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Question About Chronic Severe Back/Neck Issues and SSD/Attorneys

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Posted 9/13/2015 11:02 PM (GMT 0)
So, I have a myriad of problems in my neck and low back. I have been on a pain management plan since 2004. I take about 7 different prescription meds to manage the pain/symptoms. I had a double fusion in my neck in 2014, but the t didn't help. I have atrophy in my left leg and have had numbness in my left foot for over 6 years. I worked thru most of this, it was only last year that I stopped working and have been unable to do much of anything due to the pain. It sucks!

I was denied disability in December 2014 and instead of appealing I tried to go back to work. That only lasted 4 months, and barely that. So I reapplied.

First application: the case manager didn't even wait for my medical records showing that I have been treated since 2004 ongoing , (the doctor was taking so long to send records) and denied me saying I would get better. They sent me to a psychiatrist and neurology ce. Psych diagnosed me with anxiety and major depression disorder. Neurologist confirmed my afflictions and is also the doctor who first found the atrophy in my left leg.

This time around, since by then I received the records from the doctor that took so long to send the 8 years of medical records from 20 04-2012, I sent those in along with my disability tag info, all my FMLA paperwork, MRI, physiatry, injections, communication with employers, etc. over the years showing how I frequently missed work weeks at a time, etc. with the initial application. It is literally like 2 1/2 inches of paperwork. The case manager this time called me the day she received my paperwork to ask what it all was, and she actually answers her phone nearly every time I have called her. She told me that she reviewed my case with the physician on staff, they wanted new xrays, my most recent ones were from like July/august 2014.

I was sent back to the same ce examiner again that previously found the atrophy. He again confirmed my diagnosis, total of 8 different diagnoses, and even told me "I hope you get what you need with this, hang in there." They also sent me for xrays, and the xray tech said "...oh ya, I see those bone spurs..." and also (weirdly) commented that he knows I'm not faking it. 😮

I now am waiting for the decision...just a mess emotionally, financially (just had to file Bk and am so broke) and so tired of this pain. I am just wanting this to be over. I loved my career, I have worked consistently for 20 years and I am in my 30's. I am miserable to be younger and falling apart like this.

I called an attorney, Binder and Binder, explained my situation, they said that it sounds like i clearly qualify for ssd and suggested I wait for the response from ssd and if denied again I will proceed with the attorney.

So, I guess I have a couple questions...is it rare to be ordered to get xrays by ssd?
Who are the good ssd attorneys? Is Binder and Binder a good one? I do respect that they didn't try to talk me into hiring them before I get this round decision...any other suggestions, comments, experiences, etc.

Thanks for reading my book, didn't mean for it to be such a ranty thing...
Posted 9/14/2015 12:44 AM (GMT 0)
Binder & Binder got into trouble a while back for not giving all medical records to SSA. They keep out ones that weren't favorable to their clients.

It takes more than a diagnosis. You must prove that you aren't able to perform SGA, which is $1,090 a month in 2015 doing jobs in the national economy. Did you tell your drs the activities of daily living that you need help with and the ones others must do for you? Did you read your medical records to be sure the Dr wrote it down. Do your current diagnostic test results state your conditions are severe on the reports?

You have to be not performing SGA in order to be found disabled. I'm not sure when you worked last. Also there is a 5 month waiting period from.your Established Onset Date. which is the date SSA decides you became disabled.to the month benefits start. Don't put much stock in what the ce Dr said. They don't determine disability. Their report is only one piece of evidence that is used to determine disability.
Posted 9/14/2015 4:16 AM (GMT 0)
I was blessed to be approved the first time within a few months, and at a young age. I'm not quite sure what the magic answer is, and I honestly feel some of it comes down to the individual who is reading your case.

I had the support of my entire medical team, which is a must. The necessary paperwork was filled out, along with personal letters from each one. I also have a few issues that are out of the "norm" and my Drs took the time to explain them so SS could understand the impact.

All records are important, but I was told the last 6 months carry the most weight. I had binders of info which I had delivered to our local office. Read each and every document carefully. SS will look for any word that implies improvement. Physical Therapist notes can be tricky since they measure everything step-by-step and improvement can be charted. Now, that might mean you can stand for 2min instead of 1min, but it's still improvement.

I also included my appointment schedules. I see at least one Dr a week, and PT at least 2x week. Some Drs are local, and others are 3hrs away. These appointments take up a huge chunk of time. I'm also inpatient every few months which would also affect steady employment. Having a calendar with chunks of time blocked out showed just how much my diseases run my life.

