Just lost my job, considering Disability

Oh you poor thing! I can relate on SO many levels to your situation. I live in Illinois and I applied and was denied disability about 2 years ago. I've heard it is common to be denied your first time? Then you can appeal and normally if you have an attorney, you can get the benefits. My family's financial situation is such that I don't need the disability income (though we aren't wealthy by any means, we are comfortable on just my husband's salary) to live comfortably. I would suggest applying... it can't hurt, right? If you are denied the first time, there are many attorney's that will not charge you anything until you get disability. Then they charge a monthly payment (from what I've heard) and you can pay the legal fees in installments.

Best wishes during this frustrating time!

In the US....as far as Social Security Disability...you can't apply until you have been out of work for a year if I'm not mistaken.

I am just going through the process myself.

I think it may be different for the STD/LTD through your previous job though...

So, hopefully others will come on to share more information. Just realize that on the weekends it can be a bit more quiet here on the boards.

You can do some online research by going to the government website.

I have applied for both SSI and SSDI. I will hopefully get one or the other. The first is qualified though income/need. The second is whether you have worked so many years into the system and have enough "credits".

I am at the beginning stages in the last month filling out paperworks and such.

I've been told that yes...it can take a really long time although some get lucky.

We can all empathize with you...And I know for me...when I am under great stress...the pain as well as fatigue can be so much worse.

Did you go to see a Board Certified Neurosurgeon to get an MRI to rule out things like spine issues? The dropping things and having actual weakness is concerning as that is not a usual Fibro symptom.

As long as they have ruled out everything else...then you can be more settled with the Fibro diagnosis.

Are you on any type of muscle relaxer or antidepressant right now? How about a nerve pain medication?

The key with Fibro is staying active enough every day to not get too sore. So doing something like walking or aqua therapy is really helpful. I walk 45 minutes a day with my doggy at night while I listen to a book on my phone.

As well as do yoga/stretching, acupuncture, massage, eat all Organic and of course do not smoke...

I know it's hard...but it's crucial during this time to take as good as care of yourself as possible. Even maybe go see a therapist/counselor to talk about everything...

Sending you some gentle hugs (( ))

Foxxy1028, I am in a unique position of being a Social Security lawyer (for claimants, not the SSA) AND having fibro. And actually from OH, too :). (I am happy to answer any questions I can, but none of the information I provide will constitute legal advice or an attorney/client relationship. And so I'm clear, I have no interest in representing any of you, but would be happy to be a resource of info.) **You DO NOT have to have been out of work for 12months at the time you apply.** Consider the situation one find's themselves in when they are diagnosed with a terminal cancer - clearly, they would not have to wait 12months. You have to have been unable to work for 12months or be EXPECTED to be unable to work for 12months. Clearly your doctor's support here will be critical which underscores the necessity of finding a great doctor, everyone. I can't stress that enough because for so many of us, the path of fibro may lead to filing for disability and you want things to go as smoothly as possible when you do file. Your doctor and their opinion on whether or not you are disabled may well be what the case turns on.

GENERALLY - Most of us work on a contingency fee basis and charge 25% of back due benefits or $6000, whichever is less. So, for example, if you file now and win in two years and your back due benefits are 29K, your attorney's fee would be 6K. If you win in 2 years and your back due benefits are only 18K, an attorney would get paid $4500 (because that would be 25% of the back due benefits). This is generally how it will work. Your short term/long term benefits may well affect how much your back due benefits will be but your carrier will almost certainly force you to file for benefits anyway, so you might as well get the ball rolling. And the fee is usually paid directly by SSA out of your back due benefits, so you never have to worry about writing the check yourself, or paying in monthly installments or whatever, except for office costs which are usually minimal (under $1000). You'll have to reimburse your attorney for those but most of us are decent enough to not ask for that until you've started getting paid your benefits and back due benefits.

I could write all day so you'll have to let me know what your specific questions are and I'll try to help. I have a special place in my heart for my fibro cases because I know all too well what these people are dealing with. I will caution all of you against NOT hiring an attorney and attempting this on your own. Fibro cases, just like the illness, are not easily understood by many and have special nuances that say, a cancer case don't. You will pay the same fee whether you start working with an attorney early on, or hire them at the end to go to a hearing with you. Why not have someone "holding your hand" throughout the process? You may hear horror stories about bad attorneys (and I know a great one in OH, BTW, if you do want a referral - do NOT just go with a huge firm without doing your research - often the solo's and small firms are best in this practice area), or you may hear from people who say they won their case without an attorney. Personally I don't know why anyone would risk losing something so important over a few thousand dollars. Considering what's on the line - Medicare, monthly "income", etc., I would never risk it.

Good luck!

Andrea...thanks for adding more information about the disability...I wasn't quite sure on the 12 month aspect..

Welcome to all.

