, or unless a fully favorable decision can be made without additional documentation.

The record should contain detailed medical observations, treatment, the individual's response to treatment, and a detailed description of how CFS limits the individual's ability to function over time.

When the alleged onset of disability secondary to CFS occurred less than 12 months before a disability decision is made, the decision-maker must evaluate the medical evidence and project the degree of impairment severity that is likely to exist at the end of 12 months.

Information about treatment and response to treatment as well as any medical source opinions about the individual's prognosis at the end of 12 months are helpful in deciding whether CFS is expected to be of disabling severity for at least 12 consecutive months.

Continuing Disability Reviews In those cases in which an individual is found to be disabled based on CFS, but medical improvement is expected, a “continuing disability review” will be scheduled. This takes into account individual case facts, such as the combined severity of other impairments and the individual's vocational (work) factors.

Documentation As with all claims for disability, documentation of medical signs or laboratory findings in cases involving CFS is critical to establishing the presence of a medically determinable impairment. In cases in which CFS is alleged, longitudinal clinical records reflecting ongoing medical evaluation and treatment from the individual's medical sources, especially treating sources, are extremely helpful in documenting the presence of any medical signs or laboratory findings, and the individual's functional status over time.

Every reasonable effort should be made to secure all available, relevant evidence in cases involving CFS to ensure appropriate and thorough evaluation. Generally, evidence for the 12-month period preceding the month of application should be requested unless there is reason to believe that development of an earlier period is necessary, or unless the alleged onset of disability is less than 12 months before the date of the application.

Recontacting Medical Sources/Consultative Examinations If the decision-maker finds that medical evidence is inadequate to decide whether the individual is disabled, he or she must first recontact the individual's treating or other medical sources to determine whether the additional information needed is readily available. Only after the decision-maker determines that the information needed is not readily available from the individual's health care providers, or that the necessary information or clarification cannot be sought from the individual's health care providers, should the decision-maker arrange for a consultative examination.

Resolution of Conflicts Conflicting evidence in the medical record is not unusual in cases of CFS due to the complicated diagnostic process involved in these cases. SSA must attempt to contact treating or other medical sources to resolve any such conflicts.

Medical opinions from treating sources about the nature and severity of an individual's impairment must be considered, and may be entitled to controlling weight. “Controlling weight” means that SSA must adopt the opinion of the treating source regarding his or her patient’s level of function.

Controlling weight cannot be given to medical source opinions reserved to the Commissioner of Social Security, such as "totally disabled" or "unable to work." If SSA finds that a treating source's medical opinion about the nature and severity of an individual's impairment is well-supported by medically acceptable clinical and laboratory diagnostic techniques; and is not inconsistent with the other substantial evidence in the case record, the decision-maker must give it controlling weight.

Assessing Credibility If the existence of CFS as a medically determinable impairment that could reasonably be expected to produce the symptoms has been established, but an individual's statements about the intensity, persistence, or functionally limiting effects of symptoms are not substantiated by objective medical evidence, the decision-maker must consider all of the evidence in the case record, including any statements by the individual and other persons concerning the individual's symptoms.

The decision-maker must then make a finding on the credibility of the individual's statements about symptoms and their effects on function. When additional information is needed to assess the credibility of the individual's statements about symptoms and their effects, the decision-maker must make every reasonable effort to obtain available information that could shed light on the credibility of the individual's statements.

Treating and other medical sources In evaluating credibility, the decision-maker should ask the treating or other medical sources to provide information about the extent and duration of an individual's impairment, including observations and opinions about how well the individual is able to function, the effects of any treatment, including side effects, and how long the impairment is expected to limit the individual's ability to function.

Opinions from an individual's medical sources, especially treating sources, concerning the effects of CFS on the individual's ability to function in a sustained manner in performing work activities or in performing activities of daily living are important in enabling decision-makers to draw conclusions about the severity of the impairment and the individual's RFC. Any information a medical source is able to provide about the individual's impairment and functional capacities related to CFS will be helpful. Third-party information: This includes evidence from medical sources that are not “acceptable medical sources” but who have provided services to the individual, and may be very useful in deciding the individual's credibility. Information from persons other than the applicant and his or her treating sources may help to assess an individual's ability to function on a day-to-day basis, and to describe the individual's abilities over a period of time.

Such information may include: • Information from neighbors, friends, relatives, or clergy • Statements from such individuals as past employers, rehabilitation counselors, or school teachers about the individual's impairment and the effects of the impairment on functioning in the work place, rehabilitation facility, or educational institution • Statements from other practitioners with knowledge of the individual including nurse-practitioners, physicians' assistants, naturopaths, therapists, social workers, and chiropractors • Statements from other sources with knowledge of the individual's ability to function in daily activities The decision-maker is supposed to carefully consider all of this information when making findings about the credibility of the individual's allegations regarding functional limitations.

How to present a strong case for disability due to Chronic Fatigue Syndrome • Be consistent in what you describe to your doctors and to Social Security about the severity of your symptoms and how they limit your activities. • Maintain a close relationship with your medical sources, clearly describing your symptoms, and making sure your doctor documents your complaints in the medical record. • See your doctor on a regular basis (at least 3 times a year) if possible. • Have your doctor, preferably a specialist like a neurologist, write a letter in support of your claim. In it, that doctor should describe your physical findings, any abnormal lab tests, and tell specifically how you are limited in your ability to normal daily activities and work. A good sentence your doctor should use is "My patient is unable to sustain an 8-hour work day, five days a week, due to the severely limiting fatigue (he or she) experiences from Chronic Fatigue Syndrome." • Keep a daily diary of your symptoms and activities, and use this diary to give information to Social Security about how you are limited by your symptoms. • Tell Social Security how long your symptoms last, what makes your symptoms worse; and what, if anything, improves your symptoms. • Tell if you are ever bedridden because of your symptoms and how long that lasts. • Don’t be so overly detailed in your descriptions that it appears you have “written a book.” • Tell if you are able to do some activities, but be sure to describe any resulting symptoms from doing those activities. • Don’t be embarrassed to mention any mental difficulties, such as depression or anxiety. • Most importantly, be persistent and appeal the decision if you are denied. With perseverance, you will succeed. Good luck.

IF......I get approved, how many months of backpay should I receive? I stopped working in April, 2005, and applied for SSDI in July, 2005. As of April, 2008, it has been 3 years and still counting. Will I have any kind of waiting period?

Thank you,

BlueSky

Not sure if this is correct. (Please check with the yahoo group disinissues as they are experts).

You have a 6 month waiting period from the date they find you disabled. If your medical records are in order, I would think that they would use six months from July 2005 so your first month that you would be eligible to be paid is Dec 2005 to now. This is as long as you did not let your original, July 05, application expire.

Now if your medical records do not show disability until a later date, then they will use that later date.

NOW, somewhere I saw that they may only be paying 12 months of backpay now so I am not sure if that is true. When I got my disability, they went back about 1.5 years for me.

With Medicare, it is a little different, you have a two year waiting period from date of disability (again, assuming they use July 05) which means that you should be able to get right on Medicare as soon as you are approved.

Please verify this at disinissues as they are really a great group. I only have experience with 1 case, mine.

Marti

Hello Marti,

Thank you so much for the information. I didnt realize that there was a six month waiting period. I haven't checked out the disinissues at this time but I will take a look later.

I do appreciate you responding to my question. There is probably not a right or wrong answer; it may just depend on each case but thank you.

BlueSky

Don't wait to apply. Apply as soon as you can. Then there is a 6 month waiting period. I didn't get paid from the day I was diabled, I got backpay from the first day of the sixth month after my disability date (that they determined).

So apply first.

Marti

DO YOU KNOW HOW MUCH YOU CAN MAKE AND KEEP YOUR BEIFITS YOU HAVE

you can earn around $900 per month I think. I filed in Decemeber of 2007 and have been denied, and appealed, but have not heard from my appeal. Did anyone have a funtion assessment done? Emily

I have not been able to work in our business since Feb 08. I am still seeing Doctors. I was told today that I have CFS because my of my symptoms and my Esptein-Barr levels are very high. My question is when can I file for disability? I still have to see a Rheumatologist and a pain management doctor. I have no insurance and I do not qualify for any government programs. Meanwhile the bills are piling up (Doctor and medicine)and our business is going under. Can anyone help me or let me know what I should be doing?

See if there is a county program - some of them allow you to work, not sure how your business would count in that.

I would ask SS. If you file now, then you will be paid from the first day of the sixth month that they found you disabled.

