Re: Re: Starting the disability process

[Guest guest]

Tammy -

PatB's question is a very good one. You should find a way to ask the doc

if he can support you in a disability claim. You do not have to be totally

disabled - only unable to do your usual and customary work for the amount

of time/day or week that you have been doing. If you don't have a long

work history, you may only get SSI, instead of SSDI. SSDI is not means

tested; SSI is.

In any event, you should see a lawyer early!!!! I know this is scary for

many. It was less so for me because I am a disabled lawyer - but I knew

that from the get-go every word you put down is critically important - and

I knew nothing about this area of law. Also, I didn't want to spend hours

worrying whether I had filled out Form X correctly or whether it would come

back to haunt me months later in the process.... Then the lawyer can deal

with your Doc, after you have had a brief preliminary chat with the doc,

and perhaps be more useful in educating him about the requirements for

disability, and what language to use in the report he will ultimately have

to write for you. (For example, many docs falsely think that you have to be

totally unable to work at all to qualify for SSDI. Not true.... but

they're more likely to believe your lawyer than to believe you!)

What about money?? In this case it is pretty simple. Costs you nothing up

front. The lawyer can't even charge you for the first visit, even if you

don't sign up. Attorney gets paid at the end of the line, only if you

collect benefits, and the max fee is capped by federal law. In sum, the

lawyers fee is 25% of your back benefits award or $4000, whichever is

less. So if you score more than $12,000 in back benefits, by the time you

get an award of benefits, the lawyer's fee stops at $4000, and if you score

say only $8000, then his fee can be only 1/4 of that or $2000. It's a

really good deal!!!! I know. I hired one, and got benefits the first time

around - about 3 mos after applying. What a blessing!!! Overall, the

odds,statistically, are,38% in round 1, about 15% in round two, and

substantially more in round 3 (which includes a hearing) The SS

bureaucrats take much more seriously paperwork filed by lawyers -

especially if it is someone they know and deal with on a regular basis, and

know he/she submits tight well-documented cases. Paperwork filed by

individuals tends to get denied more often. It takes a year to get to

stage 3 and a hearing, which is the first time that any person in authority

actually listens to you speak about your situation.

If you choose this route, be sure you engage someone who does only

disability law and nothing else. The field is highly complex and

technical; the rules keep changing often, and it takes someone who is an

expert to give you up to date advice, and to get your work done efficiently

and correctly. Also, if you happen to have any private disability plan

involved, which is not cooperating, you may need expert

representation. Your SSDI lawyer may be able to do this, and if he/she

cannot , an SSDI specialist can refer you most competently to a " long term

disability " specialist.

Most SSDI specialists will have a paralegal(s) who does most of the work in

cases like yours or mine - don't be surprised or put off. In order to make

a living on these fees, and support an office (which chews up 50% to 60% of

the fee you pay), the lawyer has to do a high volume of cases, and has only

a small amount of time he/she can afford to spend with you and couldn't

manage all that without some high level help from a sharp non-lawyer, who

knows the law and the forms, and the bureaucrats, and the judges as well as

he does. If you are in the SF bay area, I can suggest a name or two. If

not, there are one or two networks online (try Google under " disability " or

SSDI, or " disability lawyers " , or " applicants attorneys " ) that contain

geographic network information nationwide. If this doesn't work out,

contact me privately. Deep in a file somewhere, I have hard copy on one

such network, but it will take a little digging to find....

PS, if you want to learn more on your own, buy the Nolo Press book entitled

" Nolo's Guide to Social Security Disability " - in paperback (8.5x11 format)

for about $20, or order from Nolopress.com

Hope this helps..

e

At 04:06 PM 11/5/02 +0000, you wrote:

>I too am at the point where I need to apply for disability. I have

>heard also that you are always turned down the first time, but you

>should reapply. My physical health is so unpredictable from day to

>day that there is no way i can keep a job. It's a real good day if i

>can keep the house clean, do a load of laundry, and fix a meal for

>the family! I'm currently taking Alzulfidine 500mg 3x a day with no

>relief. I'm researching mtx but, because I want to have another

>baby, dr. says I cant use that. considering giving up the baby

>thing........how can i take care of a baby if i cant work?? Mr. dr.

>says there's still no " new starts " on Enbrel until Jan. It's been

>hard for me to admit that maybe it's time to apply for disability.

>It's almost like giving in................and i'm not a quiter!! Im

>sure that I'm making it a bigger deal than it is, but that's what I'm

>good at

>Take Care and God Bless

>Tammy

>

>------------

>Tammy, Hope you try at least a couple DMARDs before applying for

>disability. For what it is worth I rememeber being a lump until the meds

>started to work. I've continued to work full time as long as I take my

>medicines. I remember not being able to pull the clothes out of the

>washer, not being able to drive very far, not being able to get the dogs

>out of the dog runs etc before the meds kicked in. The younger you are

>the harder it will be to get disability. What does your doctor say about

>disability because he will have to do paperwork to support your claim?

>PatB moderator

>

>

>

>Please visit our Psoriatic Arthritis Group's informational web page at:

>http://www.wpunj.edu/pa/ -- created and edited by list member

> aka(raharris@...).

>

> In August 2001 list member Jack aka(Cornishpro@...) began

> to conduct extensive research which he publishes as the Psoriatic

> Arthritic Research Newsletter monthly in our emails and digest format.

> Many thanks to Jack. Back issues of the newsletter are stored on our PA

> webpage.

>

>Also remember that the list archives comprise a tremendous amount of

>information (Over two years of messages and answers).Feel free to browse

>them at your convenience.

>

>Let's hear from some of you lurkers out there! If you have a comment or

>question chances are there is a person who has been around a while who can

>help you out with an educated guess for an answer. If not we can at least

>steer you in the right direction with a good website to go to for the answers.

>

>Blessings and Peace,

>

> Atwood-Stack, Founder

> Alan , Web & List Editor

>Jack , Newsletter Editor

>Pat Bias, List Editor

>Ron Dotson, List Editor

>and many others who help moderate (thank you!)

>

>

>