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-   -   SSDI is not you friend (https://www.neurotalk.org/social-security-disability/104475-ssdi-friend.html)

kicker 10-01-2009 09:35 AM

SSDI is not you friend
 
http://www.socialsecurity.gov/disabi...le%20sclerosis

I got SSDI on the second try (5 years now, with no questions or contact), and here are some things I believe.

1, SSDI is not your friend. Think they are a slug like system, not helpful, slow, heavy, etc. You need persistence and knowledge on your side.

2. I already have SSD but went into their site and found it overwhelming, NOT user-friendly, hard to maneuver in but found what I wanted finally.


http://www.socialsecurity.gov/disabi...le%20sclerosis

Their Blue Book which states their definition of MS and what they consider disabling. I worked for the State and know of Government Employees's love of rules in making hard decisions so used their own words in describing my problems. I did not get SSDI on first try (While usually not a believer in Conspiracy Theory, I do believe SSDI turns down all 1st requests hoping you will get go quietly away) Used their words in my second attempt when I described my life and MS, NOT sugarcoating reality ,which is my tendency to do, and got SSDI on second try. Had I been rejected , had a lawyer's name ready for 3rd try.

3. Don't forget, children under 18 or 18 in High School also get benefits. No one told me, but I got $$$ enough (back pay) to get braces for both, The $600 a/month now goes into college savings. Kids are expensive

4. Do not be emotional or angry. This can raise hackles and defensiveness. Lawyers and advocates are unemotional and neutral, just stating facts, think this is why they are effective.

5. No one ever told me their is a work SS time factor. There is. Be aware, Work if you have to awhile if you haven't, BEFORE you apply.. Research it!!!

6. Have your medical (Neuro and PCP) doctors on board with you on your efforts.

Janke 10-04-2009 01:21 PM

1. SSA is a government bureaucracy that attempts to both pay out benefits that are legally due claimants and safeguard taxpayer dollars at the same time. *edit*

2. There is a TON of information that SSA attempts to disseminate through the website. This is a program that affects nearly every American in one way or another. The specific answer to your question may be based on a variety of regulations that have to be considered. There is no one size fits all answer. Also, it is TOTALLY FALSE that EVERYONE is denied on the first application. And if you had not sugarcoated (your word and a good one) your symptoms on your initial application, you might have been one of the 35-40% approved on the first try.

3. Kids are expensive. But having kids is also a choice. And they probably give you the most love and the most grief you'll ever have. And I wouldn't give them up for anything.

4. It is hard for claimants to not be emotional. This is their life and the requirements of SSA seems like a big hassle. It can be hard for some of the staff to not react emotionally also, either with empathy or irritation. We are all human and all need to treat each other with respect. Much more is accomplished when we all just focus on what needs to be done.

5. Saying that no one told you that work is a factor in entitlement to Social Security is like saying that no one told you that you have to pay taxes or pay your water bill or enroll your child in school. If you don't pay attention or ask questions or read stuff that comes in your mailbox or listen to public service announcements on TV, you may not know much about how this American society works.

6. Always helps to have medical sources that corroborate your statements. Wait, it is REQUIRED to have medical sources in order to prove disability. Your word is not enough. If you don't have your own, SSA will pay for a one-time snapshot consultative exam. Not the most comprehensive, but it is an exam. *edit*

Janke 10-12-2009 10:23 AM

Sorry about posts that are not part of the guidelines. I will attempt to follow better in the future.

jana 10-13-2009 10:22 AM

I followed all of the "rules". I didn't "sugar-coat". I used the terminology ON the SS website -- and it FIT me like a glove -- according to my docs and all of my medical records. Even my employer agreed that I could not continue work. I was STILL denied the first time. (I have Myasthenia Gravis -- and the reason that I could no longer work as a teacher is because I could no longer talk well enough to be understood. I also have some breathing and swallowing issues.) Even the SS "counselor" that I "attempted" to talk to over the phone was totally perplexed as to WHY the SS medical staff turned me down.

I immediately got a lawyer -- a GREAT lawyer -- with a 90%+ record of getting claims accepted. He said that he had NO doubts -- but, that it might take time (up to 18 months) -- and I might have to go before a judge. He sort of hoped that I would -- he wanted the judge to hear me talk -- LOL. Fortunately for my stress levels, it did NOT take that long -- I was accepted about 3 months AFTER my lawyer refiled the claim.

Sorry, I DO think that Soc Sec denies most initial claims. Since getting disability myself, I have heard of very few people getting disability on the first try. I even heard that a local lady with ALS was denied the first time -- and I thought that ALS was an "automatic"!!!

jana 10-13-2009 12:47 PM

I would like to make it clear that EACH and EVERY SS employee that I worked with was very kind, polite, and professional. They also seemed to know their jobs. I do NOT fault them in any way. The SS counselor that I talked to said that the decision is in the hands of a SS doctor(s) (at least in my state). I don't know if the doctor(s) "dropped the ball" -- or if the doctor(s) had some type of "quota" to meet. The counselor did say that my case would be reviewed by a DIFFERENT doctor(s) the second time around.

Ladysheets 10-14-2009 12:24 AM

frustrating
 
I have been trying to get disability now for 3 years. went all the way to the ALJ hearing and was denied. We appealed and also filed a new application. My appeal was denied and Now i am waiting for another ALJ Hearing date.