At this point, using Feb 08 as your disability date, it would be August 1st. That would be the earliest date. Not sure they work that quickly. Also, Medicare would be a two year wait which is what you need the most.

They will most likely want some documentation and some history before they would approve you but the earlier you file, the more backpay you will qualify for. (once you are past the the six month waiting period).

Also, I believe they want to see 12 months where you are not getting better.

Also, don't let your application expire.

Please consider joining disinissues. It is a yahoo group and they are a great bunch of folks that have experience at this.

Also, the company Allsup helps people and they can answer some questions before you sign up with them. They only take a certain amount (not a percentage) determined by SS. It used to be $5300.

Best of luck to you, Marti

Social Security Coalition

PLZZZZZ go to this site (founder-Linda Fullerton - fought for her benefits & won. She is not an atty nor is her site advertising)

http://groups.msn.com/SocialSecurityDisabilityCoalition

All the info you probably need, incl support from others. Site continuously updates.

Hi Everyone, What I wanted to know, is if anyone is currently working, while collecting disablity?

I've heard of this program for the disabled, about working while on Disablity. "Right to Work" ticket, I think they call it?

I have heard sooo many horror stories about this program, like people who have been going back to school, loosing benifits, because if they can sit in a class room, they can work.

Or even taking a part time job, SSD tells them, if you can work... reguardless how long or how much...you will loose benifits.

Has anyone had any experinece with this?

I would really like to try...part-time somewhere... I would not be able to handle everyday..8 hours...

but maybe 3 or 4 hours a day...every other day...as working will put me in the bed for the next day...which I would be willing to suffer,

but to loose my SSD insurance, to cover my meds, etc...scares me right back to not working.

I know what the website on this says...I just simply do not trust the gov't in anything they say or do...too many loopholes for them to go through that we would know about.

Thanks ahead of time for any personal experince you might have.

Kathy

I have read where it helps if you write to your U.S. congressperson to ask them to send a letter of support to SSDI on your behalf. Others have said it helped with timely claims processing. Here are the websites to find your representatives:

https://forms.house.gov/wyr/welcome.shtml http://www.senate.gov

I just wrote to mine (California) this weekend so I have no idea yet if it helps or not. I'll update this post as to what I experience with it.

I just filed my SSDI online 2 weeks ago and wanted to post on my experience in hopes that it helps others, especially the severely brainfogged like me.

For me, the online process was horrible. I don't want to discourage anyone from doing it, but after what happened to me I feel I need to post this for those who may have substantial cognitive problems.

Doing the online process made my brain much worse. I was in bed for a week with a night mask on to settle my brain and had to take xanax. I felt like I was having seizures. It scared the hell out of my husband. Its now been two weeks and my brain still isn't right.

If I had it to do again, I would definitely go with an atty or a representative.

I don't want to misrepresent this so please understand that the online process is not complicated. I only want to fairly warn those with severe cognitive problems like me who may be trying to decide whether to do it yourself or go with an atty/rep.

Also, in fairness I need to state I was under a lot of stress with meeting a deadline. I had miscalculated the deadline by a month and had only a week to get it done. I worked on it several hours each day which is way too much for my brain problems.

The online process is time consuming so it is important to pace yourself and take rest breaks, something I didn't feel I could do with my deadline.

To clarify, I had a unique situation. I had initially contacted social security by phone in November where they started an initial application and sent me forms to complete. I went into flare lasting months and didn't follow through. Once social security starts the process you have 6 months to complete the follow through. So what happened is entirely my fault. I thought I had until the end of June, but miscalculated...I had only to the end of May. I called social security and asked what to do and they said go online and complete it before the end of May.

Anyway, back to the online process, you can stop at any time and then go back later. Just make sure you write down/printout your return access password. The website does shut down, probably for maintenance, so those on the west coast with deadline filing especially need to be aware of that.

For me, it substantially challenged my brain. Each response field allows a limited number of characters. It was very difficult for me and overworked my brain with all the re-writing to reduce answers to the space given.

Thankfully I copied and pasted all my answers into separate MSWORD documents so I have my answers. When you complete the application it is supposed to allow you to print it out, but mine wouldn't print out. If I had not copy/pasted as I went I would have lost everything! I called social security and they said I *might* be able to get a copy from my local social security office. I haven't gone yet so I am not sure how they will respond to that request but will post on it when I go. I strongly recommend you copy/paste the questions and answers to a separate document so you know what you said as you will be questioned on your answers by different people throughout the process.

I requested my medical records and sent letters to all the doctors I listed on the application giving them a heads up that I have filed so they don't get blindsided and will hopefully give responses that are consistent to what I said on my application. I'll put a separate post on the format I developed and hope it helps others.

When my brain is better I will post more on the questions it asks. I have things saved into different documents, but my brain is still too shakey to handle toggling back and forth between lots of multiple documents.

FYI Note: In addition to giving your doctor a headsup about your SSDI filing, this will give you a hint as to hat to expect. For example, if your doctor doesn't reply to this letter request, it could indicate they might not respond to SSDI's request for info as it is longer than just a letter, time consuming, and many doctors just simply don't respond to it. There is no requirement that they respond; no penalties for not replying. Also, if they send you a copy of their letter you will know what is being said about you, and they are likely to be more supportive if they know you have asked for a copy of what they write.

My thoughts were that this will be very helpful to have for a later appeal since 80% of all initial applications are denied. It improves your case on appeal if you know what they said about you so you can try and fill that void in the appeal process. I am just guessing though because I have never been through this process.

Remember, in asking them for a letter to make it as easy for them as possible to respond; e.g. provide self addressed and self stamped envelopes. I even prepared a courtesy *suggested response letter* for their signature. Most of them just signed that and sent it on to SSDI with a copy to me. A couple of them drafted their own letter.

Also know that your doctor may charge you to do this! Out of 15 doctors, I had only one who charged so far, and he charged a $100 to do a one page letter. So, be careful about making this request unless you are prepared to pay for it!! *********************************************************

***SAMPLE DOCTOR ADVISORY LETTER****

Dear Dr. X:

This letter is written to request a letter of support regarding my SSDI disability during the period you were one of my treating doctors:

Treatment Period: xxxxx-xxxxx Number of Visits: xx

The medical conditions and disabilities listed in my application are as follows:

Inability to work: o difficult sitting/standing longer than 15 minutes o difficulty kneeling, stooping, bending, reaching o Mostly bedridden/homebound except for doctor treatment appts

Medical Conditions: o Chronic fatigue o Chronic low back sacroiliac pain o Fibromyalgia o Chronic neck pain o Interstitial cystitis & pelvic pain o Irritable bowel & gastrointenstinal problems o Sleep disorder o Epstein Barr Virus o Cognitive & memory problems o Anxiety & Depression

I very much respect that your time is limited; therefore, to help, I have provided a courtesy draft letter for your consideration. Please feel free to use it as a sample or prepare separately. If you would like the text of the draft letter emailed to you for re-drafting, please email me @xxxxxxx and I will be happy to reply send the text for your convenience.

Thank you so much for your assistance with this request and for all your help with your efforts to trying to restore my quality of life and ability to return to work.

Two self-addressed/self-stamped courtesy envelopes are enclosed for your convenience. Please return a copy of your signed letter to Social Security and a copy to me.

Sincerely, XXXXXX

How many impairments would be needed to receive a fully favorable decision? I was just curious because I think I have 2 of them and possibly more but I may not find out until I attend the ALJ Hearing, which of course, has not been scheduled.

Thanks in advance for any responses.

BlueSky

Jam,

What a great letter! Thanks for a great post!

Wow, no wonder your brain is fried. That was a lot of brain power. Thank you. I already have my disability but you never know if I may need that in the future for a review.

Regarding what you posted: "they said I *might* be able to get a copy from my local social security office. I haven't gone yet so I am not sure how they will respond to that request but will post on it when I go. I strongly recommend you copy/paste the questions and answers to a separate document so you know what you said as you will be questioned on your answers by different people throughout the process. "

I was never able to get a copy of my application (I did it in person, not online). I never pushed because I needed/wanted a helpful representative. I felt a reluctance to get what I responded, so you suggestion to keep a copy is a very good idea.

I know you got fried but I would like to respectfully disagree with the need for a n attorney. Most of the time, you have to do the same amount of work anyway - they can't answer those questions for you. My suggestion is to do the paperwork and file on your own first. SSDI have to give you some kind of answer within 60 days. If you get denied, then use Allsup or an attorney. But if your file is good, and the medical stuff is there, then you may just get approved. I got approved in that way which was shocking to me but I sure was able to use that $5300 myself. Just a thought.