If you have meds that have rough side-effects, include that as well. Ex: pain meds might affect driving, muscle relaxants make you drowsy, anything that might hinder employment. I had a note from one of my Drs explaining that I'm immunocompromised due to meds and need to avoid crowds. There are so many meds, so a SS reviewer might not realize the side-effects.

It is possible to get approved within recently having a job, but there needs to have been obvious issues while employed. A co-worker was awarded disability while teaching, but she had terminal breast cancer. She just wanted to spend as much time as possible in the place she loved. I was a teacher and started out the year, but passed out in Oct(thankfully no kids around), and that was it. I became trapped in the revolving door of the hospital-in/out every few weeks. I sent in paperwork and was approved in Jan. Maybe since I had just been out during the summer, and only was back a few weeks, my last continuous employment was in June. IDK

Age will be a factor-I'm sure it was for me. That's why you need as much documentation as possible. Level of education can hinder you as well, as there are other jobs that you might qualify for.

Just fight fight fight. Hopefully someone else will come along with more advice. I feel for those of you with back issues. So many people use them as an excuse to cheat the system, leaving those of you with legit pain to struggle and prove yourself-just not fair.
Posted 9/14/2015 4:32 AM (GMT 0)
Well then, I will look into another firm. Yikes. Thanks for letting me know mercy.

I have extensive medical records covering the past 10 years, and yes, there are many indications of my significant limitations, that it is getting progressively worse, etc. My doctor says that because of my age it may be challenging to get ssd but yes, I have serious and significant problems which I have fought for over a decade. I managed to work though I missed months of work each year with several additional days intermittently for the past several years. I was not correctly diagnosed (my neck issues were ignored as a side effect of my low back issues) so I took a job in another state 3 years ago, relocated, was at the height of my career, when my left arm and shoulder started hurting badly and I started losing my grip, dropping things, etc. I was diagnosed within 6 months of moving with having severe issues in my neck, worse than my low back. I've had numerous esi, ablations at 5 levels, surgery, still just pain so bad that I can barely hold up my head. In addition to low back issues continuing.

I had been largely in denial about how bad it is for years but it is bad. As I write this both my low back and neck are on ice, I have a neck headache, throbbing radiating pain going down left arm, hips, left leg down to my foot... And this is while on meds and laying down on my special bed with special pillows and ice. It is torturous and my life has been taken away from me. My doctor and the ce doctor both give the same rfp.

Can life up to 5 lbs once, can't stay in one position (sitting/standing) more than an hour, can walk perhaps 1/2 a block, etc. It is depressing and pathetic. I am also struggling with severe depression and cry almost everyday about the loss of my life and how bad it is and how relatively young I am...how bad will I be in 5 years? Ten years? Its permanent. Multiple doctors have said there is no way to fix it, no way to take away the pain, only ways to manage it.

I have not been able to work since early last year. I had a failed work attempt where I lasted about 4 months.

Post Edited (Sore2theCore) : 9/13/2015 10:43:38 PM (GMT-6)

Posted 9/14/2015 4:42 AM (GMT 0)
Thank you roccyd. Wow it sounds like you have a wonderful team of doctors. I am so glad you were able to get it smoothly.

It is unfortunate that so many people try to commit fraud, it makes it hard for those who truly need it to get it, but I do I understand why they have to go thru all the checks and balances. There is a lot of fraud out there.

You brought up another thing...education. I have a masters degree. So there's that. I'm just scared. I am losing everything I worked so hard for, and its out of my control. It's not a good feeling.
Posted 9/14/2015 4:46 AM (GMT 0)
Oh and recently my family has started to be concerned about my emotional state. I have been pretty much a mess. I had cancer last year, too. And some other things going on. Its just a lot of stress.
Posted 9/14/2015 5:36 AM (GMT 0)
The last year for physical impairments and the last 2 years for mental impairments is what they look at. They are only interested in when you no longer could perform SGA.

When the claimant is under 50, they look at jobs in the national economy like laundry attendant, ticket taker, security monitor, etc. With your age and education it will be extremely difficult to be approved.

If your state has Reconsideration, that will be the next step. If they don't or if you're denied at reconsideration, going before an ALJ will be the next step. It can take 12-24 months to get a hearing. It depends on how far behind they are.

