I spoke to an atty. who deals with RSD and he told me to go ahead and file and when they denied me they would do the appeal. I filled in april, signed my papers with the atty. in June/July. (not sure) found out I was approved in Aug. So they didn't do anything.

Glad it's going to work out...

The reason for this is because they're paid from you're backpay.

If someone applies a year and a half after they were no longer able to work, then they'll have a year of backpay coming to them.

Someone like the OP, refusing the things she needs to adapt, even though her doc suggested it, tends to be at a disadvantage IMO. Many exaggerate the severity of their disability, while others have not yet comes to terms with it--or even apply with the idea that remission is just around the corner. (I was the latter.) If you think your disability is a temp situation it's very easy to sabotage your application.

Since SS closed the loophole in July, so that applicants can no longer appeal their first decision and start a second application, doing a thorough application the first time is more important than ever! Before, you could protect your backpay while coming to terms with the reality of your situation, and then start a second application. Now many will lose their SSDI altogether if they choose to pursue their backpay, and they didn't file quickly, it takes a few years to get to the ALJ level, etc. Many don't win till before an ALJ. At the Appeals Council level you can't introduce new evidence, your attorney (or the pro se applicant) can only address legal errors by the ALJ.

It is possible to get approved early in the process, but a very savvy and complete application is required. This new rule is a major game changer for applicants. If it was worth the gamble of not using an attorney before, I think too much can be risked by failing to get the best representation available to you. In some cases using an advocate, either non-profit or for-profit, will get you more attention and quality representation.

Sorry for my ramblings... I've been surprised that there has been no commotion over the loophole closure. Many of us used it to get our approvals, and hang on to backpay. Those days are OVER.

Everyone has given great information. How I started was going down to the local social security office and filed with a case worker. She did my original application and I just followed through with each request I got. I was denied the first time then got an attorney and was approved. It took total about 2 and 1/2 years. Each social security office is different I have been to ones that are a nightmare with my grandmother in the pass but I live in a rural area of NJ, yes NJ has a rural area, so it is not busy at all. My caseworker was so much help throughout the whole process and I still call her if I have a question about something.

When and if you decide to get an attorney as everyone has said it should be a disability attorney. Believe me when I tell you this is just like any other business the more the attorney knows how to get around and knows the correct people who make the decisions in your SS District the better off you are. I never had to see an independent SS doctor, never went to court, just got a phone call from my attorney one day and said if you do this, and it was about the amount of backpay I was getting, then you can get approved immediatly. I had to give up some of my backpay not much though and things just started to roll in 30 days from that phone call.

For me making that decision was very hard I had been hurt and got RSD and waited 5 years before I even applied. I just didn't want to give up working but I hadn't worked in 5 years and I just couldn't do it Full Time. Oh, also you can still work with SS. There is a set amount of dollars you can make before they start to deduct from your monthly check, I believe it's $980 a month gross. So currently I work PT only 2 day sometimes 3 and it's done wonders for me just getting out on a regular basis, doing business, seeing co-workers it just makes me feel better.

Wish you the best.

gabbycakes

The current SGA level is $1000. This does not mean that everyone can work PT so long as they make under $1000, and SS will let them be. I'm not trying to discourage anyone from working, but SS can use PT work as evidence that your condition has improved and that you're capable of SGA. This has been discussed at length in the SSD forum. The closer you get to the SGA ceiling, the type of work you do, your impairment/s, all are contributing factors.

SGA=significant gainful activity.

Hi Jenn
 

Welcome to this site. Neuro talk has the forum to talk to about SSI. As you go through the process you will have many questions. Please consider getting a representative. I didn't have a lawyer, but an assistant and it worked out ok. One of the benefits of that is they know how to keep your case moving along more smoothly. Keeping all your medical records on hand at all times, and that will help too. I wish you all the best. It is not easy, but there is support here when you need it. Ask the questions, and someone will be sure to answer you. I wish you all the best. ginnie

Hi All, I do believe that you need a lawyer that focuses on SS disability as well. They seem to get medical records from the doctors more quickly, and they are so familiar with all the red tape that it is just another day to them. That said, my son is an attorney, but will not touch my case because that is not what he specializes in. However, if I ever land in jail, he knows just how to get me out! My daughter, who is a social worker, told me that over 90% of the cases get denied the first time through and to just expect it. She was right in my case, and it was really helpful when she helped me fill out all of the paperwork. It also made her understand RSD better.

Hope everyone is having a better day, Lisa