| Author |
Message |
    
Carolyn Brown
Rating: N/A
Votes: 0 (Vote!) | | Posted on Saturday, May 12, 2001 - 3:26 pm: | 
|
I am 55, married for 36 years, worked for 36 years
(started
the summer I graduated high school). A year ago, April 2000, I had
surgery for TMJ. After that, I was sent for inner ear problem, but it
want on to be a rear nuro degeneration-Spinocerebellar Atrophy. I walk
with a cane, have had an occlusion in my right eye(this is the second
time), that causes double vision. Today got a notice from Wake Forest
Physicians, my accout is being turned over for collections. I filed for
disability last Aug, was denied in March, appealed the next day. Is
there any help for me, other than a lawyer? |
Paul McChesney (Admin)
Rating: N/A
Votes: 0 (Vote!) | | Posted on Monday, May 14, 2001 - 6:12 am: |
|
Perhaps help without a lawyer, but if I were you I would get one
anyway. Disability issues are complex and you need the help of someone
who has been there before. There is too much riding on this decision to
go by yourself. The hearing decison is your last good chance to win
your case, and you have already lost once on your own. There must be
something they are looking for that you don't know about. Take care and
good luck. |
SARAH
Rating: N/A
Votes: 0 (Vote!) | | Posted on Thursday, June 14, 2001 - 11:16 pm: |
|
I
HAVE BEEN OUT OF WORK SINCE 12-15-2000 I AM A LUPUS PATIENT HOW LONG DO
I HAVE TO WAIT TO APPLY FOR MY DISABILITY AND HOW DO I GO ABOUT IT
Reply by Paul
Lupus is a serious disease that is often, but not always, disabling. You can
file the second you stop working, or if you are smart, sometimes even before
that. If it were my financial survival, I would talk to an attorney before
I did anything else. |
Brenda Heckard
Rating: N/A
Votes: 0 (Vote!) | | Posted on Friday, November 30, 2001 - 2:26 pm: |
|
Hello,
Paul. This is Brenda Heckard. I wrote to you the first part of October
about being denied Disability for my back pain. You advised me to apply
for reconsideration. Did that. I just today-November 30,2001, received
my decision on my reconsideration. I was denied, again. SSA says that
they don't have any new medical information. I have a Myelogram
scheduled for Dec.6,2001. In your wise opinion, shoul I contact a
lawyer and appeal this decision, and if so, do you know of any in the
state of Indiana I could contact?I would probably need to travel to
Indianapolis for a lawyer. Also, SSA said that I could do light work.
They took into consideration my age,49. I'll be 50 in May 2002, my work
history,nursing ass'nt work for 30 years, my education,High School
graduate. Do I need to wait until I have more testing done before I
refile again? I know that I only have 60 days. Any information will be
appreciated. Thank you so much.
Reply by Paul You
should not be so far along in your case without an attorney! I have
emailed a suggested attorney; If he cannot help you perhaps he can
suggest someone. Or go through the yellow pages and hire the attorney
that talks the most sense. But don't wait around!
If the 60
day deadline begins to approach, be sure the case is appealed somehow.
You can go down to the local office and appeal yourself. If you do, get
a receipt! But don't let this be an excuse for putting off the
attorney! You have already been turned down 2 times on your own; don't
try again that way! And don't try to use this forum as a substitute for
hiring an attorney! You will regret it!
Why is it that people
hire doctors or good midwives when they are having a baby? You could
probably deliver by yourself successfully 90% of the time. The reason
is that the outcome is so important that you must take every step in
order to ensure the best possible outcome; and 90% is not good enough
for such an important event.
Take every possible step to help yourself. One includes an attorney.
Take care. |
d.norris
Rating: N/A
Votes: 0 (Vote!) | | Posted on Friday, December 28, 2001 - 6:57 pm: |
|
Paul,
I am 46 years of age,female, an associate degree registered nurse. I
fractured my neck,(c2), in 1997, with fusion c1-3. I went back to work,
injured myself at work. I have an additional fusion, c4-6, which leaves
me with very little motion in my cervical region. I recently had a
functional capicity test, the results state I am unable to do seditary
work because I can't tolerate lifting, pushing, pulling, sitting, or
walking for long periods of time. This was for my workmen's comp case.
I have muscle spasm constantly, and rate my pain on a level of 6-8.
I applied for social security disability, with 2 denials. I have signed
a contract for help by a group of people who have worked with social
security in the past. I am receiving state retirement disability, and a
very small amount of long term disability because of the workmen's
comp. amount.
I have dx of severe cervical stenosis, osteoarthritis in bil. knees, depression, hypothyroidism, and hypercholesterol.
Do you feel I can win this case, and should I use an attorney instead of the people I have signed with?
Thank you very much, you may email me if you have any other questions. |
Paul McChesney (Admin)
Rating: N/A
Votes: 0 (Vote!) | | Posted on Friday, January 11, 2002 - 5:07 am: |
|
Ms. Norris, Generally, if you cannot perform at least sedentary work,
and are able to prove that, you are supposed to be found disabled. Of
course, we need to know what else is in your file. A judge can focus on
some other evidence in your file and claim that you can do some work.
Please bear in mind that I am an attorney, so perhaps I am prejudiced.
And of course a bad attorney is worse than a good social security claim company.
These are the advantages of an attorney:
Most
handle claims in only one or two or three hearing offices, so that they
get to know the individual judges. Each has different demands.
An attorney has had training in litigation; there is no training required for an individual to work for one of these companies.
