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Sjogrens Topics => Living With Sjogren's => Topic started by: trector1955 on November 28, 2008, 12:52:53 PM

Title: Disability
Post by: trector1955 on November 28, 2008, 12:52:53 PM
Hello
    I just have to vent for a min. I got my decision from Social Security Administration today. And they turned me down. Well I guess this is the first stag I guess I will have to get a lawyer now. But they said if I do They will take %25 of what they own me to pay the fee. Not fair. They just don't understand. I can barely see and they said I could work.They said all my problems were sable and being treated. Crazy. I have severe ADD, Sjogrens disease, Fibermyalgia, Heart problems, Mental in my big toe back problems Ibc Learning disabilities and they said I could work. Does anyone have experience with the next step. This is crazy The lady just sent the information to their Dr. on this last Monday because we were waiting for a report from the Physiologist. She was taking too long and so I told them to go ahead and file it anyway. Well I am seeing her on Monday. Maybe she has some ideas. My husbands cousin was approved because he weighs about a million pounds and can't walk because of his legs. Give me a break. I spoke with this lady at the store and she said it took her forever but when she went to see a lawyer she was approved in one week. This is not right I have been sick my whole entire life with something and never asked for anything I always worked. Not fair. Please could you guys give me some advice.
Theresa
Title: Re: Disability
Post by: susanep on November 28, 2008, 01:17:07 PM
Hi

Whatever you do don't give up. It's pretty common to be denied the first time. They are hoping you will forget it. Don't !

Don't be intimidated by what they say either. Just appeal and fill out anything and everything, and list every little detail of what you cannot do. List how you have to lay down , every detail. You don't even need to argue your case to them, just keep up your appeals, and add any new info from both you, other family members, friends, and all doctors. I have said a prayer for you.

Finally, if you need to get a lawyer then so be it. That  is better than giving up. He/she will take a percentage , because that is how they are paid. But, it can also be done on your own if you keep on.

susanep
Title: Re: Disability
Post by: eyeamdry on November 28, 2008, 04:25:08 PM
Someone on this forum was just awarded SSIDisability after needing to  get an attorney.  The attorney's fee was $5,000.  That meant his gain was $20,000 which is way better than nothing.  There was probably a long waiting period in there to count for the large amount. 

If you need an attorney, and you are successful, you'll be ahead for your efforts.  I can understand someone not wanting to pay an attorney money for which they think they are entitled.  From what I've read, getting an attorney after being turned down is the next thing to do and it many cases successful.  Good luck.  lucy
Title: Re: Disability
Post by: Epson on November 28, 2008, 05:52:25 PM
I am thinking of filing for disability myself and there is no way I am going to try, until I talk to an attorney.  When you need medical help you go to a doctor right?  When you need legal advise, you find a good lawyer and yes you have to pay him.  He takes care of all the BS and knows how the system works, that's his job.

You have to admit it is pretty awesome that if you eat yourself into bad health, there is all kinds of help, if you happen to be unlucky and get an AI disorder, too bad for you.
Title: Re: Disability
Post by: trector1955 on November 30, 2008, 11:20:22 AM
Hello
      Thanks for all your replies. I am going to try to appeal my self again. I won't give up. and this is for Epson. I did not eat myself into bad health. I am not very over weight either.  That mention about being unlucky enough to get an al was not really too nice. I don't feel unlucky. I feel blessed. I have a wonderful family. I didn't make myself get this horrible disease. I worked for a very long time. I paid for my disability. You have to have en ought hours of working to qualify anyway. I would much rather be working. Its not too much fun staying home and being bored. If I didn't have to do this I wouldn't.  I really don't want to go to a Lawyer anyway. I am not a great talker in front of people.
Theresa
Title: Re: Disability
Post by: Scottietottie on November 30, 2008, 11:29:42 AM
Hi Theresa  :)

In Epson's defence I don't think he was implying that you'd done anything to bring this on yourself. Unless I misread what he'd written I think he was saying that a lot of people who have overeaten (not you) do end of on disability and that he thinks it unfair that someone with an AI disease, through no fault of their own at all, finds it hard to get the help that they need.

He's on your side - honest!

Take care - Scottie  :)
Title: Re: Disability
Post by: Chana M on November 30, 2008, 11:46:19 AM
Hi Theresa

Just to echo Scottie - I don't think Epson would ever mean to imply that you've caused this yourself. Or that any of us have.  He just meant that sometimes it's hard for those of us with AI conditions to see others getting the help we're denied.