Thanks, Marti

I was diagnosed with Fm about 6 years ago, I had EBV in 94 and was not treated for it , (my doc. said it just needs to run its course)I have been sick for years. In 8/07 I was bit by a tick, I had the full blown rash and symptoms that go with lyme disease, and eventually tested positive using the western blot, even CDC positive, which I understand doesent happen very often. I also have radiculopathy in c6 of my neck in which I have been getting Nerve block injections every 3 months. My neck issue causes me to have migraine head aches, pain down my whole arm to the point that it causes terrible pain when I use it. (when it is flaired up)My neurologist is not very supportive. My question is with out complete support of my lyme doc and neurologist would I stand a chance of getting SSDI? any info would be helpful, Thanks Sandie
[This Message was Edited on 06/09/2008]
[This Message was Edited on 07/04/2008]

Hi Sandie, The SSDI is based on time/treatments. Basically, they want to know if Drs attempted treatments which have not enabled you to return to a reasonable or expected level of activity and that this reduced level of activity would continue for 12 months.

It could be from one impairment. Some people with a long list of issues may get denied if none of the impairments reduces activity levels for 12 months.

I did not have support from any of my Doctors but my medical trail showed confirmation of diagnosis and a trail of ineffective treatments. So, I think (and I am no expert) the key is to make sure your medical record shows how debilitating the migraines are and the inability to use your arm when in a flare.

I think that we don't file because we believe that Doctors have to support our claim. I do not believe that is true (but I may be wrong). It is the decision of the SS office whether we are disabled, they review Doctors notes in terms of diagnosis and treatments. I have heard of people getting denied even though they had their doctors support.

Most doctors won't get involved as they do not get paid to write reports, they don't even enter in the list of complaints each visit. Just doing that would take up the whole visit.

Some doctors feel offended that we request help as if they are paying us directly out of their pockets. Sigh....

Would Physical Therapy help to document the loss of mobility and range of motion, also weakness of hand, etc. What about using the Department of Rehabilitive Services to help you document your issues? Just brainstorming.

You would have to make sure to protect yourself from harm from an over-zealous therapist so no additional harm is done to you.

Marti

Thanks so much for answering me, I feel Im at a desprite point right now. My lyme doc has just put me off work for 6 weeks to start, But I had to ask him to do so. I think he might have been mad at me for asking. I dont know how to make him understand. The 6 weeks will allow me to rest up, but it wont cure my lyme or the neck problem, so if I go back to work, it will only be a short time before another flair up comes, than Im back in the same situation again. Marti, What is the department of rehabilitive services? Sandie
[This Message was Edited on 06/09/2008]

The Department of Assistive & Rehabilitative Services is a office that is supposed to help people get back to work if they have had an injury or illness. They may get you a special chair so you can sit longer at work or a new pair of eyeglasses, special shoes if you have foot issues. They will assess your current state of health and send you to a psychologist or other doctors. They found that I was too unstable to hold down a job so I was refused services. I believe this helped me with my disability case.

Here is what I posted (on the first page of this thread). I live in Texas so replace .tx. with your state. If you can't find it for your state, google it. I knew I would not be able to work but I had to do that to get in. And actually, I was hoping that maybe they would send me to better doctors and help me get back to a higher level of functionality so that I could return to work. I don't know how this would work if you are already working though.

Lastly, don't be afraid to change doctors. If he is not helping you, move on. Unfortunately we have to go through a lot of doctors before we find one that will attempt to help us.

Marti

- I registered with the Dept of Assistive & Rehabilitative Services. I insisted that I wanted to work (which I did - and still do!) I was accepted as a client, then I was sent for various evaluations to determine my limitations and abilities. Their doctors determined that I was not a good candidate for work - the money they would spend to help me work from home or have a special accommodations at a job would be wasted, as I would get too sick too soon. I was scheduled for a test of my physical ability. As it turned out, my SSDI claim was approved the week before I was supposed to go in for the testing, but I made sure that they knew my mom was coming in from out of town to care for me and my son after I crashed, since I knew I would. I requested that the testing be done over several days, but they refused. I made a big deal about that. I can't be sure, but perhaps the fact that I was willing to do the test but concerned about the post-exertion fatigue would have helped support my case if it hadn't already been approved.

Here is the website for my state, maybe you could cut and paste then change the tx to the abbreviation for your state and then hit go or enter. http://www.dars.state.tx.us/

- If you get referred to a psychologist, ask to be sent to a neuro-psychologist. The one I was sent to did the usual mental interview plus the IQ tests. She also did the hand grip test. I think this was a big key in approval of my disability claim. It proved weakness in my upper arms.

Thanks for all the info, I am going try to find a more supportive doctor. Sandie

could u send me the website? shelnherm@yahoo.com thanx

Another good web site is: http://wwwscottdavidpc.com/articles.htm He is an attorney who only works on the west coast, but his web site has some good advice. I filled myself about 2 months ago, so I am just at the begining of the waiting period. Can anyone tell me how you make it thru the waiting period financially? My husband has be getting disability from SS for 8 years now, so there wasn't much $ to begin with when I was working. I haven't been able to work now for 6 months due to FM and it is really getting rough $ wise. Thank in advance for anyone's help.

I read somewhere (perhaps this thread?) that "if" SSDI is granted that one must rather quickly make decisions on types of Medicare options? I am clueless about anything about Medicare or its options. I am sure there are others in my boat, and I am hoping that some knowledgeable person can jump in our boat and give us some navigational guidance about what to expect and any insights as to options. I have an HMO medical plan as part of my past employer retirement package so I have some coverage, but limited to their "in network" docs, who are just about useless with this DD. I really need something that gives me help with coverage outside of my network. I am also interested in learning if AARP offers any worthy/reasonable supplementaries, but that is a whole other subject! Thanks for any help for us!

thanks for your time

my lawyer told me that my current rheumy told them that he didnt resond to any ssd claims. i was very dissapointed. hes the only rheumy in my area. hes told me on many occasions that i have lupus. been of of work for 3 years and seen 16 doctors. does this blow me out of the water? seems none of my doc want to stick their neck out to help me. what do you think? GOD BLESS FOY

or ask if you can pay him an hourly rate to fill out the paperwork.

YOu have 5 years from not working till you start to lose your credits. so don't let your application expire.

Keep it uptodate.

COuldn't your doctors records be used? My doctor wouldn't help me but I got approved on the record -based on my medical file.

Marti

I did have to decide but they just signed me up for straight medicare. THen I had some time (90 days ?? where I could switch. So I switched from straight medicare (separate parts B & D, you get A without paying for it - that is hospitalization).

Then I chose an advantage plan which included my A, B & D, hospitalization, doctors visits, and prescription coverage. If within those first days, 90?, I could switch if I felt I hadn't made the best choice for me.

After that, then I think you can only switch during a certain time of the year - unsure, but end of the year?

There is a tool online to help you decide - you plug in your state and few bits of info. It was pretty accurate.

Also, there is a service, no cost, where you can get a rep. to visit with you face to face and help you decide what plan is best for you. They even factor in the meds you are on as some prescription plans cover some meds and not others.

Just call the 800 number and they can help you on the phone or hook you up with someone who can sit with you face to face.

Hope this helps, Marti

Those of you have already applied, I have a couple questions.

1) When you fill out the form online, do you have a limited amount of space to answer the questions that require a written response (vs. checking a box)? Or can you write as much as you want?

2) I have printed out the disability report adult SSA-3368 form and the work history report. Are these the forms I would be filling out online?

I keep getting confused because they say that it is required but not a formal application. Do they mean that you have not formally applied until you do a phone or in person interview? Or is there another form?

3) Did you do a phone or in person interview? Do I have a choice? If so, which would you recommend?

Thank you very much.

I dont remember the forms and I did it in person.

I was reluctant to do the phone interview because I wasn't sure if they would be calling me on a good day or in the morning.

Marti

MARTI, thank you so much for your helpful and informative reply! It gives me a place to start. I realize that most first applications (80%) are denied, but thought I'd start to ask questions, just in case.

MOREINFOPLEASE, I recently applied online so can you my perspective based on my own experience.

Your Question#1) "When you fill out the form online, do you have a limited amount of space to answer the questions that require a written response (vs. checking a box)? Or can you write as much as you want?"

My Answer: The questions are both; some check boxes and some written. I think the most important ones are written. No, you can not write as much as you want. There is a limited number of character spaces for each question. That restriction really forces a lot of thought and editing to ensure you maximize your space and still get your limitations sufficiently expressed. There is an additional space area for overflow at the end, but that too has limited character space and functions as a catchall space for any/all questions. As such, I found it very confusing to navigate it and didn't use it.

