SOCIAL SECURITY DISABILITY

October 29, 2000

Well that blows me away. How do they determine this? Who? How often?

I may work 30 hours one week, 15 the next.

Someone making minimum wage can easily work over 35 hours a week and stay

under the 700 criteria.

When I applied, I was working, they based their decision on the job I had,

the amount I made and the hours I worked. None of that information has

changed except I got a .22 cent raise (WOW) so my hours reduced slightly. I

wonder if I keep my current job, as they understood it at the time of

application and at the time they awarded me benefits that I can conisder

myself able to carry on as was.....

I have an appt with them in one week to submit my childs birth certif to get

him benefits under my work record. I could ask then, but affraid to alert

them to ANYTHING that would ultimately disqualify me from receiving

benefits.

Perhaps the answer is to quit my job. Depsite the benefits I get from it

(health, self esteem). My issue is not mainly fatique but inability to lift

over 20lbs etc....

Thanks for the input, I hope I haven't already jeopardized my benefits. But

I do see your point and your explanation was well done.

Jen

P.S. Does one have to submit pay stubs or other proof of income monthly,

bi-monthly, annually etc to SSI?

On Sun, 29 Oct 2000 14:07:49 -0600, egroups wrote:

> If you regularly work hours approaching the number that you worked prior

to

> receiving SSDI, the amount you make becomes irrelevant. For example, if

you

> volunteered for 30 hours per week, you may loose your benefits, because

they

> will assume you can work at a full time job. The $700 is merely a

guideline.

> I help my wife with a home based business. I may decide to draw no pay to

> stay below $700, but if they deem that I participate a " substantial "

number

> of hours, that I could also do the same in the general workforce and

> therefore am not disabled. Since I can only manage a couple of hours at a

> time, I'm certainly in no danger! But, I think you can see that the

" real "

> criteria is being able to work full time, not necessarily the amount of

> money you make.

>

> Don

> Terradon Unlimited

> http://www.TerradonUnlimited.com

> " People who ask me how we can still have such a positive attitude after

all

> we've been through, have it all wrong.We've been able to get through all

> that we have BECAUSE we have a positive attitude " . Don Hanson 8/2000

> Re: [ ] Social Security Disability

> >

> > Dear Jen, I hope I am not being too nosey,but i wanted to ask you

a

> > question

> > about working while on disability. I have been receiving SSDI for

> about

> > 23

> > years. I got it at first for pulmonary problems and have added a

few

> > autoimmune diseases since then. I was re-evaluated this summer

for

> the

> > very

> > first time and they decided to continue my benefits. I have

called

> and

> > asked

> > several times over the years about working part time and I have

never

> > really

> > understood how it works.. The lady I spoke to this week said it is

a

> " gray

> > area " . Anyway, does this time you work count toward your trial

> period

> and

> > do

> > you have to report it every time you work? I kind of got the

> impression

> > that

> > it would be ok to just work a couple of days a week. Does your

> employer

> > turn

> > in your taxes and everything just like for anybody else? I was

> lucky

> and

> > subbed in a dental office for a few years and he would just take

it

> off

> > my

> > bill.. Sort of a barter thing. But he has hired more people and

they

> > don't

> > need me very much anymore. I would love to get out and do

something

> while

> > I

> > am feeling good. Any information is greatly appreciated. Thanks,

> Jane

> > Totten

> >

> > eGroups Sponsor

> >

March 21, 2001

Reply to arjosovitz.

This is repeating material I've posted earlier: My daughter was successful, after three years, in her SSDI application, based on a very severe case of chronic fatigue syndrome. She used a for-profit advocacy group called Allsup and thought very highly of them. She'll be glad to talk with any of you about her work with them. Just let me know if you want her e-mail address.

