i have a lot of q's but i want to go easy on your eyes, so im posting each one seperately. is there anyone here who has gotten disability for lyme? if so, is it a hard case to prove? will they say that you have to be CDC positive?
Posted by seekhelp (Member # 15067) on :
You don't get disability for an illness. You get it for what you cannot do anymore. Simple as that. Attaching diseases to your resume is a pointless endeavor in that world. Posted by katrinab (Member # 30330) on :
i think i would have to prove why i cant do things anymore. otherwise someone could say i was making it all up to cheat the government. if someone cant work due to lyme because their joints hurt for example, there would have to be some kind of medical proof to back that up such as a lab test or a diagnosis. i dont know how i would prove i cant do certain things without something to back that up
Posted by TF (Member # 14183) on :
I have a friend who had a fibromyalgia diagnosis for years. She was turned down for Social Security Disability benefits.
She eventually got an attorney and got approved with a lot of back benefits paid to her for all the time she should have been approved.
By this time, she had had an unexplained heart attack and her brain was shot.
Then, I took her to a lyme doctor and she found out she had lyme, babesiosis, and bartonella. This is what was actually wrong with her all that time. She treated for a number of years and got well.
So, that's a case that wasn't won easily, but it was eventually won. If you iteracted with this woman for even a short period of time, you would see how bad her brain was. The lyme doc even told her at her first appt to videotape herself every month so that she could look back and see the improvement.
He told her, "You really don't realize how sick you are." It was so true.
Everything he said went over her head.
In cases like this, Social Security could send you for an evaluation by one of their doctors. This is how you could have proof that you are too ill to work. If that doctor says you have the brain of a stalk celery, that will mean a lot toward getting your case approved.
Also, Social Security will only approve disability benefits if your disability is expected to last at least 1 year. That makes it difficult for those with lyme. So, it may be that you get denied and have to keep appealing it. Then, eventually, they say, "Hey, look how many years this woman has been sick."
So, it can be a hindsight kind of thing with a disease like lyme. Because, some people get treated and cured of it quickly, you likely won't get approved for benefits with a lyme diagnosis--at least not at first attempt.
Posted by Bugg (Member # 8095) on :
KatrinaB-
I would hire a disability lawyer to help you file for Social Security Disability...they know the proper way to fill out the paperwork and how to appeal if necessary. Depending on the state in which you live, it can take months to years to be granted disability. Most people are usually initially denied and then you have to appeal....
If you hire a lawyer, remember that you only have to pay him once you are awarded benefits. That amount is capped by federal law at, I believe 20-25% of the award.
I used Eric Buchanan for both my social security case and my ERISA case. He is very lyme-literate. He was fantastic. I would at least give him a call and see if he can help you.....he'll give you free advice over the phone anyway....just fyi, he's in TN but that doesn't matter as Social Security is a federal, not state, law....
I had gotten a disability lawyer too. There was no way i could ever deal with the paperwork requesting medical records etc. i am just too sick.
I would want references from satisfied clients to make sure whoever u pick is good.
Posted by Rene (Member # 4870) on :
You do not have to be CDC positive. In my case I spent several months filling out the application online. Next, they sent me to 5 different physicians (paid for by disability.) I was turned down twice. I then got a lawyer and was able to be approved. Be prepared for at least a 2 year wait.
Posted by Cheer Mom (Member # 30827) on :
I had to file for Social Security on my own and be denied before a lawyer would help me. I don't know how all law offices work, but my local lawyer would not even see me until I was denied by Social Security.
I do have lyme disease, but I have had a chronic fatigue-fibromyalgia label for about 10 years. So, I used all of the terms for my disability...Chronic Fatigue, Fibromyalgia, Chronic Lyme Disease, Sleep Disturbances....everything!
Good luck!
Posted by annier1071 (Member # 28977) on :
I am currently going through the process now. I filed online on my own. They got in touch wiht me within a week. SSD goes by symptoms, there are very few named diseases that are on their automatic favorasble list.
I filed dec 2 and have been to their office in my area 3 times already to see a specialist of theirs for each symtom..it is a joke. I spent 4 mintues with their psych for anxitey and depression. Then 5 minutes the next week for arthritis. They asked if I could do certan things and took an xray of my knee. Now I have to go back this week for xray of my lower back (even before my doc order and MRI of my lower back for pain?)
My caseworker told me not everyone is denied first time but most are. She said if it happens make sure to appeal within 10 tens. I can either get a lawyer at this point (who take 30% of your retro if you win) or go before judge and explain why I cannot do accounting for the NYPD any longer due to my cognitive issues. Almost all are approved on appeal with our symptoms.