Most
of these companies have contracts with long term disability carriers,
who recommend them to claimants. This puts the companies in a difficult
position when it comes time to divide up the back benefits. Sometimes
there are ways to reduce the amount that the long term disability
carrier gets back. But the companies have an incentive to not tell you
about this.
What if the company develops information that
tends to show you are not disabled? What if there is a decision,
however misleading and incorrect, at your hearing, that you are not
disabled? The long term disability carrier expects to get such
information, and asks the companies to provide it. The companies get
their business from that carrier. Most will do so, and that can result
in a loss of long term disability benefits. |
Sandra Stewart
Rating: N/A
Votes: 0 (Vote!) | | Posted on Monday, July 01, 2002 - 12:12 pm: |
|
My
husband is 58 years old and was diagnosed with cariomyopathy with
conjestive heart failure and high blood pressure on April 28, 2002. His
echocardiogram indicated that his ejection fraction rate was 22%, but
no clogged arteries. His cardiologist has said that he has to stay out
of the heat and the sun. He has had to close the auto repair shop and
stop doing contruction work, Esposure to heat and humidity cause his
blood pressure to rise and aggrevates his CHF with tremendous fluid
gains which causes chest pains and severe headaches. He currently takes
3 blood pressure meds, 2 heart meds, Zoloft 100 mg, aspirin therapy and
Nexium. He left school in the 9th grade. Do we have a claim?
Reply by Paul 22% is a very low ejection fraction. Among other things, I would certainly file a claim. |
MARLENE JACKSON
Rating: N/A
Votes: 0 (Vote!) | | Posted on Thursday, July 04, 2002 - 11:05 pm: |
|
BY MARLENE JACKSON ON THURSDAY JULY 4, 2002-11:50
IN
1992 I WAS IN A CAR ACCIDENT WHICH I WAS THROWN OUT OF A CAR [THE
ACCELARATOR STUCK].I HAVEN'T BEEN ABLE TO WORK SINCE THEN.I HAVE BACK
PROBLEMS,TROUBLE WITH MY KNEE,HEADACHES.CHESTPAIN,
AND BECAUSE I DON'T HAVE HEALTH INSURANCE I CAN'T
GO
TO SEE DOCTORS THAT CAN HELP ME.WHEN I GO TO THE CLINIC,THE NURSE TELL
ME TO KEEP TAKING THE OVER THE COUNTER DRUGS IF THEY HELP ME.I DON'T
WANT SURGERY.BUT I KNOW I NEED HELP. I'VE BEEN OUT OF WORK FOR 10
YEARS.I'VE BEEN DENIED SSI THREE TIMES,BUT WHEN I CONTACTED A ATTORNEY
THEY SAID THEY COULDN'T HELP ME BECAUSE I HAVEN'T WORKED IN TEN
YEARS.I'VE WORKED FOR THE TELEPHONE CO.FOR EIGHT YEARS,AND A HOSPITAL
FOR ELEVEN YEARS.AND SOME IN BETWEEN. HOW DO I GO ABOUT GETTING SOME
HELP?
Reply by Paul Yours is a very hard question to
ask. I would get my earnings record from the Administration by calling
1 800 772 1213, and show it to a lot of attorneys that handle this sort
of claim. It might be that you could prove that you were disabled long
ago, and thus qualify.
If you have low income and resources,
you might qualify for SSI. Some attorneys do not handle those sorts of
claims; in some cities legal aid handles them. |
Pat
Rating: N/A
Votes: 0 (Vote!) | | Posted on Tuesday, October 01, 2002 - 4:12 am: |
|
Dear Paul,
My husband has been trying to get his disability for over two years.You
are his attorney and we are waiting for his trial date.
In the
last 7 months I have developed major depression and been diagnosed with
fibromyalgia.My long term disability cut payments to $500.00 a
month,even though Social Security has yet to make a decision.
I would like to ask how his case affects mine.I have never heard of both spouses applying for SSD before.Is this unusual?
Also,I would like to get an attorney.Should I choose someone other than
you? If so, how do you recommend in our area?Please e-mail me if you
can.
Thank You. |
Paul McChesney (Admin)
Rating: N/A
Votes: 0 (Vote!) | | Posted on Wednesday, October 02, 2002 - 5:50 am: |
|
Pat, to answer your questions one at a time:
1. You and your spouse may have the same, or different, lawyers.
2. There is no legal effect if you and your spouse both file. Perhaps the judge looks at the second case a little closer.
3.
Sometimes a long term disability carrier will reduce your long term
disability benefits to the amount you would be getting if you were
drawing Social Security. If you need the money, you might try
insisting, first to the LTD carrier, and then through an attorney, that
they pay the full amount until you get Social Security. They are more
likely to agree to this if you sign a paper agreeing to pay them back.
Whether they have to depends on the terms of the long term disability
contract. |
wanda nobles
Rating: N/A
Votes: 0 (Vote!) | | Posted on Sunday, March 07, 2004 - 8:11 am: |
|
hi i am wanda ,i signed up for ssd 7 months ago i have not been
approved yet but i have copd also a mass they call calcified granulomas
i take breathing treatments 3 times a day also i have had back surgery
but not severe enough for dissability from what i have read i have
degenerative disc in my neck and back my medical report said osteophyte
formation in my neck and articular facets do i have a possibility of
getting my dissability.i know it is very hard to get on dissability. |
Paul McChesney (Admin)
Rating: N/A
Votes: 0 (Vote!) | | Posted on Sunday, April 25, 2004 - 6:53 am: |
|
It is easy to answer the question, "do I have a chance." You certainly
do. To know how good a chance, I would have to know your age,
education, work experience, and the exact limitations your impairments
cause. It also would help to know whether you have doctors who agree
that you have those limitations. If you sit down with an attorney and
share those facts, he can probably answer your questions.
