Filing for disability

[huckster]

have been unable to work off a year and a half after 22 yrs i had to quit 3 back surguires and a spinal cord stimulator implant stil pain and unable to do much of anything
so i started the paper work against my hope of getting better , but nerosurgeon says i come as far as i can and will get worse as time goes on.it is hard giving up
so has anyone applied , i am so sure i will not get approved, i see so ,many people deined.
what actulally happens one you fill out papers and how much info do they need?
thank you

 

[Eeyore'sthebest]

have been unable to work off a year and a half after 22 yrs i had to quit 3 back surguires and a spinal cord stimulator implant stil pain and unable to do much of anything
so i started the paper work against my hope of getting better , but nerosurgeon says i come as far as i can and will get worse as time goes on.it is hard giving up
so has anyone applied , i am so sure i will not get approved, i see so ,many people deined.
what actulally happens one you fill out papers and how much info do they need?
thank you

OP, we filed for DH back in 1997 so my information may be somewhat outdated. First, there is extensive paperwork. They will want all your medical records sent to them. They will ask questions on how the disability effects your daily life. Can you do housework, can you bathe yourself, can you dress yourself...the list went on and on. Answer as honestly as you can.

They may also send you to one of their doctors. DH went to a SS doctor as his medical records weren't as current as they wanted.
He was approved after the initial review. They then waited 5 months from the time he submitted or was approved (can't remember), until he received his first payment. He also had a friend that had juvenile diabetes and worked until the side effects just got too bad. He was also approved after the initial review.

I think the problem with disability is that so many people see it as free, easy money. DH had one friend apply because he never learned how to read because he was dyslexic. Yep, they got denied time and time again!! They hired lawyers that got them no where. They were angry when DH got approved first time. Needless to say, we're no longer friends.
If you are truly disabled and unable to work, apply. They are truly attempting to weed out the people that are just looking for a handout and not the ones that are truly disabled. Good luck with it.

 

[MsDisney23]

God Bless you first of all. I had one heck of a hard time and it took several years. SS lost all of my records, which delayed everything... Like you said I was denied denied denied. It wasn't until I was on my death bed in need of a rare life saving transplant that I was approved.

This should had never been, the problem with SS is that there are many people on it who should not be and also abuse the system. I actually know of a person collecting and working a full time job under the table,,, makes me sick!

 

[golfgal]

Are you filing through your group disability plan or for social security disability? If you are filing through a group plan, check with the HR department. If you are filing with Social Security--expect you WILL get rejected the first time, pretty much everyone does. Sometimes it is just easier to get an attorney if you are going the SS route.

 

[BellePrincessBelle]

OP, we filed for DH back in 1997 so my information may be somewhat outdated. First, there is extensive paperwork. They will want all your medical records sent to them. They will ask questions on how the disability effects your daily life. Can you do housework, can you bathe yourself, can you dress yourself...the list went on and on. Answer as honestly as you can.

They may also send you to one of their doctors. DH went to a SS doctor as his medical records weren't as current as they wanted.
He was approved after the initial review. They then waited 5 months from the time he submitted or was approved (can't remember), until he received his first payment. He also had a friend that had juvenile diabetes and worked until the side effects just got too bad. He was also approved after the initial review.

I think the problem with disability is that so many people see it as free, easy money. DH had one friend apply because he never learned how to read because he was dyslexic. Yep, they got denied time and time again!! They hired lawyers that got them no where. They were angry when DH got approved first time. Needless to say, we're no longer friends.
If you are truly disabled and unable to work, apply. They are truly attempting to weed out the people that are just looking for a handout and not the ones that are truly disabled. Good luck with it.

Your Dh is a rare exception it's something like an 80+% initial denial rate even with people who are truly disabled.
Op the initial approval/denial can take 6 months. Then it can take another 3 years of appeals. Get a GOOD attorney right away. Do not try to file on your own.

 

[legalsea]

Are you filing for Federal disability under Title II of the Social Security Act? With the work history you alluded to, I imagine so.

Essentially, upon filing, you will give the name of your treating doctors. The DDS (the state-level agency responsible for taking applications and making initial/reconsideration determinations) will then write to said doctors asking for the relevant files (dating from your alleged onset date of disability).

