ANY and ALL advice on SSD and when to get a lawyer?
 

Hi everyone, I have CRPS/RSD and I put in for SSDI about 1 1/2 months ago. They are sending me letter after letter about my doctors not sending my charts fast enough. Problem is, I just had my first sympathetic nerve block on Friday and it only helped for 1 day. My question is, how can SSD approve or deny me when i am smack dab in the start of my treatment? Should I get a lawyer now before they deny me or wait until i get the denial? Thanks for listening. :confused: Karen

Have you read the Sticky at the top of this page " Don't start your application unprepared"?

How long have you had RSD?

Have you contacted your docs offices regarding your med records to obtain the records yourself? Get them. Walk them into your local office.

Have you discussed your application for SSDI with your doc/s, and do you have his/her/their support?

Answer these please and I'll finish up. Too much typing over the weekend...

Hi Lit Love, thanks for your reply. Yes I read the Sticky. I have had RSD since 2/2011,(diagnosed last month). I have talked to all of my doctors, and they are all on board that I needed to file for SSD. I think I may have jumped the gun with this post this morning. I am going to just keep doing what SSD asks of me and be as honest and forth coming as possible. Thanks again for asking the questions that I needed to hear.:) Karen

Re: lawyer
 

It has been talked about alot. From everyone that I have really followed, a legal aid, or attorney is your best route. The whole process is long, and the lawyer does know the things to keep your case moving along. These lawyers do not receive payment until your get your disibility. Even if your are at the beginning of your treatment. I started when I knew for sure, I could not go back to work. I wish you all the best. ginnie

when got ready to go before a judge with my case.he sent my lawyer info for him to fill out.it was info the judge needed to determine when it should go before him.if the lawyer didnt feel he had enough info he delay the hearing till he had all the requried material.the judge asked the lawyer what he wanted presented.that is require by law.medical records(xrays,treatments,meds,doctors visits) your age plans apart and your occupation(What you do/did for a living).all these are required by law.his desicion is based on what the law requires (not what you doctors so much has to say)

It is agreed an attorney is best, but when is it best in the process to hire them?

Many attorney's require you to be at a certain stage before they'll speak with you, denied reconsideration, etc.

Invest in a current edition of a book like, "Nolo's Guide to Social Security Disability: Getting & Keeping Your Benefits" and read it cover to cover.

Thanks Don!

Karen,
What your doc(s) has to say and what your medical records document is only the first hurdle, but it is an important hurdle.

My one warning to your specific situation, is that by applying so soon after your RSD began, you're in the time window with the greatest chance for remission (a very good thing for your health, but it might delay your approval.) You've protected yourself by filing quickly, but it is hard to predict how the disorder will effect you long term. RSD patients can get better, stay the same, or get worse...

You're in active treatment. You're optimistic (I hope) about your chances for remission. SS wants documentation that you have a severe disability that will keep you from doing any type of work for a (very) long time.You might (fingers crossed) be one of the lucky few for which RSD does not become a life long battle. There's the rub...there is no way to know.

You should (in theory) be able to get approval now while you're RSD is acute and then go back to work if you get better. Because so few SSD recipients ever return to SGA, SS seemingly prefers to delay approval if your long term prognosis is unclear.

They'll award you a closed period of backpay later on, rather than award you now, and try and catch when you improve.

Hope this helps.

Hi Lit Love, I special ordered NOLOS book the day after I filed. I have been reading it off and on but from what eveyone has said here, I really do need to read it cover to cover. Thanks again for your input. Thanks to everyone who has givin me words of wisdom on this! Karen

Lit Love, I can't tell you how much your input has helped me!! You really have givin me food for thought. My Aunt is the one who advised me to go ahead and file quickly. She has Lupus, RSD, and Fibromyalgia. My Mom has Fibro and RSD as well. Anyway, my neurologist actually did the finger wag in my face last month, "Karen, if you would have come to me in the first month or two, you would of had a better chance of beating this". Well, like most RSD people, none of my other docs would listen to me about my symptoms. So I did not see a neurologist until I already had had RSD for at least 6 months. I now go to a PM doc and I am having my 1st series of nerve blocks. Had one on Friday and it helped for almost 24 hours in my right foot. I am trying to have a positive attitude, but the RSD has now spread to both feet, ankles, up to my knee on right leg, and both of my hands. Thanks again for all of your advice, really. I will try to stay positive and keep on fighting this. :grouphug: Karen

Karen, as early as possible is always better, but being diagnosed at 6 months is certainly Not Bad, all things considered! I believe my doc said the hard wiring changes in the spinal cord happen sometime between 12-24 months of RSD onset? You should be optimistic!

