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Going to file for SS disability, should I just go ahead and get an attorney?

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Posted 2/22/2011 7:17 PM (GMT 0)

rolleyes  Hello fellow fibromites!

 

I live in Texas and am presently on long term disability through my job. I am on leave of absence so they havent' officially let me go yet. I was told by the long term dis. folks that I have to file for ss dis. I've gone online and have printed some helpful information but it just seems so overwhelming. I've been told I have a pretty good chance and I realize if I do go through an attorney they will pocket about 25%.  Does anyone know of a program or any kind of advocate that helps in this sort of thing without a large fee?  Any information will be very much appreciated. 

 

Brief summary of my case: originally ill in 08/08 admitted through ER, thought I had  a stroke..went through multiple tests and of course nothing..started following with a rhuematologist who at first gave me dx polymyalgia rhuematica, went through more tests, biopsy on both sides of temples..severe low back pain, several esi injections, fatigue, in the meanttime pushing through at work..

 

Was beginning to feel some what normal again around 05/10 when I felt like the carpet was pulled out from under me. I became more and more fatiuged. Pushing yet again at work, when that Monday, I could not figure out how to perform my job!  Couldn't put any of it together and I have not been back since then.  Many more tests, many more meds..finally dx of fibromyalgia, rheumatiod arthritis, impinged cutaneous femoral nerve, depression, radiculiits lower back.

 

like I said, any help would be hugely appreciated,

 

Jerrie

Posted 2/22/2011 8:35 PM (GMT 0)
I cannot help you first hand because I am still working but I can tell you how it was with my sister.

She has (sorry fibro fog) fluid around her heart. she died twice while giving birth to her baby. the doctors said that she will never be able to work again. she is never to get pregnant again. she takes app. 30 pills a day and because she is on a lot of fluid pills is constantly in the pot.

she hired a lawyer, had the best doctors and complete cooperation of all her doctors and it still took her three years to get it. But, the lawyer only charged her a one time fee (after she won). Since it took her three years to be approved they had to pay her from her first application. It was a very substantial check and she still had a whole lot left even after he took his share. I believe their share is based on the amount won.

I know that it can take several refusals before you win - usually. But, you will get paid from the date you first apply and then you go to the monthly checks.

the courts tried to say that she was too smart to not be able to work, that there had to be something that she could do. But the doctors said that that was not the case, that she could die if she is not on constant rest. She gets out of breath very easily, is always very tired and of course she has the potty issue. so, how could she work?

from what I understand, if you have several medical issues, are over 55 and have already been turned down once, your chances are better.

hope this helps
Posted 2/22/2011 8:45 PM (GMT 0)
From what I have read on the forum of people who have applied for SSA, it seems that every state is different. In the state of FL it takes approximately 1 year but most of the time it is approved within 6 months. The attorney is only allowed to take 25% and no more than 25% regardless of the retroactive fees or duration of the disability to come through takes. The attorney will only get 25% and that is it. I believe it is the same everywhere else. I don't think the Soc Sec laws vary per state. It is a standard law everywhere but it may take longer to approve in some states than others. Most of the time you will get denied 1 and even 2 x's before it is approved, but the key is not to give up and continue to fight it. You will get it approved, but you need to be patient. In some cases when approvbed, they will reevaluate your case within a few years but as long as you continue seeing your docs you do not have to go through the same process. They just want to make sure you still follow up w/ your docs. It is always much easier if you have an attorney. Your doctors are a key role as well. Good Luck.
Simplistic007
Posted 2/22/2011 11:42 PM (GMT 0)
It is 25% or $6,000, whichever is the least amount. My lawyer also wanted a $200 retainer if he got my medical records (this was an appeal) or nothing if I took charge and got all my medical records.
Posted 2/23/2011 1:04 AM (GMT 0)
Where I live, in Arkansas, if you are disabled enough, you don't need a lawyer. I was approved in about 5 months. (I have pancreatitis and fibro.) I never once spoke with an attorney. I just kept every appointment, and filled out every bit of paperwork, and tried to wait patiently.

And also, IMHO, I really, really believe it also has a lot to do with the doctor they refer you to. He or she has a lot of say-so about whether SSI will find you truly disabled or not. I was very blessed to have been referred to a doc whose wife has fibro. When I went into his office (never having met the man in my life) he was very skeptical about me being disabled--I could hear it in the tone of his voice. (I am only 36 and appear to be healthy.) But I just sincerely told him everything I had been thru, and did my very best to make him understand what life was like for me, and by the time I left there, I could tell his attitude about me had changed and he understood what I go thru every day.

...just something to keep in mind..

Good luck!
Posted 2/23/2011 11:35 AM (GMT 0)
Hi,

I got an attorney for my government annuity and didn't get one for SSI. I won both cases but did take a long time. Over a year. Social security was faster than my work. I would have to say that most of it depends on your doctors statements.