About two months after you file (times vary from region to region; I have no idea about Michigan, which I guess is where you are from) you will receive the Initial Determination: usually a denial, mainly because most of the medical records have not been received. Anyway, you have 60 days to file for Reconsideration (Ah! But some regions have done away with this step! But not mine). After another sixty days you will receive the Reconsideration Determination. If it also finds you not disabled, you then have 60 days to file a Request for Hearing before an Administrative Law Judge.

When you file the Request for Hearing you have entered the Federal agency system (the Office of Adjudication and Review, or ODAR). Nationwide, ALJ's pay around 60-65 percent of the cases they hear.

Regions vary on how long it takes for your case to be set for hearing. Right now the standard we are aiming for is 180 days. Years ago (I have been with the ODAR, formerly OHA, since 1988) it could well take two years to get to hearing, but the time has vastly improved.

The hearings are very informal, although you will be sworn in to tell the truth, etc. After the hearing you will probably get your decision in 60-90 days (regions vary; right now, I am working on decisions from December 2009 hearings).

Should you have a representative and when should you hire one? I suggest waiting until you have to file the Request for Hearing (it does no good to hire a rep prior to the determinations).

Most representatives will take your case on a contingency basis: if you receive a favorable decision (finding you disabled) then your representative will receive 25 percent or $10,000.00, whichever is LESS, if you back-due benefits (for years the upper limit was $4,000, then upped to $6,000, and just in the past week, to $10,000, which I was surprised at). Anyway, the basic 'fee agreement' should be no more than one page in length. You pay nothing if you lose.

I have mixed feelings about the necessity of having a representative. Many simply write to your doctors and get the exact same medical records that have already been put into your file, then go to your hearing and essentially sit there while the judge asks all the questions. But, then again, I have seen some good ones whom write excellent briefs explaining why you are disabled, and ask pertinent questions at the hearing (and go over your testimony prior to the hearing). I have seen some claimant's (the term used for those seeking disability) go into hearing without any representative and win; but, then again, I have seen some claimants go into hearing and utterly blow their case at the git go.

Most importantly: get your doctors, chiropractors, etc., to submit statements stating why they feel you are disabled.

Last point: the older you are, the better your chance of obtaining disability (age 50 and up). The type of work you used to do (in the past fifteen years) is also a factor: can you return to your past work despite your back problems? Your education level can be a factor.

Good luck.

 

[PrincessSuzanne]

If it is SS disability this is what I do for a living, PM me and I will answer any questions you have, it is NOT as hard as you think and NOT everyone gets denied the first time, and you DON'T have to get an attorney to start with, we don't recommend you get one unless you have to file for a hearing (3rd step).

Suzanne

 

[chattyann]

I have had 4 back surgeries and I filed for disability in 2008. I have been denied twice and now am awaiting a hearing. My waiting for the hearing started in July of 2009 and they are telling me it will be about another 14 months before I get a hearing. It can be a long drawn out process.

 

[jt'smom]

If it is SS disability this is what I do for a living, PM me and I will answer any questions you have, it is NOT as hard as you think and NOT everyone gets denied the first time, and you DON'T have to get an attorney to start with, we don't recommend you get one unless you have to file for a hearing (3rd step).

Suzanne

i'm so glad to hear positive things about ss disability! i personally had a very easy experience applying, i'm considered terminal due to a brainstem tumor, and was approved in under 6 weeks. i'm not sure about age or education being a factor, i was in mid 30's with a bachelors degree, and had been in my field since college. i think the biggest factor is that you have to be unable to "perform any kind of meaningful work", not just what you have always done for a living. even if that means your earning potential goes from 100K a year to $5 an hour. also you get reviewed based on a time schedule, yearly if there is expected improvement, every 3 years if it's an unknown thing, and 7 years, if no improvement is possible. i was reviewed after 3 years, and it was re-approved with no problem. i'm sort of a weird situation because most people with my tumor don't live more than a couple of years, and i have numerous physical/cognitive disabilities and live in a near constant state of vertigo. i'd give ANYTHING if i could work again, if only because i get so bored and feel isolated

i don't think getting an attorney right off the bat is the best thing, but thats just my opinion. just be as honest as possible and supply as much documentation (i.e. surgical notes, physical therapy reports, hospital reports--basically every word that has ever been recorded on your medical records. i even sent all of my mri films, and was going to send the pathology specimen of my tumor, but i got approved before i could!)

