Disability- has anyone been approved without appeal?
 

I was let go in a mass layoff back in December. Almost everyone of the people let go had some sort of health issue. But, Ohio is an "at will" work state, so they don't have to give a reason for why they picked who they picked.

I thought I would get better after a month or so off work, but I have not. I was in a car accident where a woman ran a red light and hit my car in November, and I just have not been the same since.

It is time I think about disability. I have had RSD 9 years this month. I have done my best during this time to keep working, but the constant pain has finally got me down.

Ohio is supposed to be a horrid state to get approved for disability. I did speak with a lawyer who does disability and he gave me some advice. I also know someone who works in another state as one of the "determiners" who decide who gets SSD and who does not. She has also talked to me about this.

Of course, the main issue is that RSD is not on the automatic acceptance list SS uses.

I have horrible eyesight - I wear very strong contacts AND trifocal glasses. I have asthma, high blood pressure, RSD, Fibro and myofacial pain syndrome, plantar fasciitis in both feet. I have had stress fractures in both feet, and have RSD pain in both feet. I think my right foot may have another fracture, and see the specialist next week. The worst RSD is in my left shoulder and arm, and also the upper third of my back. Everytime I move it is like someone is tearing out my muscles. I am in the process of getting statements from all my specialist docs saying what I can do and what I cannot do so that I can go to the state's Vocational Rehabilitation to see if they can find a job for me that I can do. The lawyer said if they cannot find something for me, or won't take me into their program, that will help my disability case.

I am 52, and have no formal education to speak of. I took a couple evening classes at an art college, that is all. I have worked in the same trade, doing the same thing since I was 17... doing a journeymanship. Unfortunately, that trade is going down hill fast, and there is really no hope of me finding another job doing it. I would have to start over doing something new. The effects of the RSD on my brain and memory have become much worse in the last couple years. This has me very worried about trying to do something new. If I am dealing with something I have known and understood for years and years, I can do "ok" but if it is something new, I struggle learning and comprehending. Even TV shows - I DVR everything I watch now, because I have to rewind a ton of times because my brain wanders.

I have a service dog now, and that helps some. But it won't help when I go into interviews with a dog. Nothing points out a handicap faster than having a service dog.

The only meds I take are blood pressure meds, voltaren gel, lidoderm patches, and RSD compounded cream. Pain meds have done nothing to help me so I don't take them except the occasional tramadol or vicodin.

If you got approved for disability without having to go to appeal, did you have another major disease other than RSD? Do you have any advice for me?

Thanks so much!
Jules

I have been out of work 1 1/2 years and I was resistant applying because i felt like i was giving up. I had to be realistic. So I just applied and i did use an attorney. I was afraid i would forget to do something so i thought it was worth paying someone to help. They told me i should hear something within 90 days. I'll let you know when i hear. momof4

daylilyfan, you should sign up for SSDI now. The earlier the better because once you are approved you will receive payments from the day you applied (retroactive). Seek out a lawyer who deals with SSDI cases often. You could apply on your own, wait for the judgement then get a lawyer for the appeals but I wouldn't. Lawyers by law have to except a flat fee or % of your settlement, there is no haggling over price, it is already set by law--remember this! Different regions of the US have shorter or longer waiting times. As far as "automatic acceptance list SS uses" I'm not sure what automatic acceptance list SS is but RSD-CPRS is most definitely on their list.

daylilyfan, if you don't mind me asking, what was your trade? The reason I ask is my trade is half of what it used to be. I hope everything goes good for you. After reading your post you should qualify. But, sign up ASAP. :)

Rsd is not on the automatic SSD list-It is a case by case determanation. I was truely lucky -filed on my own -no lawyer-and was granted approval in 3 weeks. I have no other illness except RSD. I did have to quit my job and relocate,could barely walk and have since have SCS implant. ALSO SSDSI is different than SSD and you may not qualify-I did not. Hope this helps-Fondly-Carol
PS. RSD.org is working on legislation to try to get RSD as automatic for SSD, I am not holding by breath however.

daylilyfan, My wife's attorney wrote a book on SS insurance. If you're interested you can download a free copy (pdf). Open the link provided, see where to download pdf on the upper right side of web page.

http://www.sheriabrams.com/

daylilyfan

I applied last year at age 53, did the application on my own and was approved in the first round. I'm from Tennessee, and when I applied Tennessee had the 4th highest denial rate in the nation. I do not have RSD, my application was based on peripheral neuropathy, as well as other conditions. I notice that you have more than one physical disorder as well.