Hope it helps.
Posted 2/23/2011 5:53 PM (GMT 0)
Here in North Dakota the lawyers wont even take your case unless you have been denied at least once. You might want to check out Allsup as they have alot of information on there about getting SSDI when you have fibro. I have no idea how much they charge to help you with this though. I went and read the information on there and applied by myself.
Good Luck and Gentle Hugs
Shirley
Posted 2/23/2011 11:39 PM (GMT 0)
Thanks everyone for all your information.

I'm going to check out a local church. I was told that they may have a service to help me apply. It is just so overwhelming to me. I am going to try to do this without an lawyer first. Please pray that I don't stress over it and that I don't procrastinate either...

Jerrie
Posted 2/24/2011 9:16 PM (GMT 0)
They did my first interview by phone. Just be prepared. They ask you EVERYTHING except when you went to the bathroom last...lol.

Don't be overwhelmed. They will take you through it step by step. Just make sure you have all the paperwork they need when they need it or else it will slow them down even more. Your case worker will give you their phone number. And don't be afraid to call and ask them questions. They are there to help you.

Hope all goes well for you. I'm also here if you need to ask something.

Natasha
Posted 2/25/2011 7:14 AM (GMT 0)
I never had a real live person caseworker that I worked with. I always got instructions through the mail (I applied online) and I'd fax them whatever they asked for.
Posted 2/25/2011 10:27 AM (GMT 0)
Fibro, I did all of mine on line the first time. A lawyer isn't necessary on the first go around but if you are denied it is a good idea to get one for your appeal and definately have one for an ALJ hearing.

You will need alot of information for filing but if you go to the SS website you can get a list of what you will need before filing. Be precise about your limitations, reactions to meds, pain levels. Have all of your doctors addresses & phone #'s ready. You will need all of your past employment history also along with job descriptions. I did have to go into the SS office to sign release papers so SS could send for information regarding my case. A SS rep did call me for a phone interview after filing.

It is a hard road though. I have been denied twice and am waiting for a hearing with an ALJ. It has been about 20 months since I first filed. I continue to see my rheumatologist & pm doctors to keep my records current. I have developed PMR since my last denial and hope that this will be enough for the judge to realize I just can't work anymore.

I would suggest a book for you to get. It is Nolo's Guide to Social Security Disability. It will give you alot of information. No I am not selling this book just wanted to let you know that it helped me alot.

So did you have PMR or did they rule it out. I've had it for 10 months now and am down to 8mg prednisone.

Good Luck!!!
Posted 2/25/2011 2:28 PM (GMT 0)
Good luck w/ your soc sec claim. Keep at it and I am sure you will get approved at some point. What is PMR?
Simplistic007
Posted 2/26/2011 12:44 AM (GMT 0)

Polymyalgia Rheumatica is an auto-immune disease which normally only affects people over 50yrs and the majority are women.  It causes severe hip/lower back & shoulder/neck pain also upper thigh and arm involvement.  Other symptoms are flu-like aches or just not feeling well, unintended weight lose, anemia, low grade fever.  The pain is in the muscles and there is no cure.  Supposedly it will run itself out in 2-5 yrs but some will have it indefinately or it may disappear only to return later.  The only known thing to help with the pain is steroids with the usual starting dose of 15-20mg daily then tapering gradually to lower the dose but at the same time keeping the pain somewhat in check.   

Many PMR patients will show a high sed rate or other inflammation factors in their blood tests.  20% of PMR patients, like myself, will have normal blood figures.  Also, their is another related auto-immune disease like Crazy Cat is going through now called Giant Cell Arteris.  15% of people with PMR will develop GCA while I think 50% of people with GCA will develop PMR.  With GCA the symptoms are headaches, jaw pain while chewing, and vision problems.  GCA if left untreated can lead to permanent blindness.  With GCA a dosage of 40-60mg of prednisone is the normal starting point.

Hope this helps with your question Simplistic. 

Sorry to stray from your post Jerri.   I hope your SSDI filing goes well and you can get it on the first try.  I expect to finally have an answer sometime this summer and will be glad when it is over.  It has left a hugh financial burden on us with me unable to work and we are not eligible for SSI. 

Posted 2/26/2011 1:11 AM (GMT 0)
No apologies needed and straying..

Yes she dx me PMR when I first started seeing her..my most severe pain has always been in my hips, shoulders and lower back. I was also having severe headaches, hince the biopsies for giant cell arteritis.

they had to do 2 biopisies becasue the first side was to compressed..They seem hard to convince of the PMR or giant cell becasue of my age..But I continue to have all the symptomes.

can't stay on long..went to jcpenny's looking for jewlery..my daughter is getting married..I must have thougth I was normal..long story short .My mind is mush, I feel...I feel like I've been hit by a truck.

guess, I'm not normal...

have a great weekend..thanks for all you advice..I'll start again Monday.

Jerrie
Posted 2/27/2011 3:03 AM (GMT 0)
I recomend you ge a lawyer, I used Binder & Binder after being denied the first time, and I won my case, but I was only awarded dissability for 5 years. I am a little worried what is going to happen after the 5 years are up?? I will be 59, still have severe fibro, severe lower back pain, bi-polar disorder, severe sleep apnea, carpel tunel,insomnia. I also recomend that you keep ALL your medical records.

Rich
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