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[Member Discussions and Questions] Adjudication and Review Process Advice for Disability?

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December 13

Message from a Chick looking for your advice and help:

I live in the states and I have been off work for almost two years (doctor’s orders). I filed for Social Security Disability (SSDI) two years ago. I have an attorney, I’ve been denied twice and my case is now in the adjudication and review process from a hearing held back in June!!! From what I’m being told, it could be another 12-18 months before anything is decided. Financially, I’m tapped out, having lived off my savings for two years. Does anyone know of any resources that I can contact to light a fire under these people? I’m a fairly new homeowner and a single mom trying desperately not to lose everything I’ve worked so hard for.

Thank you in advance for your help and advice for this Chicky ? (((pain-free internet hugs)))

What our members have said so far:

Gretchen – Call the representative and senator for your state … surprising how fast they can get things done.

Shari – You might try your Congressman. Sometimes they can help! Worth a try. My daughter is in same boat. Her hearing was May 2011 and she’s just been granted a hearing in February.

Jeannee – I was just going to type what has already been typed – excellent advice from Shari and Gretchen Especially being a single mom, there should be some type of something out there to help you out! As someone once said to me: there is alot of money out there! – you just have to know how to tap into it!

Ruth – I am assuming your lawyer is a specialist in SSD claims. Hopefully you will get a different judge to hear your case. Unfortunately the backlog is horrible and the wait terrible. Maybe ask the doctor to give you samples until you get insurance. Unfortunately, Medicare doesn’t go into effect for 2 yrs after you’re approved. Drug companies have help for payment for drugs as well, ask your pharmacist. Congressman/women or governor may help, and state reps as well. Hugs, I hope you get approved …

Leslie – I got disability my first try by myself online … my advice is to get a better paper trail; one doctor doesn’t do it. I had a doctor in N.Y. moved to Florida not one down here, and went to Mayo clinic and got another opinion; all 3 said the same thing … good luck

Brandi – Once the decision is made … refile for SSI with all NEW medical information. Ask your rheumatologist if they would be willing to write a letter that states that in their medical opinion, they find you disabled & unable to work. Take the letter to the SSI office in your city. Have them copy that letter and ask for it to be placed into your SSI file. They date it and stamp it at the SSI office. If you had a hearing with the Adjudicated Law Judge from SSI that was a denial and your attorney filed an appeal…it goes to the Washington DC SSI office. Sadly, it can be years if this is what happened. Nothing can light a fire underneath them to make a decision at that point, sadly. Most people think that having an SSI attorney is the best thing. You can get SSI without an attorney. If you are denied…do NOT appeal the decision. Just keep reapplying. Sadly, a LOT of people think that hiring a SSI disability attorney guarantees you getting approved. That is NOT the case. And…these attorneys keep 17-25% of your back pay that dates back to when you originally filed the case. They just want your money & they handle THOUSANDS of cases at a time. Which means that your case slips through the cracks because these slimebags have gigantic caseloads where you are just a name and a telephone number basically. Sad. But very true.

Pat – I also got mine the first time, did it by myself and it only took three months. I hope all works out as I am by myself and only have my income to pay bills and house payment.

Brandi – A lot of the time … people call SSI Disability attorneys that pop-up on the TV screen. These types of attorneys are usually in some far-away state from the one you actually reside in. They pay attorneys that are in your county to show up at ALJ hearings. They get very little of the medical information about you and are NOT prepared to defend you properly. Places like these ALWAYS appeal an an unfavorable ALJ hearing and it screws people. Hope this makes sense. I used a sleazeball attorney on my 2nd denial. A friend gave me the info and told me to instruct my attorney not to appeal. I got it on my own, without an attorney by just refiling and doing the above things I listed.

Venus – I am in the same boat. I have been denied 2 and still fighting it so crazy.

Mandy – I work for an attorney doing disability. One way to speed up the hearing process is to provide copies of medical and non-medical bills that you are struggling or can not pay. Have your attorney write a letter requesting a dire need hearing. It doesn’t drastically speed the process but will speed it up. What state are you in?