Harper (AIH 5/00)

March 22, 2001

Yes, I am currently on SSDI for AIH. It took 2 years, and a hearing before an administrative law judge to finally receive benefits. The initial application is rejected in anywhere from 70-80% of cases. It is important to appeal that decision. That appeal is also rejected in about the same percentage. It is important to not give up hope and appeal once again. At this point it is advisable to hire a disability lawyer. This appeal asks for a hearing before an administrative law judge. He will ask you questions, read your lawyers briefs, and may consult with an independant medical expert and/or an occupational therapist. It is only at this point that somebody can stray from the very strict criteria set forth in the "listed illnesses". Newer illnesses, like AIH, are not listed. Your lawyer will need to show that your condition is substantially similar to other liver or autoimmune or "fatigue" illnesses.

It's a long process. Your sister needs to realize that it is a process. I actually looked forward to getting my rejections. I knew that it was highly unlikely that I'd be approved until I had a hearing. So, each rejection got me one step closer to finally having a hearing.

Something on the order of 80% of people who have hearings are approved. So, the tide turns dramatically in your favor, if you stick it out.

BTW, your lawyer absolutely must understand the illness and believe in the case. If not, walk out and find a new lawyer. I found mine by asking the local chapter of the Lupus Foundation for a referral. There are enough similarities with Lupus and AIH, that my lawyer had no trouble understanding, sympathizing with, and preparing a strong case for me.

Don

Terradon Unlimited

Creative Embroidery

http://www.TerradonUnlimited.com

"People who ask me how we can still have such a positive attitude after all we’ve been through, have it all wrong…We’ve been able to get through all that we have BECAUSE we have a positive attitude". Don Hanson 8/2000

-----Original Message-----From: arjosovitz@... [mailto:arjosovitz@...]Sent: Wednesday, March 21, 2001 11:10 PM Subject: [ ] Social Security DisabilityI have been a member of this group for approximately a year. My sister has had this AIH for approximately 1 year. There have been good days and bad days. We always hope for more good days!She has applied for SS Disabilty 2 times. She has just been turned down for the second time today. All of us were shocked because she had letters from her doctor saying that she was unable to work and gave a description of the disease. The letter was really very powerful. Needless to say my sister is devastated.Nadine lives in Washington D.C. and is about to hire another disability lawyer. The first lawyer never really believed she was sick... (This is not the type of lawyer anyone should have!)We would like input from anyone and everyone about the do's and don't when applying for SSDI. Does anyone know how many people with AIH have SSDI? Does anyone know of lawyers who work with clients with this diesease? All input from anyone and everyone would be greatly apprecia

March 22, 2001

I don't know if this is helpful, but thought I'd send it in anyway.

Barbara Ann

AIH tx 12/94

BE AN ORGAN DONOR - OVER 75,000 WAITING!

Winning Your Social Security Disability Claim:

15 Mistakes You Cannot Afford to Make!

- by E. , Esq. and M. , Esq.

Mistake #1: Assuming that what SSA tells you is true.

Unfortunately, some of the advice that Social Security Administration

(SSA) employees provide to the public is incorrect. So if you aren't

happy with what SSA told you over the telephone, you'll be glad to know

it may not be correct. The problem is, many people don't file a

disability claim for years (and go without benefits they deserve)

simply because an SSA employee gave them bad information.

Advice: Don't give up on your claim until after you have reviewed your

case with a disability lawyer. Disability lawyers know more about the

law than SSA employees and will give you correct information.

Mistake #2: Assuming the Social Security Administration will approve

your claim.

Many people believe that because they have paid into SSA, their claim

should easily be approved when they apply for disability benefits. Many

people believe it's just a matter of filling out the forms and going

through the process. But this isn't true. SSA denies 70 to 75% of

first-time claims. SSA denies 82% of claims that are appealed for

Reconsideration. However, the good news is that when cases are heard

before judges, nationwide over half (53%) are approved.

Advice:

Appeal every denial within 60 days of receipt

Build a strong case by understanding what information Security Security

requires Make sure to present your case properly

Mistake #3: Assuming the disability forms you fill out will win your

case.