There are lawyers who will take the case from the start but you almost always wind up appealing anyway so why pay them more of your money?
Posted by Abxnomore (Member # 18936) on :
That's right. Don't get a lawyer unless you are denied the second time. Most people make that mistake and get a lawyer after the first denial and give 1/3 of their retro active settlement to the lawyer.
I got mine on the second try without a lawyer.
Good luck!
Posted by bigstan (Member # 11699) on :
I just won mine and collected retro pay. Won it this past August with a disability attorney. This past January woke up checked checking account and there it was.
Although my monthly benefits started the next month after I won September 2010. About 90% of cases are denied the first time. The info supplied by Abxnomore, and annier1071 is incorrect about the amount the lawyer can collect if the case is won.
The fact is that the lawyer can collect 20% off the lump sum and no more then $5,200.00. This fee is paid to the attorney directly from the government. The government sets this wage not the attorney.
I initial applied online 6/2006. I was denied in 9/2008. Then the lawyer got involved. I chose the lawyer because of the extensive medical files I have obtained over the years. Currently the box of medical records is over 2 ft from my floor.There was no way with my cognitive dysfunction that I could keep everything in order and up to speed.
The government will send you to so called specialists. You will see a psych, also an internist. In my case a little old Chinese woman who barely spoke English.
Of everything I read above seekhelp said it best. "You don't get disability for an illness. You get it for what you cannot do anymore." Exactly, right to the point. Even an attorney will tell you that.
Yes lyme was listed as one of my disabilities but when it came down to it disease was not really the basis on whether or not I would be approved. It was what I couldn't/can't do anymore. Like my job, drive a car, go for a walk, grocery shop, go to the movies, go out dancing etc.
My hearing was in Lansing, MI. In the room present was my lawyer, a stenographer, and vocational expert. The judge was in Chicago and I watched and listened to her on a big screen and she also could see and hear me.
For me it was really smooth. Both the SS doctors I saw were in agreement with me. Lyme wasn't discussed once. Nor any other disease. But the things that were relevant were secondary things for example I have POTS, rapid heart-rate.
Also dizziness, migraine headaches, unable to be on my feet for long period's of time, etc. All things pertained as to why I couldn't do certain things anymore.
They looked at all my past jobs and even the vocational expert spoke up and said that they were all skilled jobs and required training and skill to preform. That I couldn't possibly preform at this time.
Beside stating his name my attorney didn't speak too much. That's how smooth it went. Most questions were designated to me and I answered briefly. I felt at the time that it was good to have an attorney present. One who truly knows the disability law. So I gladly paid him his share.
Hope this helps be prepared to know of the long wait and backlog. Many more disabilities cases now because of the economy with people being out of work.
Good luck
[ 03-16-2011, 04:35 AM: Message edited by: bigstan ]
Posted by ladyjenie (Member # 21098) on :
A few things I did for my disability case:
I bought a book online written by a former social security administrative law judge and took tips from it. It was my bible for 3 years until I was approved.
The book listed categories for illnesses such as Muskoskeletal for those with arthritis, lupus, etc. Mine fell in this category. One out of 3 markers had to be positive to qualify for this category -- POS Sed Rate, Pos ANA, & something else (mind not working just now).
I also built up an extensive medical file and kept all my records and journaled all doctor visits, tests, etc. because SSA asks for dates, doctors names, etc.
I used one of the best rheumatologists in Dallas and his name was well-known by SSA and he documented every symptom and diagnosis with extensive clinic notes, xrays, lab, etc.
If SSA needed a letter from one of my doctors I drafted the letter, often typing it 10 times until I felt it satisfactory then I asked my doctor or rheumatologist to sign it and put it on his letterhead. This is what I sent to SSA. Never leave this to your doctor, especially a surgeon, because it will not help your case.
Lastly, when I filled their application out I put on many questions the same answer -- "cannot sit, stand, or walk for over 15 minutes without rest in an 8-hour day". I also chopped up their application, instead of answering everything "yes" or "no" I cut and pasted my comments on their form and comments consisted of "cannot do that because of pain", "cannot do that because of mobility issues", etc., and never, never tell them you can do things like cook meals, clean house a little bit and so on. Point blank tell them ""you cannot do it"".
None of this was lying on my part. I had been ill in bed 9 years with pain, severe arthritis, and fatigue and had the records and tests to prove it.
It is about what you can't do yet you have to have documented medical evidence to back it all up.
I am sorry I got away from the original post but maybe this will help someone starting the disability process.
Posted by Rene (Member # 4870) on :
I did not give 1/3 of my settlement to a lawyer. I received my disability in 2005. Maybe things have changed??