 

[brittsmum1998]

My darling brother had HIV/AIDS back in the late 80's from bad transfussions (he passed Xmas Eve 1990) and he was denied the first time. He re-applied and was accepted the 2nd time.

I do remember alot of paperwork, it takes a LONG time. I do believe they will pro-rate the $ amount if and when you are approved.

 

[TeresaNJ]

I was approved the first time I applied. Granted, I had to fill out tons of paperwork, had to make sure all my physicians sent back the required paperwork, had to answer the same questions over and over, had to go see one of their doctors, etc., but I applied myself, without the use of an attorney. If you truly have a disability that prevents you from working, you should be approved. I was out of work for three months when I applied, and was approved six months after applying. I also had a history of several years of being treated for this disability without improvement, and had seen many different types of specialists.

 

[mrsv98]

I think it really depends on your state. It took my DMom about 32 months but she did then get a check dating back to the original filing date. In Ill, you almost always get denied first so you might as well get a lawyer from the get go. Good luck...

 

[legalsea]

i'm so glad to hear positive things about ss disability! i personally had a very easy experience applying, i'm considered terminal due to a brainstem tumor, and was approved in under 6 weeks. i'm not sure about age or education being a factor, i was in mid 30's with a bachelors degree, and had been in my field since college. i think the biggest factor is that you have to be unable to "perform any kind of meaningful work", not just what you have always done for a living. even if that means your earning potential goes from 100K a year to $5 an hour. also you get reviewed based on a time schedule, yearly if there is expected improvement, every 3 years if it's an unknown thing, and 7 years, if no improvement is possible. i was reviewed after 3 years, and it was re-approved with no problem. i'm sort of a weird situation because most people with my tumor don't live more than a couple of years, and i have numerous physical/cognitive disabilities and live in a near constant state of vertigo. i'd give ANYTHING if i could work again, if only because i get so bored and feel isolated

i don't think getting an attorney right off the bat is the best thing, but thats just my opinion. just be as honest as possible and supply as much documentation (i.e. surgical notes, physical therapy reports, hospital reports--basically every word that has ever been recorded on your medical records. i even sent all of my mri films, and was going to send the pathology specimen of my tumor, but i got approved before i could!)

I will point out that there is a five-step evaluation process in determining disability:

1. Are you engaged in substantial gainful activity? (i.e., you are working at a level that creates a presumption of SGA);
2. If NO, do you have a 'severe' impairment? If YES (and it is almost always 'yes') then
3. Do you have an impairment that Meets or Equals in severity one of those impairments found in the Listing of Impairments? This is a medical decision: if you have certain impairments (like brain stem cancer) that meets certain medical criteria) then you will be found disabled. If NO, then
4. Can you perform your past relevant work (work you did in the past fifteen years). If YES, you are not disabled; if NO, then
5. Are there other jobs in the national economy that you can perform in view of your age, education and past work experience? If NO, you are disabled, if YES then not disabled.

 

[creativeamanda]

My MIL, who was an Alzheimer's patient early into her diagnosis filed for disability. She was denied several times. The last time she went in for a hearing, her mind was pretty far gone, but the attorney wanted her to be seen like that. The judge asked her if she thought she would be able to work. She replied, "Yes, sir, I can. I'll go to work tomorrow."

The judge gave her full disability.

 

[N.Bailey]

Get an attorney. I don't know much about disability, but I know many people have been turned down until they went with representation. Going in with one is not a guarantee, but I think the odds shoot more in your favor by having one.

 

[Aristomommy]

A dear family friend was granted SSI disability last month. He has severe issues with his heart and will be on the heart transplant list soon. His cardiologist filled out the medical papers and he was approved in 3 months. He started with his company's short term medical policy, then long term and now he has been off work for a year. He called the social security/disability office which he says was the most helpful in navigating the process. He also says that his cardiologist was very knowledgeable in the process and well regarded in general, which made the process easier for him. HTH!