Be sure the attorney specializes in Social Security.Law. Having an attorney doesn't mean there is nothing for you to do. You need to follow up and be sure the attorney gets your medical records. Also be sure the ALJ.has a copy when you find out your hearing has been scheduled. Attorneys rarely read the medical record's. If you conditions aren't severe enough when you hire them, by the time the hearing comes up they usually are
Posted 9/14/2015 11:10 AM (GMT 0)
Sorry to hear your career has come to an end and I believe it's one of the most difficult points emotionally we pass through on this journey so if you don't have a therapist who specializes in CP start the hunt,it will be beneficial to you in more ways than one. We actually go through the grieving process due to the losses such as career,mobility,friends and just all the things that are no longer. The total loss of everything we ever thought our lives were or would be is emotionally draining and definitely depressing.

If you have not yet had a FCE(functional capacity evaluation) try to get your Dr to send you for one soon and if you have had one but its old get a current one. It's not at all uncommon for attorneys to stay back until at least the first denial comes since there's really nothing more they can offer up till the battle lines being drawn. Also common to be sent for current tests and appointments with SS appointed drs or psychiatrists so don't panic about those but be sure to do them and not miss any. The key is being vigilant and meeting deadlines,turn in papers on time and don't get discouraged and give up,they're hoping you do.

As for attorneys try to find a local one who has experience,the larger firms located throughout your state and even nationwide use so many different attorney's that you are likely to never talk to the same one twice. Keep copies of everything in a folder of your own and I mean everything from SS,every Dr appointment,therapist,test,request a copy for your file. If you have to take it to the ALJ point you will have only about 15 minutes to look at the file that SS has gathered to present to the judge and base their denials on. Knowing what is in your file will help to see if anything important is missing from the one that they have.

Stay on your Drs to get the records in in a timely manner,your insistence is going to be a huge importance in getting the right decision. It's early out and rest assured most are denied the first round even the second and only a few get awarded without at least one denial and that doesn't necessarily mean your less disabled just some have a different qualifying issue and that some of those are like a guarantee,others are judged by degrees of effect on the person and still others by the actual medical evaluator.

When filling out the forms be precise and as simply honest as you can without being over dramatic in your assessment of your abilities. Its OK to say you can do this but require assistance or you can perform this household chore but have to do it differently than before,here's a example. Do you prepare your own meals? Yes but I no longer cook large time consuming one's or I prepare several ahead of time on a good day for the not so good one's. You can't preform a cooks job preparing ahead of time or showing up to work on good days only then cutting corners right? That's just a example and by no means a great answer but just to show you that unless your in a healthcare or assisted living situation they know you have to eat therefore you have to cook its a basic ADL. Like getting dressed,do you require help? No I don't but I have to wear things that don't have to be pulled over my head or have back zippers or buttons and my shoes now all consist of slip ons no ties,do you walk around in your yard? I stay on the walk and don't venture out into the uneven turf unless someone's with me because my weak leg could get me in trouble on uneven ground and cause a fall. Hopefully now you see what I am getting at as far as honest simple answers but not overdramatizing every one and if it's something you don't do anymore than just say you don't.

As for the depression look into the counselor who specializes and understands that which your going through,use the forum for support and knowing there's those here who have been exactly where you are is a good way to hang on to your sanity!! It's a harsh reality but we are survivors of CP and you will be too!
Posted 9/14/2015 12:01 PM (GMT 0)
Forget a lawyer, bring Vickie with you to court :)
She knows her stuff!
Posted 9/14/2015 2:23 PM (GMT 0)
Great thread here with lots of great information. I am thankful that I am not at this point, but feel that I am at the early stages. I can still get around, but often "pay the price" later. My main problem is the pain making it hard to focus. I too have a masters degree and the work I do requires a great deal of focus and attention to detail. I was also told that I just have degenerating discs and there is nothing that can be done. I'm only 39.

I hope you are able to get approved. Your paragraph describing your situation as you are typing your message is very telling. I don't see how someone in that state on a regular basis could be expected to do any job. Good luck and best wishes!
Posted 9/14/2015 4:50 PM (GMT 0)
Sore, its like Vickie said, when you are the stage you are right now with so many losses, its perfectly normal to grieve & let yourself do so. People think grieving is limited to death but that is not true. Its also like peeling an onion, layer by layer.

As far as the emotional impact of this, get some professional help. Had I not found a good psychologist I truly do not know what I would have done. My disability is not a result of CP, mine is from crohns disease, although CP played a role in there somewhere. It takes a very strong person to live this life. Get all the help you need to get you where you need to be. Eventually a time will come & you will make a new & different life for yourself, many of us have done this very thing. That is why we are here today. Its a bitter pill to swallow at first because this is just something none of us ever imagined happening to us.

There are tons of ways to keep yourself busy. Don't dwell on the losses. That will eat you alive. Work on what your needs are to getting you feeling better physically & mentally. Keep your goals reasonable on what you want for your new future.

