SSDI -- does anyone during the initial app. retain a lawyer?

[agate]

You probably already know that Soc. Sec. will want to send you to their own doctors (and often psychologists as well). Or are you at that phase already?

[agate]

The MS Association of America (MSAA) has just come out with an MS Resource Locator Website, and this is what is in the "Legal" section about Social Security disability claims.

Protection and Advocacy
Each state is awarded federal funding to provide a protection and advocacy office for individuals with disabilities. These offices may assist with providing legal counsel or advocacy in matters of human rights. Additionally, the offices may offer information and referral services or may provide mediation or other non-legal interventions for individuals with disabilities.


Social Security Disability Insurance/ Supplemental Security Income
Social Security Disability Insurance/ Supplemental Security Income

• Social Security determines a claim by reviewing your SSDI/SSI application and supportive medical records
• Nearly 60% of people who apply for SSDI and SSI are denied in their initial claim for disability
• Most people will seek the assistance of an attorney throughout the appeals process
• There are four steps to appeal a denial decision from Social Security

The Social Security Administration outlines several determining factors for adults who are applying for Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI):

• The adult has a physical or mental impairment, or combination of impairments.
• The impairments prevent him or her from working.
• The impairment has lasted or is expected to last for at least one year or is expected to result in death.

As you can see, having an MS diagnosis alone is not sufficient reason to be awarded Social Security Disability Insurance/Supplemental Security Income. Therefore, an individual diagnosed with MS will have to present evidence of how their symptoms and disabilities impact their ability to maintain substantial gainful employment.
How do I apply?
Social Security determines a claim by reviewing your SSDI/SSI application and supportive medical records. Medical records will be one of the most vital resources utilized when determining a disability claim; therefore, it is important to confirm that your doctor is supportive of your claim and in agreement that you should apply for disability. Additionally, your medical records should be descriptive and accurate. A chart note which simply says “fatigue” may be easily misinterpreted by someone unfamiliar with MS. It is also important to note that if you did not tell your doctor about a symptom or exacerbation, it is as if the issue never occurred.
MS can cause an unpredictable array of symptoms and issues from day-to-day. The unpredictable nature of the disease course should be accurately reflected in your medical charts and your SSDI/SSI application. Lastly, when you complete SSDI/SSI application paperwork do not minimize or under-report any symptoms and issues you experience.
What do I do if I get denied?
It is estimated that nearly 60% of people who apply for SSDI and SSI are denied in their initial claim for disability. Most people will seek the assistance of an attorney throughout the appeals process. Attorneys typically do not charge a fee unless a claimant is awarded social security benefits. The attorney should establish a payment agreement at the time of hire. Generally, the payment will be a specific percentage of your first payment from Social Security, which will be retroactive to the date you first applied for SSI or SSDI benefits.
How do I appeal a denial?
There are four steps to appeal a denial decision from Social Security; you must proceed through each step in order to move forward to the next step of the appeal process. An attorney may be hired at any point in the appeal process, but this usually would occur after the Reconsideration stage of appeal:

• Reconsideration
• Hearing
• Appeals Council Review
• District Court Case

Reconsideration:

• A Social Security adjudicator (staff person) will review your medical records and make a new determination about your disability claim. It will not be the person who made the last determination on your case.

Hearing:

• A hearing will be held in front of an Administrative Law Judge. An in-person appointment is made if you want to meet face-to-face with the judge. The judge can meet with you or an agreed upon representative before making a determination.

Appeals Council Review:

• Someone from the Office of Disability Adjudication and Review will review your medical records (old and newly submitted) and notify you in writing of the case decision.

District Court Case:

• An attorney is required at this level of appeal. He or she must file a case against Social Security in District Court. The case will be heard by a district court judge.