Usually they will not. Claimants hurt their case by overstating what

they can do. In most cases, SSA and judges rely heavily on medical

records as well as your doctor, psychiatrist, and/or psychologist's

opinion about your ability to work full-time. If the judge isn't happy

with you.if he doesn't believe what you're saying.or if he is looking

for a reason to deny your claim, he may look for inconsistencies in

answers you provided earlier on the forms.

For example, if you answer one way on the form and testify at a hearing

to something else, the judge may use the answer on the form to

undermine

your credibility and support a denial of your claim.

Advice: When completing the forms, be honest, accurate, and brief! You

should always answer the question in the space provided--do not attach

additional sheets of paper or write in the margins. Also, it is

important to assume you are back working full-time on a sustained basis

(8 hours per day, 5 days per week) when answering questions about what

you are capable of doing.

Mistake #4: Assuming that your medical and/or psychological symptoms

will be enough for the judge to approve your claim.

Not true. You need detailed medical records which document your

symptoms and limitations and specific opinions from your doctor,

psychiatrist, and/or psychologist if you hope to win your case. Their

opinions will only be given weight by the judge if you have received

continuous and consistent medical treatment. If you are not treating

regularly with your doctor, you are jeopardizing your case!

Advice: It is critical that you receive continuous and consistent

medical treatment and care so you can provide SSA and a judge with

current and complete medical records which support your doctors'

opinions.

Mistake #5: Assuming your diagnosis will win your claim.

It won't. It's true that SSA needs a diagnosis. But SSA also needs

medical proof that your diagnosis causes limitations that are so

significant and severe that they preclude your ability to work

full-time on a sustained basis.

Advice: Disability cases are won based on your limitations, not your

symptoms. Make sure you provide detailed medical records from your

doctor that reflect your symptoms, the diagnosis, and your limitations.

Mistake #6: Assuming SSA will be persuaded by any type of medical

treatment you choose.

It will not. You can choose any alternative therapies and holistic

treatments you desire. After all, you should do whatever it takes to

try to get better. However, be aware that SSA and judges are most

persuaded by mainstream doctors (M.D., D.O., psychologists) and how you

respond or fail to respond to mainstream treatment. If you are not

taking medications or are not receiving mainstream treatment by a

mainstream doctor, you may be jeopardizing your claim.

Advice: To win your claim, try to exhaust every medical treatment your

mainstream doctors recommend, so you can prove that in spite of doing

so, you continue to be unable to work full-time on a sustained basis.

Mistake #7: Assuming your family doctor's opinion is the only one you

need.

This may not be a good choice depending upon your diagnosis. If your

diagnosis is usually made and treated by a specialist (M.D., D.O.,

Ph.D.), you should treat with both a board certified specialist and

your family practitioner. From a legal standpoint, you want to show the

judge your diagnosis is correct and that you are receiving the best

possible

medical care. You have a stronger case when your doctor is a specialist

who is skilled and experienced at treating people who have your

condition. Social Security law generally gives more weight to the

opinions of a specialist than a general practitioner. As a result, SSA

and the judge will look more closely at the credentials of the doctor

who is providing the opinion.

Advice: Get your medical treatment from a specialist because the more

skill and experience your doctor has, the more likely you are to win

your claim.

Note: If you are a member of an HMO and they will not allow you to go

to a specialist, consult with your disability lawyer, who can help you

get appropriate treatment.

Mistake #8: Assuming your doctor will support your claim for disability

benefits.

He may not. Some doctors refuse to help patients with their disability

claims. Many doctors do not know SSA's definition of disability and

believe that one has to be bedridden to qualify. In general, doctors

are very conservative in their opinion about a patient's ability to

work.

Because SSA and a judge will want to know if your doctor supports your

claim, it is critical you know the same information! After you have

established a relationship with your doctor you should discuss with

them the fact that you have filed a claim for disability. Ask if they

will support your claim if they will not, you should consider finding

another doctor because their opinion is not likely to change! It is

critical your doctor supports your inability to work full time on a

sustained basis!

Advice: As soon as practicable, you should learn whether your doctor

supports your disability claim. If not, consider finding a more

compassionate doctor who will. One place to find a referral is to

attend a local support group for individuals who share your diagnosis.