Take care and good luck. |
Paul McChesney (Admin)
Rating: N/A
Votes: 0 (Vote!) | | Posted on Saturday, May 01, 2004 - 5:07 am: |
|
I generally suggest getting an attorney early. This was a private email sent to me arguing the other position:
I
am from another part of the country but I have a suggestion to your
friends who have problems. I receive SSD for my disability. I am 56
years old and have several conditions that make it impossible for me to
work. I did not need an attorney to do the paperwork. What I did do was
submit all of my medical conditions with corresponding reports from
recent surgeries and hospitalizations, at the time of my application,
rather than just one for SSD's review.
For example I have a
cervical spinal stenosis, multi levels (7) which is compressing my
spinal cord, I also have hearing impairment ( legally deaf in both
ears) but I also have a bradicardia from a heart attack I suffered
following one of the surgeries I had within the 6 months prior to my
application. I submitted all of the reports for all of the conditions.
This
saved me much time in the process. Instead of them looking at only my
neck for example they looked at the whole person, the heart, ears etc,
and I was approved within 3 1/2 months, after 2 independent evaluations
by SSD approved Doctors.
We tend to go for only one thing
but if we have multiple conditions it is far better to submit all the
information when applying. Everyone was astonished at the speed with
which I was approved and the fact that I did it myself without an
attorney.
Hope this helps others with their applications. |
wanda nobles
Rating: N/A
Votes: 0 (Vote!) | | Posted on Friday, May 14, 2004 - 4:01 pm: |
|
wanda again, yes i was recently denied my disability .i am 46 yrs old
.i have been diagnosed with major depression ,taking 150 mg of
zoloft,120 mg of geodon also 10 mg of ambien .i have degenerative
disease at the c-5 6 6-7 levels
with disc space narrowing and
osteophye formation and posterior disc buldging ,no herniation ,my left
main artery is blocked 40%also the copd along with my low back surgery
.disability says that my evidense shows several medical and mental
impairments however none disabling i should avoid any heavy lifting and
i am able to stand or walk up too 6 hrs a day .what is my next step ,i
just recently was diagnosed as major depressed.been on that medicine
for 3 months ,what is my next step? thanks wanda |
Paul McChesney (Admin)
Rating: N/A
Votes: 0 (Vote!) | | Posted on Saturday, May 15, 2004 - 6:23 am: |
|
Hire an attorney, and whether or not you do, be sure to appeal in time! |
John Snyder
Rating: N/A
Votes: 0 (Vote!) | | Posted on Wednesday, June 09, 2004 - 11:57 pm: |
|
Mr. McChesney,
I'm
just starting to get into the throes of applying for Social Security
Disability. From talking with many people (and in particular my s/o who
recieves SSI herself for a disability), I understand that gaining SSD
is a long and tedious process. I wanted to get your thoughts and
opinion upon my case, if you'd be so kind.
I've been out of
work now for just over a year... finally hit that one year target date
that most disability forms require to be eligible for SSI/SSD. I've
been to three specialists already who have compiled their findings to
help my case. Many tell me that because of the numerous findings that I
have a good chance, but it's always more reassuring to hear such from
an attorney who specifically deals with such issues.
Here's a list of what they've found and diagnosed:
- Osteoarthritis in the knees
- Degenerative Joint Disease in the cervical spine
- Degenerative Joint in the lumber spine (L4-L5)
- Bilateral Sacroiliitis
-
Periarticular Osteopenia (which to my understanding is the early onset
of Rhumatoid Arthritis) in both hands (no erosions noted)
- Fibromyalgia
- Depression
Even
the heaviest of medications do not effectively help all that much.
those that do are deep within the narcotics range and ultimately do
help with pain relief but also due to their cosmetic makeup cause
extreme grogginess and outright sleepiness.
I find it
difficult to walk effectively without the use of some sort of device to
keep my balance and help stabilize the steps. Be that a cane, a walking
stick, a handrail, an able-bodied companion, etc. Due to pain and
inflammation (especially in the back and pelvis) I also find it
extremely difficult to remain stationary/seated for lengths of time. My
fatigue levels are high and even mundane daily living tasks are
difficult to manage.
I'm 35 (feeling 73 at times) and don't
have any schooling past high school. All the work I've done in the past
has been physical labor in nature... a lot of standing, walking,
bending, lifting, carrying, etc.
Is this a "winnable" case?
I've already acquired an attorney who will certainly help me upon an
appeal. But I simply wanted to get another opinion before the lengthy
process even starts.
Thanks. |
Paul McChesney (Admin)
Board Administrator
Username: Admin
Post Number: 722
Registered: 5-2004
Rating: N/A
Votes: 0 (Vote!) | | Posted on Tuesday, July 20, 2004 - 5:56 am: |
|
John:
I never intend to give advice to someone with a lawyer; there are rules
about this that I did not invent; and I also do not have as good a feel
for your case as someone who knows what you look like in the medical
record, and what your particular judges are likely to do. So an answer
from him will be more accurate than an answer from me.
