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Old 01-19-2011, 04:19 PM #1
Rickey Rickey is offline
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Arrow Don't start your claim unprepared!!!

I am starting this thread in hopes that it will somehow help someone avoid all the headaches and worries that others have suffered in this forum including myself. And believe me; this advice is in no way coming from a professional. Just from my experience and what I have learned from it. There are a lot of people in this forum that are a lot smarter than me. They know a lot more about this stuff than I do. When I decided to file for my SSDI; I did not research any at all. I went at it blindfolded you might say. I had not hired a lawyer to start with so I had no legal advice on an SSDI claim at all. I simply went to the SSA office and filed the paper work. I signed several forms giving the SSA permission to get my medical records thinking this was enough.
This positively will not get the job done.

1. If you have several medical problems as I do, you need to list in detail each and every one of them on the initial claim or the appeal form.

2. For each and every medical problem you list on the claim or appeal form, make sure you present copies of medical records to back up each problem including any x-rays. Your hospital or doctor can not refuse to give you copies of your records or x-rays. Don’t let them tell you they can’t. Present these records to SSA at the time of your claim or appeal. I didn’t do this. SSA does not accept word of mouth or the fact that something is written on the claim.

3. List all medications you take, the name of the drug, your prescribed dosage and any side effects the medication may cause. Some medication may cause side effects on you that they don’t normally cause on other people. Don't leave anything out.

4. This is very important; I think this is where I failed. On each and every question on the form, go deep into detail. Again, don't leave anything out. I figured that the records would provide the details so I answered most of the questions with the shortest answer possible. Wrong.

5. Be honest on your claim and don't tell a fib. I'm not saying that I lied on my application but I have read in another forum where someone got caught in a couple of lies and was denied. Their lawyer refused to represent them anymore in their appeal because they were being dishonest.

This initial application or the appeal is very long and takes a while to finish. Don't make the mistake I did. Whether you are filing for the first time or filing your appeal, take your time and answer each question with all the details you possibly can. Believe me; this will benefit you greatly in the long run. In my opinion and I could be wrong, but a lawyer is not necessary until when and if you are denied the first time. Then I would definitely get legal advice. I just believe that if you do the 5 things listed above, you will stand a lot better chance of winning your claim. And last but not least, SSA does not get in a hurry by any means. Don't expect an answer in a short time period. Some people get an answer in as little as 4 to 6 months, then again some people wait for as much as 5 to 7 years.
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Old 01-19-2011, 06:02 PM #2
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Great! Just want to add:

- make copies. They lost my file.
- I used some of their own language (SSDI Blue book), but not sounding uppity but informed.
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Old 01-19-2011, 08:06 PM #3
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My biggest tip is describing your 'average' day to them......not your best functioning day but don't overdramatize saying you can't do anything if sometimes you can.
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Old 01-20-2011, 12:30 AM #4
Rickey Rickey is offline
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Quote:
Originally Posted by finz View Post
My biggest tip is describing your 'average' day to them......not your best functioning day but don't overdramatize saying you can't do anything if sometimes you can.
This is true, I have read that the more you try to make them feel sorry for you, the less they feel sorry. I guess that they think you are exaggerating your situation.

Thanks, rlj1959
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Old 01-20-2011, 04:28 PM #5
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I don't want to sound harsh but, try not to whine. Like rlj states get advice, and gather knowledge, you don't have to necessarily use an attorney in the original complaint and the reconsideration the ssa.gov site has a question thread. (however, if you get to the ALJ hearing you may want to consider hiring an attorney.) The ss gov site will lead you to statutes and rules that gets the point across. In Fl. the SS statute that is used a lot is 404. Example according to 404.(additional numbers) it states that the description of disability is you can't walk, stand, sit and according to your statute this means I can't do any substantial gainful activity. This holds them down to their own meaning of a disability. Of course you have to back that up with doctors reports, mri, scans, copies of your medical bills ect. It can become difficult when you don't feel well to begin with, if you can read you can do this. My offer still stands, anyone needing help filling out forms I will be more than willing to give a hand.
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Old 01-20-2011, 11:10 PM #6
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Copies of your medical bills don't prove disability
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Old 02-21-2011, 08:04 PM #7
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Agreed, this is extremely important. That was something my claim reviewing doctor stressed to me in my exam. One of his key questions was like this; ' Forget about all the doctor opinions you have heard about your case so far. I don't care about those right now. How does your disability impact you in your every day life?'


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My biggest tip is describing your 'average' day to them......not your best functioning day but don't overdramatize saying you can't do anything if sometimes you can.
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Old 01-20-2011, 12:25 AM #8
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Originally Posted by kicker View Post
Great! Just want to add:

- make copies. They lost my file.
- I used some of their own language (SSDI Blue book), but not sounding uppity but informed.
Very good point. Always keep copies for your own records.

Thanks, rlj1959
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Old 01-21-2011, 08:59 PM #9
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Default 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
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Old 01-22-2011, 12:16 AM #10
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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.
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