Mistake #9: Assuming you have to go to SSA's doctor for a medical

examination.

Often, SSA wants to a claimant to go a disability examination with a

doctor/psychiatrist/psychologist it chooses. Unfortunately, the doctor

is not really " independent " and probably performs many of these

examinations for SSA each month. In my experience, the majority of the

time the doctor will conclude you are not disabled and can return to

work. Once this opinion is included in your file SSA and a judge will

have sufficient evidence to deny your claim.

Here's the good news: SSA rules allow your doctor to perform the

disability exam and SSA should pay for all or at least part of it.

Naturally, if your doctor supports your disability claim he will

probably conclude your condition precludes your ability to work. Once

your doctor's exam report is in your file with a conclusion that you

are disabled, SSA and a judge may have sufficient medical information

to approve your claim.

Advice: This strategy is only possible if you are certain your doctor

supports your claim and is willing to do the examination. If you do not

have a doctor or your doctor will not perform the examination you must

go to SSA's doctor or risk having your claim denied or closed out. This

strategy really should only be employed by a disability lawyer because

complex regulations are involved and must be complied with.

Mistake #10: Assuming an entire year has to pass before you can file a

disability claim.

Not true. SSA law requires that before you can be approved one of the

following must be true: (1) you have already been disabled and out of

work for one year, or (2) your doctors expect that you will be unable

to

work for a minimum of one year from the date you last worked, or (3)

your medical condition is expected to result in death. Too many people

have told me that an SSA employee said they could not file a claim

until one year had passed since they last worked. This information is

totally incorrect and if followed, will almost certainly cost you

disability benefits and medical insurance!

Advice: Apply for disability benefits as soon as you or your doctors

believe your medical and/or psychological condition will preclude you

from working for at least one year. Waiting to file will only cost you

benefits that you may not be able to recover.

Mistake #11: Assuming that if you lose before a judge at a hearing, you

can simply file another claim.

When you have a hearing before a SSA judge, you do not want to lose.

This is because, practically speaking, your best chance at winning is

at your first hearing before a judge. True, you can file a second

application if you lose at a hearing; however, the second time you go

through the process, SSA and a judge will know your first claim was

denied. In my opinion, this may have a detrimental effect on your

second claim as the second judge will know.

Advice: Make sure your case is properly prepared so you can present

your strongest case at the first hearing.

Mistake #12: Assuming you can handle your case without a disability

lawyer.

Most people can't. SSA disability laws are complex, even many lawyers

do not understand them. To win your claim, you need to very carefully

prepare your case from the very beginning. In addition, it is critical

to understand what you need to prove legally in order to win your case;

if you do not know what you need to prove why would you risk going

before SSA or a judge without knowing how to win your case? The fact

that you and your doctor agree you are disabled is not enough to win

your case.

Advice: Retain only an experienced disability lawyer. They will help

build your case, develop a case strategy, obtain a complete set of your

medical records and critical opinions from your doctor that will

maximize your chances of success. More often than not, your doctor will

not be familiar with the stringent criteria that SSA and a judge will

utilize in determining whether you meet their definition of disability.

Mistake #13: Assuming any lawyer can help you win your claim.

Not true. You want a disability lawyer who is familiar with SSA laws

and regulations. Similar to doctors, attorneys generally specialize in

a

certain area of the law. You wouldn't go to a dentist for a physical

examination, so do not pick just " any " attorney to represent you in

your disability

claim.

Advice: Choose a disability lawyer who's practice is dedicated to

representing clients because your odds of winning will increase. A

seasoned disability attorney will understand the strategy and tactics

that are crucial to helping you win your claim.

Mistake #14: Assuming you should not hire a lawyer until your case has

initially been denied.

Not true. You can hire a lawyer any time you wish. Unfortunately, many

employees at SSA will tell you that it is not necessary to hire an

attorney until you have been initially denied. Following this advice

could be fatal to your claim! Why? Because in general, SSA will begin

preparing a case against you from the day you file your application!