Take care and good luck. |
Jeri Glasco
Unregistered guest
Rating: N/A
Votes: 0 (Vote!) | | Posted on Monday, July 05, 2004 - 8:36 pm: |
|
Hello,
15 months ago I was diagnosed with breast cancer with lymph node
involvement and under went the chemo and radiation. I didn't know the
damage chemo will do to you.Now I'm dealing with DDD (resulting from
chemo)standard treatment didn't help, Irregular heatbeats and pvc's.
Have gone thru several months of well documented but unexplained
seizures, not to mention the fatigue.The past 5 months i've been going
to physical therapy trying to get my arms to work right again.I'm still
in constant pain.What bothers me, i've been told by several in the
medical field all this is most likely a result of the chemo.I'm 45
years old and worked all my adult life and paid my taxes.I'm still
unable to work and dont feel i'll ever be able to do my previous job's,
which were bartending, waitressing and manual labor.Plus I spend at
least 2 days a week at one of my doctors.I knew it was bad when I
couldn't open a jar of apple jelly !I'm on my second appeal, should I
seek a lawyer now ? Thank you |
Paul McChesney (Admin)
Board Administrator
Username: Admin
Post Number: 721
Registered: 5-2004
Rating: N/A
Votes: 0 (Vote!) | | Posted on Tuesday, July 20, 2004 - 5:49 am: |
|
If
you are ever turned down, there must be something that you are doing
imperfectly, and in that case it is almost always wiser to get an
attorney. Your condition sounds pretty severe, but I bet that on paper
you don't look as bad as you actually are. |
Joyce Rice
Unregistered guest
Rating: N/A
Votes: 0 (Vote!) | | Posted on Saturday, October 30, 2004 - 2:45 am: |
|
I
am 33 and was diagnosed with SVT in 1995. I was able to still work so I
did. In 2002 I experienced severe symptoms of my heart racing and
blacking out. A new round of doctors said that I couldn't drive because
the attacks were very severe and caused my heart racing, severe
fatigue, dizziness, black outs, and chest pain. My doctors supported me
in filing for disabililty. I ended up getting diagnosed with
vasodepressor syncope, atrial fib, and after an implanted reveal
monitor, they implanted a pacemaker. I continue to have the attacks of
my heart racing (arrythmias), severe fatigue, dizziness, black outs
(syncope) and chest pain. I have had my medicine change 4 times, and
still continue to have the symptoms. The main problem is that the
pacemaker records VT and is an AF pacemaker so I am not receiving
theraphy. I ended up having an ALJ decide on partial favorable for a
closed period of 17 months stating that I was totaly disabled. The ALJ
ended the period on the last doctor visit that he had record of. I
continue to be treated and have had my medicine changed again since my
hearing, and my doctors. I am trying to figure out if I should appeal
again. If I do appeal what will that do to the past benefits that I am
to receive for the closed period? Since I am still unable to work
should I try a trial work period and then that would show that my
disability has not ended? Do I file a new case since the period of the
closed period ended 6 months before the decision? I need the money now
since I am a single parent facing foreclosure on my home, but I am
still not able to work. Where do I go from here to receive income now,
yet still be able to receive for the future months until I am able, if
ever to work again. I received the decision today. I have not hired a
lawyer yet since I couldn't risk giving paying and portion of my past
due benefits. If I appeal and I hire a lawyer now and then I receive a
complete favorable decision will the lawyer receive compensation from
my past benefits from the date of the partial favorable decision or
from the very beginning? I am scheduled to meet with a lawyer to make
my decision, but unfortunately not all lawyers are totally out for my
best interests, but instead their fees. Thank you for your help. |
Paul McChesney (Admin)
Board Administrator
Username: Admin
Post Number: 914
Registered: 5-2004
Rating: N/A
Votes: 0 (Vote!) | | Posted on Monday, November 22, 2004 - 6:32 am: |
|
Joyce: That's a lot of questions! You are in a critical spot. I will address each question, and answer as many as I can.
Q. If I do appeal what will that do to the past benefits that I am to receive for the closed period?
A.
The Appeals Council can sustain the ALJ decision, rule that you
continue to be disabled, or rule that you were never disabled and ask
for the money back. This means that an appeal is dangerous, and a
failure to appeal is dangerous; I think you are at the spot where you
need to sit down with someone who is very smart and very experienced.
Be sure its someone who handles a lot of appeals to the Appeals
Council! A lot of lawyers stop at the hearing.
Q. Since I am
still unable to work should I try a trial work period and then that
would show that my disability has not ended?
A. I often
advise clients to try to work, but of course not if there are health
risks. Whether or not you should do it could only be answered after
careful study of your record.
Q. Do I file a new case since the period of the closed period ended 6 months before the decision?
A. If you are disabled and do not appeal, and maybe if you do, you probably should file a new claim, also.
Q.
I need the money now since I am a single parent facing foreclosure on
my home, but I am still not able to work. Where do I go from here to
receive income now, yet still be able to receive for the future months
until I am able, if ever to work again.
A. Like almost
everybody who is being denied in these cases, you are in an incredibly
tough spot. Some have resources outside the Social Security system. If
you do not, of course you are in trouble, with 9 months to an Appeals
Council decision, minimum, and tough odds there, and a probable remand
for another hearing many months away.
Q. If I appeal and I
hire a lawyer now and then I receive a complete favorable decision will
the lawyer receive compensation from my past benefits from the date of
the partial favorable decision or from the very beginning?
A. You and the lawyer could agree to either.
Q.
I am scheduled to meet with a lawyer to make my decision, but
unfortunately not all lawyers are totally out for my best interests,
but instead their fees.
