SS Disability determination info, anyone?

How long ago did she get that jaw implant? When did she first start experiencing problems? It may be worth looking into suing the doctor who did it, and/or the company who made it. I mention this first because there is a statute of limitations on tort claims, and though the statute is different in every state, the basic idea is that your friend has only X number of years to file a lawsuit over the jaw implant. So, for that she would need a personal injury lawyer (i.e. not a social security lawyer), and she should look into that ASAP, because if the statute of limitations period in her state passes before she files suit, she can never file suit about that.

Anyway, as to your other question. I wish I could point you in something I was sure was the right direction, but I can't. If you're determined to go this alone--which I really wouldn't recommend; I think your best bet is to get a social security lawyer (perhaps the one she has already) and use yourself as an "extra bonus" to do all sorts of legwork and brainwork for her case. But anyway, whether you're going it alone or using a lawyer, you may have some luck getting in touch with disability advocacy organizations. Here are some links:
http://www.dredf.org/
http://www.dralegal.org/about/index.php
http://disability-advocate.com/
http://www.socialsecurityhome.com/

Also, message me privately and I may be able to put you in touch with someone who knows the ropes better than I do. Best of luck.

If it is any consolation The SSA usually turns down the first application. And the second. When she gets to the third effort she should have some experience on how to deal with them and what she needs.

She might also seek out a social security disabilities advocate. They work for less than an attorney and tend to be more empathetic.

Hi Shwebb - You didn't really specify whether "the pain she's in" and the pain killers are for the back/disc problems or the jaw implant. There are many, many disability claims for back problems and a lot of them get rejected because the system doesn't believe the claimants are doing enough to help themselves (exercise, losing weight, re-hab, etc.) Break her statement of problems down into what's most significant and keeping her from working and what's secondary (or is there any interconnection between the two maladies). Then, spec out what she's done to try to take care of the primary problem - consultations with doctors, exercise programs, removal of the appliance, etc. Do the same thing for the secondary issue. Then take stock of where you are. I think this will also help you identify better what type of impairment code, etc. you're looking for. (You might even post some more info about her case here to see if it triggers any specific bells for anyone.) Good luck! Puma

I have SSI. I was rejected the first time I applied, they approved me the second time because I've had health issues since I was born-I was awarded $13,000 in back pay because it took FOUR YEARS for them to make a decision, three thousand of it went to the lawyer, and my backpay is spread out in installments. I also get about $600 per month. I cannot work very much because of my heart (I had an open heart surgery when I was almost two years old) and other health issues.

Your friend should try to get a lawyer who specializies in disability cases-she can go to the Deparment of Human Services (or whatever it's called in her state), they may be able to direct her to a lawyer who can work with her for free, or have her talk to her physician and ask for info about help for getting SSI. The lawyer might not have been that interested because, even if the lawyer wins, they often do not make a lot of money from working with clients who are trying to get SSI.

Some lawyers do their work for free if they're working with the Department of Human Services or another organization that helps the disabled. We had to pay my lawyer because we found him on our own, but the money came out of the back pay I received.

Delarege said:

If it is any consolation The SSA usually turns down the first application. And the second. When she gets to the third effort she should have some experience on how to deal with them and what she needs.

She might also seek out a social security disabilities advocate. They work for less than an attorney and tend to be more empathetic.

Click to expand...

About the auto-decline on first and second applications: Not necessarily true.

Yes, it is a difficult process. One that -- IMO -- needs to be simplified for the people applying while still insuring fraudulent claims aren't approved.

I transcribe physical and mental assessment reports for Social Security Disability applicants. (The company I work for has contracted with the state to do the physicals; in turn, they contract doctors and I do the transcription.) We never know who is or isn't accepted unless they call and tell us, but there have been some who have called and said they were approved on their first time.

Shwebb said:

So far, the one attorney she counseled with was quite unimpressive. And like I said, my friend doesn't seem to have the mental ability to see herself through this alone. (She's quite intelligent, but the pain level and the disability have robbed her of quite a lot.) So any info I can get for her is greatly appreciated.

Click to expand...

Has she also applied for mental/psychological reasons? Chronic pain definitely leads to depression. It won't guarantee she'll be approved but it will increase her chances if it's a valid issue. (Sorry, I had to say that since I am by no means an SSD professional in any form.)

I'm sorry I can't give any further information/sites than what has already been given. The only thing I can say is that she definitely needs to get an attorney or an advocate if she's appealing. It'll be in her best interests in the long run.

Puma said:

Break her statement of problems down into what's most significant and keeping her from working and what's secondary (or is there any interconnection between the two maladies).

Click to expand...