Other Legal
Other Legal

• The American Bar Association is a good resource when looking for an attorney
• If you feel you were treated unfairly or improperly in a medical setting, or were provided with medical misinformation, you can make a complaint to the health facility directly
• to report your concerns against a physician, medical facility, or other healthcare practitioner, you can contact your state’s medical licensing board
• If you have a legal claim and are low income, you may qualify for some form of Legal Aid assistance
• In certain cases, if you are unable to afford legal counsel, you may ask to see if you are entitled to free legal representation

How do I find an attorney?
As a person with a chronic illness you may experience other areas of legal concern where you are not sure how to address the situation. The American Bar Association, which is the national accrediting body for attorneys, maintains a legal referral service where you can Only registered and activated users can see links., Click Here To Register...who are licensed in your state: Only registered and activated users can see links., Click Here To Register...
What do I do if I feel I have been mistreated in a medical situation?
In some circumstances, you may find that you feel you were treated unfairly or improperly in a medical setting or were provided with medical misinformation or mistreatment. When making a complaint, you should contact the health facility directly to see if they have an internal grievance procedure or protocol for how to address medical complaints.
Additionally, if you want to report your concerns against a physician, medical facility, or other healthcare practitioner, you can contact your state’sOnly registered and activated users can see links., Click Here To Register... to report your concerns. For more information, please visit:Only registered and activated users can see links., Click Here To Register...Only registered and activated users can see links., Click Here To Register...
What if I can’t afford an attorney?
If you have a legal claim and are low income, you may qualify for some form of Legal Aid assistance. You can perform an internet search for “Legal Aid” and your location (state or city) to see if there is an office which provides pro bono or low cost legal assistance in your area.
Legal Aid offices typically specialize in civil cases (employment, family law, consumer law, etc.) or in criminal cases only, so you will need to identify what type of legal issue you are experiencing and select a legal advocate/organization accordingly.



In certain types of court or legal cases, if you are unable to afford legal counsel, you may speak with the court or court clerk directly to see if you are entitled to free legal representation. The court-appointed attorney assigned to your case may only meet with you briefly on the day of your hearing; therefore, you may wish to complete your search for legal counsel prior to attending a court hearing.

From Only registered and activated users can see links., Click Here To Register...

[lawnerd]

I think most folks make the initial application on their own because Soc Sec will not allow attys to be paid for work on initial application [at least not directly by Soc Sec from your benefit money].

However, this doesn't mean you shouldn't consult with an atty. Things may have changed since I got my info. Also, even if atty doesn't officially take your case at first, he or she may give you some good advice about how to start the ball rolling on your own because if the atty is needed later your having followed that initial advice will make atty's job easier.

You do want to be complete and detailed and provide full documentation via copies of medical records.

good luck.

lawnerd

[Gary]

I am one of the rare individuals that never had to appeal. I called and got the forms sent to me. I took them to SS office on a Monday they called on Thursday and said your first check will be deposited in 6 months. The only down side was waiting 2 years for Medicare. I had paid into ****** disability insurance for some 30 years. After 4 months (their 2 month waiting period) I drew disability check and it stopped when SS started. Never seemed right as even with both it came no where near my salary during my working days.

But the big problem is no insurance for 2 years.

[agate]

That 2-year wait is very unfair. I recall being hit hard by it. Wasn't there some talk of ending the 2-year wait for Medicare?

[Dealinwithit]

Get an attorney NOW! Someone posted a reply that attorneys receive half of what you receive. That is incorrect. Attorney can only get up to 20% or $6,000 of back pay. Please find an experienced disability attorney now because how you prepare your paperwork matters. Often times people qualify automatically now because of a short list that is referred to of specific conditions that are automatically disabling. The functionality report is one of the most important pieces if evidence SSA relies on. It's not what is disabling you per we that matters but how it affects your ability to function daily or perform work duties.

Everyone assumes they qualify just because they have a laundry list of records and by all accounts believe and probably are disabled. However, when you fill out your functional report you'll be asked questions like "can you prepare your own meals?" You put yes, SSA determines you can function enough to feed yourself so you might be able to file papers at work. Functional report asks what kinds of things are you able to do. It may be true that you're only able to get out once a week to attend church but to SSA that's enough functioning in their eyes that if you can attend and sit through a two hour church session then you are functioning. I could go and on how your answers to the functional report will be used against you. The support of your doctors weighs heavily on the determination but its jot enough that your doctor "tells you you should be on disability" it matters what is records say, if hes willing to fill out a doctors residual functional capacity report (can be found online just type in google) and provide supporting records, tests, supporting documentation etc. and evidence and opinions that your disability will last more than 12 months or you're expected to die.