A. As to whether any particular
lawyer is totally out for your best interests, I am going to try to
give you an answer. I might be wrong, but I think I can answer in such
a way that, if you study the answer, without asking for more
information anywhere you can see that I must be right:
Let us
talk about whether the lawyer is out for your best interests, and then
competency, how much he might know about winning your case, and then
cost.
As to whether a lawyer is or is not totally out for
your best interests, I would suggest that this is not as big a concern
in a Social Security case as it would be in non-contingency matters: I
would say that you could probably get a pretty good idea of the
tendencies of 100 random lawyers by considering 100 random people you
know. Maybe 100 lawyers will be a little better since the bar will yank
the license of lawyers who get arrested or do other clearly bad things;
maybe a little worse if you hang out with high class people. Still, out
of the 100, there will be a fair number of really good folks, a few
really bad ones, and some in the middle. Moral: If you check around
hard enough, you can probably find a lawyer who will be put your
interests first; and, if you are careless or unlucky you can stumble
across one who will not. There are two other pressures that tend to
persuade all of these 100 lawyers to put your interests first: one is
to protect their reputation, which is the main way lawyers who don't
advertise heavily get business, and another is the contingency nature
of the Social Security fee: Even if you stumble across a lawyer who
puts getting a fee for himself ahead of every other concern, the fact
remains that he is not going to get a penny of it unless he wins your
case. Under that arrangement, if the lawyer puts your interests first,
he will work hard trying to win your case; and if he puts his interests
first, he will still work hard trying to win your case. So, what you
really have to worry about is competency and cost.
As to
competency, you have to be fairly smart to get through law school. If
you pick one who has been doing a lot of Social Security, he will
certainly know how to give you a better chance of winning your case.
If, again, you are careful, you can probably find a pretty good and
experienced lawyer. Go to my page about Finding a good lawyer.
Assuming
the worst, you will probably find a lawyer who is at least moderately
competent and somewhat concerned, and thus increase your chances of
winning your case. If you are careful, you will probably do better than
that.
As to cost, you have to decide whether it is worth it
to guarantee that your back check is less, but to increase the chance
of getting anything at all, by hiring a lawyer. For most folks,
avoiding the catastrophe which you have just suffered is more important
than losing 25% of the back time, and so they hire a lawyer to increase
their odds of winning. A compromise approach is to try once yourself,
and if you are turned down, hire an attorney.
A seperate
question, which should not get tangled up in your decisionmaking
process is whether it is fair to have to get a lawyer. The answer to
that question is, "of course not." Life is profoundly unfair in many
ways, and if it were fair there would be no lawyers; look how many
there are. |
barbieforjesus
Unregistered guest
Rating: N/A
Votes: 0 (Vote!) | | Posted on Monday, January 03, 2005 - 11:04 pm: |
|
I
am 30 years of age and was involved in a rape about 5 years ago but
gone psycoligic help since 194 and been and out of stress unit off and
on and I have PTSD and I am afraid of going out in public..I stay at
home and never go out unless I am going to the Doctor and my mom helps
me with alot of my duties and I appied for SSI and they gave me a
appointment to a psycolgist and after he I saw him he said I had a
phobia of going out in public and that his op[inion that what he saw
was very beneficial to recieving it and should help alot ..would there
be a possibily i will denied and should i get a lawyer if i am denied
and what will the lawyer do to help me... i also am not sure about
missiouri laws but was wondering how much i would get if i dont get
denied or if mmy appeal will will not be denied the second
time...Should I try to do the first appeal on my own and if denied
after the apeal is that when I should get a lawyer..I know they get
about 25 % of my backpay and wonder if i should try doing the first
appeal on my own since the pycoligist said his saying should be very
benefically to me ..also do anyone think possibly since that
psycoligist said this to me would i probablty notget denied..would they
go on his word since he will give a good report to ssi on it since they
got him for me?..i am new to this so can anyone give me answers to my
questions... i have major depression and a very severe phobia of going
out and i get very bad panic attacks if i go out in public around crows
and even at dr app ..if anyone had this same illness and could help me
out to give advice you may leave a message here or email me...I am not
good with decisions and scared what I should do...everyone saids get a
lawyer but some say try the first apeal on your own first incase you
get it that time because you dont have to worry on paying some to the
lawyer..i just started appying in oct 2004 and just saw that
psycoligist last week and not sure how long before i hear back...i get
nervous when i talk to ppl so not sure what to do..can someone help me
here |
Paul McChesney (Admin)
Board Administrator
Username: Admin
Post Number: 988
Registered: 5-2004
Rating: N/A
Votes: 0 (Vote!) | | Posted on Sunday, January 30, 2005 - 3:36 pm: |
|
Q. Would there be a possibily i will denied and should i get a lawyer
A.
I would. A good lawyer will have been there hundreds or thousands of
times; you never. You have tried on your own and failed; there must be
something you need to do and you don't know what. If you lose it is
catastrophe that will take years to straighten out, if ever. Women hire
doctors to help deliver their babys when chances are their husbands
could deliver a healthy baby 80% of the time. But the outcome is so
important that you hire a doctor.
Q. If i am denied and what will the lawyer do to help me...
A.
Depends on how good she is. If very good, she will tell you what
medical treatment you need to get and how to get it, gather records,
review the Administration's records, figure out what is missing, get
it, explain what you need to talk about at the hearing, practice it
with you, go with you to the hearing and ask all the right questions,
possibly file a brief with the judge or make an oral argument
explaining why you are disabled and what evidence proves it, set up the
case so if it is denied it might be reversed on appeal, and appeal and
file a brief if denied.
