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Posted 10/22/2011 9:27 PM (GMT 0)
Hello All,
Sorry i haven't posted in awhile, I have been going through some difficulty with my lone kidney which has left me feeling very depressed and stressed out, as well as in a lot of pain on the OTHER side of my body!! Anyway, back to my question.I applied for SSDI in march of this year and was denied a few months later, I immediately filed my appeal and was able to get a letter from my PM doc stating he considers me disabled. I just received a function report ( basically a huge questionnaire regarding my daily activity) which is very similar to my initial application & my appeal questionnaire. I guess my question is: has anyone else had to deal with this and is it perhaps a good sign that they didn't shoot down my appeal right away? Also just wondered how long most people had to wait for approval. Would greatly appreciate any input as I need to prepare myself financially if this drags out to long.I am currently receiving un-employment as I was discharged from my last job because of my health.
but this is going to run out eventually and we will be unable to make it just on my wifes salary. Thanks for reading and responding!
Posted 10/22/2011 9:48 PM (GMT 0)
Do yourself a favor, get a SSDI lawyer, they will only take the case if they can win as they dont get pain unless they win.  I have no doubt a SSDI lawyer will take your case, ask yourself this, is it worth the aggravation of wondering and waiting, all the time uninsured, and not getting any income?  Or it is just better to get the lawyer, win, and he gets his cut, but in the mean time you get paid back from the first time you applied.

I am not much of a gambler, I went at it alone the first time, turned down flat, second time, with the lawyer, only one who only does SSI, SSDI cases, I won the award, got the money from the first time I applied, got back money ffor my youngest daughter who was under 18, this lawyer had me signed up for medicare, and sent me back 2000.00 that he was overpaid by SS.

Why go on wondering if you are going to get it, do yourself a favor, get a lawyer, you dont need money up front, I have no doubt they will take one look at your records and take your case.  Its so less stressfull, and so much easier.

Of course this is just my opinion, so good luck,

Kathy

Posted 10/22/2011 10:25 PM (GMT 0)
I concur. Now that you are in the appeal process find yourself a LOCAL lawyer who is experienced in SSI claims to handle yours for you.

As far as how long it will take to get through all the BS and win your claim that is hard to say. It depends partly on where you live (how busy the office that handles claims for your area is) and how "cut and dry" your case really is. Some people can manage to have it done within 3-6 months and other people are still fighting things a couple of years down the road.

I know that is not the answer you are hoping to hear, but one thing is certain. The sooner and faster things are done on your end the sooner they will be done on their end.
Posted 10/22/2011 10:33 PM (GMT 0)
I hired an attorney, one who only handles SSD cases (Midwestern Disability) unfortunately they are not local, I found them on the internet but I researched them and found pretty good reviews. Since I am in the appeals process hopefully they can help and I can put this behind me and not have to worry so much about money-not that i will be liven large by any means:) I have enough stress and anxiety worrying about my declining health. Thanks for your input.
Posted 10/23/2011 12:23 AM (GMT 0)
I don't think anyone who goes on SSDI does it to "live large"..****. I do know and understand what you mean. Every last dollar that comes in is one less dollar to worry about.

I really need to get my claim back on track. At this point what I am needing to do is see a surgeon, but quite frankly I am a little scared to do it. I have this feeling that they are going to say they can "fix" me with surgery and downplay the potential complications and risks big time like almost every doctor I have spoken to has so far when the subject comes up.

It isn't having my pain resolved or even lessened that has me scared but the fact that I already know the type of surgery I need and that I have an uncle who had 2 of the 3 most likely procedures I need and he almost wound up paralyzed from the waist down. This was over 30 years ago and I know that they have greatly refined the techniques and all and that it is safer, but combining that with being a very brittle diabetic really causes me a lot of concern.....not to mention the fact I can not stand being lied to and I know that the success rates for these surgeries are not what the medical community claims.
Posted 10/23/2011 1:46 AM (GMT 0)
lJust an aside here, my lawyer was local, I did not realize SSDI lawyers were not available in every state of the Union.  Also no one and I mean no one is "living large" from the pittance received monthly for being disabled.  I am fortunate that I live with my daughter and her fiance, who together make good money, otherwise I would be digging in trash bins for food, clothing and anything else I could find.  The sad thing is I know not everyone is as fortunate as I am in having adult children who will always make sure I have all I need to live well.