Amanda – Well … I don’t know how much it will work, but write a brand new Congress person. They are looking for stuff to do and help out voters. PLUS, make an appointment to actually talk to your STATE Representative. Believe it or not, you can actually talk directly to these people about the most interesting things. That is what they are there for, make them earn their money. PLUS — Do what everyone else said. Their ideas sound good too.

Vee – Apply for state assistance for medical for you and your child. While there, ask what other programs might be able to help you. Worked for the welfare for 20 years. Your assets have to be exhausted before you can get cash & it will not be enough to support your household. Got room for a room mate to help with bills and provide some support?

Amanda – HEY Check that out — Gretchen and I had the same idea! I promise, it really does work. Write them a very direct formal letter — With paragraphs covering subjects such as “background” – “What you have done to fix the issues” “Present problems” “Financial Toll” and “What I would like to ask for” — Write it all down a little at a time, and have someone read it over again and again. The Reps really want to help, but they need all the facts, but not too much. — AND please, call and make an appointment to see the state rep. You may not get to see the exact person, but you WILL GET to see someone…. AND bring a photo to leave with them. It helps to put a real person with the case.

Leslie – @pat … it took me only 3 months as well. But like i said, I had 3 different rheumys saying the same thing … I also got back pay for the 3 years I was on short term disability in N.Y. … it’s different there … Your employer pays it. You don’t have to pay into it or have it taken out of your paycheck.

Michele – Byers I applied and was denied, appealed and denied, then got an attorney. Of course you appeal if denied. Do not start an all new claim. You do not need a doctor to write a letter. They have paperwork to fill out that SSD sends you to take to them. Medicare does not take 2 years to kick in and the attorneys can take no more than $6,000 from your settlement. I had a hearing in Dec. and was approved by mid January. And it was approved back 3 years. It is time consuming and it drains you. Stick with it. Some of the advice was good, some wasn’t; that I read. Your Congressman can not do anything to speed up the system for you.

Amanda – OK HERE is the federal level Reps — http://www.house.gov/representatives/find/
Find Your Representative ยท House.gov
www.house.gov
Not sure of your congressional district or who your member is?

Amanda – BUT, you need to also actually talk to your STATE House rep. Sometimes they get things done a little quicker…. sometimes not. BUT, talking to them won’t hurt. — What state is this person from?

Rebecca – My daughter was denied and also has to be humiliated by a Virginia state doctor that tried to force her legs and arms beyond the degree she could move them I heard her screaming and I plowed into the room and took her out of his office; of course she was denied again. Her RA doctor was furious with the system; a friend of mine called our Congressman; the denial was reversed within two days. Good luck and God bless. Thanks Linda Baird

Amanda – For instance — this is TN map of State Capitol Reps. http://www.capitol.tn.gov/senate/members/
Senate Members – TN General Assembly
www.capitol.tn.gov
All legislators may be reached at 1-800-449-8366, then enter the last five digits of their office phone number listed below. TTY/TDD Callers

Michele – I’m sorry but a congressman can not reverse a decision.

Leslie – @michele. Like I said … I got back pay too and they send paperwork to the doctor … all 3 doctors wrote the same thing. I only am receiving hospitalization for Medicare. My husband has excellent insurance. I received it right away.

Leslie – I was just saying to my husband … what can a congressman possibly do? They don’t know your illness .. and attorneys are ripoffs … especially the ambulance chasers that are only out for your money.

Onnette – Hello Chicks. Thanks for the advice. I have written the politicians suggested. Except for the government, he’s the bastard that just signed the ‘Right To Work’ bill here in Michigan. I get medical & food assistance, but that’s all. I can’t pay bills with that. @Brandi….yes its @ the review stage & its pretty much just sitting there. This is BULLSHIT………….sorry. I’m just REALLY frustrated.

Kristy – I worked for the federal government for 20 years, 2 US Senators and one US Congressman and specialized in Social Security. Please call your local office of your US Senator or Congressman and ask for the side that handles SSA. If you had your hearing and it’s still in POST HEARING review there is a hold up and you need the aide to push it. Normally post hearing review is 30-45 days, please contact them ASAP.

Leslie – Please try and get another doctors opinion … the more information on your paperwork the better. Politicians won’t and can’t do one thing as well as most attorneys.