Other lawyers just show up. So be careful. Please see my website at Hire a Lawyer.
Q. I also am not sure about missiouri laws but was wondering how much i would get if i dont get denied
A.
Impossible to say unless we know how much you earned or what your
income and resources are. If you and yours have no income or resources
you will get at least $550 or $600 in any state, up to a maximum that
is rarely over $2,000.
Q. Should I try to do the first appeal on my own
and if denied after the apeal is that when I should get a lawyer?
A.
Probably OK to wait until you are turned down the first time to hire an
attorney, but I would do so right after you are turned down the first
time.
Q. ..I know they get about 25 % of my backpay
A. That's usually the fee.
Q.
and wonder if i should try doing the first appeal on my own since the
pycoligist said his saying should be very benefically to me
A. That's a decent reason to try on your own the first time.
Q.
Also do anyone think possibly since that psycoligist said this to me
would i probablty notget denied..would they go on his word since he
will give a good report to ssi on it since they got him for me?..
A.
I would think that if I had not seen them ignore their own doctors'
opinions so often. Remember not to despair if your are denied. It is ok
to hope you will win the first time, but don't count on it. |
jody
Unregistered guest
Rating: N/A
Votes: 0 (Vote!) | | Posted on Monday, January 10, 2005 - 8:52 pm: |
|
i
had carpal tunnel release 11-18-04 from a job related injury, now i
cannot hardly do anything with my left arm or hand. workers comp has
just today placed a wc nurse with me i have had 3 recurring rounds of
shingles from where the doctor had to cut the median nerve, they are so
painful and now i'm so depressed that my doctor has referred me to
counseling which wc has approved my question to you is i know i have a
physical injury and that is compensable. but will they have to pay me
more in the end for the mental injury? |
Paul McChesney (Admin)
Board Administrator
Username: Admin
Post Number: 987
Registered: 5-2004
Rating: N/A
Votes: 0 (Vote!) | | Posted on Sunday, January 30, 2005 - 3:10 pm: |
|
I
cannot answer, since I do not know where you live; Worker's
Compensation laws vary by state. I would start out trying to claim it
was covered, and not give up unless a lawyer or two tells you
positively that you cannot get coverge for the mental problem. |
Amy D (Unregistered Guest)
Unregistered guest
Rating: N/A
Votes: 0 (Vote!) | | Posted on Sunday, April 10, 2005 - 2:27 pm: |
|
I'm
31 and recently applied for SSDI based on the recommendation of my
psychiatrist. I suffer from depression, anxiety, PTSD, and am being
screened for ADD, and I take several medications; I have been treated
by this doctor for several years and have taken many, many medications.
I went to medical school and had to take a medical leave of
absence. I went back and then had to quit because of my illnesses.
Since then, I have had a string of jobs (none lasting more than a year)
that I had to quit (or was let go) due to my illnesses; as time went on
my jobs became more menial/simple/low-paying and the length of time
worked shorter.
My question: at this point in the game, should I
hire an attorney? I have already submitted the initial application and
worksheets on (1.) my daily living skills and (2.)jobs I've held. |
Paul McChesney (Admin)
Board Administrator
Username: Admin
Post Number: 1083
Registered: 5-2004
Rating: 
Votes: 1 (Vote!) | | Posted on Sunday, April 24, 2005 - 8:29 am: |
|
There
are arguments that you should hire an attorney right away, to better
control the development of the evidence in your case, or perhaps to
hire an attorney after you are denied the first time, so you can see if
you can win it on your own. But certainly, if you are turned down,
there is something that you need to show, and you don't know what it
is, so you should hire an attorney. |
Brenda Rupert (Unregistered Guest)
Unregistered guest
Rating: N/A
Votes: 0 (Vote!) | | Posted on Monday, May 09, 2005 - 12:56 pm: |
|
I'am
39 and I have waited almost 2 years now. I'm on the request for a
hearing. I worked for 20 years in a manufacturing plant. I know my age
will hurt me. I have fibro, cervical spine spondlysis and somedays can
barely function. I just can't understand how the ssi office can see
that I can possibly work.. |
Paul McChesney (Admin)
Board Administrator
Username: Admin
Post Number: 1180
Registered: 5-2004
Rating: N/A
Votes: 0 (Vote!) | | Posted on Sunday, May 29, 2005 - 7:32 am: |
|
Brenda,
And yet they have, twice. It is fairly urgent that you get a lawyer. He
or she can copy your file, sit down with it, figure out why you have
been denied, and fix the problem.
I will be happy to do that if you live in the Carolinas.
Take care and good luck. |
willie gonzales (Unregistered Guest)
Unregistered guest
Rating: N/A
Votes: 0 (Vote!) | | Posted on Saturday, May 21, 2005 - 8:41 am: |
|
I
am now waiting for a decision on the disability hearing this past
month. I know I can't work, and only I know exactly how I feel. The
hearing judge did his job, and collected all the information. If I am
denied disability, I will continue to fight, but we have to eat, and
going out to work is very hard for me to do because of my bad health. I
am 56 years old, and have been a bus driver almost all of my life and
now won't be able to drive a vehicle for a living because of my heart
problem and being on insulin. Five operations in my right hand adds to
the problems I now face. High blood pressure, and kidney problems also
contribute much to my being disable. |
Paul McChesney (Admin)
Board Administrator
Username: Admin
Post Number: 1178
Registered: 5-2004
Rating: N/A
Votes: 0 (Vote!) | | Posted on Sunday, May 29, 2005 - 7:25 am: |
|
Right;
it is important to keep appealing, in most cases. Certainly you need an
attorney if you appeal to the Appeals Council, the next step after a
hearing. Many attorneys do not handle claims beyond the hearing level.
