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Mike - I guess this 'back & forth' could go on forever but I will end my part of it by saying that Mike F worked for several years with SSDI. The end.
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I have helped many people to get started in the process over the years. And I have ALWAYS recommended legal representation. Even at the Initial stage it makes your claim look more legitimate as told to me by the woman who helped me. What I have written is sage advice. That you have stated help can be expensive is, as I have explained, in the scope of things quite misleading. Paying up to about 4-5 months of benefits, and nothing if you are not awarded benefits, is not a reason to seek out any other "free" advice alone. The reason to talk to your friend is to ask if his legal representation is competent, if he is all you claim he is. *edit*If your friend knows how to do that properly that's great. But a letter from a legal representative kindly requesting it be filled out in detail would be helpful. My primary doctor at the time filled the form out in under 3 minutes, effectively not helping me at all at the time. Had that all been handled properly at the start I might not have waited 2 years for a ALJ Hearing. Only you and/or a lawyer can send the doctor a practice copy of that form first and ask that he take the time to truly help them after speak to the doctor. No one behind the scenes can do such. |
My understanding is that only about 25% are approved on Initial filing, of which some are approved at a ALJ Hearing later, because their doctors have not taken the time to fill out a RFC form in detail, thereby not giving the case worker any reason to approve benefits on.
To those applying, if your doctor does not FULLY support your claim for benefits there are a few options: 1- he is right and despite your ailments you are not functionally disabled 2- he is incorrect 3- he has long ago tired of paperwork and wishes to practice medicine and is not going to be your advocate to the degree necessary. In that case, you need another physician. But many feel the same way as more paperwork has entered their practice. One neurologist I saw had with the mailed paperwork, and on a red sheet of paper in bold letters, that his office does not see patients with any workman's comp issues, disability issues, or legal issues. That is what insurers have done to the doctors out there, and by design. Let me state this one final time. Unless you are truly disabled, working is much better for your well-being. It is a curse to be disabled. You WILL lead a different life and with less money. If you can at all delay going on disability, I would urge it in the strongest of terms. |
Help with applying of SS Dissability
If one is denied at Initial filing and must go to an Administrative Law Judge for a hearing, the odds are good that he will ask a Vocational Rehab person to look over your case and ask questions.
After a ALJ Hearing the judge writes his "DECISION" and in legal form, and he goes down a checklist of items. All are required, as per the SSA Code, to be addressed when making his DECISION and about 1 in 60 are usually pulled for his own review, so it is in his own interest to write them thoroughly. My own DECISION used the word "CREDIBLE" with regards to issues and "GENERALLY CREDIBLE", which must have been in areas which he was not sure as I have a NORD ailment. Fewer than 250,000 people in America are subject to my ailment. This thread, I'm told, is prominently displayed to help people with the SDDI process. The best way to lose your case is to have the ALJ have an inkling that you are fraudulent in your symptoms, and especially ones missing from your medical documentation. The reason why, IMO, I have been told to seek legal representation from the start is because they are sworn to a code of ethics. If one thinks they can get something past an ALJ who hears 600+ cases a year you are mistaken. At the hearing he has every right to delay your hearing to request more information to check into something you concocted just to try to add to your claim. DON'T DO IT! If you wish to be treated with respect and have your case decided on its merits, do not insult the ALJ by presuming he will not find something you added as an extra touch. Again, this is why lawyers and NOSSCR individuals know the nuances of each judge and it pays to use them where they receive compensation ONLY is you are awarded benefits. After the paperwork is filed properly this is a legal matter. I would urge any claimant to not fabricate anything for as that old saying goes, "A Liar Must Have a Good Memory". Only in this case, he must also have documentation to back up his lie. 1- Fill out the forms properly 2- Have your doctors state your malady and the limitations it places on you and not that he feels you are disabled or unemployable as it has no standing before the Commission 3- Be truthful in your replies. NOTE: If you are waiting for a hearing and more medical testing is performed or your condition worsens, you can add to your file at any time. If you truly cannot work 8 hours a day, 5 days a week, and 12 months a year, you should prevail in your claim. If anyone is suggesting you make something up or act something out, my suggestion is to immediately terminate that representation. You have the right to do that and if asked why you can state as such. If you have any questions feel free to PM me and if it adds to what has already been posted we can put it up in the thread. At this point, I do not wish to make this thread so long that advice is more difficult to locate. There are also many blogs that offer good advice. When you see the same advice repeated through different blogs it is usually because it is very correct as to how to file your claim. Mike |
STICKY - Help with applying for SS Disability
Yep - it can be done and I still highly recommend Mike Finkelstein at *contact DanP for details*
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Hi Dan,
I am in a wheelchair and can't walk. Both of my legs have extreme pain in them and they are numb to the point that I can't walk anymore. The doctors can't find the cause of my peripheral neuropathy that started around August of 2011. I need to apply for SSD and would like to ask if I could get the contact info on Mike F. for help with the application. Thanks Bryan |
Hi Bryan
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I was just approved for SSD this week.