Jennifer – I was denied twice and while waiting for a court date it went across someones desk and got approved. I agree with others, I got specific letters from my rheumatologist, physical therapist, pain management and psychologist that specifically said I cannot work and that they recommend I seek long term/permanent disability. According to the Dr’s they sent me to, I was fine and too young to go on disability. Remember the Dr’s they send you to are being paid by them! If they don’t deny claims, they don’t get their contracts with the government renewed. Get your own Dr letters.

Leslie – @jennifer. Absolutely … Your own doctors is important … all 3 of the rheumys .. were mine … one was from the mayo clinic … remember, they fill out a major part of the papers, and yes their doctors get paid for ever denial …

Marybeth – Been there and done it. I’ve been trying for years. Have attorney and sued the federal government, still waiting and going for the 6th time for hearing. Doctors have said %100 but the judges say no. It’s all bullshit and the people that need it don’t get treated right. It’s the government that needs to change the rules. I’ve known people with cancer that have been turned down and then died. Good luck. Your Congressman man will tell you the government needs money for the wars, that’s why people get turned down as well. I’ve heard it all.

Onnette – So forget chicks that re-applied online with new illness, do you use the original date of disability???

Lorraine – The max an attorney can charge is 6k. I hired an attorney and am thankful I did. Good luck !

Leslie – You know what? … What can the government do? NOTHING …UR DRS R WHO R TREATING U.. GET ANOTHER OPINION FROM ANOTHER DR…THEN RE APPLY..RE APPLYING W THE SAME PAPERWORK WILL DO NOTHING

Laura – Wow. This is all scaring the crap out of me and I haven’t even ventured down the path yet (…lupus). I’m in Florida. I wonder if some states are easier than others.

Kirsten – I have had the same issue…although I met all the criteria for SSI, I was consistently denied due to my age. I started the process in 2005, and they wouldn’t budge. I finally hired an attorney (who charged nothing until I was awarded and he flew out to meet with me and only charges $6000 or 25%, whichever is LESS. He is licensed in several states and moved my case along very quickly. If you want additional info, feel free to message me and I will give you his info. Good luck!!!!

Leslie – I am in Florida now too.

Leslie – @e.. You are a New Yorker too. I am from Westchester County. Moved down here 5 years ago.. my son lives in Brooklyn. My mom is from Brooklyn and my husbands family is too. I went on short term in NY.. after 2 years here. Applied for long term.. got it immediately .._

Stacy – We got ahold of our local state representative. It was 3 years and we couldn’t take it financially anymore. Within 1 month of speaking with him I was approved.

Terry – I live in Ontario, Canada and I’m probably going to have to go on long term disability shortly and I hear a lot of horror stories about having to fight for it. I hope that I don’t have to go through that. I hope you find resolution a lot quicker than almost 2 yrs from now!

Carolyn – My husband has seizure disorder, permanent nerve damage in right side, bipolar & severe anxiety disorder. He takes enough medicine to make an elephant fall to his knees. His license was suspended due to seizures. We have been fighting almost 5 years with attorneys. The ALS Judge told my husband he didn’t approve people under the age of 50 period. Really? That’s discriminating, right? My husband put his time & dollars into the system & can’t get help! Yet, I deal with 20 year olds daily who are on it for bipolar disorder? Really?

Scarlet – Try allsup.com.

Onnette – Thnx again Chick. I’m the one that seeking help & here’s the short version: I’m 44, I have Mixed Connective Tissue Disease, I have documents from the PCP, the rheumetologist, the psycologist, the gastroenterologist, the optometrist, the neurologist & every other OLIGIST u can think of. I’m in Michigan & my attorney is not the problem. How many of yuo have re-applied while your exsisting case was still on hold & was approved? I ask because some say re-apply & others say don’t re-apply(including my attorney). I haven’t been asked to see any of their doctors yet.

Kim – Get your state representative involved. I’ve heard they deny one time as a rule and then you play the paper, lawyer and wait game. Good luck – praying for you as I will be on the same road soon if my double knee replacements don’t help.