Your Question#2) "I have printed out the disability report adult SSA-3368 form and the work history report. Are these the forms I would be filling out online? I keep getting confused because they say that it is required but not a formal application. Do they mean that you have not formally applied until you do a phone or in person interview? Or is there another form?"

My Answer: The adult disability report is only part of the online process. There is also a primary application part. The whole thing was 2 or 3 parts as I recall; primary, work history, and medical history. Sorry, unfortunately, the online printout feature didn't work for me so I don't have a copy of my application to look at to tell you exactly.

Your Question #3) "Did you do a phone or in person interview? Do I have a choice? If so, which would you recommend?"

My Answer: It is all your choice about how to apply/interview. The application process you chose determines the initial interview process. All roads lead to the same process after the initial application.

The following is my understanding of the process after initial application. I am not quite there yet in my own process so this is not from experience yet. After initial application, all applications are referred to the local state Dept of Social Services for evaluation/determination. I think this is done purely becuase of federal manpower limitations. ) that thereafter, the local stateDisability Evaluation Analyst determines whether they send you to one of their doctors to be interviewed/evaluation.fter the initial application, the whole process mergesIn the online process you initially don't do an interview process with a person, everything is input online. Prior to deciding to do the online process, I was going to do a phone interview process. I am so glad now that I didn't as doing so fully entrusts that the social security staff person is writing it down exactly as you are stating it. My experience with them says it would be like russian roulette depending on whether you get a good staff person. I didn't. I have had a lot of problems with staff getting things right. I have become quite jaded so please take that into consideration. Many others have likely had no problems!

My recommendations would be the following order:

1. Online (Allows you to have entire control over what is said)

2. In person (Allows you to interact and get a sense of whether the staff person is getting it right (facial expressions/body language) and you can correct misperceptions early.

3. By phone (Most convenient to do, but in my opinion probably the most risky. That said, my sisterinlaw did hers by phone and was awarded, but it took 3 filings to get it)

Other comments: My initial preference, which for me was unobtainable, was to get a hardcopy of the application to work with at home. It would require more handwriting, but would not have character space limitations like online. However, despite my persistent requests to be sent a hard copy to complete at my leisure, my local social security would not send one out. They said my choices were online, in person, by phone. That may just be a local determination thing and could be different in your state. My local office seems to have problems. They wouldn't give me a copy and then didn't forward on to the state determination office the medical reports I gave them. They had assured my husband they would forward them to the state office; they didn't. Once we learned about that, it was another crisis to copy everything and FedEx to the state disability determination analyst. So, giving it to the local federal social security office in my case was absolutely useless and money/time wasted.

I hope my experience with my local federal social security office was an unfortunate fluke, but felt I should state about it so others aware and know to diplomatically followup on things. Don't assume that things went where you thought they would. I only learned about it because I called the disability analyst to inquire if all my submitted paperwork had been received and ask if there was anything more I needed to do. Thank goodness I did that! But, the analyst was not very nice at all, was not appreciative at all, could not have cared less, and was obviously not happy that there would be more paperwork for him to read. All they care about is meeting their deadlines; its just a job for them. So, don't expect to be greeted by an empathetic caring person when following up on paperwork. It was quite unsettling experience.

So sorry, I didn't mean to babble on so, but hope the info is helpful for you!

I have an in person meeting next week. They sent me a disability report (green sheet) to fill out.

My question is when do you give them the medical records you have and I see so many saying they wrote narratives about what they can do and can't. Do you actually do that yourself and turn it in or what? I am just confused by the whole process.

Thanks for your help.

After the application, I gave them a list of doctors. Then later, I was sent a questionnairre in the mail. This was in regards to my activity levels and limitations.

There isn't much room so I added extra sheets.

This is where it is important to be specific. Don't write I can't stand, instead write when I stand longer than 10 minutes, the blood rushes from my head and I feel as if I am going to black out, then I just feel drained and I have to lay down for a while. After a shower, I must lay down for at least 30 minutes before dressing.

Those are the only three parts that I remember, the application, the doctors list and the list of limitations.

Hope this helps, Marti

Reposted here with Gramms permission:

gramms 07/16/08 01:02 PM So happy for you. Now you can focus on your health.

I appreciate your willingness to help others. Perhaps, when you are up to it, you can write a post in the sticky at the top of the page, outlining what you did, did you use a lawyer, what diagnoses were you approved for, that kind of stuff.

All the best, Marti



Hope this helps! 07/16/08 01:24 PM In reply to some of your questions: I did choose to use a disability lawyer. I gave it a lot of thought & wanted someone to rely on. I was lucky. He was a referal from my son's lawyer & he only handles disability. It took nearly 2 yrs. (which is what I was told). During that time I was refused twice & appealed twice. So the next step was to request a hearing. During the last 3 months of waiting, I also contacted my congressman. He sent my name to the disability office with a letter of my situation. I'm not sure whether this helped or not. My disabilities are FM, hip bursitis, IBS, RLS, elbow tendonitis, carpel tunnel & plantar facitis. (wow). The judges questioning was very brief & it was a woman judge. My lawyer told me that he never lost a disability case in front of her. (wow). I'm still overwhelmed with the thought that I really, really won. Good luck to all. I hope this message helps some of you.

Gramms

I am copy/pasting this answer from where I replied to someone on the main board about writing congresspersons.

I wrote to both of my Senators (Diane Feinstein & Barbara Boxer) and my U.S. Representative Ellen Tauscher.

The first 2 responded with a form asking me to basically tell them what I already told them in a letter. Being this sick (bedridden) and having told them that in the letter I wrote, really bothered me that they replied with nothing more than a delay tactic when I have already told them everything in the letter. To burden a bedridden person with a repeat bureacratic step is insensitive and unnecessary. I plan to write a diplomatic letter raising that concern after my case is decided. Only one of three (Barbara Boxer) gave a meaningful reply. She actually did something; not much, but something. All she did was send a letter to my local social security inquiring about the status of my case. Not sure whether that might help or could even hurt if it irritates them. I hadn't thought about that possibility, but should have since I worked in govt offices.

So, if I had to do it again I am not sure I would send letters right after filing. I think maybe wait until further in the process. For me, I felt later like I may have jumped the gun with it, but was following what others had recommended.

In retrospect, when you think about it, there is little they can do unless there is a problem or your case is bogged down. So, I feel like I might have wasted a bullet with an early letter. Hope not!

no, you are not babbling, and I really appreciate the information.

However, it sounds it is as I feared it might be with limited space to write. I think I will find it hard to edit down what I already wrote (which is not overly long but likely will not fit in the space they allow). I think I will also have some trouble navigating, which I think I recall you posting about.

But I did not think through the implications of doing the alternaives--phone and in person, and thank you for pointing them out, esp with the phone appt.

I too wanted to get ahold of all paper copies of all parts of the application. I thought I would be able to answer the questions a little at a time, giving me time to think about them and gather the info, and I could then type the answers into the online application at times I was feeling up to it. But I am not sure that I have downloaded the entire application.

If I were to do an in person appointment, can I bring the paper application already completed?, does anyone know? Or would the application be written by the social security person?

I know that this process does not have to be set up to be this confusing, it is purposeful that it is this way, and that really really frustrates me.

You are right that it is far more confusing than it should be....and, that there is a reason for that ....one that works in their favor and keeps lots of them employed.

Thusfar, and I hope my experience is a fluke, it has been a nightmare from the outset. Virtually nothing has gone right, and if I get awarded at this rate it will certainly be divine intervention.

I had what I thought would be a perfect process outlined that I could follow that would compensate for my brain problems. The problem is that it doesn't compensate for their brain problems (incompetancy). The list is growing daily it seems. I spent months collecting medical records from my doctors. My medical records arrived to me in a mess and I am sure social security received the same messed up pile where my name isn't even on all the pages, rendering those pages useless. I organized my pile in the proper sequence batched by doctor/chronology. That was hand delivered by DH to them, and they failed to send it on to the evaluating analyst, 60 miles away. It has truly been keystone cops, but not funny. I got a letter from the analyst yesterday saying I had 10 days to call him and get more things to him or a decision will be made as is . I have been trying to call him all day and no answer. Tomorrow is Fri and my guess he took vacation days off. Tomorrow I'll call the main line number to find out.

