Reflex Sympathetic Dystrophy (RSD and CRPS) Reflex Sympathetic Dystrophy (Complex Regional Pain Syndromes Type I) and Causalgia (Complex Regional Pain Syndromes Type II)(RSD and CRPS)


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Old 03-12-2010, 06:54 AM #1
daylilyfan daylilyfan is offline
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Default 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
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Old 03-12-2010, 08:23 AM #2
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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
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Old 03-12-2010, 02:10 PM #3
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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.
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Old 03-12-2010, 03:02 PM #4
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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.
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Old 03-12-2010, 03:21 PM #5
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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/
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Old 03-12-2010, 03:39 PM #6
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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.
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Old 03-13-2010, 09:39 AM #7
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Quote:
Originally Posted by edever34 View Post
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.
Hi, curious what state are in?
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Old 03-13-2010, 10:19 AM #8
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Default 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
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Old 03-12-2010, 05:26 PM #9
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Quote:
Originally Posted by daylilyfan View Post
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 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
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Old 03-12-2010, 09:16 PM #10
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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...
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