Carol – Do not reapply. Your attorney is correct. Did or can you see what the doctors said in their statements to the disability people? I am from Michigan too. I hate to say, but my app never got denied and was approved in 4 mos. but it was neurological (I think) is what clinched the deal. But I do have RA too. I don’t know for sure, but I think it has everything to do with what the doctors say and HOW they say it. Good luck, and lots of pain free hugs!!!.

Lynne – I was denied twice and hired Allsup. They handled it quickly and I was awarded in hearing phase without appearing before a judge. In fact, I’ve heard they won’t take cases they can’t win.

Joy – I was just denied by the judge in KY, my attorney has appealed AND told me to reapply just in case it falls through again, he told me in the beginning (2008) that it was HARD to get till age 50, which I will be Oct 2013…I can NOT stand much more of this BS after working 30 plus years, sometimes 2-3 jobs at a time while being a single parent with no child support. It SICKENS me to death how this country is treating the very ones that have worked all their lives TRYING to be productive citizens while lazy people reap all the rewards…YEAH I’M PISSED. I have Severe Progressive RA, Fibro, IBS, RLS, 2 leaking heart valves, hiatal hernia, & NOW developed GERD & Sleep Apnea & oh yeah of COURSE Depression & Anxiety…They’re just waiting on us ALL to die so they don’t have to pay US, just pay for their vacations to Hawaii !!

Crystal – Well, it took me five years to get disability and SSI. I’m only 28 yrs old and that’s why I got turned down, and then got a lawyer. She won it for me. I have multiple health problems though. If you have only RA they think that its treatable so a lot of times turn you down. There’s not much you can do but wait. Sorry to say.

Debra – That’s good to know, Lynne. I applied on my own and was denied. I hired Allsup and we submitted the appeal. Just waiting to hear back on that.

Onnette – Since I already have an attorney, I’m wondering if I can use Allsup. I know a lot of places won’t touch you if your already being represented until your current attorney signs off, which they don’t want to do because they want to be paid for the work they’ve done up to this point. Any advice on that???

Deseree – It took me 3 years to get my SSDI but I was lucky, I am married and hubby picked up the slack while I waited it out.

Deseree – You are 28 yrs old, you probably won’t get but about 500 to 600 a month. I was 41 and I had in only 29 clock hours and they started me out at 450 a month, but more importantly I got medicare. I desperately needed the insurance to get the needed medical treatments.

Shannon – It took me 3 years cause of my age at the time. I ended up contacting my state senator, he was a huge help! Explain your situation and see what he or she can do

Dyan – Contact you state senators and representatives, explain what’s going on and ask for their assistance and help. We elected them and pay their salaries–they work for us. Years ago I was able to land an interview and state job by doing just that. Good luck–don’t give up.

Shannon – Also. You will get back pay up to 5 years since filing. Also after you are awarded, don’t forget to file for your kids to receive a check off of you. Lawyer didn’t do this and had to and they also got lump sum back pay check. Their money does NOT come out of your check. It’s additional funds for you to help provide for them until they turn 18.

Karen – I was 41 and denied first time. I got a lawyer for appeal and it went through in 5 months. The Big help here was it was a local SSD attorney who knew my DR. Talk to your dr or dr’s office manager about what attorney they see other patients using. If the attorney and dr are familiar with each other and the system they can get the correct paperwork in. My rheumy actually changed my diagnosis from Lupus to RA because at that time my tests were higher for RA. I still test positive for both along with other things. The whole process no matter who does it, is all about the correct paperwork. Try to find someone who is knowledgable about that

Deborah – I’m on my third try, waiting for a court day. I use Allsup and love them. They deal with all paperwork and any communication with doctors and SS. I’ve been at this for 1 1/2 years. I have RA and chronic migraines. If I have any questions I just call Allsup.(800) 279-4357 I live in Arizona and they are in Illinois. They will even help with finances.

Melissa – I had 2 second opinions and gave all my xray and lab copies plus documents from physical therapist or occupational therapist and any er visits. A lot of work up front but paid off. Got it in 3 months.