Puma's right. Break it down as much as possible. The more detailed she can be, the better!

Dealing with SSI is a truly wretched experience. You have to go to extraordinary lengths to convince them of the completely obvious. And then, when you finally succeed, there are so many rules to it that, in my opinion, are ridiculous and are detrimental to the person who is supposedly being helped.

My brother, who is autistic and diabetic, recieves $500 a month in SSI. However, in exchange, he cannot ever have more than $2000 in savings at any given time. Which is absolutely not enough to live off of. If he works, any money he makes is taken away from the SSI check, so there's no point in working (as he certainly wouldn't earn out the $500). We desperately need the money, so we have to take it, but it locks him in so that he is a dependent forever. We would like for him to be self-sufficient someday, if he can, but getting a job is penalized, so he has no way of gaining experience, and keeping a nest egg to provide for yourself in the future is forbidden.

In the meantime, right now--while he is absolutely not self-sufficient, we have to continuously prove that yes, he is disabled, no, he isn't able to hold a normal job. It amazes me that they are simultaneously kicking him out of the system and trapping him in it at once.

But, the reason we stick with it is their medical package. And we're poor enough that we need that monthly check too. So, though we don't want to deal with them, we must--and from our experience with it, my advice to you is this:

Document everything. EVERYTHING. They will want to see evidence in print of every little thing. Get letters from doctors, get letters from previous employers, get everything you can. Even after you get on SSI, you'll need to keep doing this--keep all reciepts from any you spend SSI money on, keep all medical bills. You must be able to prove that every dime is used appropriately.

The key to defeating SSI is meticulous paperwork!

Shwebb said:

And Jen, she does have a documented history of previous depression; I hope that helps. She truly is suffering mentally, right now. Not only from the unrelenting pain, but from dealing with the fact that she is no longer able to be the active person she once was. And she is wondering how much longer her body will be able to continue like this, and if not her body, how long will she be able to endure mentally. She's made an appointment with a therapist, and hopefully that will help her deal with some of these issues.

Click to expand...

Was that history of depression included in her original claim? If not, it would honestly be better for her to reapply.

Tallymark said:

My brother, who is autistic and diabetic, recieves $500 a month in SSI. However, in exchange, he cannot ever have more than $2000 in savings at any given time. Which is absolutely not enough to live off of. If he works, any money he makes is taken away from the SSI check, so there's no point in working (as he certainly wouldn't earn out the $500). We desperately need the money, so we have to take it, but it locks him in so that he is a dependent forever. We would like for him to be self-sufficient someday, if he can, but getting a job is penalized, so he has no way of gaining experience, and keeping a nest egg to provide for yourself in the future is forbidden.

Click to expand...

Unfortunately, you're spot on about the savings and nest egg.

The thing is, though, he can work some and make a little extra. I think it's up to $600 a month, but you'd want to check your state regulations to double check about that. If he makes over that, then he'll have to pay back $1 for every $2 he goes over.

I am applying for disability also, and if/when it is approved I will be able to earn some $900 month above the disability payment before I am penalized. Each case is evaluated on the applicant's age, how much SS they paid into the system during their working years, and a number of other factors. So each person's earning allowance will be different. Also, if there is a medical history of depression or treatment for depression, SSI will send your friend for a psychiatric consultation in addition to the panel review of her medical records. She should check with the SSI contact person listed on the correspondence they send her.

It is important that SSI gets copies of ALL her medical records to make an evaluation. I applied in person at the local SSI office, but I also went to each one of my doctors and signed release forms for them to send my records to SSI.

The paperwork process is a nightmare, but she can't afford to *not* address any of the requirements. It sounds like she could use an advocate to help her get through the process step-by-step. Good luck.

I'd like to tell everyone about my friend. She applied for disability because of her uncontrolled asthma, blood pressure, diabetes, she also has neuropathy, a heart condtion, sometimes she can't even step on her feet from the neuropathy, she always in pain, unable to get out of the house most of the time due to her ailments and also very bad allergies. She's depressed most of the time and her meds with insurance cost her 1600.00 a month. She's run out of money and is having problems with her husband. He's just not making enough for all she needs and she's gone through her bank account which was very hefty (as she put it) at one time. It's come to the point that she can't afford her doctors and all the meds at the same time and picks and chooses between them all. Very very bad.