If yours does not, be sure to get one who has experience at the Appeals
Council. There are certain arguments that they respond to, and many
that they do not. |
jessica ireland (Unregistered Guest)
Unregistered guest
Rating: N/A
Votes: 0 (Vote!) | | Posted on Sunday, June 19, 2005 - 4:05 am: |
|
I
see the ssa doc tomorrow and am supposed to get a decision in July or
August. I don't have a case worker or a doc advocating for me.
Should I get an attorney? Will one take the case and be able to help at this stage? |
Paul McChesney (Admin)
Board Administrator
Username: Admin
Post Number: 1230
Registered: 5-2004
Rating: N/A
Votes: 0 (Vote!) | | Posted on Saturday, July 02, 2005 - 9:02 am: |
|
Jessica:
I
think there is an argument that you should get a lawyer immediately,
and an argument for waiting until you are turned down once. But once
you have proved, by losing, that you are going to have difficulty on
your own, I think you should get a lawyer. |
georgeann joyner (Unregistered Guest)
Unregistered guest
Rating: N/A
Votes: 0 (Vote!) | | Posted on Saturday, September 03, 2005 - 8:35 pm: |
|
i
was diagnosed seven years ago for lupus, i am really starting to feel
the effects of , iave had depression severe headaches now i am having
trouble walking because of my feet & legs and several problems do
you think i should file for dissabily, i am 59 years old thank you |
Paul McChesney (Admin)
Board Administrator
Username: Admin
Post Number: 1469
Registered: 5-2004
Rating: N/A
Votes: 0 (Vote!) | | Posted on Saturday, September 24, 2005 - 11:57 am: |
|
If you are not working, probably so. If you are working you might have a difficult choice. |
Anonymous
Rating: N/A
Votes: 0 (Vote!) | | Posted on Thursday, October 06, 2005 - 11:06 am: |
|
to paul:
i am 54., b.s. degree., cpa., applied for disability., took mri., problems of disc
bulge from c3-6., symtoms., pain in arms.,
hands., lower back., shoulders., burning in
back., feet pain., headaches., high bp.,
high chorestol., mri of brain., cerebral
atrohy., depression., anxiety., bipolar.,
medine = norvas., lipator., xanx.,valium.,
prosac., buspar and others., current under
doctors care for phyc and int med., should
i get a lawyer. |
robbynbrown (Unregistered Guest)
Unregistered guest
Rating: N/A
Votes: 0 (Vote!) | | Posted on Tuesday, May 02, 2006 - 11:37 am: |
|
i have had fibromyalgia for years now, and recently been diagnosed with rheumatoid arthritis. i have continued working but now it is getting to be to hard on me. i take several medications to alleviate pain, but sometimes it is just not enough. i have a stressful job, one that requires sitting for long periods of time. this just kills me. i have a hard time walking if i have been sitting for to long, driving also is painful for me. we work long hours and i'm just exhausted by the end of the day. i mentioned to my rheumatologist that i was thinking about applying for s.s. my dilema is that if i am employed how do i go about it, and how would i keep medical insurance. should i take a leave of abscence. i cant just quit work i need the medical insurance. any suggestions would be of great help. thanks robbyn |
AdrieneStewart
Rating: N/A
Votes: 0 (Vote!) | | Posted on Tuesday, June 03, 2003 - 7:55 pm: |
|
Hi my name is Adriene, I worked for 25 years and four years ago I developed thrombocytosis and endometriosis. I had surgery and I have a 15% disability in both of my hands that I had carpal tunnel surgery on. In the meantime I had a hysterectomy and still have essential thrombocythemia. In the past two years I have developed severe depression and panic attacks that I have every single day of the week. Some times I cannot get out of bed for two or three days straight I have been going to a Psychiatrist and counsellor for about 10 months and have been out of work for four years. I finally just filed for ssi disability I am backed by my primary care physician and also my psychiatrist. Do you think I need a lawyer or are my conditions severe enough to get this without?? Help me let me know what you think.
thanks |
Paul McChesney (Admin)
Rating: N/A
Votes: 0 (Vote!) | | Posted on Wednesday, June 04, 2003 - 4:58 pm: |
|
Adriene, if you cannot get out of bed, you cannot work. But of course you must prove this; be sure your psychiatrist is backing you up, and that no doctor is asying anything to hurt you. Often the reason you lose is because of some report in your record that you don't know about. Should you get a lawyer? You get more or less one chance at winning a disability claim, and if you don't succeed the effect is catastrophic. Chances are you could have a baby without a doctor's help, but so much is riding on it that a doctor makes sense. Same thing in a disability case. So I always answer yes to that question.
Take care. |
Anonymous
Rating: N/A
Votes: 0 (Vote!) | | Posted on Tuesday, March 01, 2005 - 10:18 am: |
|
Is it advisable to get an attorney to view one's initial application for SSDI before submitting it?
Does alimony count as earned income by the SSDI administration when determining whether or not someone makes too much to receive their check?
I understand that a person on disability can earn a limited amount of income.