Having said that, if a doctor accused me of overeating today he/she would have a point!  It's a very miserable and rainy day here in Brighton, England.  So ... I've eaten lots of toast with butter and marmite; peppermint aero (huge bar); cherry and almond cake; and cheese scones.  Yummy!

Chana x
Title: Re: Disability
Post by: Sjenny on November 30, 2008, 12:20:43 PM
Theresa:

Please don't be offended, I think you misunderstood Epson's post.  He was sympathizing with you, and he was referring to your husband's cousin who is getting disability for being overweight. 

I have a son with autism and I could not get him the services he needed until I asked for help from my local congressman.  Then he intervened for us and everything fell into place for which I will always be grateful.

Do you have a local politician that you could trust to help you with your case?

Sue

Title: Re: Disability
Post by: Nettie on November 30, 2008, 01:18:20 PM
hi Teresa, I just wanted to offer you some encouragement in your efforts to get disability.  Many very sick folks are denied benefits at the initial level.  Please just continue to appeal and fight for your benefits at each step of the way.  Pay very careful attention to the required deadlines for filing an appeal.  When sending mail be sure to use certified registered receipt mail for proof of mailing and meeting deadlines, etc.

More than likely the next step for you is to file for something called a reconsideration.  Not all states have this step, so I can't say for sure if this will or will not apply to you.  Unfortunately, if you were denied initially, you usually get a denial at this stage too.  Again, immediately appeal and if you haven't gotten a lawyer yet, it may be time to seriously consider getting representation.

A lawyer can attempt to get you something called an "on the Record" decision (another chance for an approval prior to a hearing based on a review of your file and records), but regardless the next expected stage would be a hearing before an administrative law judge.  This is where the majority of approvals are received, however if you were to be denied after your hearing continue to appeal if possible to the Appeals Council.  If you have a lawyer, they sometimes recommend filing a new application as well at this time. 

I wish you the best through what can be a long and difficult journey.   Nettie

Title: Re: Disability
Post by: trector1955 on November 30, 2008, 02:43:21 PM
Hello
     Thanks for your replys. I was thinking alot about what Epson said and I think I did take it in the wrong concept. I looked thr e-mails and he seems like a nice guy and why than I was thinking why would he said something like that I was just confused in a fog!!!! I get that alot. Its funny I usually look at everything with the kindest heart. but I was just in a fog. So you guys must forgive me. I have ADD really bad, and sometimes things don't always look right to me at first. Thats why sometimes I wait alwhile. before I coment on stuff. Well you guys have a nice evening and its not the end of the world about Social Security. I could eally use it now. but it could be worse.
Theresa
Title: Re: Disability
Post by: Scottietottie on November 30, 2008, 04:36:07 PM
Hi Theresa  :)

Believe me - it's really easy to misread a post. I've done it often myself - so don't feel bad about it.

Epson's got a wicked sense of humour and I'm pretty sure a thick skin to go with it - so I'm sure he'll be OK! He can pm me if he isn't!

Hopefully your next claim will go better. It's definitely possible to get it. Lots of people have said it takes more than one attempt most times. Some get it first time - but they seem to be the minority.

Take care - Scottie  :)
Title: Re: Disability
Post by: Seeker on November 30, 2008, 04:52:02 PM
Howdy Theresa, I am sorry you are having so much trouble getting your claim approved.  Don't let it get you down about not succeeding the first try.  On an average about 90% of the claims will be denied on the first go around.  It's a matter of perseverance. Your chances of approval go up on each appeal.  That line about lawyer fees, is used as a scare tactic.  Yes, you will have to lose a little go gain a lot.  Social Security is hoping that they will get you so frustrated, that you will quit.  DO NOT GIVE UP!  You can win with out a lawyer.  But it takes much longer and you will have to put a lot of work in the process.  A lawyer who specializes in these type of claims, is a good investment.  But, shop around.  I know there are some good claims Lawyers out there that will not charge you an arm and a leg for their services.  No matter what your decision, don't give up!  You have a lot of people here rooting for you.  


Seeker
Title: Re: Disability
Post by: Epson on November 30, 2008, 10:41:08 PM
Yes, you guys got it right.  I was just showing the irony of the situation.  We had no control over our situation, yet if someone over eats themselves into bad health, they get rewarded with disability.

Most insurance companies won't pay for weight loss programs, but will pay for bariatric surgery.  I don't get it!
Title: Re: Disability
Post by: Linda196 on December 01, 2008, 05:12:45 AM
They also don't pay for smoking cessation aids, but will cover in home Oxygen and even nursing home care for long term ventilation for people with smoking induced chronic lung disease...and we wonder why premiums are so high!