I've been able to keep other areas of my body (my dominant upper extremity is my main RSD site) from turning into full blown RSD areas, after injuries, by employeeing various strategies to "calm" them down.

The fact that you have family that is experienced with the syndrome is sad, but also helpful that they can pass along their experiences.

Piggybacking no side-effect coping strategies with your blocks is the best chance you have of long term success. Warm Water PT! Sauna (Infrared reduces some of my swelling)! Gentle massage with a highly trained massage therapist! Warm baths with Epson Salts! Taking meds before your pain escalates too much (if you're using pain meds.) Try HBOT via insurance or out of pocket if you can afford it. Moist heating pads. Gentle exercise. Use pillows for cushioning in the car if vibration hurts. Meditate or pray. Avoid TV during this period of healing. Avoid foods that will exacerbate your RSD. Avoid stress. Get help to take over some of your household chores during this time. And so on, the RSD sticky "lifesavers" will give you lots of other ideas!

I told you about Lidoderm patches already, but let me give a slightly longer explanation, it's best to use them in flare situations. If you try to use them daily, they don't work as well--at least that's my experience. Your doc might even have samples for you to try, and if insurance won't pay for them (and if you can't afford them) the cream is a good option. The cream is stronger, but won't last as many hours. Also, make sure and wash your hands well after application--you don't want this stuff in your eyes!

My one great regret is that I wasn't "selfish" earlier on. Your health has to be your first priority right now. Consider that you have a new job, taking care of your body, to the best of your ability, 24 hours a day.

Thanks so much for the positive feedback! :hug:

:hug: I am trying to be selfish as far as being kind to myself. But I gotta say, its hard sometimes to not get depressed about the whole thing. Then I read other peoples stories on here and I feel like a whiney baby! I would love to be able to take a sauna or hot bath, but it causes me to flair. I can't do anything that involves warm or hot water. I have to do sponge bathes. Its driving me crazy! My PM doc is having me soak my feet in luke warm water to get me used to it?? I think. But your positive words and encouragement mean more to me than I can say. I will take your words to heart and keep on truckin'. :Heart: Karen

Hi Karen,

You are so lucky that you have more of a head start on this than many of us. The best advice I can give you regarding seeking the representation of an attorney is the same advice I have regarding suggestions offered by fellow CRPS patients regarding treatments.

Just as some medical treatments are sworn by because they work for one can cause problems for another, so it is with the decision to hire an attorney when filing for SSDI. If and when you decide to file please do lots of your own research. Many folks with a diagnosis of CRPS get SSDI on the first try with no attorney. Please do your homework before you decide to hire an attorney.

I can tell by your positive attitude that you are going to get up to speed really quickly with what you need to do to be your own best advocate!

Hoping that better days are ahead for you and praying for a remission so you won't need SSDI!!!!!!!!!!!!!

Infrared involves no water. It does make you sweat though. I've tried regular saunas as well, but the infrared worked better for swelling. Did the summer heat bother you?

Different pools use different temps. You might want to call around and see if one offers a temp you'd be comfortable in. Local pools in my area range from the too hot 93 degrees to the high 70s.

I'd be interested to hear what warm water does to you. The during and after...

Well, as far as i know they're are not any pools for at least 150 miles from where I live. :Scratch-Head: I am going google it and try to find a pool somewhere. As far as warm water goes or anything but ice water, it makes my feet swell and burn up with pain. Not sure why, but it drives me crazy. I would so love to be able to take a nice hot bath.:( Karen

No YMCA? Often smaller communites offer public programs at their high school pool. Or sometimes gyms have them.