One of my doctors called this afternoon to tell me he is sorry that he hasn't done my letter to SSDI. He is off tomorrow, but is coming in to the office on Sunday to do it, but has none of the paperwork I sent him on June 9...says he has never seen it. Without it there is no way he can do a worthy letter as it outlined everything. So, he will pop in on Sunday and whip out a letter that won't meet their criteria which is that the letter must say more than this person can't work. It must say your exact diagnosis and why you can't work, etc.

At this point I am too sick and stressed to worry with it. It will be what it will be. I can definitely see why/how 80% are denied on first application. It is an obstacle course that sometimes miraculously works for a small percentage. When I get the denial, I will contact Allsup or an atty to take over and navigate the rest of it as I just don't have the stamina to physically deal with it. Today is a really bad day and maybe I will feel different tomorrow. I had dental stuff done yesterday and had to do a heavy metals DMSA test today that made me sick. Just explaining so you can factor out my negative whining when deciding how to navigate your own route.

I wish I knew the answers about the application thing. If I had a copy of my application I could check it and tell you more specifically, but the system failed there to. I wonder how many people apply online and the system fails to print out the application. I am guessing I am not alone here. It sounds like you don't likely have the whole application. I know I looked for it online to do it exactly the way you are proposing.........which is the way it should be done. It shouldn't be a mystery game like this.

I think the best way you can control what is written is to do the online process. When I initially contacted SSDI by phone and they did an initial short intake process to open a file in their system. I lost confidence in working with them and myself about trying to handle it by phone. I get too many brain-freezes and the person I had was impatient. Whenever I needed more time to think about something she just kept talking "for me" and clicking away typing in "her answers" not mine.

It is important to be aware that SSDI has had so much public (TV) criticism about backlogs that it has impacted their process where their only objective is prove they have an improved process regarding speed....quantity not quality. All they care about is that they can show they have a fast intake process and people aren't waiting. That is great for applicant's who have help or don't have cognitive problems. I don't see how rushing through to an ultimate denial because quality was compromised helps us.

I had copy/pasted some of the online questions into a separate Word Document where I could work it and then copy/paste it back into the online document. I found a couple of questions. I hope this helps you. If I can find more I will post them for you. As you can tell the questions are somewhat vague, but they are looking for specifics in answers. I rememember they gave some exampless to help, but I don't have those, sorry.

It is really hard to manage the character cutoff because their system doesn't count characters as you type. That would help if it did. Instead they let you type as much as you want, thinking it is all going in....you have to keep clicking submit button to monitor ....I never could figure a better way if one exists. When you click the submit it then tells you how many character spaces you have already typed. If it counted and displayed as you typed it would be easier. I really burned my brain out using this process.

There are tons of questions and these were just a couple of them. My brain was so messed up that I couldn't follow a consistent process even with trying to track the questions. With my cognitive problems, please verify and don't rely only on what I have here.

TELL US MORE ABOUT YOUR CONDITION(S) 500 characters max

TELL US HOW YOUR CONDITION(S) LIMIT YOUR ABILITY TO DO BASIC WORK ACTIVITIES SUCH AS SITTING, LIFTING, AND CARRYING THINGS, CONCENTRATING, OR REMEMBERING INSTRUCTIONS. 500 characters max

Even these examples help me, as they confirm that I do not have the entire application on paper (which is what I did original think), and give me an idea of what I will be asked and how long my responses can be.

I am sorry you had so much trouble. I can relate, as I have problems with the same things you mention, and tend to have bad luck in having things go wrong.

Thank you for sharing your experience.

I think I might go crazy trying to complete it with the limited character spaces, so think I may do an in person appointment.

I guess my first step should be to call and make initial contact, and then I can get an impression of what I'll be dealing with.

Good luck with the process and a good outcome. Also, know that all questions don't have the same 500 character restriction. As I recall some were 800 or 900 and one or two others were 1000 or 1100. And, it seemed to me that they ask similar questions in different ways. I think that is likely intentionally to see if you respond the same way, but I am just guessing.

With my brain problem I don't think I could have ever done over the phone and been successful with it. It was hard enough working with it on my own. I know that each time I another person involved in the process (my husband) it got more confusing and frustrating. Of course the difference there is having a skilled and nonskilled person who isn't familiar with the process helping you. Like I say, my sisterinlaw did hers by phone and she had no problems and was awarded after the third go with it.

I truly think there is no single one right way to do this thing. It is really about what works and feels right for you. All approaches, online, phone, in person have their strengths and drawbacks, and the unknown variable is always going to be whether you get a good staff person helping you. If you end up getting one that isn't so good, maybe you can interrupt the process not long in and say you have been experiencing a recent flare period and are getting dizzy and need to lay down and will need to reschedule...in hopes you may get another person next time. The staff who take initial intake are from the federal office. That part is very basic and short, less than 5-10 minutes if I recall right. A subsequent more indetail intake will be scheduled after that with your local federal office staff. That is the part I didn't follow through on because the person didn't have it together at all. So, I completed it online instead. Once the full intake application is completed then it is shipped to your state level disability office who works in harmony with the federal office. The "evaluation" of your disability claim is deferred to the determination of the state level office. At that point you will be assigned to a disability determination analyst and from thereon out your contact will be with that same one person. While interacting on the federal level, it seemed to work very random. I never talked to the same person twice, and no one really wants to give you their name & number; instead saying just call back when you feel better and anyone who answers the phone can help route you to any one of us, which may or may not be me. Sharing all that additional info so that you can see it seems to be perfectly harmless to interrup the interview with not feeling well in hopes of getting a better person next time to work. Of course, you could always get a worse one;)

Good luck! Let us know how it goes for you!

I just received my letter, finally "Fully Favorable" and I'm not sure what the following statement means. If any one can help, please do.

This Decision is Fully Favorable to you

Another office will process the decision and send you a letter about your benefits. We have not yet made a decision about weather you meet the nonmedical requirements, but we will make the decision soon. You will get a notice about the amount of your payments if you meet the nonmedical requirements.

What is a nonmedical requirements?

Thanks for any help!

Trish

I found out that, that means I qualified for the benefits due to medicals conditions, now what is left is to make sure I have enough credits, work history etc to finish the packet. That isn't going to be a problem as I already know that I have those things in order.

Thanks for the response.

God Bless

Trish

will try to keep it simple, confusing topic

but has anyone ever had partial private disability thru work and then had to apply to feds/ssdi? anyone know how that works?

also, does anyone know how working parttime instead of full time for many years effects the payments?

and someone mentioned about assets in post above, how does it work if you own a house or something? does that negatively effect what you qualify for?

good luck to y'all going thru that messy sounding process, i may be there with ya soon.
[This Message was Edited on 07/25/2008]

Hi everyone, I started new thread that only contains SSDI approvals and would love to have your testimony. The thread is titled "SSDI - Social Security Disability Testimonies - Add yours".

I would like to ask anyone who has been approved to add a post with their testimony. I think it would be helpful to those here who are struggling to apply or who have applied and are struggling with the wait.

Some helpful things to know - if you are uncomfortable with any of these questions - just skip the question. Any info would be helpful.

1. Did you use an attorney/Allsup or go it alone? 2. Were you approved on the record or after a hearing? 3. How many times were you denied? 4. Did you have a doctor's general attitude of support? 5. Did you have a doctor's help with a letter or report? 6. Which impairments did you get disabilty for? 7. How many other health issues do you have? 8. How far back did your back pay go? 9. When you were approved? How old were you? 10. What state do you live in?

I think just seeing the number of testimonies will give support and encouragement to those still struggling.

If you can't find it the post, then post here and I will copy it to that thread.

Thanks, Marti


[This Message was Edited on 08/01/2008]

Can anyone please explain what the functional role difference is between the Social Security Field Resperesentative (federal office) and the Claims Analyst (state office)? I just spoke with my state office Analyst. Regrettably the language barrier was so bad I could not understand more than half of what he was saying. Didn't want to keep asking him to repeat himself again and again and risk creating a negative barrier with him. Thanks for any help on this.

when you use a lawyer or alsp, do you file the SSDI paperwork yourself? or just get all medical info together and they fill out and file paperwork?

If they dont do the paperwork....Where do I get paperwork? Or can i do it all online somewhere?

thnanks

Hello

NOT SURE IF YOU STILL CHECK IN ON THIS SITE BUT, IF YOU READ THIS AND FEEL WELL CAN YOU E MAIL ME A T jennifer@prizantbeauty.com AND SHARE HOW YOU RECEIVED BACK PAY ON DISABILITY CLAIM?