Find yourself a good local atty that handles SS claims only. Stay away from the ones that are the jack of all trades & master of none. The ones that advertise on tv how wonderful they are, stay away from them too. Their practice is a numbers game, all volume, they have no idea who their clients are or what they are about. Your local atty will know the ins & outs of the judges & how that office works. Attys will work on a contingency fee basis too. SS sets out how much an atty can charge for each thing he performs on a claim. I do not know what the cap is now on what SS will pay an atty. Most attys do not take a case until the person has been denied.

Some SS offices when having a hearing on a claim will have a vocational expert set in on the hearing, This person listens to your testimony & tries to come up with a job that you can do within your limitations & education. This is where a FCE eval can help you.

Hang in there & take care.
Posted 9/14/2015 6:45 PM (GMT 0)
Don't let your age and education scare you into dropping the case. I was a tad older but just early 40's with a PhD when my disability was awarded.

It's pretty normal these days to be denied twice before having a hearing before a judge. It's more helpful to use a local disability attorney who knows people at the local SSD office than to have a nationally known name.

The attorney's fees are capped (I think it was at $5800), plus you only pay them if you are awarded the disability. It helps if you read the disability info on "approved disabilities" and in the parts where you yourself describe the problems, you use their wording.

Best wishes.
Posted 9/14/2015 8:30 PM (GMT 0)
Adding my 2 cents. I did my first 2 applications and was denied SSD and SSI twice. I also had a medical malpractice case going on at the same time. Med mal lawyer sent me to an "Occupational Assessment Specialist". We had 2 sessions together in which he determined that I could do "this" but couldn't do "that". His 30 page report went a long way when I gave a copy of it to my SSD lawyer. The man that did the assessment was the author of the guidelines that SSD uses! So, whether the third time was the charm because I had a lawyer or because I had the report, who knows? But after a 3 year battle and nearly losing everything I owned, I was finally approved.

The lawyer I had hired, who simply signed his name to a piece of paper saying that he represented me, got $6,000.00! If you qualify for legal aide, get one of them! They don't charge! If I had it to do over again, that's the way I'd go!

SSI kicked in right away and after about a month or two, SSD kicked in. They deducted what I had received from SSI, I had to pay Welfare back for what I had gotten from them for the 3 year battle time and I had to have them cut a check to my friend who had paid my rent and other living expenses for the 3 years, too.

Since most of my conditions were work related, I get a lesser amount from Workers Comp until I turn 65, but I will be getting it for the rest of my life.

When you get those annual statements from Social Security that show how much you would be eligible to get, keep in mind that going on SSD cuts that amount by about 20% so you get less. I was horrified to find out that I would start at less than $600.00 a month and not the $880.00 shown on that report! Even with my W.C. money, it's not enough and I have to use food stamps (re certify every year), home energy assistance (re certify every year), etc.

Also, they indicated that they gave a great amount of weight to what my psychiatrist said about my depression. If you aren't seeing one yet, get an appointment asap. You can send additional documentation at any time up until determination is made on your claim.

Best of luck to you. Stay strong.
Posted 9/14/2015 11:37 PM (GMT 0)
If someone uses legal aid and is awarded money, they have to pay standard fees.

As others have stated it.is best to.get someone from.your area that specializes is Social Security Disability. Be sure and ask about things that are important to you. For example.does the attorney communicate with email, phone calls or both. What is the average wait time for a reply.or return phone call. Does the attorney have his assistant communicate with.you instead if him. Things like medical records, copies, travel expenses if they have to travel. etc are Not covered by the fee agreement. Some attorneys will.charge you and some won't. Be sure and ask and get it.in writting.if.you can. Also read the Fee Agreement Before you sign.it and get a copy to take home.
Posted 9/18/2015 8:09 AM (GMT 0)
The "ssd blue book" of covered conditions listed by diagnosis code is available online. Just Google it and scroll thru til.you find your dx's. The guidelines also state if you have multiple dxs, they have to consider all of them like a major depressive disorder has specific requirements to be considered disabling. Read each.code to see what they require and document document document . Every time you have imaging,or blood work call your evaluator to see if she received reports. That really helped my case, they were missing all kinds of stuff. I would have loved to have continued working, I have a college degree in my field of communications radio and TV. Can't read , concentrate, tolerate stress or walk more than 15 steps at a time. Got approved on first application, . Bone scan is what carried a lot weight too. Was living in a room in a friend's garage, technically homeless by the time it came through. But it came through. Best of luck!
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