Your age and your combined health issues are all something that work in your favor. The conditions in the Listing of Impairments are those that are considered severe enough, or expected to last long enough (over 12 months) to be considered disabling. That is not to say that a condition not in the listing of impairments will not also be severe enough. Or, the combination of impairments be severe enough.

For people over 50, SSA works off a vocational grid that is based on age, physical limitations, education and prior work history. You can see an easy to understand version of the grid here:

http://www.gridrules.net/index.html

Take a look at the Social Security website: www.ssa.gov and some of their information on how to file. If you are unsure, I would recommend an attorney. But, don't think that just because your condition isn't on their Listing of Impairments you will automatically be denied. I think considering you age and history, you stand a better than average chance - especially with an experienced attorney.

I just received my social security, a matter of fact I just got my first check. It took exactly 2 years. I got denied the first time, and I here everyone does, than I retained any attorney and in NJ you don't have to pay the attorney because if you are approved the attorney gets paid out of your settlement from your back pay. I would thing it is the same in every state because it's federal you are applying for.

It was very hard because we where use to 2 incomes and I could only work PT while the process went on and I could barely do that because of my condition. But a mortgage, 2 kids, 1 in college 1 going in 2 years I had no choose.


Good Luck

I got in touch with my local legislator, because it is an election year in our state and a friend of mine got his within 6 weeks of applying....I was born with cerebral palsy which effects my legs, so does my RSD. The RSD is spreading so I had to do something...I worked with the mentally challenged and autistic and for 24 years and it is a challenging and mentally stressful job, not to mentioned how physical it can be.

I don't see it as giving up...I see it as taking care of yourself and your family and doing what's best for your quality of life. Hang in there and apply soon. It can hurt...:)

here is a cut and paste from another thread that i commented on---

When a Social Security disability case is won, a Claimant typically receives a regular monthly benefit.

In most cases, though, a Claimant will also receive a certain amount in past-due benefits, or a back payment. This backpayment is usually due to how long the case has taken.

Very often, in fact, a claimant who has been approved and awarded benefits will have spent up to three years or more in the application-appeal process.

And claimants who have applied multiple times may have endured far greater amounts of time in the ssa system attempting to get benefits approved.

How much can an attorney or non attorney representative charge?

As opposed to other areas where individuals may have their interests professionally represented, those who represent social security disability and ssi claims have caps on what they may charge.

An Attorney or Representative for a disability case is allowed to receive 25% of a Claimant's past due benefits. So, if a Claimant recieves a backpayment of $10,000.00, a representative will receive $2,500.00 as the fee.

The maximum fee amount an attorney or representative can receive, however, regardless of how much the Claimant receives in past due benefits, is $5,300.00.

end of cut and paste....

i always say get an attorney. if you are under 50 years of age ssi will almost always deny you at least twice to make you work at getting benifits. once denied you appeal it and then wait 2 years to be heard again. yes they back pay you but can you afford to have no money for 2 years. mostly, you must prove you cannot work. you cannot even do volunteer work anymore. i think your checks will start 5 months from date of disability.

as far as having anything more than just crps/rsd goes, i say just prove you cant work but if you have other health problems i would add those in because sometimes its the combo of everything making it impossible for you to work.

good luck...........

Hi, curious what state are in?

thanks everyone
 

I really appreciate all the responses. Lets see if I can reply to everyone.

About getting an attorney... Since SS determines how much they make - the one I talked to said the reason a person can't find a lawyer to help right from the start (perhaps this is in Ohio only?) is that they are by law only allowed to take from your back pay. So, for instance, I have only been out of work for 3 months. I would have no back pay, because I have not completed the waiting period yet. So if I got a decision right away, there would be nothing the lawyer could collect for their time. I offered to pay to come in for a consult, but he could not do that by law. He did talk to me over the phone for nearly an hour though... was VERY helpful. So, it seems I need to apply on my own, then if I get denied, I can hire him.