I am blessed.

Kathy

Posted 10/24/2011 10:43 AM (GMT 0)
Definately have your doctor fill out the RFC form.  The form that my pain management doctor filled out for me was definately a big factor in me winning my SSDI after a 2 yr wait.  Hopefully you are seeing a specialist and not just a family physician because SS doesn't give much creedance to non-specialist doctors.  Also make sure that SS has any reports from MRI's or xrays or any tests you may have had to show your physical problems.  Are you seeing a specialist for your mental issues?  If not I'd get to one of those also.

Be honest when filling out SS forms as to any side effects your meds may give you such as sleepiness, dizziness, dry mouth, the list goes on.  Don't just say you can't do anything due to pain, be specific of how often you must sit or lie down or your limits regarding riding in a car or walking.

There is alot of information on the web regarding filing for SSDI.  I think there is one called social security disability secrets that will give you alot of good information.  There is also a good book for SSDI filing called Nolo's something or other.  You can probably find this at your local library.

I wish you luck.  I had to go to trial with an ALJ to finally get my SSDI.  It is a long hard process but you can do this.

Posted 10/24/2011 3:22 PM (GMT 0)
I had my pain management doctor fill out my RFC form and he went above and beyond! It did take him six months to get it all filled out, but he included 20 or 25 pages of documentation of testing and visits that supported everything he and I said in the RFC.

At my ALJ hearing - the only thing the judge even looked at or referred to was the RFC form filled out by my pain management doctor. It was very helpful to me!

Trudy
Posted 10/24/2011 11:30 PM (GMT 0)
I agree with some of the other comments. If I had to do it all over again, I would have retained a good SSD attorney from the initial filing. I wasted 2 years fighting them on my own, then hired a noted attorney. She got my case settled in my favor in less than 6 months, that along with the intervention of my local U.S. Senator, who looked into my case for me, and made sure everyone was following up on their end. In my case, they back paid me all the way to the day of my actual diagnosis, and the attorney's fee was determined in advance and limited by SC law. It was a small price to have it settled for me.

Good luck.

David in SC
Posted 10/25/2011 7:57 PM (GMT 0)
Badheart, BS Jaquar gave you some wonderful advice about getting this form completed by a specialist that sees you and get it done ASAP. She is also right about it being your PCP filling it out, they would much rather see a specialist involved.

Back when I worked, we handled SSD claims on our clients that were unable to return back to work for whatever reason. Alot depends on the backlog of cases that are in the line for a hearing before an ALJ. In most cases its at least a year before getting a hearing, I have seen it be 2 years or longer before getting a hearing. Obviously, they will set the older cases first to get those out of the system.

I really am sorry that you did not hire an atty locally or someone close to where you live. Make sure this atty knows you have received this form that is to be completed and provide him with a copy once it has been completed. Always keep a copy for your own file at home too.

Did you let the atty you hired know you are receiving unemployment benefits? The reason I am asking, is when a person files for unemployment that are basically stating they are are physically able to work. You do have to make an attempt to find employment while on unemployment. This is where things can get really sticky. You cannot draw both benefits at the same time either. By receiving these benefits it could mess up your actual date of when disability began I would think. If you have not discussed this with the atty you really need to and soon.

