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-   -   ANY and ALL advice on SSD and when to get a lawyer? (https://www.neurotalk.org/social-security-disability/157502-advice-ssd-lawyer.html)

Karen67 09-19-2011 08:09 AM

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

LIT LOVE 09-19-2011 09:23 AM

Quote:

Originally Posted by Karen67 (Post 806881)
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...

Karen67 09-19-2011 11:04 AM

Quote:

Originally Posted by LIT LOVE (Post 806903)
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

ginnie 09-19-2011 05:03 PM

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

don1956 09-19-2011 07:33 PM

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)

LIT LOVE 09-19-2011 07:33 PM

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.

LIT LOVE 09-19-2011 08:14 PM

Quote:

Originally Posted by don1956 (Post 807097)
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)

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.

Karen67 09-20-2011 04:35 AM

Quote:

Originally Posted by LIT LOVE (Post 807099)
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.

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

Karen67 09-20-2011 04:59 AM

Quote:

Originally Posted by LIT LOVE (Post 807118)
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.

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

LIT LOVE 09-20-2011 06:16 AM

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:


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