 

[Drew Sailbum]

Assume you will be rejected on your first application. Though some do get approved, some persons with obvious substantial disability are refused.

My brother was a truck driver. He had his leg amputated and was under active treatment for bone cancer. He was rejected because his condition was deemed "temporary". Did they think his leg would grow back?

He was on the operating table due to lung metastasis the day of his hearing. The judge was not amused that the government was still fighting the claim and let them know it. He was approved then, more than a year after initial application.

 

[huckster]

thanks everyone for your replies . Yes i amturley disabled but have a hard time accepting it. i can not work, cant sit or stand for anything lenght of time on meds for pain the dr want to change to methaode but i am reluctant as i hate being on meds as it is along with back problems and nerve damage i have sever asthma ,and heart problems i am lucky i am not as bad as some amny people and count my blessings for that, but as my Nero surgeon says its time, to accept the facts as they are , mabey some daythey will do a spinal replacement i , had polio when i was young , and they said i never would walk , i fooled them i was hoping for the same out come but it just doesnt seem to be coming, i feel kinda cheap asking for financial help , but Dr says sw allow my pride and move on i would hate to get a job even part time and call in all the time i was in management for 22 yrs , in retail , i just couldnt stand and walk andd sit for more than 1/2 hour with out pain and weakness.i loved my job . was very very hard to let go..
again thank you

 

[PrincessSuzanne]

Get an attorney. I don't know much about disability, but I know many people have been turned down until they went with representation. Going in with one is not a guarantee, but I think the odds shoot more in your favor by having one.

No, actually the odds aren't in favor just because you have an attorney. Many of our clients never even get an attorney and get approved. Usually the reason you aren't approved in the first 2 stages is because someone either isn't disabled or doesn't have the documentation submitted to prove the case. Many times it is having a great doctor that supports you and is willing to do whatever it takes to prove you are disabled.

In the work that i do, helping people apply for disability and helping them through the different stages at NO COST to them, when we do recommen an attorney, we usually get the process started because the attorney usually has the person do it for themselves even though they are going to get paid if the person is approved. We wait until all the necessary paperwork is filed and then we recommend an attorney only if the person needs to file for a hearing.

Suzanne

 

[N.Bailey]

No, actually the odds aren't in favor just because you have an attorney. Many of our clients never even get an attorney and get approved. Usually the reason you aren't approved in the first 2 stages is because someone either isn't disabled or doesn't have the documentation submitted to prove the case. Many times it is having a great doctor that supports you and is willing to do whatever it takes to prove you are disabled.

In the work that i do, helping people apply for disability and helping them through the different stages at NO COST to them, when we do recommen an attorney, we usually get the process started because the attorney usually has the person do it for themselves even though they are going to get paid if the person is approved. We wait until all the necessary paperwork is filed and then we recommend an attorney only if the person needs to file for a hearing.

Suzanne

Well, I am familiar with a few cases where they were rejected several times before an attorney entered the equation. Afterward, they were approved. If you hire an attorney who specializes in disability claims, they know the process like the back of their hand, whereas, going it alone most people are in the dark.

I fully believe one should seek an attorney and I will not back away from that position. Find an attorney who works on contingency fee basis. There will be no retainer fees like you'd see in many other types of cases. Like I said earlier, I am not super familiar with disability, but I believe there is a cap that an attorney is allowed to charge IF and only IF you receive benefits. Otherwise, they get nothing. I'm sure they'd know before accepting your case if you're likely to be approved, too. So they may be able to save you a lot of time if you simply wouldn't qualify. IMO, you really have little to lose by seeking one out and I'd be skeptical of anyone who tells you otherwise.

I just ran a quick google search and found this. There are 100s of other sites if someone doesn't like this one. Granted, it's a blog, but I chose it only because I like the way this nifty bit of info was relayed in such a simplistic manner.

A disability attorney will receive 25% of your back pay as a fee for representing your case. Currently, this amount has a maximum cap of $5,300; however, in June of 2009, this maximum cap fee will be raised to $6,000.
http://www.mysocialsecurityattorney-blog.com/tp-090309155804.shtml

So, what do you really have to lose?