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-   -   Don't start your claim unprepared!!! (https://www.neurotalk.org/social-security-disability/148967-dont-start-claim-unprepared.html)

echoes long ago 01-21-2011 05:17 PM

excellant post Mz migraine. sometimes doctors dont accurately record what you told them. thats why its a good idea to review your medical records and correct any errors before a hearing or even before you file which you are entitled to do under HIPAA.

legalmania 01-21-2011 05:30 PM

Quote:

Originally Posted by rlj1959 (Post 737003)
This is true, they don't. But they do prove that you paid for a procedure or whatever to back up your claim. Think about it that way.

Copies of your medications do come into play when filing for disability, this is from the SS disability site. Example; you claim to have severe pain, what's going to be more convincing you're taking over the counter pain medication, or something prescribed by a pain medication doctor?

Evidence Relating to Symptoms

In developing evidence of the effects of symptoms, such as pain, shortness of breath, or fatigue, on a claimant's ability to function, SSA investigates all avenues presented that relate to the complaints. These include information provided by treating and other sources regarding:

* the claimant's daily activities;
* the location, duration, frequency, and intensity of the pain or other symptom;
* precipitating and aggravating factors;
* the type, dosage, effectiveness, and side effects of any medication;
* treatments, other than medications, for the relief of pain or other symptoms;
* any measures the claimant uses or has used to relieve pain or other symptoms; and
* other factors concerning the claimant's functional limitations due to pain or other symptoms.

The information above is from the link under evidentiary requirements.

http://www.socialsecurity.gov/disabi...videntiary.htm

SSDIHelp 01-21-2011 08:59 PM

Details n your claim
 
Dear RlJ1959,
Sounds like you fileld the 2006 version of the application. In the 2010 version of the application you don't have the same ooportunities to anser in detail, allthough there are ways around it. The 2010 version places the claimant at an extreme disadvantage. I've attached an article I wrote between the differences in the application versions.
2010 Application
In 2010 the Social Security Administration changed the application that had been in use since 2006. The focus and majority of the content of the 2010 application is on “Medical Treatment” which asks for Doctor’s contact information, “What medical conditions were treated or evaluated”, “What treatment did you receive?” and a limited list of potential tests and dates of tests.
The most dramatic change is that you are not given the opportunity to explain how the limitations of your disability affect your ability to work. In the 2006 version of the application you were given an opportunity to detail your illnesses, injuries and conditions and how these affected your ability to work. These vital questions have been eliminated in the new application.
In the 2010 version, Section 3 lists Medical Conditions which is an opportunity to list your illnesses, injuries and conditions and how they limit your ability to work. It’s possible to write extensive answers to this question in an attachment and expand your answer to include the limitations that interfere with your ability to work.
So, in Section 8, Medical Treatment, it’s critical to answer “What medical conditions were treated or evaluated with the illness, injury or condition and most importantly mention how it limits your ability to work. As an example you’re seeing doctor for severe back pain and muscles spasms that occur multiple times a day which limits your ability to sit in a chair for more than an hour, medication lessens the pain but doesn’t eliminate the pain. You could have answered the question with a simple “back pain and muscles spasms” but it does not give the caseworker any idea of the severity, duration or frequency of the problem. Severity, duration and frequency are the three characteristics you want to include in your answer. To answer the question in this manner requires doing an attachment since there is insufficient space on the application for long sentences.
When you answer what treatment did you receive for the above conditions you are ‘forbidden’ to list medications. Many have negative side effects that limit your mental or physical ability to work. Medications are listed in Section 7 of the new application and I highly recommend doing an attachment that answers the question; name of medication, name of doctor and reason for the medication but adding a fourth item, drug reactions. So in Section 7 you would write “See attachment 7” that lists the side effects.
Other than the above mention major changes, the organization of the application has changed. The 2010 application basically asks the same questions just in different places.

Comparison of the 2004 and 2010 Application
2006 Application
Section 1- Information About the Disabled Person
Section 2 –Your Illnesses, Injuries or Conditions and How They Affect You – Deleted
Section 3 – Work History
Section 4 – Doctors’ Information
Section 5 – Medications
Section 6 – Tests
Section 7 – Education and Training
Section 8 – Vocational Rehabilitation
Section 9 – Remarks


2010 Application
Section 1 – Information About Disabled Person
Section 2 – Contact who knows about your condition.
Section 3 - Medical Conditions
Section 4 – Work Activity
Section 5 - Education and Training
Section 6 – Job History
Section 7 – Medications
Section 8 - Medical Treatment
Section 9 – Other Medical Information
Section 10 – Vocational Rehabilitation
Section 11 – Remarks
It’s natural to resist change and those of you completing the new application won’t know the difference anyway. It’s just that you have to work harder to inform SSDI how your limitations affect your ability to work. My personal opinion is that the 2010 form is less friendly to the claimant and is solely based on the doctors you see and what they say in their office notes. If you have not mentioned limitations or they have not written them down then the caseworker has no idea of how your disability affects you. The only way around this is to incorporate your limitations in your answers.

