Any advice on filing for Social Security Disability?

By Pam1010 Friday, October 30, 2009

Hi.  I was wondering if anyone has any insight into filing for Soc. Sec. Disability.

 

When I saw my neurologist this past Wednes. he advised me to file for disability ASAP.  He said he normally didn't do this but he gave me the name of a law firm from which he receives paperwork often and suggested I contact them if I feel like I need help filing. 

 

My question is this: Do I really need an attorney to file?  I ask because, while the guidance would helpful, I really am not in a position to pay what I imagine would be some pretty steep fees.

 

Here are the facts for which there is medical documentation:

 

July 2008: Left the ER (AMA, because I had no medical insurance at the time and had no chice but to return to work the following day) with diagnosis of "Neurologial Incident" which resulted in right side weakness, gait and balance issues, and diminished fine motor skills in my right hand 

 

January 2009: Admitted thru ER with diagnosis of probable stroke which resulted in a worsening of the above mentioned symptoms which had not resolved since the previous neurological incident. ( Again, left hospital the following day for the very same reasons, i.e. no insurance and needed to return to work.)

 

June 8, 2009: Taken from work by EMS and admitted thru ER with diagnosis of probable stroke.  In addition to all of the above symtoms I had speech and cognitive difficulties with this latest incident.  Diagnostic tests, including bloodwork, an MRI of my brain, and Ultrasound of my carotid arteries resulted in a Carotid Endartectomy on June 12 and a visit from a neurologist who advised me that he felt the multiple lesions on by brain were indicative of MS and that he wanted to see me in his office after the carotid surgery so that he could do a complete work-up including a lumbar puncture.  I was discharged from the hospital the day after surgery (6/13).  I did not return to see the neurologist because my long awaited health insurance would not kick in until July 1st.

 

July 2009: I now had insurance thru Kaiser Permanente and immediately made an appt. with a PCP who performed a multitude of tests and also referred me to Neurology for additional tests.

 

August 2009: Neurologist sent me for another MRI as original hospital did not respond to requests to forward medical records.  MRI revealed 25+ lesions on my brain and I was scheduled for a lumbar puncture on September 25.

 

October 9, 2009: Had another neurological incident (which apparently was an MS flare-up) in the AM while at work.  Walking, speech and cognitive issues made it necessary to leave work early, hours before my scheduled follow-up appt. with the neurologist. 

 

At Oct. 9 office visit I was given a definite diagnosis of MS and started on a Prednisone Taper and daily injections of Copaxone.

10/30/09 8:16am

Pam, it is just a hurry up and wait thingie.  Besure that your doctors are behind you 100% as to them getting all of their paper work in.  You will more thank likely have to attain a lawyer.  I was told that the judges only look at disability cases every 495 days.  I do not know where they got that figure from but that is what I was told.  In the lawyer that I had, I have another one now, she retired and went back to Germany where she was originally from.  But she had told me that during the Nixon administration, SSI was told to turn down a certain amount of claims, and make them wait.  Now how true that this is I do not know, but that is what I was told, so she told be to be prepared.  But just be sure that you have all of your ducks in a row.  I am sure that SSI is overwhelmed with cases, some are true enough disability cases, and I am sure that some are hoaxes.  She also told me that some people have even died before their disability came through.  This is the system we have to work with.  You just have to have your ducks in a row and the patience of Job.  My suggestion is if you have not yet started, you need to get moving.  Sorry I could not be more positive, but it is what it is.

 

sherry/smomdukesKiss

11/ 5/09 11:03am

Hi. :)

 

I'm gonna have this patience hat stitched to my head, Lord knows I need it! 

 

I've spent the biggest part of this week jumping thru hoops. Filling out forms and getting all of the documentation that I have in order.  Talk about exhausting! 

 

My poor daughter says she needs a raise --she's been my right-hand-man through all of this (literally, since mine don't work!)--  and, while she sure 'nuff deserves one, I hope she ain't expecting it from me... my money's way beyond funny at this point!

 

Hope all is going well for you. :)

 

--Pam

 

 

 

 

Lisa Emrich, Health Guide
10/30/09 9:40am

Hi Pam,

 

I'm going to try to give you links to several places to read different information:

 

Work and Disability: Don't Fall Through the Cracks

 

Beginner's Guide to RA: Social Security

 

***  Disability Secrets  Many, many questions are answered here.

 

Here is the blog of an MSer who has just recently filed for short-term disablity from her work and SSDI.  Scroll down to the bottom of the page and read up from there.  She talks about her experience and the process.  She did not use a lawyer and received notice that her claim was approved in only three weeks!!

11/ 5/09 11:12am

Hi Lisa.

 

Thank you for all of the links.  They've been very helpful.  As this is all new and extremely overwhelming to me, I appreciate being able to explore all of this information.