Fact is, it isn't at all what your disability is (unless your disability is on their short list of automatically qualifying disabling disease or disorder and you're symptomatic) it's how the disability effects your ability to function daily at home or not function and perform daily and how your disability keeps you from performing basic work duties. Please don't go at it alone at first it does make a difference. I can assure you, you're likely to be turned down the first time almost everyone is, so if you do get turned down you only have 60 days to file an appeal. Chances of getting approved the first time around are higher if SSA is provided the most accurate picture of your disability and if you answer yes and prove yes to their matrix.

Do not wait to file an appeal to hire an attorney and whatever you do, don't reapply if denied always appeal. The clock starts ticking when you first file and SSA will date your disability. If you're approved SSA gives back pay from 5 months behind the date SSA dates you disabled. Not only that but refilling instead of appealing hurts you because of many factors the one that comes to mind first is the work credits and qualifying during a specific time period in which you still have work credits. Appealing preserves everything so even if you're turned down twice and must wait for SSA hearing you're protected in that time frame versus the longer you're out of work the quicker your work credits dwindle. SSA pay amount is determined by work credits and your income over your life time so the longer you wait to apply after becoming unemployed due disability will go against you. Time is of the essence! As for records while records over the course of 20+ years can be helpful to you if you're filing for disability for the "same problems" and you have current records showing progression. Otherwise records past 10 years are irrelivent because SSA only considers records in last 10 years but specificallt records within 5 years are what they consider and moreso the records for the last year is really what is important to SSA and up to current time. Point is many factors come into play and it is to your benefit to find an attorney now and not when you're denied.

Many applicants are denied the first time simply because they didn't provide SSA with the correct data or a clear picture of your disability and often times or most of the time an experienced SS attorney can do this for you straight out the gate. Make sure check out any attorney you're interested in hiring before you sign papers. If they make promises that "your case is a sure deal" run away. No attorney can guarantee the outcome and many factors can play a role a long the way that cause delay but one of the most prevalent is attorneys making promises on what they'll get for you and not coming through and making promises on the outcome. So do your homework and learn how SSA determines disability and never assume just because you have an attorney they're going to do it all for you because they're busy and often have too heavy of a case load and no one knows your case (disability) like you.

Your work credits are determined based on employment over the course of five years out of ten. If you don't have work credits you don't automatically qualify for SSD. To qualify for that you can't be married unless they too are disabled or have property worth over $3500 and no income over $500 per month. As you can a lot of variables go into being determined disabled according to SSA. The most important is how your disability affects how you function.

Youre better off getting an attorney now rather than later. Everyone is different so don't base your decision on what did or didn't happen in someone else's situation.

Good luck

[agent107]

all,

wrote a very long [for me] which has not appeared -- i type one fingered --

because of time my reply did not come through -- can't repeat it now -- damn -- will try again later . . .

agent107

[agate]

agent, have you tried "Click here to restore auto-saved content"? It's a banner that appears at the bottom of your message window. You might be able to get your post back.

I've had good luck with this new feature.

[SalpalSally]

I've had to do that a few times, Agate.
In my condition, it's a great feature.

[agent107]

agate,

thanks for the tip re pull up lost text -- i'm dead exhausted -- wretched ssdi day -- if i'm not comatose tomorrow i'll try to report back -- sweet dreams to those in PST --

agent107

[stillstANNding]

Agent,

Good Morning.:) The coffee is very, very good here in ET. I hope your day is better.
ANN

[Abby2006]

I applied when I only had MS and fibro and chronic fatigue I had heard that it was hard and I would ned a lawyer but I filed and they sent me to their doctors and withhin 3 months I was on ssdi

Abby

[agent107]

You have no idea

Greetings folks,

You have no idea of how grateful I am to all of you. Your support helped me along the grueling process.

But, unbelievably, I got my SSDI even before all my documents had been submitted! I'm on the moon. Pinch me I'm dreaming. Etc. I'm also thrilled about Tim Lincecum's no-hittter last night (yeah, Go Giants) . . . .

I would not have been able to live without the cash.

Next, I have to tangle with the Housing God in search of accessible (and affordable) housing.

I hardly have words.

Thank you from the bottom of my heart.

in unity and peace ,

agent107

[SalpalSally]

Great News Agent. Good Luck with the housing search.