Pennie – I worked as a vocational rehab counselor for 12 yrs prior to filing. I was diagnosed at 19 & filed for SSDI at 35. Even with all of my professional experience dealing with Social Security, I hired an attorney. My attorney also had a medical degree. My progression had sped along and with all of my medical records from doc’s and hospitals. My SSDI was rewarded within 5 months. I didn’t even gave to pay the attorney who helped me since the decision came in so quickly,
My professional opinion would be to apply for all your local resources. Feel free to inbox me I will be glad to offer any help I can. Medicaid is a must!
Contacting your local representatives & congress persons would be a great asset as well. Good Luck!

Helen – The US system stinks. I wish I could do something more than encourage you to be strong, and send love.

Denice – If you have an attorney, and I hope you do, ask if they can motion for an expedited hearing for financial reasons. My attorney got mine pushed up by several months this way.

Staci – Speak to your congressman. Cases w/ congressional inquiries are moved closer to the front.

Cherie – How much is your Dr. behind you getting financial aid. Are you trying for permanent disability? Or temporary help? Maybe it’s the way the Dr.’s are posting the description of your condition.

Deb – Don’t refile because you won’t get back pay. Keep up with the appeal and make sure the Dr is giving all the details of your disability.

Michelle – I feel for you all living in the States. No NHS no disability benefits! I know it’s freezing in the UK at the moment, but at least we get a bit of help.

Lila – Try contacting your local Protection & Advocacy organization: http://www.napas.org/en/ndrn-member-agencies.html I work for the one in Louisiana and we handle cases like this frequently (and all services are free). Good luck!!
NDRN Member Agencies
www.napas.org
The National Disability Rights Network advocates for disability rights on a large scale.

Jennifer – I myself live in Ohio. It took me three denials here. I then moved to West Virginia hired a lawyer and it was less than a year and I had it.

Kristy – A US congressman or Senator cannot tell them how to decide, nor can their staff, it’s illegal and jail time for all. What the staffer can do is find out what the hold up is. I did over 500 SS cases a year and the backlogs and red tape are unbelievable.

Maria-Anne – Oh my god!!. I really feel bad for you all in the U.S. as Michelle said we do get help over here in the U.K., I personally don’t because my husband works, and I’m not entitled to benefits even though my doctor signed me off work due to my poor mobility…our government has cracked down on nearly all the benefits because of all the so called disabled that shouldn’t get it!! And people like myself get penalized… I could scream. But as I said we are still better off here. Sorry rant over. Good luck I hope it works out for you and those that have to battle to get help.

Beate – xoxo

Michele – I’m in the same boat! Good luck

Mindy – I filed for disability and I was very lucky. I got it the first time. I think a lot had to do with my doctors and the way he worded things. I applied when I was 30. I will get medicare the beginning of next month. My daughter also gets a check as well. All I can say is good luck.

Patricia – Call or write your federal representative and tell them what you’ve told us.

Lexie – I went through this, I was denied 1 time and went w/o income for 3 years, thank God my Dad helped at and I lived w/a friend for 6 months. During this time I went to the Dr. for everything and had all my records sent to my Lawyer. Every one in MT who needs SSDI waits 3 years and it is procedure to deny. They make you feel like you have to plead and prove your illness./..they make you/add to your illness w/the stress they cause. At the hearing I sat through 3 hrs. of legal formality, the Law Judge had me tell my story. After the 3 hours the Law Judge told me that, “I have a preponderous amount of medical evidence, that SHE DECIDED THAT I NEEDED SSDI A YEAR AGO.” I burst out in tears and told all in the room how waiting the 3 years/the stress made me so sick, how could the government do this to people with diseases this aggressive. I will be praying you get through this, I am so sorry.

Michelle – I have been pondering disability myself. I spoke with a disability lawyer’s office last week. She said that because so many are requesting disability they are severely back logged and I would be looking at best 6 months to a year. Myself, I cannot afford not to work so it is definitely a challenge. My employer has been wonderful thank God.

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The above is a discussion created by a member and with member generated responses from our Facebook community (facebook.com/rachicks) put into a format so that the discussion can be archived for future answers needed by others in a searchable format while keeping member anonymity. Member provided information, statements and opinions do not reflect on RAChicks.com or all individuals with Autoimmune Arthritis. We encourage all members to seek professional medical advice for any specific questions and concerns as this does not substitute competent medical care.

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