Advice: You should consult with and/or hire a disability attorney as

soon as possible after you file your application. The attorney can

explain how the process really works and lay the proper foundation for

your case by developing a case strategy. The attorney can also guide

your case through the myriad of rules and regulations that are certain

to have an effect on your entitlement to benefits.

Mistake #15: Assuming that you cannot afford a lawyer.

Not true. In almost every case, you will only pay the attorney a fee if

and when you have won your case and received benefits. SSA law limits

the amount of money your lawyer can earn from your disability claim.

Generally, by the time you win your claim you will have accrued back

benefits. The law mandates the fee can only be 25% of your past

benefits and is capped at $4,000. In other words, if your back benefits

total $1,000.00, the attorney's fee would be $250.00. The law does not

allow your lawyer to charge a fee on your future benefits.

What may be at stake? By way of example, assume a claimant is 45 years

old and their monthly disability benefit is $1,000.00. If the person

never returns to work before age 65, their disability benefits would

total $240,000.00! This amount does not include the value of the

lifetime health insurance they would also receive through Medicare or

Medicaid.

__________________________________________________

April 18, 2001

Just a few comments from personal experience from both my mom and I.

Neither of us used a lawyer. Age plays a role in it. My mom got hers right

away and her being 58 played a role in the ease of being acepted.

I tried twice and was accepted the second time when I was 37 and before I

had PA. I am on SSI as I had been having difficulties for several years so

had not worked enough hours to qualify for disability.

A couple of differences between the two times I applied. between the two

applications I was diagnosed with asthma. The first time they did not send

me to a doctor where the second time they did. Getting to a doctor is a

good thing it is much easier to see how diasbled a person is in person

rather than the diagnosis on a sheet of paper. Couple of things though is

to not lie but tell the complete truth. The first time I did not mention

some of the health problems I had because they were not debilitating by

themselves. Any problem that makes any aspect of a job they might remotely

think you can do is something that should be put down. I have problems with

my ears and one of the jobs I had previously held was as a receptionist but

difficulty hearing on the phone makes that difficult or impossible.

It would be great if they sent you to the doctor and it turned out to be on

a bad day. I did not use my inhaler for a few days prior to the appointment

so my lungs were in rough shape that day. Main reason for that was if I did

not get SSI I would not be able to afford the medication.

One thing is I have always been comfortable dealing with beauraucacies so

had no problem handling it myself. I even handled filing for bankruptcy on

my own last summer.

Lorna

Colfax, Wa

April 19, 2001

,

You may also want to check out

Disinissues-L

It's another group that's concerned with the in's and out's of

applying for disability.

-- Ron

> Carol, I am currently in the process of applying for SS

disability.

April 21, 2001

In a message dated 4/18/01 9:41:21 AM Pacific Daylight Time,

lschroe3@... writes:

<< Carol Shaw wrote: I'm with you 100 %...my husband is 36 - got hurt at a

new job of 2 weeks and developed (as per RD) the pa - we paid taxes, have 3

kids, got turned down 2 x's by SSI, medicaid, etc...going on 2 years - are

currently going for workmans comp, don't hold a lot of faith there tho - It's

maddening when you pay so much into taxes and can't get it when you really

need it !!!! (after being turned down the 2nd time he gave up...) (kept

saying he could work at McD's or somehting....) Not when you can't stand sit

or squat, use your hands, etc for any long period of time....)

--------------------------------------------------------

Carol, I am currently in the process of applying for SS disability. Was

turned down once about two years ago and have now reapplied with the urging

of my doctor, etc. My doctor gave me the name of an attorney who specializes

in this and that is what you need. They can only charge you $4,000 plus any

small expenses for copies, etc. It is well worth it to turn this over to an

attorney and do so immediately..........there is just a very short period to

appeal this. It is my understanding that SS turns down something like over

50% the first two times.......so your husband should not take it

personally...it is just a business to them! Good luck and hurry!!!!!

Schroeder

Poulsbo, WA.