Kaely, that is great that you got an updated MRI! Objective evidence like MRIs (which one should ALWAYS push for vs. an x-ray, which shows NOTHING compared to MRIs - MRIs are worth every penny!). That should really help you. Has your attorney given you some forms to take to your doctor to get their opinion? If not, you may want to contact him on Monday and ask for some. A fibromyalgia one may be best, it just depends on what your most severe imparment is and the doctors you see and such. If you can get any of your doctors to fill out those forms, that usually helps give the judge a better perspective on the case.

Good luck to you! I hope everything goes well and you get a bench decision so you don't have to wait to find out if you won.

I find this very interesting, I am also in the same boat, my company shut down our office so after 16 years I am too out of a job. After talking to my doctor he feels I would qualify for SSDI right away. I am 53 have Crohns with two bowel resections, Fibro, some form of Arthritis, COPD and Sleep Apnea.

Andrea,
I am in Oregon and have contacted two Attorneys., they both told me to go ahead and file right away on my own and if I get denied then hire an Attorney. Now when I asked someone about this I was told because if you got it right away you would not get much back pay so then they would not get paid much so they do not want to be bothered until they know the process will be drawn out. What is your take on that? Just curious as it is all so confusing.

Deb

Donna, you've only seen that rheumy once - just based off of ONE visit with you, they are already stating that they don't think you are disabled OR that they will refuse to assist you in getting disability? I always find that interesting since most of the doctors don't seem to realize that it will become nearly impossible for you to see them unless you are granted Medicare at some point. I, personally, would seriously consider switching doctors. Have you mentioned all of this to your "advocator group?"







(I am happy to answer any questions I can, but none of the information I provide will constitute legal advice or an attorney/client relationship. And so I'm clear, I have no interest in representing any of you, but would be happy to be a resource of info.)

Ak angel brings up a good point that underscores the need for hiring a good attorney (unless you're Donna :) and making sure you get your SSDI/SSI even though you have LTD. At some point the LTD carriers will re-evaluate you and could terminate those benefits. If you haven't won benefits by that time, you will be left with ZERO monthly income (assuming you don't have any other sources of income) and either no insurance coverage or very high insurance premiums vs. Medicare. The other problem is that many people who are getting LTD have waited so long to win their SSDI that when the time comes to apply for it because the LTD has been terminated, they may not still be eligible for SSDI (which gives you Medicare and usually a higher monthly amount than SSI - many of you won't even qualify for that since you are married, BTW, or have assets exceeding the threshold). It is very important that you go through the process and WIN. Keep that in mind before accepting some random non-attorney advocate that they assign to represent you in court. These are YOUR benefits and if YOU lose your case, YOU lose, not the LTD company (well, they kind of lose, too, because they have to pay you more than they'd like).

Yes, AK Angel, I would hire a lawyer to help me make sure I keep getting that LTD that I paid for before I got sick. As I mentioned above, I think there is far too much on the line to take a gamble and not get an expert to help you (generally, as you see with Donna's case, there are always exceptions, of course). Good luck!

Sorry to hijack your thread Foxxy. If anyone has ?s, can you shoot me a message and I'll try to respond. I may not come back to this thread, but don't think I'm ignoring you!

(I am happy to answer any questions I can, but none of the information I provide will constitute legal advice or an attorney/client relationship. And so I'm clear, I have no interest in representing any of you, but would be happy to be a resource of info.)

Thanks Andrea for all the help, I am thinking of letting my pcp handle things and dropping the rhuemy dr. I am on my domestic partners health insurance (BCBS) so I don't really need medical right now. It is illegal for us to be married so I don't think she gets counted in any way as far as income goes.

My name was mentioned in a couple threads as an exception to the statements you were making, what do you mean by that?

I did mention to the advocator that I'd only seen the rheumy dr once but I did not say anything to him about his statements concerning SSDI nor did I mention the vocational rehab track I am on. My voc rehab counselor told me that it's a bad idea to wait to file when the LTD runs out because it can be viewed as a gap in employment and can work against you in what amount you are rewarded. I had 5.5 yrs with my old employer and almost 2 years on STD/LTD.

donna

Foxxy, what city are you closest to up there? I'm not sure if the one I'm thinking of will drive state-wide. Thanks.

I'm in the Canton/Massillon area. Only 20 to 30 minutes away from Akron.

Hopefully Foxxy sees this - sorry I didn't get back to you sooner but I've been busy and not feeling well so I haven't logged on in the last week or so. Please go to the NOSSCR website and contact them for a referral for that area of OH. Most of us who do this type of work are members and they can point you in the direction of someone up there who knows what they are doing. addgirl, I think they are mainly handled out of Virginia now, at least that's where the National Hearings Office is. I haven't been keeping stats on it, and I don't want to give the wrong info, but these are not "slam dunk cases" typically. You need to have all of your ducks in a row, and you need to be reporting ALL OF YOUR SYMPTOMS whenever you go to your doctors. Please make sure your doctors are taking good notes - your case depends on it and cases like this are often lost because of poor documentation.