Posted by stymielymie (Member # 10044) on :
the usual fee and i think it is set by ss is 25% sometimes the lawyer will settle for 20 if he takes you on as a continual basis. the system of ssdis is set up the only work with disability lawyers. in going through this 3 times, ssdis private dis and workman's comp, I can tell you I am an expert on the process. the lawyer you pick should have a sub-specialty in medical cause ssdis. if you don't it will take you more time, because explaining all the complications to a regular lawyer will drive you crazy, since they have no idea what your talking about. if you can,find one with lyme subspecialty ask your local lyme group. if you live in pa ,i can give you mine. you do get it retroactive for a year ,so don't wait to file if you are disabled. don't be up[set when you are denied the first time either, it is the process. docdave
Posted by lymednva (Member # 9098) on :
I used an attorney from almost the beginning. he sent me for neuro-psych testing, which is what won it for me, eventually.
I think different attorneys have different guidelines for when they will take a case.
I believe there is a maximum amount an attorney is allowed to be paid.
Posted by Bugg (Member # 8095) on :
Hi All-
If you are filing for social security disability, the fees an attorney can charge are SET BY FEDERAL STATUTE are are as follows:
�The fee specified in the agreement does not exceed the lesser of 25 percent of the past-due benefits or: ◦$4000 if the fee agreement is approved before February 1, 2002. ◦$5300 if the fee agreement is approved on or after February 1, 2002. ◦$6000 if the fee agreement is approved on or after June 22, 2009.
So, in other words, your fee won't be more than $6,000. Of course it's an individual choice to hire an attorney but experienced disability attorneys are usually very successful at getting your benefits approved...they know what to file and what not to file....
Posted by LymeMom Kellye (Member # 24807) on :
My husband was approved through the help of Allsup. They are amazing! Very knowledgable,as all they do is to help people get approved for SSDI. I don't work for them or get anything, but just wanted to share as they were a lifesaver for us!
I didn't get the chance to read all of the comments but I am in the process too. I applied for Oregon State health insurance for low income people, but they denied me because I am eligible for disability.
We have the process started but I have no faith that I will be approved! And besides that, I am really hoping that i won't need it in a year! However, I am going through with it all just in case.
Posted by jarjar (Member # 8847) on :
For those that are on SS disability or seeking to get on SS disability. I strongly urge you to see a M.D. every quarter and when you get a review of your case to go immediately to your Doc and have them write a short paragraph stating that you are seen regularly by them and remain unable to return to work.
This info was passed along to me by me atty. When SS receives this info from your doc stating you are still unable to work the review comes to a halt and does not turn into a full blown medical review where they often attempt to kick people off of disability.
Believe me I have been kicked off before and had to fight to get back on. Since then whenever review comes up the note from my doctor brings everything to a halt. If this helps one person it was worth my time to post this.
Posted by n2themystic (Member # 27315) on :
I applied for 3 month short term disability through my company. I had 2 llmd's and a DO all write letters and provide records.
My company uses a company called matrix to handle their short term disability claims.
It was denied by the nurse they use saying records they received were not good enough. I and one of my llmds wrote a follow up letter and they had another nurse review my case. Same answer.
At that point I went to my company's HR representative and they agreed to have a third party doctor do a peer review.
Not surprisingly the doctor said the same thing. They basically said that we had to provide an "objective" medical record/test showing I couldn't work. I asked what tests there are that measure a person's pain, fatigue, brain fog, etc.
They told me they didn't need to provide me with the tests they would accept and that was up to my doctors.
So basically they denied it and didn't give me or my doctors any hope of providing what they said they need. So it was denied and I had to pay back what money they had paid me during the review.
I escalated another level at my company. They listened and and said they would see if they could get my case looked at again and use Fibro and CFS as examples.
I looked into a lawyer but they only wanted to take my case if it was for long term disability.
I hope your case goes well. Good luck!
Posted by Bugg (Member # 8095) on :
Hi All-
Please keep in mind there are different TYPES of disability:
1) SSD-federal government..disability coverage you paid into over the years; now you are applying for this for maintenance because you can no longer work due to your disability 2) SSDI-federal goverment; supplemental assistance based on medical and/or financial need 3) short term private pay disability through your employer governed by state insurance laws 4) long term private disability through your employer governed by state insurance laws 5) short term private pay disability through your employer self-funded plan governed by ERISA laws (federal laws) 6) long term private pay disability through your employer self-funded plan governed by ERISA laws (federal laws)
....I think it's a good idea to always point out the TYPE of disability you are discussing as different rules/laws/processes apply based on the TYPE of disability....
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