RNcrps2 - I don't feel like it is giving up. For me, as the RSD takes over more areas, it has become so difficult to work, that I was not doing a good job at all. I made it to work everyday, but it was taking me 4 times longer to do my work than co-workers, and that is not like me. My thinking has really gone down hill, plus dealing with being in pain.

Jimking - I am getting all my doctors detailed records now in preparation for applying. The lawyer said that they do not go by the date you applied, but by your last date you worked. My trade was working in the printing industry. I did "pre-press"... worked in Photoshop, did design, grahic layout etc. Printers are going out of business right and left where I live. I worked for one of the most progressive, forward thinking printers in a tri state area, and they owned all their equipment, building etc... and they are really struggling.
I will check out the lawyer's book pdf later today.

Edever34, I think having RSD should be an automatic illness. No one understands what it is like to deal with this God awful pain

plgerrard
PN is one of the approved diseases for SS. I wonder if that had anything to do with you getting it right away.
I did look at your grid link. Very helpful. I am not sure what is meant by skills being transferable. I have a lot of pain lifting a gallon of milk, so I buy it in half gallons. A gal. weighs 9 lbs. It says your sedintary if you can't lift 10 lbs occasionally during the day. Sounds like I need to make sure my doc puts in that I cannot lift that... then I should qualify. I have looked at much of the SS website, as well as what seems like a thousand other websites.

gabbycakes - the lawyer I talked to said that I should hear something within 3-4 months then call him right away if I am denied.
I do have my elderly Mom living with me. As long as she is living, we have her SS and retirement. It will just barely cover our expenses if we watch VERY carefully what we spend.

cindi1965- I have had contact with my area's state senator. He's a great guy. Once I have all my records and my application ready, I will get in touch with him.

AlaskaMike - my family lawyer told me that I won't be able to find a reputable SS lawyer to take my case until I have been denied on my own. She gave me the name of the lawyer I talked to. She said he is really good and will stay on top of things. She said many SSD lawyers drag their feet because it makes them more money.
---------
Someone mentioned SSI... I don't qualify for that. I still have COBRA and am still getting unemployment at this point.

Jules

Wow I just recieved great news today-A member of my Support Group just got her SSD approved after a 2 year fight. If you do not belong to a group or have 1 in your area start one NOW!IT WAS THROUGH THIS GROUP THAT I WAS ABLE TO HELP HER GET THIS ACCOMPLISHED-CAROL

daylilyfan, you are correct in that your last day and the amount of credits paid to SS is inline for you to receive SSDI. However, it is also important that your timing is right when you apply. For example, if you were to wait 4 years without ever working again you may start losing or lost some SS credit, if I'm not mistaking. Also, keep in mind when you appeal you have a set amount of time to respond otherwise you have to reapply losing those months. In my wife's case SS failed to notify her that she was denied. SS said she needs to start all over losing 5 months. I appealed that decision and SS agread they failed to send a letter of denial and will allow her to continue her appeal uninterupted.

I'll be damned, I had a feeling printing was the trade! :)I consider myself a printer. I started in the business as a kid doing summer work with my uncle's printshop in Washington DC back in 72. I've done about everything in printing except own a shop and estimating. The last 15-20 years pre-press has been my passion and like you said daylilyfan its dying down. Never will completely crash but the good days are gone. The plant I work for has been bidding on good equipment from many shops that have closed all around us.

jim

I was doing some more reading, and I wonder if anyone knows what the SS Grid link posted earlier in this thread means by skills that are transferable?

Jim -I've been in printing since 1976. It is all I have ever done. I was a 4-color stripper for years and years, which also involved camera operation, making composite films, etc... I worked about half the time in "trade shops" but there aren't any of those left at all in my area. The printer I worked for until December did stochastic. It was wonderful. They were a 100% Heidleberg shop, including rip, trap and plate software. We were a pilot shop for Heidleberg. I worked with one other person on 2nd shift. He did impo and plating, and I did everything else from 2nd shift customer service to fixing any issue that came up on press. My main problem with even trying to get another job in the trade is that there are very few printers of size left within 75 miles that would be able to use someone with my extensive skill. The small shops would rather hire 3 people right out of art school for what they would pay me. They don't need someone with my skill. Been working on a Mac all this time.. I don't have a clue about a PC.