Of course my favorite part of that particular paradox is; they will pay for the exact same medication as is prescribed for a limited time for quitting, if it's prescribed long term for depression!
Title: Re: Disability
Post by: Mark54 on December 01, 2008, 08:50:18 AM
     As I have replied in the past, take a deep breath and hang on for the ride. Chele has been turned down twice and it is now in the hands of our lawyer. The lawyer gets 25% or up to $5,000 of the past SSD if granted. It is really the only way to go. It is a long wait. We are probally a years or so until Chele is given a court date. We started the process about 2 years ago. Hang in there! The system wants you to give up!

     As far as Epson, he's a good guy. Sometimes you have to read between the lines with his comments. He is smart and knowledgable and has a good heart. He is a real asset to this forum!

God's blessings,

Mark....
Title: Re: Disability
Post by: Epson on December 01, 2008, 09:23:45 AM
I read something interest about disability.  Did you know that 70% of all claims are rejected the first time.  Two people with SS could apply, one accepted and one rejected, both have the same illness.  Go figure >:(
Title: Re: Disability
Post by: Scottietottie on December 01, 2008, 04:44:40 PM
Maybe they have a quota!  :(
Title: Re: Disability
Post by: eyeamdry on December 01, 2008, 05:05:02 PM
I don't think we'll ever break that code.  As Epson said........exact same thing, one gets it, one doesn't.  But for anyone who will file for Disability in the future, let's not forget that some cases are put through the first time.   If I had listened to my ophthalmologist, I never would have filed for disability because he told me I'd never qualify.  Period.  Well, it wasn't up to him.   I'd been seeing him for 5 straight years with a million dr appts. I brought my GP into the circle and my chances changed dramatically. 

Everyone else told me I couldn't qualify either.  Well, I filed myself and got it on first try.  I feel fortunate because others have such a hard time.  I expected to have the same problem(s). 

There are a few on here who got disability on the first try.   Again, if I had listened to the doctor, and everyone else, I'd be eating from the food pantry.  So, people, try when you think it's your time.  Also be mindful that as Mark says, "hang in there, the system wants you to give up."

Lucy
Title: Re: Disability
Post by: Billydude on December 01, 2008, 06:26:15 PM
DON"T be afraid of using an attorney.   I was just approved on first try and my total wait was only 5 months.   The attorneys processed my claim as if my disabiliy started Jan of 2007.  The max that they can get is 5000.00 and that is taken from the awarded amount.  If you get nothing they get nothing.    So they got 5000.00 and I got 20.000.   It was well worth it to me because I was told that SSDI takes cases from attorneys much more seriously as they know an attorney won't take you on unless they know they have a case.   My recomedation is to use an attorney from the start.  No hassle and no stress.   If you started the process on your own then get one for the final appeal process.
Steve
Title: Re: Disability
Post by: cathyb on December 02, 2008, 03:33:21 PM
Do not give up whatever you do.  I was denied twice and then went to a lawyer.  It took him another year to get it approved but once I went to him it was much less work on my part.

At my hearing the judge never talked to me just call my lawyer in and said it was approved so keep at it.  It took me about 3 years but if you stick with it you will probably win your case.
Title: Re: Disability
Post by: Reanne on December 14, 2008, 08:50:09 AM
Hi Everyone,

I'm happy for those of you who have been approved for SSDI.  It's scary though that it could take 3 to 5 years.  How did you survive until then?  If I quit work, will my husband's insurance have to accept pre-exisitng conditions?  There are so many things to consider.  Some days I wonder, can I really make it through the work day?  I've been there 15 years, but if I started today, I'm not sure they would keep me past probation period due to my limitations.

Reanne
Title: Re: Disability
Post by: Billydude on December 14, 2008, 04:11:21 PM
Guys.  I've said this earlier but I can't stress enough this!!!!   Just use the attorney from the start.  SSDI takes those cases more seriously.  Don't even bother trying the first time on your own.    I went to   www.disabilitygroup.com   and they took it from the very start.   There is even a free evaluation on-line to tell if you might have a case.   If you get nothing they get nothing and only get 25 per cent from the backdated award amount not to exceed 5 thousand.   I got 20 thousand and they got 5 thousand.   It only took 5 months and my medicare starts this July because my award payment date started Jul of 07 and with the two year wait on medicare I'll have it in July.    DON"T FUSS WITH THIS YOURSELF!!!!!   
Steve
Title: Re: Disability
Post by: Seeker on December 14, 2008, 06:10:25 PM
 all, I just wanted to say that the billydude is dead on about the lawyer.  You can save yourself a lot of time,heartache and frustration, if you let a lawyer handle it. 