Disability turned her down twice and now she's going to court. This has beaten her down and she's lost her zest for life. I talk to her on the phone and honestly, sometimes I worry she may end it. Last week my husband and I went to visit her and we took her shopping. She has a very hard time with her neuropathy. On line at Shoprite, a woman in front of us was wearing top of the line, Katie knows top of the line designer items because at one time that was all she every shopped for. Anyway, the woman in front was wearing LV jacket, pants, shoes, cap, bag, key ring, wallet and we complimented her on her choices. SHE PAID FOR THE FOOD WITH FOOD STAMPS! It looked likea credit card but we heard the cashier tell her something was wrong with her food stamps and to try again. Well, we all looked at each other,shocked.

We had a few items and as we left the store we saw her a few cars away, getting into a LEXUS! Longer story short...I went up to her and asked her point blank how she got food stamps. DISABILITY! I told her my friend over there is having a problem. She said you need a good doctor who will fight for you. You know what she had? High blood pressure. No fooling!!!!!!!!!! HIGH BLOOD PRESSURE AND SHE HAD DISBILITY!

It seems, those who really do need it are told to go to work and those who don't are well taken care of by the government. Very upset and sad for my sweet friend who's life has been ruined by her illness.

I am on SSI Disability and I had no problem getting it on first application. The secret is demonstrating how much ability you have lost.

I was an award winning artist who had authored books and taught art as well. I had a series of strokes that blinded me 90% and destroyed my eye/hand coordination. After applying I was asked to go see their doctor as I was being led around yet. My left side was not well behaved at all and my right had problems too. Their doctor examined me for two minutes and that was all. My wife asked him what he thought and she said he was looking at one of my better pieces as I walked into a wall. She said he muttered, "Don't worry about it."

The thing is I was able to visibly demonstrate it. You my have to get a doctor to be on your side and how any of you can get on without a doctor as an advocate is beyond me. Yes it is work and it is hard to find a good physician, but putting up with mediocrity is not the thing to do. You probably spend more time choosing a plumber. Above all, talk in facts and don't snivel and quit looking for sympathy. No doctor has that. They don't have time.

When you go see anybody have all your papers and history with you. Everything and have it organized to access easily. SSI does want to help those that need it. Show them you are one of those in need and deservant. Just speak facts. Ask questions that are thought out and specific. If they tell you you need something, get it and don't make excuses as to why you can't. There are hundreds of people clammoring for a free ride. Show you aren't one. Don't tell me how hard it is or anybody else. None of us what to hear it as that just gets in the way.

Can you get SSI Disability? Some can because they learn how to play the game. SSI is not the enemy. You are in most cases. Think on it and I hope I haven't been too rough on anyone, but you asked.

re: SS Disability determination info

Here's a group at MSN to which I belong. The links for forms and letters are very helpful.

http://groups.msn.com/SocialSecurityDisabilityCoalition/onlinemaglinks.msnw

I learned that much of what happens and the length of time that it takes to actually go before a judge depends on the state where you live. I lived in TX when I first applied, was denied while I lived in Michigan and was denied the 2nd time in Ohio. I finally had my hearing before a judge last month - after 4 years.

I've met a few folks who were turned down because they didn't have recent medical records. My attorney said that one must visit a doctor at least every 3 months, otherwise the judges think you're not really sick/ill/in pain. The fact that it takes so long to get through the system and folks run out of money for doctor bills doesn't phase them.

Someone suggested a disability advocate. That's a good idea if you get a good one. The one I had in Texas had my SS correspondence sent to him and when my first denial came through he didn't tell me. The 60 day window was lost and I had to start all over again. Now I have an attorney.

There's a "famous" attorney out in...Arizona, I think...who can and does practice all over the country. He takes many clients that no one else will. He takes a lot of fibromyalgia patients, so he might be listed that way on the internet.

Spider said:

I am on SSI Disability and I had no problem getting it on first application. The secret is demonstrating how much ability you have lost.

I was an award winning artist who had authored books and taught art as well. I had a series of strokes that blinded me 90% and destroyed my eye/hand coordination. After applying I was asked to go see their doctor as I was being led around yet. My left side was not well behaved at all and my right had problems too. Their doctor examined me for two minutes and that was all. My wife asked him what he thought and she said he was looking at one of my better pieces as I walked into a wall. She said he muttered, "Don't worry about it."

The thing is I was able to visibly demonstrate it. You my have to get a doctor to be on your side and how any of you can get on without a doctor as an advocate is beyond me. Yes it is work and it is hard to find a good physician, but putting up with mediocrity is not the thing to do. You probably spend more time choosing a plumber. Above all, talk in facts and don't snivel and quit looking for sympathy. No doctor has that. They don't have time.

When you go see anybody have all your papers and history with you. Everything and have it organized to access easily. SSI does want to help those that need it. Show them you are one of those in need and deservant. Just speak facts. Ask questions that are thought out and specific. If they tell you you need something, get it and don't make excuses as to why you can't. There are hundreds of people clammoring for a free ride. Show you aren't one. Don't tell me how hard it is or anybody else. None of us what to hear it as that just gets in the way.

