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?