There were many, many nights that I cried for hours while working, because sitting at the computer, and using my hands hurt so much. I could not trim out my own proofs because I cannot push down. I could not load paper rolls into the printers, put plates in the plotters - etc etc. I **thought** that the company understood, and put up with my problems because I always made it to work, and didn't make mistakes. BUT the more the RSD spread, the more my mind didn't want to work, and I had to check and recheck my work, leading to longer and longer times spent on jobs.

I spend very little time on the computer now. When I do, by the time I sit here for half an hour, my pain level skyrockets. I don't know how I ever did it for upwards of 10 hours a day. The nature of the job was that I worked at the Mac for a little while, then up to get proofs to check, or pick up a new job to work on etc. What worries me A LOT is that the vocational rehab people will want me to work at a computer for hours at a time.

I am sort of stuck in my mind about disability. CAN I sit for 8 hours at a computer, probably. Does it make me worse, YES. I don't do a good job like I used to. I just cannot think and comprehend like I used to. Can I lift 10 lbs - yes, but it almost makes me cry out in pain. If I get 3 or 4 twelve packs of pop from the grocery when it is on sale... I can put it down into the cart. But, I have the bagger lift them out to be scanned, and I go to a store where they will have a bagger help me by putting groceries in car for me. But, when I need to bring groceries in to the house, involving carrying it 75 feet and up a couple steps... I really struggle. Especially with pop... I bring one 12-pack in, and a couple hours later bring the other, or I open the cartons and put half in a sack to bring in. I buy cans of pop instead of a 2 liter because it hurts to much to lift one of the 2 liters. I buy milk in 1/2 gallons now even though it is more expensive because of how much it hurts to lift a gallon... but I CAN lift it.... that is why I don't know what my docs will say.

For instance, I got my records from the physiatrist (physical medicine - not psychologist)... it says "She states she feels like she functions halfway through her life" but also says that I handle housework reasonably well. HA! He wasn't listening. My elderly Mom does nearly everything here.. mows the lawn, does the laundry, sweeps, dusts, does the dishes. The only thing I do is clean my sink and toilet in my bathroom (she does my tub when it needs it) and I do some of the cooking. I don't call that handling housework reasonably well. Mom is 86. I feel TERRIBLE that she does so much because she is actually better off physically than I am.

I try to walk my service dog 3 times a week. She is a young dog, and bounces off the walls if I do not. I cannot throw a ball or frisbee for her for exercise. Well - I can throw a frisbee about 10 feet. LOL I go to a small town near me to walk her, because they have benches on every block, and I can sit down frequently. Then, when I get home after walking for 45minutes, I lay down for 2 hours. My hand swells a lot from hanging down, and my feet swell. Laying down helps the swelling plus the post exertion exhaustion. I cannot walk 10 feet without being in a lot of pain. But, if the question is can you walk for 30 minutes... well, yes I could, but I would be totally out of breath and crying without stopping frequently. Even with stopping, it is all I can do.

My other option for my dog is taking her to the dog park. There are no benches there. If she plays for half an hour with other dogs, I must stand. That is almost worse than walking.

So - how the questions are asked, and how I reply I think will be a big factor in how this turns out for me. I am one of those terribly honest people. I feel like the SS people will only see that I can lift 10 lbs, not what it does to me to do that.

Jules

Let me clear some things up...
 

Hi Jules,

First, when you apply for SSD or SSI it's all coming from the federal goverment so the laws by state don't really matter they have to go by the federal guide lines such as attorney fee's. You mentioned you are on umemployment at this time, you can not file a claim for SSI or SSD Disability while you are on unemployment. You are suppose to be "Willing and able to work". Why are you not on short term disability through your previous employer? You would have to exhaust any short term policies that are available to you before you can even thing about applying for federal.

As far as an attorney and his fees by the time you got an award there would be money there because in takes at least 2 to 2 & half years.

I don't want you to think this is all negative but it is a process and takes time. These are the steps I followed. Apply for short term disability if you are not going back to work within the next 3 -5 months. Once you short term disability is exhausted file for SSI and SSD Federal Benefits through your local Social Security Office. You will have to fill out a lot of paper work and have the support of your doctors because there will be forms for them to fill out and sign, most charge for this.