Your doc's office will have written Rx for pool therapy if there is anyone offering it locally!

The Infrared Sauna I found was at a tanning salon. ;)

OH! I forgot about the YMCA. Duh. Thanks for the suggestion.:)

Karen,
I left work 1/24/11. In April, 2011 I filled for SSDI, Everyone says you will get denied several times, so in June or July I signed the paper work with a SSDI atty.
August 23, 2011, I was approved, so I didn't need the atty. I would wait till you get denied before getting a lawyer involved.

Paper work seems to go on for several weeks.

i got denied the first time,but the 2nd time i didnt use a lawyer i just reapplied,at the "SSDI"with my new info and got approved

I was also approved first try without an attorney. You can save a nice little chunk of money to try yourself the first time.

ballerina,

Many attorneys will not even take clients until their application progresses to the ALJ level. Frankly, I've always felt the maximum fee caps were too darn low and don't provide enough incentive for indepth attention to a case.

But, considering an attorney only gets 25% of the backpay as payment, the amount they collect can be miniscule if they help an applicant get approval early in the process, so I really don't understand why you keep stressing this. The saying, "Penny wise and pound foolish comes to mind."

Every person's situation is unique. My best advice is even if a person chooses an attorney, they should understand the process so well that they could represent themselves pro se, anyway. Your knowledge of your own medical history, limitations, effects of pain (& meds) on activity, etc. are the most valuable asset in your approval, but to say that an attorney or paralegal isn't worth their fees to an applicant, has to be questioned.

There are some applicants that can't manage the process on their own for many different reasons. If the decrease in backpay alone would be reason for anyone to avoid representation, then alternative, non-profit advocacy groups should be pursued.

I found this link after I wrote the above:

http://ultimatedisabilityguide.blogs...s-you-can.html

Here is a good example of how a minor oversight on the part of an applicant can adversely effect benefits.

http://www.ssdanswers.com/2011/07/16...ent-than-ssdi/

Good point, There are lots of folks like us who have heard the same thing but prevailed without an attorney. Congrats to you!

Did the attorney do anything on your behalf while representing you?

What fee (if any) did the attorney receive?

I applied June 2011 and was approved mid-August 2011. No attorney. 1st application.

WOW!! That web-site you linked was fantastic. Really. Thanks for that!:You-Rock: Karen

I was approved first time, no lawyer. It was about 3-1/2 months from application to approval. This was in 2010. My letter said it will be 5-7 years before I will be up for recheck (or whatever it is called!).

Re: SSD
 

I am not sure why one person gets approved imediately, and another with equally devistating health, it takes three years or more. I was of the later, and believe me, I do not think I would have been able to get it without the lawyer. My state is crowded with older people applying. (fl.) Maybe it depends on the case loads of the particular state, I don't know. I have a permanent spinal condition, and degenerative joint disease in my ankles. Even with both these factors, it was a trial. People who get things like cancer are often denied. I would like to know what the critieria is that these judges and Government agiencies "judge" us by. I don't know anyone who has applied, who has tried to "fake" it or pull a fast one. Most people I know are devistated at not being able to work, and fighting for their existance on the other hand. You may be the first I heard of that was granted the disability so quickly. I am happy you did not have to struggle through the denials, doctor appts. and psych evaluations that most have to abide by. The process is difficult for most people I have met. I wish you all the best. Living with the disability is hard enough! take care, ginnie

The criteria is set by law.

Cancer patients often return to work in less than 12 months.

There are people who lie and fake disability, even if you haven't met them.

One out of three claims are approved on the initial application, thousands a month, nationwide.

Re: thanks
 

thanks Janke for the reply. I knew there were laws, just not that specified each particular illness. I am glad there is a process and all, but it just seems so many on are site are struggling to get their dissability, with some pretty terrible disabilites. just didn't think that many would try to slip one by. When you are dealing with the Gov. you best tell the truth. I guess thats even more important. Medical records don't tell lies as a rule, even if people do. ginnie