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RE: Filing for Disability (SSDI or SSI); was Jaw Pain

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Hi Diane,

Thanks for taking the time to write out the steps that you took. I

appreciate it very much. I was recently fired from a job where I asked

for reasonable accommodations based on a flare-up that began in January.

The pain was unbearable at times and would , and for the most part, any

request I made (per my doctor) was not honored, even though I allowed

the employer's doctor to speak to my doctor. Although you physically had

problems working, at least it sounds like you had a good employer. I did

not and I physically am still recovering (using new and increased meds

and lots of sleep and rest).

Pat

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Hi, Pat,

" Was " a good employer. In 1993, the ADA law was new and nobody was

going to be stupid enough to refuse to honor a " reasonable accommodation "

request. I was fortunate. The employer is a huge corporation with

thousands of employees and they have figured out that they have a " draw " so

they can replace people on a whim. It helps that they are located in a

" Right to Work " state and do not have to have a reason for firing people.

All your doctor needs to tell you is that you are medically disabled

enough to file for SSDI. It is not his or her decision to make, but you do

need his/her backing if you are going to apply for benefits. I was doing

the extra day off thing for awhile, but the demands of the job just kept

increasing because the supervisor knew that I would push myself to get

everything done.

The reason that I explained the process for SSDI the way I did is

that while the SSA acknowledges Fibro and other immune disorders as being

*real*, there are still those on the determination boards who do not. Quite

often in cases of " invisible disability " the person looks quite well in

spite of the disease process. I know I did until my organs were being

attacked. Even then I didn't look dangerously ill, only as if I had the

flu.

If a medical examination is requested by SSA, you have to keep the

appointment or your claim will be denied. The doctor you will be seeing is

probably not going to know a great deal about the illness you have, but that

doesn't matter to SSA. This is a licensed doctor and that is all that

matters. If you look pretty good on the day you see this person, you can

almost count on the doctor deciding that you aren't too sick to work. That

will leave the ball in your court to request a re-determination or appeal

the decision. The final step is a hearing before an administrative law

judge.

The horror stories of people requiring attorneys to get their

benefits are not all untrue. Sometimes it is because the whole claim was

badly handled by the claimant. Sometimes it is due to outright

discrimination on the part of the state's determination board. Sometimes it

is because the person doing the initial medical records review has no clue

what they are looking at and they refuse benefits.

The requirement is on you to prove to SSA and that determination

board that you are medically too ill to be working and that you have the

evidence to prove your case. That is why you want the earlier medical

records in your hands before they are released to SSA or the state board.

You need to know what they are going to see so that you can be ready for

their objections. In my case, it was not just one health problem that

disabled me. It was the combined affects of any two of them when it

happened that they went " active " or " flared " at the same time.

In and of itself, the process is pretty simple and straightforward.

But, as we have all heard, " The devil is in the details " and the details are

what can kill a claim for disability benefits if you are not prepared to

fight to win your case.

Dianne

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Thanks, Harv,

A large part of what I do in my local community would be classified

as " Disability Advocate " work. We have a large senior citizen population

and with the kinds of things that happen to them, they often need help in

order to remain in their homes, living independently. I teach them new

tricks! I help them determine which modifications are needed in their homes

and then help them locate a contractor to get it done. When necessary, I

help find a different home to live in when their previous one cannot be

modified as needed.

As I said before, I stay busy. Even if I cannot get out of my home

to do what I had planned to do, I have the phones and the computers, and

there is a great group of local volunteers to do the work when I cannot do

it.

Dianne

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In a message dated 7/30/03 9:40:49 PM, voices@... writes:

> All your doctor needs to tell you is that you are medically disabled

> enough to file for SSDI.  It is not his or her decision to make, but you do

> need his/her backing if you are going to apply for benefits.

>

Can you get it even if you have never paid anything into SS?

I was a stay at home mom.....

Pris

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In a message dated 7/30/03 5:37:21 PM Pacific Daylight Time, voices@...

writes:

>

>

> The process starts with you and your doctor(s). Start with

> yourself. I kept a journal for six months before I left work and filed for

> disability to record how I was doing physically and mentally while on my job

> and while dealing with the tasks that needed doing at home.

hi dianne,

am jumping in late here i guess, haven't read all the posts on this.

i wholeheartedly agree.....document everything, in detail and don't be afraid

to add extra pages of info. tell them everything you can about how you hurt,

live, compensate for the illness, etc....

you also say:

Call the SSA at 1-800-772-1213 and tell them that you want to open a

claim for disability benefits.

and here i caution not to call until you have the documentation because they

do try to rush you through, that's my take on it. i rescheduled the first

appointment because i wasn't ready with my end. they say it doesn't matter, but

it does. i got copies of all of my med records and mailed them with my

application also.

the best book i read and photocopied pages from was:

Nolo's guide to Social Security disability : getting & keeping your benefits

/ by A. Morton ; edited by Spencer Sherman.

the section on arthritis in the back is good to review and compare what they

use as a guide in determining disability.

hope this helps,

take care,

barb

May all beings be free from suffering and its causes

May all beings have happiness and its causes

May all beings be free from attachment, aversion, anger and fear

May they never be separated from the bliss that is sorrowless.

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At 08:13 AM 7/31/03 -0400, you wrote:

>Can you get it even if you have never paid anything into SS?

>I was a stay at home mom.....

>Pris

It's based on your earnings history. You can go to

http://www.ssa.gov/d & s1.htm and get information.

There have been some very, very good posts regarding SSDI in the last

couple of days. I'm in the essentially same position. I struggled for a

long time to stay in the work force. My employer was making allowances,

based on information I allowed them to get from my doctor. The company was

then sold and the new owners did everything in their power to make my life

miserable. They eventually made up a reason to fire me. After that, I

worked part time, still thinking that I had to stay employed. In 2000, I

applied for disability and was approved on the first application.

As others have said, make sure you have documentation and make very, very

sure your doctors back your decision.

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Hi, Pris,

The SSA staff can answer that better than I can. There are other

factors that come into play when you have not paid into the system. There

is no harm in asking. 1-800-772-1213 is where to reach them, or you could

get the number for the SSA office in your locale.

Dianne

----- Original Message -----

From: <nelliestar@...>

Can you get it even if you have never paid anything into SS?

I was a stay at home mom.....

Pris

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Hi ,

Thanks for the link. Your story sounds exactly like mine. It was not fun

to go through, if your symptoms were like mine, and increased

dramatically with each hour of stress they could apply. After 1 1/2

months, my symptoms are just beginning to subside. This behavior always

amazes me.

Pat

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thanks for the wonderful advice..

words of wisdom..thanks so much..

I pray all goes well for you..

I have AS with lots of problems.

sleep apnea..

lactose intolerance,

love you all

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