I WAS APPROVED FOR DIS ABILITY BUT THEY PICKED A DATE OUT OF THE AIR AND THEN ADDED THE 6 MONTH WAIT SO PAYMENT STARTED SEPTEMBER 2007 WHEN I APPLIED FOR BENEFITS 12/06. THANK YOU JENNIFER

No wonder I didn't get any responses on the main message board.

Today I got my disability statement in the mail. How much longer does it take if you let Soc Sec contact Dr.'s for your records vs. having them copied & bringing them with you when you file? It is so expensive for them to be copied. My file HAS to be thick.

The records ofc at my PC office said she needed to know what exactly SS would want. (1 yr, Dr.'s notes AND labs?)

The PC has most Dr. visits & test results, but the neurologist is the one who diag'd me.

Also, will they want to see all records from all other Dr.s over the last 7 yrs.?

Should I make an apptm. with the 2 main Dr.s that I see & ask for a letter talking about my disability?

Should I make an aptm with SS & file now, or get some of these things done?

I was hoping to get things in order to have a better chance of being approved.

Thanks for any help

Jenny

Hi Jenny,

I take a look at this thread every now and then and saw your thread this morning.

I wish I could help you but I have an attorney, at the appeal stage, and attorney doing all of the "leg work" for me. I'm sure there are many who have filed and won themselves without an attorney.

I do know that you can do a search on SSDI and find some answers (at the top left). There are sites like ssdi secrets dot com, etc. on here.

Hopefully someone else will see your question and give you some answers. Maybe you could post a thread and name it, "SSDI Question in the SSDI Thread", or something like that.

Take care,

BlueSky

Get the book "Nolo's Guide to Social Security Disability". It is the best money you will ever spend in fighting for your benefits. You can find it on Amazon, and I'm sure bookstores can order it for you.

Some of the chapters just for your info:

Applying for Disability Beneifts Getting Benefits Durning the Application Process Proving you are disabled Who decides your claim How age, education and work experience matter (important chapter) When benefits begin Reasons you may be denied benefits Appealing if your claim is denied Once you are approved Continuing disability review Your right to representation Then multiple chapters on various qualifying disorders

It has examples of the forms, definitions for terms and so much more. This book helped me tremedously, and also helped my docotr when it came time for him to write a letter on my behalf. My doctors 5 page letter won my case. Even the medical expert and judge said it was the best letter they had seen, and how it helped explain my problems.

I am 56, live in Arizona, I filed 10/05 using Allsup. I was denied twice, and won my case before the ALJ on 5/9/08. I was awarded back to my first day off of work 4/05. I also wrote to my congressman when it was taking so long to get a judge assigned.

Much luck to all of you who are filing. Don't give up hope or the fight!

M J

I just got back on the internet.

Here are my responses to your questions in ***,

FWIW: I was approved in 2 months. I did not have an attorney or any help. Just stumbled through it and was approved. My testimony is the 9th post on page one of this thread and also on another post - search my name.



Duh!! I just found this thread 08/14/08 09:35 AM

No wonder I didn't get any responses on the main message board.

Today I got my disability statement in the mail. How much longer does it take if you let Soc Sec contact Dr.'s for your records vs. having them copied & bringing them with you when you file? It is so expensive for them to be copied. My file HAS to be thick.

*** I just let the SS representative do it. If I had thought about it I might have brought them in. But I wasn't prepared.

The records ofc at my PC office said she needed to know what exactly SS would want. (1 yr, Dr.'s notes AND labs?)

The PC has most Dr. visits & test results, but the neurologist is the one who diag'd me.

Also, will they want to see all records from all other Dr.s over the last 7 yrs.?

*** I would list all the doctors and hospitals you have been treated by and they will decide which ones to exclude. They did not get records that were very old (5 years old).

Should I make an apptm. with the 2 main Dr.s that I see & ask for a letter talking about my disability?

*** You could try that. I did not have help in this area.

Should I make an aptm with SS & file now, or get some of these things done?

***I would make a list of all the doctors that you have seen then file.

I was hoping to get things in order to have a better chance of being approved.

*** please refer to my post and get some ideas. Make sure you have the SSR ruling in your package. It is listed in my post.

Thanks for any help

Jenny

*** you're welcome. not sure if that will help Marti

I just wanted to share their name with everyone:

Shapiro & Siegel- the best attorney for Social Security!!!!

They basically handfed the SSA office and got my approval so fast!!!!

They sent in the request on Tuesday and by Friday it was approved!!!

We are all struggling and I wanted to share this. 203-327-2273 is their number.

-Ruthann - actually Aaron wrote my request (the atty's nephew who just finished law school). He's extremely bright!!

This happened so fast that I had to share with everyone

-My name is Ruthann (feel free to tell them that I sent you- I get no kickbacks, but am just so darn appreciative of them and I want them to know it!!!!)
[This Message was Edited on 09/02/2008]
[This Message was Edited on 09/02/2008]

Hello In 2005 Oct I was admitted in the hospital for chest pains. I ached all the time all over. for a long time. The Ekg had indicated that I indeed had a heart attack. but I did not after running further test and being the hospital without insurance for 7 days. The doctor asked me to consider the possibility I have fibromyalgia and also they found rumatoid arthritis in my knee. I researched this illness and found to have all the symptoms. However, I do not have insurance, so I have been taking supplements and herbs to get me through and ibprophen..I started going to clinic. but they lost all my records so mysteriously..Now I am seeing a reumatologist and he confirmed it is fibromyalgia. and he put me on several medications. expensive with no insurance. I have tried to work for several years but only work a few months and have to quit due to the pain being unbearable. I owned my own business for five years and it does not show on my ss statement of me working during those times. They say I am not eligible for a certain type of benefit due to my work history. but what will I be elegible for? and how do I see a doctor on regular basis without insurance. we barely make ends meet. we live in florida and it is tough here. any suggestions as to what I need to do?

I have been reading this thread and boy it takes me back to those unhappy times, I think you can have a sort of PTSS from going through the application process. Even though i was approved about 16 months ago, I am still pinching myself that " I got it". That being said do I dare risk it by taking a 10-12 hour a week job just to get out of the house. I do not want to take any risks that could jeopardize benefits, NOTHING is worth losing the benefits. Also, since I got the benefits do i need to worry about being reviewed again, how often does that happen and who has been through that??? PLEASE chime in if you have IP, because these questions have been posted and not answered by others too. Thank you

I (and many others on here) aren't well enough to answer your questions, but I think you'll find lots of help if you ask people who are part of Disinissues.

I applied for disability for chronic fatigue and post-traumatic stress disorder 2 years ago and was denied. Then I went to a lawyer, and he said I needed to see a psychiatrist about chronic fatigue. I was surprised that he saw it as a mental illness. I didn't go. I didn't see any point to it. My family doctor had diagnosed chronic fatigue, along with post-traumatic stress disorder.

PTSD gave me the most debilitating set of symptoms, and was the reason I lost my job. That's much better now, but the chronic fatigue has continued all along, and has kept me from working more than 15 hours/week at a new job, even while my husband was unemployed. On the lawyer's advice, I appealed the claim on the basis of chronic fatigue only.

It's been over a year since I talked to the lawyer. He said to wait until I hear from him, and that it takes a year to get a response from the government. Maybe I did not pick a good lawyer.

I just wondered if anyone had to get a psychiatrist's opinion on chronic fatigue in order to get disability. (sorry for all the extraneous info!) --Jean
[This Message was Edited on 09/03/2008]

you wrote: They say I am not eligible for a certain type of benefit due to my work history. but what will I be elegible for? and how do I see a doctor on regular basis without insurance. we barely make ends meet. we live in florida and it is tough here. any suggestions as to what I need to do

I believe if you do not have enough work credits for SSDI (a federal program) you may qualify for SSI (a state program).

Medicaid would be the health insurance you would get if your qualify for SSI. The income requirements are so low that it is hard to qualify.

Please check and hopefully you can get some help.

Alangan I have not had my first review yet, but I have been told to expect it every three years. I was approved in Oct of 2006. Marti

JBL,

I did have to see a psychiatrist. Was sent by SSA. I don't think that picking the lawyer has anything to do with it. When I hired my attorney, I was told it would take about a year before I would hear from them and it did. Then, it took almost another year. I waited about 3 1/2 years and finally received my award letter today.

There is some good information on this board. Also, some sites suggested by others here.

Good luck to you,

BlueSky

Hello, I'm new here and in the process of my claim...yesterday I recived a letter with an appt to see a PHD for a psychological exam...take my ID, meds with me...What is this exam...do I need to write anything down to take with me..I have a major prob with remembering..my husband is taking me...as the meds I take for pain are way to much for me to drive...guess it could be my panic attacts..but should I be worried? Thanks

I also am scheduled for a 2 hour psychological exam and a physical where I am to bring shorts and a t-shirt. What will I be required to do? Does anyone know?