Respectfully, Trudi

legalmania 01-22-2011 12:16 AM

I never let them limit me in what I had to say on an application. I would always write on the form, in the small space provided. SEE ATTACHED. Then type up all the medical information both physical and mental along with statutes, rules, copies of doctors reports, mri's, medical bills, whatever it took to fulfill the meaning of substantial gainful activity, and residual functional capacity. I left no doubt that my client was disabled. I believe rlj didn't file his application until 2009.

lefthanded 01-22-2011 03:48 AM

I was surprised that I was accepted after the first denial, but my LTD company hired a firm to advocate for SSD for me. It doesn't hurt to let your physicians know that you are applying, so they can be ready to advocate if necessary.

That said, I think my doctor listing my prognosis as "poor" went a long way in my fairly quick acceptance. I have to admit, seeing "prognosis: poor" in my medical records shook me up a bit. I guess with all the body parts I have had removed, and all the interactions, side-effects and restrictions I have on my diet, my prognosis for improving is, in fact, rather poor! If you will never improve, medically, make sure your doctor documents that clearly in your records.

BTW, I was accepted for Crohn's, complicated by having had my entire colon removed, and a less than good result with my j-pouch (recurring complications.) I didn't even have to list my growing neurological complaints, which at the time were diagnosed as just peripheral neuropathy.

legalmania 01-22-2011 04:40 AM

Quote:

Originally Posted by lefthanded (Post 737318)
I was surprised that I was accepted after the first denial, but my LTD company hired a firm to advocate for SSD for me. It doesn't hurt to let your physicians know that you are applying, so they can be ready to advocate if necessary.

That said, I think my doctor listing my prognosis as "poor" went a long way in my fairly quick acceptance. I have to admit, seeing "prognosis: poor" in my medical records shook me up a bit. I guess with all the body parts I have had removed, and all the interactions, side-effects and restrictions I have on my diet, my prognosis for improving is, in fact, rather poor! If you will never improve, medically, make sure your doctor documents that clearly in your records.

BTW, I was accepted for Crohn's, complicated by having had my entire colon removed, and a less than good result with my j-pouch (recurring complications.) I didn't even have to list my growing neurological complaints, which at the time were diagnosed as just peripheral neuropathy.

I'm glad to hear you had an attorney and physician who knew what they were doing. Like I told someone else, I don't like to say congratulations to someone who has lost body parts and will be ill the rest of their life, but I'm glad the stress and emotion of dealing with SS is over for now. With body parts missing I think your doctor using the term "poor" would be an appropriate word. SS loves cases like yours it's obvious you are disabled, you save time and a lot of aggravation and paper work, within the system. Take care and enjoy what you can out of life. I sometimes watch the show Mystery Diagnosis and it takes several doctors sometimes up to 10 yrs to figure out what's wrong with someone. When they don't know, they say it's in the person's head. Instead of just saying I don't know let me find someone else. I'm temporarily helping people with foreclosures, that's another mess. I needed a break from the stress and emotion of disability and I'm not even disabled. Take care.

finz 01-22-2011 08:37 AM

Quote:

Originally Posted by rlj1959 (Post 737003)
This is true, they don't. But they do prove that you paid for a procedure or whatever to back up your claim. Think about it that way.


Who paid for the procedure is not an issue SSA cares about.

Having had , say, an MRI proves NOTHING.

Having an MRI report that says xyz is wrong and the medical records that correlates your symtoms and physical limitations with an abnormal MRI finding is very helpful. All of that info is not on your bill.

finz 01-22-2011 08:48 AM

Quote:

Originally Posted by legalmania (Post 737323)
Like I told someone else, I don't like to say congratulations to someone who has lost body parts and will be ill the rest of their life, .

************************************************** **

Most disabled people haven't actually lost body parts.

Being disabled doesn't mean you are ill.

finz 01-22-2011 09:00 AM

SSDIHelp,

Do you know if there is an online link to the new form ?

(I'm about googled out)

Mz Migraine 01-22-2011 12:51 PM

Quote:

Originally Posted by finz (Post 737359)
SSDIHelp,

Do you know if there is an online link to the new form ?

(I'm about googled out)

http://www.ssa.gov/online/


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