When I first decided that I was going to file for disability, I gave it a lot of thought. A bunch of random thoughts ran through my head. "what would other people think of me" was #1. Yes, I am always concerned about what others think. People can say they don't care what others think, but most of us do.
I didn't want people to think I'm one of those money hungry seeking individuals looking for a hand-out. I'm not. But since I couldn't work, I wanted to be able to contribute to "our" household income and this was the only way I could.
Due to my (listed in worse condition order) lupus, migraines, RA, neuropathy, AS, and colitis, I had all of my doctors backing me up to file for disability.
The first time I filed, I filed online and thought it was going to be an easy process. Most of the people I spoke to made it seem like an easy process. Let me the first to tell you, IT'S NOT and easy process! To fill out your initial information online is easy. But, once you receive your packet, from SSA, that's extensive and time consuming. You MUST be thorough too.
A lot of people would tell me, "oh, I got approved the first time". That doesn't mean YOU will!
Needless to say, not only was I denied the first time, but the second time as well.
I hired an attorney for my appeal. The good thing about hiring an attorney is the attorney will NOT take your case if she/he doesn't believe you have a case. If the attorney takes your case, the most an attorney will receive, of your back pay, is $6,000 or 25%.
Its equally important to have this (in previous blog) tracker when applying for disability. Whether you have an attorney or you'll be facing the judicial judge, vocational expert and expert doctor alone, you want to make sure you have everything prepared and be on top of your "game".
Always make COPIES of everything you send into the SSA! Also put dates on everything you have sent to them! If you have been denied and you're appealing, do NOT wait until the last minute to file your appeal; deadline is 60 days. If it does come down to the wire, drive there and turn it in by hand.
If you're at an appeal process, DO NOT forget to add in the additional
doctors, tests, hospital visits, etc...that you've been to since your
last visit.
Here are some tips:
People who qualify for Social Security disability benefits are persons who are unable to exercise substantial and gainful activity due to an impairment that is expected to last, or already has lasted for a least one year.
Notice in this definition that the disability doesn't have to be physical in nature. It only refers to any disability acquired, which results in a person not being able to work. So this would include psychological or mental disabilities as well.
Historically, over half of the claims filed with the social security administration for disability are denied during the first two stages of the process. This means it is likely that you will have to argue your claim in front of an administrative law judge in order to be awarded your disability.
Because there is a backlog of claims already in the Social Security administration's files, and the fact that most claims are denied, it takes some information and strategy to be effective when filing for disability.
First, try to earn the support of your doctor. If you have medical statements that explained how your disability stops you from working, in detail, these will only strengthen your claim when filing for disability. Also, your records should be resent, and updated regularly to reflect your disability.
Medical evidence. As is the case with most legal claims, what counts in disability evaluations is what you can prove. If no medical records exist to support your claim of disability, you are unlikely to be successful. SSA figures that if your medical condition is severe enough to keep you from working, then it should justify doctor visits, tests, diagnosis, and treatment.
Failure to follow treatment. SSA expects you to try to get better. That means doing what your doctor prescribes. If you do not believe that your doctor’s recommended treatment will help, then be sure your doctor documents the treatment’s odds of success or failure.
Keep good records. Conversely, if you do follow your doctor’s prescribed treatment, document your efforts. Without records, you are unlikely to remember the date of every doctor visit, lab test, medicine taken, and therapy received. Obtain the business cards of every doctor you see and file them. Save your pill bottles. Keep notes of your pain and other medical events.
Evidence From You
Symptoms vs. diagnosis. SSA does not expect you to be an expert on medical conditions. Even if you are, SSA would rather learn about your impairment from your doctor and your medical records. What SSA wants to receive from you are details about your symptoms. For example, how severe is your pain? Is it constant or intermittent? What aggravates your pain? What reduces it? Do you suffer from shortness of breath or fatigue? No one knows your symptoms better than you. Do your best to explain them in detail without exaggerating or minimizing. Do not omit or gloss over any lesser conditions just because you have one severe condition and several minor ones.