You will get denied the first time, from what I here everyone does and I did also. After that hire an attorney to file the appeal. Any attorney who advertises that he handles disability insurance will know exactly what to do and should never ask for money be aware of that.

Well, I hope I helped.

Gabbycakes

Gabby - I am aware that I cannot be on unemployment and file for SS at the same time. But, I have not filed yet, probably won't have everything in place to file for at least another month. So it is still ok for me to be on unemployment. Right now I am still looking for work, so I am following all the rules. The lawyer I talked to said it was fine for me to be on unemployment now.

I do not have any option for short or long term disability from my employer. I was laid off... I lost all benefits other than the COBRA insurance that I pay for. I have never heard of anyone getting short term or long term disability through a place they are no longer employed at. When I was let go, I begged my employer to not lay me off and let me go on disability instead, and he said they could not afford to do that. Some states have disability through the state, but Ohio does not.

Not everyone has to wait 2-3 years for disability. People have replied to this thread that got it when they applied, without going to appeal. I know two people here in Ohio that got it within 3 months, and they have RSD. Both submitted their doctor's records and letters WITH the application. Neither had to see one of the SS Examiner docs. I have a friend who is a determiner for SS in another state. She said you decrease your waiting time by submitting all your paperwork correctly, AND including all doctor's records. Many of the months of waiting are for SS to get around to getting your records, and the doctors dragging their feet sending them out. I have almost all my records in order now. No one has charged me for them. I am going to two more docs within a couple weeks to get checkups, and will need to get their records after they see me.

I may have to wait to file until after May, because I am supposed to go through the state's Vocational Rehabilitation. I think I have to still be on unemployment when I go through their program. I still need to check on that. It is my understanding that if they turn me down for their program, it will pretty much be a given I will get SS first time.

And, if they find something I can do - I won't need to file for SS.

Here is the link to the Social Security website definition:

http://www.ssa.gov/OP_Home/rulings/d...-41-di-02.html

Also, if you follow the link in my signature, you will see a tab at the top for SSDI fillable forms. It also includes pages from the SSA website that are consolidated in searchable pdf documents. You might find the Disability Evaluation... and SSA Handbook Chapters 5 and 6 helpful.

Steps for SSD or SSI
 

Hi Jules,

It seemed that I might have offened you,and if I did I apologize, but I was just trying to make it easier because I was completely in the dark, my case manager at the Social Security Office was a wonderful person and really helped with the steps I had to take.

I followed all the rules all to the tee. I have also heard of people getting SSD or SSI right away but there problems where so disabiling like, they became blind, or lost a limb and could never walk again, it was very completely disabliling in nature. Believe me I know we all suffer here I have been suffering for 7 years and my life has been turned up side down.

I know it is very difficult to think of all the time that might have to be spend waiting. I was just approved and got my first check just this past week. I did not have to go to a IME(Independant Mediacal Examiner or go to court) my attorney stated to me that by medical was so strong that was the reason for the absence of the IME and the court room. So I consider myself extremely lucky.


Good Luck

daylilyfan, what full time job is there for you to do? Remember, it isn't just the SSD that you will be filing for but medicare also. If a part time job is available most likely benefits are not available to you.

My wife has RSD and worked 4 years with RSD before she could no longer take it any longer, that was 4 years ago. The guilt and anger is so strong with her even to this day about her seperating from her job that it even effects me. She has been denied twice, and will go in front of a judge the next go round around May. She can do many things in short spurts, then suffer from it for hours and she does this every day. Having worked for almost 38 years I know for a fact she is unemployable. Even if an employer would hire her they'd release her soon after. This is not exceptable and should not be tolerated when she has payed good hardworking money for 30 years into a insurance program, regardless whither it's a private or government program.

daylilyfan, you need to apply ASAP. Do your homework on the SS interview and provide records. When you are rejected hire the lawyer and then contact your congress person and ask for a congressional inquiry. You will receive your benefits that you earned and payed for, but it may take sometime so the earlier you get started the better.

If you ever miss prepress folks talk shop here's a link to a group of crusty cranky veteran electronic pre-press people that I've been a member of for years. Warning, if you ask for permission to enter the BAR be prepared for a bunch of informal printers, manners not required! :D

http://www.b4print.com/forum/