-------- >>

I've just read the above briefly, but I also was turned down twice. It seems

to be standard for SS. I had to get a SS lawyer and go before a SS judge.

The lawyer and my case won and we were able to get retro SS benefits. It

really helped much in our family, and we even were able to buy a brand new

minivan the family really needed, from all the retro pay. At the time we had

4 children living at home and they also paid my spouse dependent benefits.

This was back in late 1993. It was worth the effort to get the lawyer and

all the work. At the time, my lawyer could only get no more than 25% of my

benefits given at the time. Keep bugging SS, you will get your benefits.

------Deborah

April 22, 2001

Don't give up. I was so mad when SSDI turned me down the first time,

that I fired off a letter to them asking them to live a day in my

life. I told them how at first I had to learn to use my left hand

(I'm right handed) to try to shave my legs (I couldn't use

dipilatories SP? with the psoriasis) with a razor and everything

else. Then when that hand got worse, how difficult it was for me to

even wipe my A$$. I got the disability on the second try & didn't

need a lawyer. This was back in 1991 & I had been off work for about

6 months & didn't even know about SSDI until after my Doctor told me

about it.

Best wishes,

Kathy

November 4, 2001

Before you do anything, and I mean anything, get a lawyer who specializes in

Social Security. Let the lawyer handle all paperwork and any contact. I

spent over three years fighting them over my rights, turned out that it was

all in the wording. SS is VERY picky over the I's and T's. They'll deny or

revoke your benefits in a heartbeat if the wording on your forms doesn't meet

their criteria, no matter what's your disability. I firmly believe that

their real purpose isn't to help those in need, but to keep the rolls as

small as possible; I also think that it's even harder to get back on SSD than

being accepted the first time.

Good luck,

luthien

November 5, 2001

The other suggestion I would make is to find out the name of the doctor, who the

local Social Security Administration uses to review the cases for them.

Locally, we have found that by using SS doctors rather than our own we cut the

number of hearings down by about 2/3s.

The SS may delay your claim by having their doctor review your doctor's

findings. Yet if their doctor states you are disabled, how are they going to

delay the process.

Good Luck.

>>> <luthienxxx@...> 11/05/01 07:19AM >>>

Before you do anything, and I mean anything, get a lawyer who specializes in

Social Security. Let the lawyer handle all paperwork and any contact. I spent

over three years fighting them over my rights, turned out that it was

all in the wording. SS is VERY picky over the I's and T's. They'll deny or

revoke your benefits in a heartbeat if the wording on your forms doesn't meet

their criteria, no matter what's your disability. I firmly believe that

their real purpose isn't to help those in need, but to keep the rolls as

small as possible; I also think that it's even harder to get back on SSD than

being accepted the first time.

Good luck,

luthien

===

November 5, 2001

Check out Social Security Online, by clicking on this link, if you

haven't already ~

http://www.ssa.gov

November 9, 2001

I agree with everything luthien said and may I add another suggestion?

If and when you come to the decision to hire an attorney find one who works

exclusively on Social Security issues AND on a contingency basis. No win, no

$$$$ to you. This is also a great way to see if your case has merit as if the

attorney does not think he can win it for you he will not take it 'cause he

wants paid.

I also fought for my own SS on my own for 3 years because I did not want to pay

an attorney and kept getting refused. I took my info to an attorney who ONLY

worked with SS and WALA I got my benefits in about 6 weeks. The way I looked at

hiring this attorney was that 75% of SOMETHING was better than 100% of nothing.

You may also want to know that an attorney who is handling a SS case is NOT

allowed to charge more than what the government guidelines allow. I am not sure

what that is now as mine was done about 11 years ago and I am not even sure

what it was back then but I am thinking about 25%.

Another thing that was great is that I received my benefits retroactive to six

months after I became disabled, so I got one lump sum. PLUS in Washington State

if you are low income your property taxes have a ceiling on them too. SO I got

$3000 rebate for the three years I was disabled but before my SS Disability

kicked in, on my property tax.

Good Luck.

Re: Social Security Disability