Does it look bad for me having to have 2 exams by DDS? Just wondering?! I know 4 of my 6 doctors sent in medical records so I think it is strange they don't seem to have enough medical information on me.

thanks for any help.

The guy i talk to said i would have to see two drs a regular and a head dr. So i just thought it was me? What state are you in? Thanks hensue

Just got my application in with allsup tuesday

Clearly my question was addressed to somebody who might be in my shoes not those that are suffering so horribly they cant type. Really, it seems everybody is on their deathbed except when something is important to them, my question was posted because i wanted feedback from somebody posting here that just may be working part time and I know there are a few. To everyone else, I have been there too, my sympathy and prayers are with you always, where there is a will there is a way. Dont give up. Read what I went through on my old posts, I have been there too.

Most of my Dr. records have come in & I'm ready to mail everything to Soc Sec for disability. I'm working on the suggested letters from treating Dr.'s (and family, friends, etc.), who can testify to my condition. What does Soc Sec look for in these letters?

Does anyone, who was approved for disibility already, have a sample of what family or friends wrote?

I would greatly appreciate help.

Jenny

Congratulations on being awarded your disability. I know it has been several months since your post but I just came across it tonight. I applied for my disability last May 08 and I have just gotten a letter from SS advising that I have to see their doctor next week for evaluation. You said you got back pay. Do you know if they are still giving back pay, and how far they go back? Is it the date you became disabled, or the date you filed for disabiliity? I believe that I read on the SS site that you would be paid from the date your disability began instead of the date you filed but I am unsure because my short term menory is shot! Again I am so happy for you. I pray that I will be awarded mine as well but honestly speaking, the forms, fatigue, and fibrofog has put me into a flare. Not to mention trying to survive financially while all of this is going on. Best Wishes, EvaRose

Hi! I live in VA also and filed my own disability claim as well. I have FMS & RA. I filled in May of this year and just got a letter telling me I had to see their doctor for assessment. I sure hope I am approved. Please keep me posted as to how things go for you. Best of Luck Eva Rose

Hi Jam, I too filed online and went through the exact same thing as you described. It seemed as if they asked the same questions but worded them differently. At the end of the report, I was so stressed out and confused, I don't know if I answered in a way that will be the best for me. Thank you for sharing and good luck

Actually I went to see an Attorney the day before and I was just asking questions. I didn't realize she was putting me in the System until AFTERWARDS.

I asked her if she could do that because I was still working but I knew that I had only half day at work because I was starting to have a meltdown and by the time I got to my Doctor's Office I was DONE with work.

I'm over 50 and have been at my job for almost 20 years.

I have Fibro/CFS/OesteoArthritis/Scoliosis low back, strange place. I also have Generalized Anxiety, Depression, Post Traumatic Distress Order.

I work in hell. It was a very HOSTILE enviroment and my job was the cause of me finally breaking down.

My Doctor said I was so drained that he didn't know how I made it to his Office.

He has taken me out of work for 4 weeks, I see him every 1-1/2 weeks.

He told me that the STD/LTD would be a b^*ch to get because those companies don't recognize Depression, Anxiety, PTSD, so I told him that when I got depressed, anxious, PTSD, that the Fibro/CFS and Arthritis would bring me to my knees...that I stay in bed for days.

He is working hard for me..he said it is time to be home because I'm not in good shape at all ( after I was taken to the Hospital with Chest Pains ) he put that in the paperwork also.

Please wish me luck as I have had money and now I don't.

I'll say a prayer and light a candle for all of you here.

Take Care.

Belle~

You can go to work on SSD but you cannot make more than $800.00 a month.

If yu're really nervous about it then call SS Office and ask them. You don't have to give your name.

Take Care.

Belle~

Hello alangan,
I am one of those on SSDI who is well enough to work part-time. I first started working about 15 hrs/wk about a year and a half after I stopped working due to CFS. When I started working, ironically, my SSDI had just been approved a few months before. I notified the SS office and the lady was like "You're working already?" not taking into account the 1 1/2 yrs I was not able to work at all before SS approved me. You should always notify SS if you do any work while receiving benefits. My experience with SS was that I went to vocational rehab and did a ticket to work. My case wasn't reviewed because of part time work. I only made about $400/month maximum.

I did start to work full time later, used up my trial work period, then realized I couldn't do it due to the fatigue and my SSDI was restarted immediately with no review as I was in the 36mos extended period of elegibility. This probably won't apply to you if you only work part time.

As long as you stay under the SGA (I think its around $700/mo now) you will most likely be ok. I know there are a lot of people afraid to work at all on SSDI, but I had no problem with this. I am working part time now-about 20 hrs/wk only making $400/mo as it is a stipend position. I did post about part time work on the other prohealth CFS/FM board if you want to check there before they take that board away.
Hope this helps answer your questions.
Tracy

This document you posted addresses CFS, but says nothing about fibromyalgia. Fibro has been proven to be an objective disease based on pressure points, so I don't see how this document applies to it.

Thanks, Linda

I've been confused about SSD backpay also. I quit my job in 5/05, filed 1st claim 2/07. Was denied at hearing level in 3/08, then started all over in 6/08. I'm at the reconsideration level at this time. I've read/heard that 1) backpay starts from the time you quit work, 2) 12 months prior to filing date, 3)from the date you filed. I have no idea what the answer is! If anyone has any information on this I would very much appreciate it!

Thanks!

Zen, of course you're correct. Fibromyalgia is accepted as an objective illness by the American College of Rheumatology.

Unfortunately, SSA is very bureaucratic and looks to see if a diagnosis is on their official List of Impairments. Lupus and Multiple Sclerosis, for example, are. However, neither Fibro nor CFS are on this List.

The SSA Ruling is the closest to a "listing" CFS and Fibro have. It helps SSD reviewers who could easily reject a claim because it doesn't have a listing. While the Ruling's emphasis is on CFS, Fibromyalgia is mentioned in a footnote.

Of course, a doctor's written explanation of how you meet the ACR's tender point diagnosis for Fibro is also essential to a claim.
[This Message was Edited on 10/16/2008]

ive tried to post on this message and its been taking forver to load...

does anyone know first steps to filing? do i do it online? get allsup? get lawyer? or call ssdi office? im sorry if this is already listed as ive said ive had trouble with page and im getting anxious and overloaded by it.

please let me know what works best...id really appreciate it alot
thanks

I finally received a date for my SSDI hearing. It will be in March 2009, exactly 3 years from my original application. I can't wait.

I haven't been online for a while, but sure could use some advice!

I have gone downhill over the last 6 months. I am down to working just 1 day a week and even that is getting to be hard to do.

My mom thinks I should file for disability, but I am not sure I would qualify. I would love your opinion on if I should file and also if I should use Allsup.

I am 42 yrs. old and first saw my family doctor last August. She referred me to a Rhuematologist. I have been diagnosed with Fibromyalgia, Osteoarthritis in spine, & severe Sleep Apnea.

These next one's were mentioned in my Rheumatologist appointments, but I don't know if he actually charted them as being diagnosed: Chronic Fatigue, Depression, & Restless Leg Syndrome.

Would really appreciate any and all advice and if you think I would qualify or have enough to file on. Thank you! Springfling

im having problems getting all post to loading..

PLEASE can someone help...is it best to file online by yourself...or just call allsup and let them do it all???
thanks

You can start your application yourself, that much I know; and the sooner the better.

By the way, for what it's worth, if you've been assigned a judge for an upcoming hearing, you can find his record of denials and approvals at:
http://www.oregonlive.com/special/index.ssf/2008/12/social_security_database.html?app

no matter what part of the country you're in.

i didnt know about the link to look for judge..im torn between allsup or doing myself on line...i keep not being sure

ive posted alot on this issue..and keep hoping that i will be able to decide...ive had people post they did online and they allsup
i just know so very little about filing that it makes it scary

so if anyone is tired of me asking for guidance im sorry lol..im just trying so hard to figure all this out...

and i still cant load the ssi thread.. i got on it twice which was great but the rest of time i cant...i posted the two times i got on..and someone had cut and pasted some post for me to read which was great on another thresad...

btw can you change your judge if you find out its a lousy one? after youve been appointed one?
thanks

You cannot request a different judge. Unfortunately it's apparently the luck of the draw. You can only hope that if you are turned down at the first appeal, on the 2nd you won't get the same judge tho there's no guarantee.