Physical restrictions. What can’t you do? Sit for lengthy periods? Stand and walk? Lift and carry? Bend, twist, kneel, and stoop? Manipulate objects with your hands? Social Security disability is a functional program. SSA will focus on your limitations rather than your diagnosis.
Effect of symptoms and restrictions. How does your medical condition affect your daily activities? Tell SSA about the impact on your personal care (hygiene, dressing, bathing), errands and housework (driving, shopping, cleaning), and social functioning (hobbies, sports, interaction with friends and family).
Consistency, accuracy, and honesty. Contradictions, errors, memory lapses, and discrepancies all work to erode your credibility, and nothing will sink your claim faster than questions about your truthfulness.
*When I had my judicial hearing, I didn't go into the court room wearing fancy clothes, my nails done, hair all made up, etc...I felt like crap. That's my life. If you go into a hearing or SSA looking like you walked out of a "Glamour" magazine, the judge, medical expert and vocational expert will more than likely deny your case. If you have time and feel well enough to look your best, then you can feel well enough to get a job.
I also had my husband with me to explain how much he helps out. He work a 40+ hour week job. He then comes home to help out with the children; which is another full-time job. He also will do the grocery shopping when I have bad days.
I can't tell you how many school days my then 4 year old missed due to my migraines and lupus flares. Pretty bad, but that's how it is.
Even though I have all of these autoimmune disorders, I won disability on the fact I have all of these migraines. Weird; right? Migraines are a criteria of the SSA disability act. The vocational expert testified that NO employer would hire me based on the fact that I have 2 migraines monthly let alone 22!
A side note: if you've fired the same specialty doctor please make sure you read the records or know what's in the records. I had one doctor tell me (which is why she's fired) that I didn't have lupus even though 3 separate tests indicated I do in fact have lupus. Needless to say and for whatever reason, the medical expert went off this specific doctors notes stating I didn't have lupus and said he wasn't sure.
Now, you might be asking yourself, if I'm that ill, how do I have time to write a blog? Well, do you see the time frame between blogs? It's been nearly a month since my last entry. I'm having a good day today. Not all days are bad and that's a good thing!
http://www.ssa.gov/disability/
I didn't want people to think I'm one of those money hungry seeking individuals looking for a hand-out. I'm not. But since I couldn't work, I wanted to be able to contribute to "our" household income and this was the only way I could.
Due to my (listed in worse condition order) lupus, migraines, RA, neuropathy, AS, and colitis, I had all of my doctors backing me up to file for disability.
The first time I filed, I filed online and thought it was going to be an easy process. Most of the people I spoke to made it seem like an easy process. Let me the first to tell you, IT'S NOT and easy process! To fill out your initial information online is easy. But, once you receive your packet, from SSA, that's extensive and time consuming. You MUST be thorough too.
A lot of people would tell me, "oh, I got approved the first time". That doesn't mean YOU will!
Needless to say, not only was I denied the first time, but the second time as well.
I hired an attorney for my appeal. The good thing about hiring an attorney is the attorney will NOT take your case if she/he doesn't believe you have a case. If the attorney takes your case, the most an attorney will receive, of your back pay, is $6,000 or 25%.
Its equally important to have this (in previous blog) tracker when applying for disability. Whether you have an attorney or you'll be facing the judicial judge, vocational expert and expert doctor alone, you want to make sure you have everything prepared and be on top of your "game".
Always make COPIES of everything you send into the SSA! Also put dates on everything you have sent to them! If you have been denied and you're appealing, do NOT wait until the last minute to file your appeal; deadline is 60 days. If it does come down to the wire, drive there and turn it in by hand.
Here are some tips:
People who qualify for Social Security disability benefits are persons who are unable to exercise substantial and gainful activity due to an impairment that is expected to last, or already has lasted for a least one year.
Notice in this definition that the disability doesn't have to be physical in nature. It only refers to any disability acquired, which results in a person not being able to work. So this would include psychological or mental disabilities as well.