Do you recommend that a person put any assets in a trust fund when they are disabled and do not have health insurance? The thought is that this would protect them from being sued if they acquire large medical bills in the period they are searching for an insurance company that would insure them and waiting for their claim to be accepted. |
Paul McChesney (Admin)
Board Administrator
Username: Admin
Post Number: 1029
Registered: 5-2004
Rating: N/A
Votes: 0 (Vote!) | | Posted on Saturday, March 05, 2005 - 9:13 am: |
|
Q. Is it advisable to get an attorney to view one's initial application for SSDI before submitting it?
A. It would do not harm, though there is rarely anything in the application that can hurt you much. However, an attorney can give you advice about what to do in order to have the best chance of winning your case, and that is important.
Q. Does alimony count as earned income by the SSDI administration when determining whether or not someone makes too much to receive their check?
A. For SSI, but not for DIB, they consider most sources of income in deciding whether you can get a check. Alimony counts as unearned income for that purpose.
Q. I understand that a person on disability can earn a limited amount of income.
A. That is correct, but the amount needs to be more limited than most people think, and sort of needs to be erratic. There is more about this subject elsewhere on this site.
Q. Do you recommend that a person put any assets in a trust fund when they are disabled and do not have health insurance? The thought is that this would protect them from being sued if they acquire large medical bills in the period they are searching for an insurance company that would insure them and waiting for their claim to be accepted.
A. This is a complex subject that beyond my area of expertise, and so important that I do not want to guess and mislead someone. |
Pamela (Unregistered Guest)
Unregistered guest
Rating: N/A
Votes: 0 (Vote!) | | Posted on Monday, April 10, 2006 - 11:39 am: |
|
My husband passed away, which was my minor child stepfather. He tried to get him added to his SS before he passed away. The problem was he was only 40% disable by the Veteran Administration before his death. But, since he had to claim put in before his death. The VA completed his claim shortly after he passed away; which, the outcome was he is 100% disable by the back date the VA did, which show he did provide more then half of my child care. I have to go to and appeal board with SS. Should, I get and Attorney to go with me about this claim? |
Sandy Sweetland (Steelkat)
New member
Username: Steelkat
Post Number: 1
Registered: 8-2006
Rating: N/A
Votes: 0 (Vote!) | | Posted on Wednesday, August 23, 2006 - 8:22 pm: |
|
Hi, Paul. I am receiving SSDI for 1 yr. I have severe arthritis in my back & lt knee & mod in rt knee, weigh > 300 lbs, am a 5'4" 59 yr old woman, had oral cancer 4 times and 24 oral surgeries, suffer from post gb dumping syndrome which prevents eating out or car trips over 30 minutes (need unrestricted BR access 24/7), cannot do stairs, can't sit for long, can't life over 10 #, have carpal tunnel syndrome both hands, take thyroid
med, hearing loss both ears, retinal tear in lt eye, arthritic shoulders that preclude any reaching or holding phone to my ear for long (my hands go numb), can no longer wear a bra because of pain (and I am big busted), can't stand in one place for more than a few minutes, must keep my feet elevated because of lower leg edema (I take diuetics), must lay down through out the day to relieve pain.
I am receiving LTD through my employer (my previous job 8 hr on my feet). The insurance company says benefit will cease after 2 yrs because they say I can do sedentary work....like in an office. They made this decision without reviewing my entire med history. I couldn't sit for 8 hrs. nor use a mouse for any length of time. I have HS diploma & no clerical skills. I missed a lot of work and would have to lie to about it to get any job. Do you think it would be worth the stress and expense of hiring an attorney for the extra $450 a month I would get from disability company (to sue) when I can start collecting company pension to replace some of that lost disability income? The smart *ss kid from the insurance company (when I told him I could not sit for more than 30 min at a time) told me, "You won't be chained to your desk." I resented his tone. Should I bother to fight them? Do I stand a chance of winning? And at what emotional cost? Thank you very much for your advice again, Paul. |
Sandy Sweetland (Steelkat)
New member
Username: Steelkat
Post Number: 2
Registered: 8-2006
Rating: N/A
Votes: 0 (Vote!) | | Posted on Wednesday, August 23, 2006 - 10:41 pm: |
|
I just read in another string that company disability is normally less difficult to get than social security disability. Not with my company. I was approved 6 weeks after applying for SSD. It took months to get the insurance company to approve LTD. I just found out that it will end after two years. They have already decided that I can sit at a desk and "do clerical work or find a job as a taxi cab dispatcher". I don't have any clerical skills and there aren't any taxi cab companies within 20 miles of where I live. They don't care what my doctors say I can or cannot do. How can they get away with this? They have made a capricious and cavalier decision with complete disregard of my medical limitations. If I could send them a large load of manure and dump it on their desks...I surely would. |
Anonymous
Rating: N/A
Votes: 0 (Vote!) | | Posted on Tuesday, June 13, 2006 - 2:06 pm: |
|
My denial letter stated that while my doctor states I am unable to work, a review of the medical evidence shows that I do not meet the requirements.
I have osteoarthritis that has caused my left ankle to be fused and have had both knees replaced. I cannot walk distances and have a severe limp. I cannot kneel or squat and if I fall I cannot get up. I am also obese. I have sleep apnea and high blood pressure which is controlled with a cpap and medication. I went to a physical with their doctor. I have no degree and the title of bookkeeper in a grocery store is a lot different than general bookkeeping.
I know I want to appeal and need help but I have only been out since Feb and would not be receiving a large back pay amount to entice a lawyer to take my case. Is there no cost or low cost assistance anywhere to help? Thank you for your time. |
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