Seeker 
Title: Re: Disability
Post by: djean87 on December 14, 2008, 07:05:15 PM
I also just got denied for disability.Figured best to talk with attorney have appoitment there 29th of this month.As everyone says usually denied first time.Am going to keep on trying,jump through hoops they think I need to do. And as others say think they turn ya down first time to see if ya are serious or not and if ya give up easy they dont have you to deal with.Keeps money in their pot so to speak!! Keep  your spirits up and follow through.
Title: Re: Disability
Post by: eyeamdry on December 14, 2008, 09:40:39 PM
Billydude/Steve gave y'all excellent advice in getting a lawyer from the beginning.  I apparently could not do this because I wanted a lawyer from the start.  I made an appointment with one to discuss disability and paid him $150 for a one hour consultation.  He told me to go ahead and start the paperwork that he couldn't help me until I'd been turned down.  I took his word as gospel and started the paperwork.  The good thing for me was that I got approved first time and didn't need to have a lawyer.

According to what Steve says, a lawyer will take it from the beginning.  I thought that's what I wanted to do, but maybe the old fuddy duddy didn't want to bother with me.  So, if one lawyer tells you no then see another one.  Good luck to all on the SSDI.  Lucy
Title: Re: Disability
Post by: Billydude on December 14, 2008, 10:11:02 PM
Just go to a firm that only does disability cases like the one I mentioned.   They did all the paperwork.  Like I mentioned you can find out if you qualify on-line before even talking with them.   They won't take you on unless they believe they have a case and with Sjogrens now being on the approved illness list with social security they should take you on I would think.   Im sure there are other things they look at like if you have stopped working and such.   
I just know I didn't have the emotional currency to deal with this all my own as I'm prone to anxiety!
Steve
Title: Re: Disability
Post by: Nettie on December 15, 2008, 07:38:52 AM
As someone who has also been through this process, here's some feedback and it's my own personal opinion.  Most lawyers will recommend that you apply for social security disability yourself initially and come to them only after you have been denied. Be careful of which on-line lawyers you use as you may really desire having a lawyer who can represent you in the event that you have a hearing in your state.  I have heard that some on-line firms actually search for a local attorney to take their place in representing you.  Once you hire an attorney, it is very hard to switch if you are at all unhappy with their level of service.  Most lawyers will not take on your case if you are already being represented unless you can secure a written release (hard to get).  You need to be aware that there are non attorney representatives who may advertise their services.  Some of these firms have very good folks working for them, but just be aware of the qualifications of who you choose to represent you. 

In my opinion, the more complicated and unknown your conditions are, the more difficult it may be for you to initially qualify.  Simply getting a lawyer upfront may not be all that it takes to get a fast approval.  If you hire a lawyer, ask if it is accepted practice for you to stay involved in your own case.  I personally signed on for representation that I was not happy with.  My husband and I however stayed actively involved sending information directly to social security on my behalf.  When I would ask to see briefs or documents that were filed on my behalf, I was told that they could not disclose confidential documents to me.  I was only able to see some things when I requested copies of my ssa file and when my husband and I made an appointment to see my ssa file that was prepared for my hearing at the ssa office. 

I am in no way saying that you should not get representation, just research the firm and make an informed decision.  You may be working with this firm for a few years. 

Reanne - good questions.  You should ask your husband to check into his insurance to see if you can be automatically added if you were to stop working and if they will consider pre-existing conditions at that time. 