I wonder why you cannot pull up the SS thread? Can you maybe go to the library and do it? That's what I do when something is wrong with my computer and I have to do something.

Have you called SS at all yet to start your application? If you haven't, that is the first step to take, regardless if you decide to later hire an attorney or not. Most people don't get an attorney until the initial turndown + the turndown on the automatic reconsideration 6months after the first turndown as that is when you actually file an appeal.

What you need to do is to get all your records and request narrative reports from your doctors after every visit. This is important not only to document your appointments and your problems, but for you to review as there are often many errors, even with doctors who are "on your side" & believe you are disabled, believe it or not.

But regardless, the first thing you need to do is call, you can set up a phone app't or an app't to go to a local office.

all the best,
Victoria

I am in the prosess of application, I am using allsup, it was all just to overwhelming to me and I knew I needed help, there are reems of paperwork, and deadlines so I just called them from the beginning. I don't care how much it costs if they can help through this, I have enough other things totry to deal with and they have been great, very kind and made answering the questions easy since it was all done in a conversational way that I could follow. My rep and the other ladies I have spoken to have all been great. They answer all my questions and never put me off like they don't have time for me. I have gotten a call back everytime they said they would and feel very good about them. I hope this helps someone who is thinking about ssdi. I would have never been able to get it together to do this without them.

Here is a link that discusses the importance of affidavits when we have unusual diseases. Our credibility is at stake with the judge and this attorney feels it is most helpful to have notarized statements from people who know us and have seen us change. A previous supervisor is especially valuable.

I've just asked 2 old friends to provide short statements to SS.

http://www.scottdavispc.com/articles/12-Win-Disability-Help-by-Coworkers-Family-Friends.htm

i called the 1-800 number on ssdi to see if i could print out forms and where i would need to mail them to...

i wanted to print out because the 750 letters it gives to write what is wrong and makes you unable to work wasnt long enough...

but i reached someone who set me up for phone intereview next week..and said that they would give me info on whree to mail the forms to at that time...

ive not got all my info ready enough to where i feel i can do any kind of interview...

is this normal?
thanks

If you feel you need more time to file, by all means, cancel the phone interview. It's best to take the time to do this right, IMHO. You can always reschedule.

You know, I'd call again, get another person, and ask once more if you can file an application by mail.

If the answer is no, try calling once more. It's amazing how many different answers to the same question one can get at SSA!

Maybe there is a different form available for mail-in applications. Maybe not.

If there is no mail-in application, you might consider printing out the online one and adding sheets of paper as needed to fully answer the questions. Just be sure to label everything carefully (for example, "Question 5, continued").

You will have to have contact with a Social Security reviewer at some point. Frankly, if it's at all possible, I'd go in for a one-on-one interview.

Have you seen the "Adult Disability Starter Kit" on the SSA website? It can be found at

www.ssa.gov/disability/disability_starter_kits_adult_eng.htm

Good luck, and hang in there!

ive been so upset since talking to them...i am very nervous person..it has put me in a bad flare...i thnk for my health i will go with allsup..id hoped to do it more on my own and use allsup as a last needed thing..but im in so much pain from just the anxeity of it...
hopefully allsup can help me

[This Message was Edited on 01/12/2009]

It's a very upsetting process. I applied some time ago but remember what a nightmare it was.

Your health is the most important thing to hang on to. If you can afford Allsup, I say go for it. By law, they can only charge so much for representing you.

I did both the initial application and the reconsideration on my own and hired an attorney for the hearing. If I had to do it again, I would have hired someone from the start.

I hope your decision brings you some peace of mind. Try to relax if you can. I think you will feel much better handing this over to someone else.

Take care,
Mezombie

do you know if allsup is free? do i only pay if they win? i cant afford to pay someone and if i not win i wont have money to pay them
thanks

do you know if allsup is free? do i only pay if they win? i cant afford to pay someone and if i not win i wont have money to pay them
thanks

Allsup doesn't charge a fee until you receive your SSDI. Then they can charge up to 25% of your retroactive award (the money Soc Sec owes you from the day you became eligible to the day they actually approve your claim). That's it!

Check out ww. allsup.com for more information. I did not use them, but it does sound like they're helping people like us.

Marti,
I want you to know that your post in June of 2008 was so very helpful to me. I read and re-read your tips (along with many other articles here, there and everywhere!), and applied them to my own disability application last December.

I received a letter last week stating that I had been approved!

The down side is they are saying that the date of disability is my 50th birthday in January 2009, not the actual last day I was able to work in June 2008. I know it has to do with job training issues not being applicable after age 50. I could argue it, but I think I'll take what I can get and be happy about it!

Thanks again for your help!

~Jan

Unfortunately , I just received my denial at the appeals council level. I have so many chronic illnesses and some days I am so sick that I can hardly move. This is just so depressing. I don't know what I will do now. I don't know if I have the energy mental or physical to start all over again.

I'm not sure what happened except I found out that my lawyer had been reprimanded by the state board and had to stop practicing for 2 years right before I met and signed up with her. My guess is that there is a huge prejudice against any case that she accepts.

If anyone has any ideas / prayers / information for me , it would be much appreciated.

Thank you
Holly

Betty, I don't know if regs have changed, but when I applied for SSDI 7 years ago, I applied within 1 week of my FM dx, while on my state's Temporary Disability Insurance program. I was approved within 7 months of my initial claim. I live in RI. I would eccourage anyone to apply immediately upon their diagnosis. I am a disabled RN.
Now I'm facing a different challenge. The college that I was teaching at is closing and I have been without a job for over 10 months. I'm an RN/BSN, Board-certified in Community/Public Health nursing, with 40 years of experience. I've sent out 100's of resumes, gone on 50+ interviews over the last 6 months, and no one has even called me back. Discrimination along with a weak economy has done me in! As far as the state's Rehab Vocational Counselor, he is useless! I submitted my pages and pages of info at least 2 months ago, and I've heard nothing from that office. Any suggestions?

For the official ruling stating that SSDI, including Backpay, is off limits from the Trustee see
this website:

www.ca8.uscourts.gov/opndir/09/07/086046P.pdf

Sorry, I don't know how to cut and paste pdf files.

Hope this can help someone.

Where do I go? Patti

A friend of my son has had schizophrenia most of his life. He has, however, been able to work sufficient time to get Social Security. He is now taking low paid temporary jobs. Fortunately for him his father was a very wealthy man who left his money in an airtight trust for his son. The trust pays this guy $2200 a month allowance, pays all his utility bills and taxes, and all upkeep on his house. Recently he had about $70,000 on his credit cards, and filed for bankruptcy. About a week later the trust found out what he'd done, paid off the credit cards, and ended the bankruptcy. He next applied for SSDI and RECEIVED IT WITHIN 2 WEEKS.

I read Linda Fullerton's web site. How on earth did this crook manage to pull it off?

Ginnyb

bump

Hello to all,

I have a different question that I hope someone can help with. 3 years ago I applied for disability due to CFS and to my surprise, was accepted on my first try, without an attorney. The letter said I would have a disability payment for up to 3 years. At the time, I thought there was no way I would still be unable to work after that time limit, but unfortunately that is the case.

What happens when you are "re-applying"? I know they will send paperwork, but do I have to start from scratch, or do they just re-contact your MDs to see if all is still the same? Is it harder to retain, or maybe a bit easier to keep since you cleared the first hurdle in getting it?

I want to work, have worked since I was 16 (I am now 50) and pretty much have a miserable existance...I used to be very active physically and mentally. Now I sit, sleep and am alone alot while my friends continue on with their lives. I am getting nervous that I may be denied as they may think 3 years of coverage is enough...can anyone give me their experience with the renual, for lack of a better word? Thanks so much to everyone!
hollandtx

I've had fibromyalgia since 1994, and I applies for social security disability which took 4 times of reapplying. At that time, they did not know anything about this illness. If you are employed, all you need to do is make sure all your medical records can be obtained. Go into the website "socialsecurity.gov, and you'll even be able to apply on line. Your amount of your disability benefits depends on how long you were employed, and how much you contributed to you medicare (fica) tax. If you haven't worked long enough to accrue credits, they still have a benefit called SSI. I don't what the amount is now, but if log onto the website you'll be able to obtain a lot of information. Its not difficult to qualify for disability with this diagnosis, infact I believe fibromyalgia is one of the top of the list. During the time I attempted to obtain disability, even with all my physicians explaining that I am not capable of working I was denied. It should not take you long to receive benefits as long as you have the medical records to go along with the diagnosis. Good luck