Historically, over half of the claims filed with the social security administration for disability are denied during the first two stages of the process. This means it is likely that you will have to argue your claim in front of an administrative law judge in order to be awarded your disability.
Because there is a backlog of claims already in the Social Security administration's files, and the fact that most claims are denied, it takes some information and strategy to be effective when filing for disability.
First, try to earn the support of your doctor. If you have medical statements that explained how your disability stops you from working, in detail, these will only strengthen your claim when filing for disability. Also, your records should be resent, and updated regularly to reflect your disability.
Medical evidence. As is the case with most legal claims, what counts in disability evaluations is what you can prove. If no medical records exist to support your claim of disability, you are unlikely to be successful. SSA figures that if your medical condition is severe enough to keep you from working, then it should justify doctor visits, tests, diagnosis, and treatment.
Failure to follow treatment. SSA expects you to try to get better. That means doing what your doctor prescribes. If you do not believe that your doctor’s recommended treatment will help, then be sure your doctor documents the treatment’s odds of success or failure.
Keep good records. Conversely, if you do follow your doctor’s prescribed treatment, document your efforts. Without records, you are unlikely to remember the date of every doctor visit, lab test, medicine taken, and therapy received. Obtain the business cards of every doctor you see and file them. Save your pill bottles. Keep notes of your pain and other medical events.
Evidence From You
Symptoms vs. diagnosis. SSA does not expect you to be an expert on medical conditions. Even if you are, SSA would rather learn about your impairment from your doctor and your medical records. What SSA wants to receive from you are details about your symptoms. For example, how severe is your pain? Is it constant or intermittent? What aggravates your pain? What reduces it? Do you suffer from shortness of breath or fatigue? No one knows your symptoms better than you. Do your best to explain them in detail without exaggerating or minimizing. Do not omit or gloss over any lesser conditions just because you have one severe condition and several minor ones.
Physical restrictions. What can’t you do? Sit for lengthy periods? Stand and walk? Lift and carry? Bend, twist, kneel, and stoop? Manipulate objects with your hands? Social Security disability is a functional program. SSA will focus on your limitations rather than your diagnosis.
Effect of symptoms and restrictions. How does your medical condition affect your daily activities? Tell SSA about the impact on your personal care (hygiene, dressing, bathing), errands and housework (driving, shopping, cleaning), and social functioning (hobbies, sports, interaction with friends and family).
Consistency, accuracy, and honesty. Contradictions, errors, memory lapses, and discrepancies all work to erode your credibility, and nothing will sink your claim faster than questions about your truthfulness.
*When I had my judicial hearing, I didn't go into the court room wearing fancy clothes, my nails done, hair all made up, etc...I felt like crap. That's my life. If you go into a hearing or SSA looking like you walked out of a "Glamour" magazine, the judge, medical expert and vocational expert will more than likely deny your case. If you have time and feel well enough to look your best, then you can feel well enough to get a job.
I also had my husband with me to explain how much he helps out. He work a 40+ hour week job. He then comes home to help out with the children; which is another full-time job. He also will do the grocery shopping when I have bad days.
I can't tell you how many school days my then 4 year old missed due to my migraines and lupus flares. Pretty bad, but that's how it is.
Even though I have all of these autoimmune disorders, I won disability on the fact I have all of these migraines. Weird; right? Migraines are a criteria of the SSA disability act. The vocational expert testified that NO employer would hire me based on the fact that I have 2 migraines monthly let alone 22!
A side note: if you've fired the same specialty doctor please make sure you read the records or know what's in the records. I had one doctor tell me (which is why she's fired) that I didn't have lupus even though 3 separate tests indicated I do in fact have lupus. Needless to say and for whatever reason, the medical expert went off this specific doctors notes stating I didn't have lupus and said he wasn't sure.
Now, you might be asking yourself, if I'm that ill, how do I have time to write a blog? Well, do you see the time frame between blogs? It's been nearly a month since my last entry. I'm having a good day today. Not all days are bad and that's a good thing!
http://www.ssa.gov/disability/
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