 

I think I have all of my ducks in a row at this point and now I'm just waiting for the phone call from SS on 11/9.

 

Here's hoping all of my ducks don't wander away during one of my many naps.  I don't have the energy, steadiness or presence of mind to hunt 'em all down!

 

Thanks again.  Take care and be well.

 

--Pam

10/30/09 10:18am

Hi there, Just want you to know we are with you in every way. I also would like to encourage you to  take a look at using an attorney.  It takes a big load off of you, which, with our problem, is what we need. I went through the search for attorneys, and found that, of all things, the people at Binder & Binder were very sympathetic and as helpful as they could be. The other great thing is, I did not have to pay anything until the case was closed.  As you know, the lawyer will probably ask for about 33 1/3% when the case finalizes. I also know that one can do this without assistance, but sometimes when you have someone that knows the system, they could be invaluable, plus take the brunt of filing the correct paperwork.  I wanted things done correctly THE FIRST TIME, so I asked for help. Unfortunately, I could not qualify, but with your history, you need not worry. As long as you have all your documentation, plus your doctor's blessing, you will have no problem, even if you do want to do this yourself.

I wish you the best with either decision you make. The best thng you can do is definitely file for SSDI.

11/ 5/09 11:27am

Hi bhoppy,

 

I went online, after reading your comment, and contacted Binder & Binder.  A gentleman from there then called me and obtained some more information.  He than called back the next day and said they would be happy to take my case.  As I'd already initiated the process and was scheduled for a phone appt. he said it would be fine to complete thse steps on my own and if I'm denied they can pick it up at that point.  A social worker at the MS Society confirmed that that would probably be a good idea as an attorney really wouldn't do anything I'm not doing insofar as just applying.

 

The nice thing is that this gentleman explained to me that I would also qualify for Disabled Widow Benefits and urged me to have the rep at SS initiate that process also.  That's something I never would have known, so that was very helpful.

 

Your advice was very helpful.  Thank you so much. :)

 

Take care and be well.

 

--Pam

11/ 1/09 7:56pm

this could be overwhelming but i can tell you what i did. i called the local ss office. they sent me the papers to fill out-- all the medical history--dates-drs--diagnosis---ss sent me to a dr--and i was denied--so i had to fill out the papers all over again---so keep copies--more drs--another denial--same papers to fill out again---court date--then i got a lawyer.-he still got his percentage. if you get a lawyer now or later-please keep copies of all the paperwork yourself-things do get lost and you need them just so you can keep up-lawyers have many cases but yours is the only one you have to worry about. whichever way you decide to go-put your patience hat on-it's gonna be a long wait could be a couple years--good luck-djax59

11/ 5/09 11:39am

Hi djax59 :)

 

I actually wouldn't mind so much if they sent me to a doctor at their expense.  My insurance ended on 10/31/9 and I'd really like to talk to doctor again about some of the new and lingering issues I'm having.  Although, I imagine it would be more of a medical evaluation and less of an advice/treatment type visit.

 

I am also taking care to document everything and creating a paperwork file of everything related.  Mostly because I can't remember things that happen or things that I do!

 

Thanks so much for your input.

 

Take care and be well.

 

--Pam

11/ 6/09 2:02am

pam, i filed in '92 and they did pay for the drs they sent me to. i've just read through the comments--i wish i had had all this good advice when i was filing.

Anonymous
Monica
4/ 5/10 8:05pm

Doctor visits scheduled by SSA are just information-gathering visits.  You can't use it to obtain medical advice.  Expect it to last less than 10 minutes and be prepared to wait for an extended period of time in the waiting room.

11/ 5/09 9:12am

Hi Pam,

Here are things to remember when writing your application for SSDI:

 

1. Be specific when describing how your illness impacts your daily activities. For example, if you have trouble getting dressed, explain how, such as it's difficult for you to fasten buttons or pull on your shoes. If fatigue is a problem, explain how: Does taking a shower fatigue you - I have to lie down after a shower - if so, mention that.

 

Be as detailed and thorough as possible because that gives the SSD folks a better picture of your disability. And don't forget to mention any cognitive problems, such as memory, concentration, brain fog, etc.

 

2. Base your answers on your worst days. MSers typically have good days and not-so-good days, but you need to describe your worst days. MS is so unpredictable, but most of us have more worse days than good, and that's a big factor in our daily activities and ability to work. I've often said that because of the unpredictability of my illness, I wouldn't want me for an employee - you'd never know if I'd be able to come to work the next day or not.

 

My impression is that most people don't provide enough details on how their illness impacts them on a daily basis. And that's what Social Security needs to know, along with the diagnosis, to determine whether you are unable to work at a job suitable to your skills and knowledge.

 

I did not use an attorney and was approved the first time. Given what you've described here, I would think you have a good chance of being approved, too.