I am 45 and live in alaska. My sister who dosnt have near the problems i do just recently won her SSI case and never had to see a judge or anyone in missouri.

Its been really hard on me here in alaska. Health care is so expensive and i have no insurance.

i hope you get what you need and can stay as healthy as you can!

finz 10-15-2009 07:36 PM

LS.....it could be hurting your case that you don't have a regular doctor who is documenting all of your issues.

It's kind of a pet peeve of mine when people complain that ALL ssdi applications are denied on the first round or imply that all ssdi staff are required to deny cases which should obviously be approved. I agree that it might feel that way when you are waiting years for the right decision. I have to believe that there are some workers at ssdi who are trying to do the right .....and that includes trying to weed out the fakers so there is some money left to pay us !

I know that I was very disappointed in what my docs had written when I finally saw their paperwork. Writing "Patient is disabled" is not sufficient. They need to be very specific about your limitations to prove that you cannot go ANY job, not just the job that you had. Like Jana with difficulty speaking.......yes, that means she can't be a teacher in a regular classroom, but there are jobs out there were you don't need to be able to speak. For example, many deaf people are able to work without being able to communicate verbally. It's up to the applicant to show that they cannot do other jobs also.

If at all possible, I recommend everyone get a hold of their medical records to make sure their docs have documented all of their limitations and to review what you wrote on your own application. In retrospect, I know that I sugarcoated parts of mine or didn't explain things fully.

jana 10-22-2009 11:29 PM

Quote:

Originally Posted by finz (Post 578673)
LS.....it could be hurting your case that you don't have a regular doctor who is documenting all of your issues.

It's kind of a pet peeve of mine when people complain that ALL ssdi applications are denied on the first round or imply that all ssdi staff are required to deny cases which should obviously be approved. I agree that it might feel that way when you are waiting years for the right decision. I have to believe that there are some workers at ssdi who are trying to do the right .....and that includes trying to weed out the fakers so there is some money left to pay us !

I know that I was very disappointed in what my docs had written when I finally saw their paperwork. Writing "Patient is disabled" is not sufficient. They need to be very specific about your limitations to prove that you cannot go ANY job, not just the job that you had. Like Jana with difficulty speaking.......yes, that means she can't be a teacher in a regular classroom, but there are jobs out there were you don't need to be able to speak. For example, many deaf people are able to work without being able to communicate verbally. It's up to the applicant to show that they cannot do other jobs also.

If at all possible, I recommend everyone get a hold of their medical records to make sure their docs have documented all of their limitations and to review what you wrote on your own application. In retrospect, I know that I sugarcoated parts of mine or didn't explain things fully.

Finz, I understand the "pet peeve" thing. I have mine, too. Here is exactly what Social Security says about MY condition -- and WHAT qualifies as a disability:

11.12 Myasthenia gravis. With:

A. Significant difficulty with speaking, swallowing, or breathing while on prescribed therapy; or

B. Significant motor weakness of muscles of extremities on repetitive activity against resistance while on prescribed therapy.

I taught for almost 30 years. I am a TYPE A workaholic -- not being able to continue work almost drove me crazy. I have other symptoms that come and go -- fatigue, double vision, weakness in my arms and legs -- but, the severe speech problem is constant.

The point IS -- I MET the conditions put forth BY Social Security from the first day of my application for disability -- and my medical records supported my claim.

The SS "staff" did not deny my claim -- a SS doctor did.

finz 10-23-2009 01:42 AM

In a case like that Jana, I think you should be able to sue that schmuck for pain and suffering because that doctor didn't do his job right. If they spell out a certain requirement and your medical documentation clearly states you meet that, then it's malpractice for that doc who denied it.

I'm part of the 'lost in the cracks' group who do not fall into one of the ssa's listing of impairments......TOS, RSD, cervical arthritis,ddd, fibromyalgia, occipital neuralgia, with severe neck pain being my main complaint. I get that it is hard for people like me, who don't fit into ssa's quick list of disabling conditions, to convince them we are disabled. For us,it's all about trying to prove that we cannot do any job. I'm really stunned that they denied you when you clearly meet their definition of disabled. The is another post on here about soeone with ALS who was denied the first time......WTH ? I thought that was an auto-acceptance. There is also a poster on here who has issues similar to mine who was approved......on her first try, with no lawyer, in just a few weeks. It definitely seems like there is no rhyme or reason at the ol' ssa office sometimes.

jana 10-23-2009 09:48 AM

Yes, Finz, we were ALL stunned when I was denied the first time. But, as I said, EVERYONE told me that this was pretty "normal". *sigh*

As for suing the "schumck" (LOL) -- in my state, you get to know EVERYONE from Soc Sec who works on your case EXCEPT for the doctor -- his/her identity seems to be clouded in secrecy.

Before hiring an attorney, I was advised to contact all of my representatives in the State legislature AND US Congress. They had forms to fill out online (apparently this IS part of the "normal" process). After you give permission for your Representatives and Senators to look into your case, Social Security is required to give them a weekly (I think) update on the status of your case.

I ALSO took myself to a speech therapist (on my own $$$) for an evaluation after my first denial. Her multi-page report might be what made a difference. If you haven't already, you MIGHT want to have an evaluation done by a Physical Therapist -- telling them upfront that this needs to be "in writing" for a disability determination.

Hang in there -- waiting for approval was one of the most stressful times of my life -- I don't know about your other conditions, but I know that all of this stress isn't doing your Fibro any favors.


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