Take care.
Posted 10/25/2011 10:11 PM (GMT 0)
I spoke to my attorney and they sent me function report as well, she is telling me to fill it out and send it to them, not SS. I also spoke to them about the unemployment and she said the same thing.I am applying for jobs per the states requirement I just am not having any luck finding anything and I have to take care of my family. If it affects my disability date I guess it is what it is, I don't have much choice. I have been raising my wife's grandson for 12years and have never gotten child support, as the state has made no effort whatsoever in pursuing it so I don't feel too bad in taking unemployment to to care of my family. I guess that's my opinion as I was illegally discharged from my job but can't afford to pursue that road. The punches just keep coming...
Posted 10/26/2011 2:11 AM (GMT 0)
I don't know what your financial situation is but if you can qualify for any kind of state assistance because of the child I can promise you the state will go after the child's parents with a vengeance.

When my oldest son's mother and I split up I started making child support payments the very next check I received to the tune of 22% of my net wages. Well she went on assistance and within 2 months of our splitting I was sitting in court. In a way I think it is funny. The state probably spent $500 between court time, subpoenas, etc to get and extra $12 out of me each month, which all anyone would have had to do is explain what the requirement was and I would have paid it.
Posted 10/26/2011 5:24 PM (GMT 0)
I am wondering how you are receiving unemployment? I thought you couldn't get UE and apply because the first question on UE is... Are you physically able and available to to work each day?

This is why I have not applied yet.... I know we cannot make it without it... Please let me know!!!!!!
Donna
Posted 10/27/2011 1:56 AM (GMT 0)
your thinking is correct, donna. if you are on UE, then you are stating your are medicaly and phyically able to work. If you are not, in most states, you would be denied UE.

david in sc
Posted 10/27/2011 11:50 AM (GMT 0)
I asked ssd about this and was told since I was not approved for disability yet I am not technically disabled, and I can get ui as long as I actively seek work, it is kind of a gray area but I gotta do what I gotta do....
Posted 10/27/2011 1:23 PM (GMT 0)
That might be technically true but in reality the first human that lays eyes on yr claim will deny it if you are still seeking employment, ie not disabled. When we lost my salary after I became disabled we suffered, we made too much to qualify for entitlement programs, but struggled every month to keep lights on and food on table. AND we own our house outright. Then my husbanc was dx'd w/ advanced prostate cancer, had to go on leave from Lowe's. They gave him 2 years and after radiation he applied for ssdi-denied! Then neither of us had money coming in. We were so far in the hole when I was approved, the retro pay barely covered it.

What I am saying is you can't have your cake and eat it too, according to the government. I think the thinking is the govt can starve out the malingerers and they will give up going for the free check and go back to work...that's all fine and dandy, except for the real disabled.

It was the hardest 3 yrs of my life, the stress of it exacerbated every medical condition we had. Hubby is in remission BTW going on 5 years.

Get anatttorney and stockpile some food, find out where all the charities are, because they will be yr best friends theu this process.

Take care-I have heard of some folks getting in 6 months, but our area was backed up.

Maggie
Posted 10/27/2011 1:55 PM (GMT 0)
If I was able to "go back to work" I already would have, I was a career painter but the disability took that away from me. I asked UI, SS, and my attorney and they all said the same thing. until i am found to be disabled, looking for work that I MIGHT be able to do does not make me not disabled. My wife makes very little and we are raising her grandchild so we would easily qualify for state aid, welfare etc. I guess I'm just not willing to admit yet that i can't work...My attorney said it will probably preclude me from getting any back SSD unless my UI runs out before i am approved. I am at wits ends with it all, just about to give up...
Posted 10/27/2011 4:36 PM (GMT 0)
Don't get me wrong-I hope you can find work you can do...especially in this economy.

If your atty says collect ui, go for it. Mine IN MS told me any work-like activity would doom me.

Y'know, the ironic thing here is now that I'm disabled, they want me to work part-time. I got a  ticket to work from SS, the State will help me w/ computerskills and they give a list of agencies taht you can work from home  on computer and phone. I can earn up to $1000 more a month and NOT lose benes. My hubby too, hopefully. I guess these agencies get payment to get disabled people jobs. Will let you know if it's for real or all for show.