Nettie 
Title: Re: Disability
Post by: Billydude on December 15, 2008, 10:10:00 PM
All I can say to the above is that the firm I used took me on from the beginning and would have sent their own person to the hearing had I needed one.    I'm can't say enough about the group I used.  They are called The Disability Group.
Steve
Title: Re: Disability
Post by: peacefulstorm on December 16, 2008, 08:24:55 AM
Theresa, I used to be a supervisor for a well known disability company.  Are you receiving disibility funds? If you are, we were required to help with SSD if the person asked for help and we couldnt take a chunck of money from them either! Just a thought!
If you are not on disability through your company's program or an individual policy then the lawyer is the next step, but not until you are at least turned down twice. EVERYONE is turned down at first! I know this to be a fact, there is a very small percentage of people that are automatically approved, it's like 12%, terrible huh!
Good luck! Cortnee'
Title: Re: Disability
Post by: Epson on December 16, 2008, 09:06:22 AM
We all know how hard it is to find a good doctor, what makes you think finding a good lawyer would be any different.
Title: Re: Disability
Post by: JJ on December 16, 2008, 10:16:04 AM
Hello everyone, I signed in today..found Sjogrens World about a year ago..and i don't know why I took so long getting into the forums. Thank you for bringing this issue up...have felt guilty for even thinking of trying for disability. I have worked most of my life and at the young age of 43 sometimes I feel like im in my 100th year. My friend went on disability and she said they always turn you down the first time...she said to just keep at it. The doctor that diagnosed me "family prac" LOL of all the docs in the world..made the suggestion at one point that i should look into it. That was over three years ago...i was made to feel by friends and coworkers that i was not in that bad of shape...however, i do feel unreliable...never know day to day...who wants to hire you or keep you when there are days that you just cant do it...then there are days that i thank God for because those days i feel like i could change the world...good luck to us all...and God Bless! Keep trying, I know i am going to start.
Title: Re: Disability
Post by: peacefulstorm on December 16, 2008, 11:03:31 AM
JJ, we come for information in our own time. I was so scared to know all of the "serious" issues of SjS.  I didnt want to know, but now I am glad I came and took a look because now I know what to look for and watch out for.Im so happy you have found the boars, there is lots of reading, I have found out so many things, just by reading and if you have a question I know someone here will respond to you even if they cant help you, they will have suggestions!
Cortnee'
Title: Re: Disability
Post by: JJ on December 16, 2008, 11:26:11 AM
Thank you all for being here and i will have questions, comments, and probably a few tears...
seems bad to say but feel better not being alone in this, when i first read SW i cried because
i had felt like i was crazy for some time. Thanks again!

JJ
Title: Re: Disability
Post by: Linda196 on December 16, 2008, 12:13:34 PM
Hello JJ, welcome to Sjogren's World.

We each need our own stimuli to open up in these forums, sometimes it takes someone else's post that speaks directly to us, or to our concerns, to help us go from Lurker to Poster.

The disability thing is something of a two edged sword...I finally gave in to the suggestions of my GP and Rheumy, after a few years actually, and applied, thinking they wouldn't even consider me and I could go back to the docs and say "told you so"! Imagine my surprise when I was approved for full disability first try...then I started thinking "OMG, I must  be really sick!"

I eventually reached an equilibrium, admitting that I do have physical limitations, but not allowing them to control me. I think my GP made the most sense to me when he said I had had a disability for years, I just hadn't let it disable me!

Feel free to explore more of the earlier posts, and enjoy being in a place where you are understood, accepted, and if you do want to act a little crazy, we know it's an act, and has nothing to do with your physical condition. It may even help when it comes to dealing with this disease! I'd also like to invite you to post a bit more of a personal introduction in the Newbies section, so we can get to know you better and welcome you appropriately.
Title: Re: Disability
Post by: Pooh on December 16, 2008, 12:34:51 PM
Hi JJ,
Welcome to our family.  So glad you finally registered and joined us.  I hope you find lots of information and helpful ideas on how to deal with this insidious disease. 

I've always said, and others too will tell you, DON'T LOSE YOUR SENSE OF HUMOR!  This disease can take the craziest turns and come and go at will.  Some days are great, and others from the time you open your eyes you want to snuggle down and pull the covers back up and ignore the day. 

If you feel chatty in the evening or afternoon (Eurochat at 2 P.M. est) you will find us in the chatroom.  The schedule and times are at the link below.  Please join us, we can be serious, or mostly we just have fun. 

Pooh
Title: Re: Disability
Post by: eyeamdry on December 16, 2008, 02:41:55 PM
JJ.........if your doc suggested it, you're already ahead of the game.  He will be your advocate in filling out forms.  I got disability because of eye issues and my ophthalmologist who had done surgery on my eyes (creating the problem) told me that I'd not qualify for SSD.  Well, my GP made a remark one day that 'disability should be easy because of your eyes."  When the time came, I filed for disability with my GP being my primary doctor in the paperwork.  If your doc is so receptive, you should try if you feel it's time. 

As for friends, well never mind them.  Unless they want to support you, they have nothing to say about it.  If I had listened to everyone, I'd not have bothered to file.  Whatsmore, I got approved first time without an attorney.  I'm not bragging about this, but some people refuse to believe it's ever approved first time.  Good luck, Lucy