Can you get SSI Disability? Some can because they learn how to play the game. SSI is not the enemy. You are in most cases. Think on it and I hope I haven't been too rough on anyone, but you asked.

Click to expand...

Well my friend is taking about 39 different meds a day, Different! She went to their doctor who told her in front of me, she shouldn't have a problem but she is. They feel she can at least sit at a desk but they're not taking into consideration the enviroment, the stress, her asthma attacks, her uncontrolled diabetes, her blood pressure and heart problem and the fact that her neuropathy has only gotten worse. This is a woman who used to dance night and day, play tennis and shopped till WE dropped! No SSI is not the enemy but the first question after her name and address was what was her ethniticy, why was that important? She would rather work but she is unable, even to think straight at times and falls asleep at a drop of the hat while she's taking the steroids that bring her sugar way over a dangerous 600. She's not a F off and she's lost quite a bit of money, her savings and 401 has been spent. My friend is a go getter and was carried out of her last job on her back as they said she was crashing and had to work on her right there. Some people who deserve it get the shaft that's for sure. And she's one of them.

I do believe it's the lawfirm she went through. They have such a large amount of clients I dont' think they're handling each case properly, but then again what do I know. I only know, this was a woman who lived an exciting, vital life, a social butterfly and the queen of dinner parties, her work was her life and she was excellent at what she did but she kept pushing herself to work when she was feeling sick. Doctors kept telling her she was fine but kept giving her more meds. Now really, if you're fine, why do you need more and more meds? You're NOT fine! Thats why. It's been a horrible experience for her, her marriage broke because of this, her life is broken and now she can even rub two pennies together. No it's the system, not everyone is treated equally and the attorneys aren't all that great either. I'm just sorry to see my friend in need, real need getting the shaft. And she's really bad off.

Very sad news for me today.

My dear sweet friend who was trying to get disability because of her many disabilities and from them has become penniless thanks to being constantly denied has died today.

She was too proud to accept any money from my husband for her meds and wasn't able to purchase all of her meds. They were needed for her to live. In the meantime, a letter from SSD verifying a date to go before the judge 8 weeks from now was on her kitchen table. I called and called and there was no answer. I called her neighbor who called the police. She died in the ambulance her sugar was to high to register on their machine and her heart just stopped.I don't know any more except I lost a dear friend who worked her whole life and made lots of money. She used all her savings because disability kept putting her off. And when she turned to her country, government for help, they kicked her down every time. They killed her, meanwhile others who don't deserve SSD are getting it and laughing.

I'd like to tell you all a little about her.

She rubbed elbows with some very powerful people early in her career and she was loved by everyone. She gave some awesome dinner parties and loved to dance, play tennis (that stopped two years ago). She was full of life, had no children but 10 godchildren. She spoiled her friends and family with unconditional love and support. When you had a problem, no matter what it was, no matter what time, you called or went to Nina's. Her heart was made of solid gold, she never held a grudge and the man she loved was her everything until she got too sick and he bailed. She dealt with the downs in her life with a first a tear or two and then an attitude of I'll be okay and she'd work at making it okay, but life and disability took her away. I'm sorry for writing this here, but my friend would still be here if she had the disability to buy her meds. No one knows the pain and trials unless you walk in that person's shoes yourself. I just can't believe she's gone, just like that. We spoke early yesterday making plans to visit her on Saturday again and just like that, she's gone.

Deepest sympathy for your terrible loss.
It sounds like she was a fine person.

You don't have to feel sorry for sharing that with us. I'm glad you did.

Our system is broken. Make it a LTE and send it out. Everywhere.

I'm sorry for your loss. I'm sorry that your friend, so obviously kind, had to suffer like that. It makes me furious. Beyond furious. (that's really not something people want to see)

(((hugs)))

Stephania said:

Very sad news for me today.

My dear sweet friend who was trying to get disability because of her many disabilities and from them has become penniless thanks to being constantly denied has died today.

She was too proud to accept any money from my husband for her meds and wasn't able to purchase all of her meds.

Click to expand...

Stephania, I am so sorry to hear of your loss. Your friend sounds like a joyful, loving, giving person.

Your friend's plight reminds me of the situations in Micheal Moore's movie Sicko. What kind of country do we live in, when people who have worked hard all their lives die because they can't afford medication?

Granted, your friend certainly deserved disability pay. But, if we at least had universal healthcare, she would have had meds until her disability appeal...and perhaps be alive today.