Good Luck-I hope you have resolution very soon.

Maggie

Posted 10/27/2011 7:17 PM (GMT 0)
Maggie you need to read the fine print on the Ticket to Work program, from what I understand after being on it an x amount of time the SSD is suspended. I am believing that a person can do this for up to 9 months and then the SSD benefits are stopped. I suggest that you speak to an atty about this. I assure you that they will not allow you to work forever & receive SSD at the same time.

Badheart, yes, it can & will affect the date disability began by receiving UI, so there would not be any back pay due if you were entitled to it. The key words in SSD is disabled and how they define disabled. Also, they have a computer program that is in place and it picks up on key words in all paper work that is submitted to SS office. With this in mind I would just about imagine you will need a hearing before an ALJ to weed thru your claim because of the UI. Like someone else said they were told working pretty much would doom their claim.

If you were discharged from work wrongfully and can prove it, any good atty would take your case on a contingency fee contract, meaning you pay no money up front it would come out of any settlement you would receive. That is how WT cases are handled. I would look for someone that specializes in this type of law. They will not take the case unless they think there is one. Every case we handled was a contingency fee contract.

Take care.
Posted 10/27/2011 7:32 PM (GMT 0)
Hi straydog

You are right, there is a time limit. Now I believe it said 8 years and 9 months, but I will go back and read it again. I was a law clerk, so I should read the fine fine print-lol. Will let you know, but no way I'll last 8 years anyway-lol.

Thanks for the heads up

Maggie
Posted 10/27/2011 7:51 PM (GMT 0)
I am pretty sure its 9 months a friend of mine just started back to work on the ticket to work program.
Posted 10/27/2011 8:13 PM (GMT 0)
It is, of course, extremely confusing!!! I got a mental disability just trying to understand it.

My eight years was for medicare-it continues for 7 years 9 mos.

if I earn less than $720 a month, it does not count towards my 9 month trial work period (9 months within 5 years), so does that mean I can pull in $700/month and not lose ssdi? I could just about live on that and ssdi check. I could not work more than 15 hrs/wk anyway. HMMM? I'll talk to the ladies at our local office, they are so nice...advantages of small town South.

Thanks for the reality check straydog-lol

Maggie
Posted 10/27/2011 8:13 PM (GMT 0)
Hello from Kathy, as I stated before I live in Maryland, and after I was turned down twice once in 1999 and once in 2000, I finally retained a lawyer who only did SSI, SSD cases.  He was great he filled out all forms, got the books and books of my records from my doctor, he reapplied for me in April 2001 and I received my award letter and first two checks June 2001.  I got one check for me and one for my daughter who was under the age of 18.

I also received the back pay from when I first applied in Dec. 1999, and then June of 2000, as I realized by benefits from the workplace were going to run out in Dec. 2001.  He enrolled me in medicare, gave me phone numbers to call for extra help from the county, state, salvation army, and catholic charities.  I received groceriesfrom the local salvation army several time a year.  My youngest was also allowed on medicare until she turned 18, all of this was very hellpful

I do know when my lawyer filed, he filed for SSI and SSI was what I was awarded. He was truly a great human being and let me know I could work as long as I didnt make over a certain amount of money, which I think was 6 or 7 hundred dollars a month.  But unfortunately I could not work at all due to my injuries.

I received one letter from the SS office in 2004 explaining that I would have to be resertified by my doctor, the next day I received another letter from the SS office explaining that it was not necessary to be resertified at anytime, as they had received word that my conditioned has worsened over the years, and will continue to do fo. but I would not receive anymore letters from there office as it was very clear to them I would not be able to work again.  Apparently they had gotten ahold of my lawyer who in turn had gotten ahold of my PCP, who in turn would no longer need  to check up on my progress again, ever.

I am forever grateful to this man who worked so hard on my case and quite a few more cases.  He had a great way of handling people and the troubles that come with them.

Good luck, and take care,

Kat

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