11/ 5/09 10:49am

Thank you so much for your advice. 

 

My daughter helped me complete the online disability report so I could be sure it was complete and she also helped me put all of the items they wanted together and mail them.  This weekend she's going to sit down and write out all of the symptoms and problems that I have.  I'll also have her write down how each of them affects what I do every day. 

 

That's a good idea because I tend to leave things out, mostly because my mind just ain't what it used to be (let's blame that on this crummy disease and not my age, k?.) 

 

Even when I'm thinking of something specific that particular train of thought has a tendency to leave the station long before I have all of my baggage (and I DO mean baggage) on board, let alone me!

 

Thanks again for your input.

 

Take care and be well.

 

--Pam

Anonymous
Robin C
11/ 5/09 7:46pm

You're welcome.

 

Having your daughter help is a great idea, too. Someone who knows us often notes things that we might overlook. That's why my husband goes with me to doctor appointments to make sure I don't skip over or minimize difficulties I'm having. You deal with things long enough and they may start to seem like "normal" - even though they're clearly not to someone else.

 

Good luck - it certainly sounds like you're on the right track. 

 

And I so understand about memory problems. I tell my husband that he has a distinct advantage in our marriage because I often can't recall what I said 15 minutes later, let alone the next day! LOL

 

 

Amy Gurowitz, Health Guide
11/24/09 11:17am

It seems like you have gotten excellent and indepth advice here. Just thought I'd throw in my experience to add to the mix. I applied for SSDI completely on line. The application was user friendly in that you could stop and start as your schedule allows. It's comprehensive but the flexibility of stopping when you need to allows time to rest and research the info you need, made it ideal for me. I believe that the neurologist referral can make all the difference in the world. I was approved in 2 months.

 

This may be a moot point, as it sounds like you have progressed beyond the application. But if you have any further questions, I'm fully available to tell you more.

All the best to you,

Amy

11/24/09 7:09pm

It is in the details....At least for me, that is what worked. The entire process was exhausting-but I was approved in only 3 months (a near miracle)

For every essay I was exhaustive in listing specific physical changes, and how it affected my ability to work. I.E. loss of bladder control combined with overall hand weakness made the physical steps of dressing, cleaning, and managing impossible at work. Rather than just say, became too tired I detailed the progression of sick time used, naps at work, giving up extra curricular and life management (i.e. grocery shopping) until the only thing I could do was work. And, I detailed how the fatigue impacted my ability to function at work. Then cognition, Then breathing difficulties, and on and on. I also made sure that every doctor and physical therapist and any other 'ist' wrote supporting documentation that matched what I was asserting. For example: my pulmonologist had expressed concern about my vocal chord paralysis and low oxygen levels and its impact on my ability to work. So, I wrote a request with a list of the specifics I wanted each medical provider to emphasize. Several of them expressed appreciation of this and said it made it easier to fill out their own paperwork. I also provided each of them with a SASE postcard to send me once they were done. 

I wrote all of my answers in Word so I could check word counts and have friends edit. That way when it came time to fill in the online form I could 'just' cut and paste.

The entire process is ridiculously complex and I found that over preparing, being detailed, supporting my assertions with medical proof, and then monitoring that all of my providers responded in a timely manner, made the difference.

One last thing...I recently was helping a woman I know. She had been rejected a couple of times. Her essays read like something you would tell your therapist. I went with'just the facts' and had success.

Feel free to contact me if I can answer any questions.  Janine

Anonymous
dseelig
12/17/09 11:39am

I filed for it myself and received it.  I didn't have anywhere near the documentation that you have.  My neurologist had to sign the form. It was no big deal and I didn't use an attorney.

Anonymous
Anonymous
1/11/10 5:01pm

Hello Pam,

I too have MS since 2001 and when I read your story, I had to respond back with my similiar information. I do not believe that you need a lawyer. They will only piggy back on your already documented info. You have all the proof that you need from medical records for filing for SS disability. I too have been working full time since I was 16 yrs old and staying with employers for much more then 5 years at a time. If your employment has been steady and not jumping from job to job, you have a good chance at approval because you earned it. I filed in May 09 and received my 1st payment within 6 months. Patience is important and stay on top of everything.

Anonymous
tom
1/14/10 3:46pm

if the doc says do it then do it.  I was so apprehensive;did it any way.  I went to the SS office filed the paperwork.  Went in for the initial interview.  They told me no to expect to hear a word for 90-120 days.  Well it was post 90 days and the first check came.  I was surprised.  If you recieve the annual statement that each will recieve from SS then you have a pretty good idea what the SSDI monthly payment will be.  Checks are always on time

 

tom

Ask a Question

Get answers from our experts and community members.

Btn_ask_question_med
View all questions (1955) >
By Pam1010— Last Modified: 10/26/11, First Published: 10/30/09