I went through a disability attorney. I just wanted to mention this in case people don't know that attorneys will now take your case even if you haven't filed or been turned down already. I'll make a pretty short story even shorter - THEY will help you fill out the forms. They only get paid if they win your case, and my understanding is that an attorney won't necessarily take your case unless they think you have a good shot - and they would know, having experience! I filed 12/2011 with the help of an attorney, and was approved this week - almost 90 days exactly. Granted, I didn't apply until my neuro and GP asked *me* "are you on disability?" so I knew I had their support - but I just wanted to add to this thread to let folks know there is a LOT of help available out there. :) Juli And Mike |
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Seeking Help/Advice for PN and SSDI....
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Hello Dan, I am hoping that you still are in touch with Mike as I would like to chat with someone about my current health situation and SSDI. I am young, 32 years old, and began developing problems with my hands at age 18, but thought it was related to the activities that I pursued feverishly at the time; art and working at a coffee bar. In 2008 I began a series of nine operations that lasted until the spring of 2010. I've had approx six surgeries between both hands and elbows for carpal and cubital tunnels release/revisions and had a partial epicondilectomy on my right elbow. Other surgeries ranged from medically necessary breast reduction, hysterectomy, double hernia repair, abdominoplasty, right ankle reconstruction.....the list goes on...approx 16 surgeries in someone so young. I am a mother to three beautiful daughters ages 4, 4, and 6. Yes, twins. I noticed my arm problems became severe after giving birth to the twins. I filed for SSDI, but lost at a hearing in Texas in the spring of 2010. The decision was appealed by the council and I am going back to an ALJ judge in Nebraska in mid February of 2013. I was involved in an accident at home catching my oldest daughter falling head first down the stairs in May of 2012. I ended up pulling my left arm pretty badly. Then in mid June of 2012 I started up work against my better judgement at a facility that provides direct care to those with developmental disabilities. I was still on work restrictions from the event in May when I was injured at work in mid June. Basically, my co-workers set me up so I'd have to push a very difficult wheelchair that most others all had problems pushing. Well, the entire group left the individual and I to go on a walk around campus so I did my best to push the chair and it began to tip over to the left. I caught it and made sure the lady was okay, but re-injured my left arm, hand and pulled my back. Things have spiraled out of control for me since then. Problems progressed from not just my left arm and neck to the right arm/hand, my right leg, knee, and hip, and now small areas of my left foot. So far they are calling this Complex Regional Pain Syndrome, but are deeply concerned that there is a strong element of PN due to symptoms. I went to one pain doc who provided a single staellate gangleon block which failed and then called it quits. I recently met with a new pain doc in mid December that wants to start over with a series of staellate gangleon blocks on the left and right sides of my neck and work on the legs later. My concern and his as well is that PN is severe and is underlying issue. I am torn about getting these new blocks done as if my underlying problem is Severe PN then getting these procedures done will be in vain. I am going to meet with an Ortho doc to get a referal to a Neurologist since I haven't had met with one in several years except the one hired by work comp who really didn't do anything. I am starting to have major problems walking which is deeply troubling. While the bilateral arm problems are severe and debilitating I can work with that...but all four limbs is very daunting. ADL's are out the window. I feel married to my arm splints and recliner for the most part. Thankfully I have a wonderful fiance to assist me with tasks around the house and my 3 little girls, but we are barely getting by and on the verge of losing everything. The family I have in this area has turned their backs on us and we feel so incredibly alone. If anyone has any advice in regards of dual diagnosis with PN or CRPS or anything similar please let me know. Thanks, DaNa |
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