Could it be that the lawyer wants us to fail the first time so he gets a bigger paycheck!!!!!!!!!
MADDOG
Posted by MADDOG (Member # 18) on :
Hi,The link doesen't work i will try to copy it and paste it.
MADDOG
Posted by lymednva (Member # 9098) on :
Maddog, you may use an attorney from the beginning. In fact, I recommend it.
I brought mine on after I had completed the paperwork, but before any decisions had been made. He immediately sent me for neuropsych testing.
While I was denied, as is the norm, I was never sent to one of their doctors. I think is it due to the neuropsych testing and my doctor's thorough notes.
Just my 2 cents. I was approved by the ALJ at the hearing after less than 5 minutes with him!
Good luck!
Posted by charlie (Member # 25) on :
Here it is...
IMPORTANT: If someone is helping you complete your Internet application, the information recorded must come from you, and you must be the person who electronically signs the application after it has been completed. We do not want to discourage other people (e.g., relative, friend, attorney, paralegal, employer, advocate group or organization member, etc.) from helping you to complete your Internet application. We do not want to discourage anyone from actually filing a claim on your behalf by other means. However, if another person does complete and sign the Internet application for you, there could be delays in processing the application, and you could lose benefits.
Posted by lymebytes (Member # 11830) on :
Lawyers get a minimal amount, no matter how many times they appeal, I think about 15% as set up by law compared to maybe a injury car accident at 40% of final pay out. They don't get more because they lose, they get NOTHING. So they want to and must win to be paid for their effort.
I got SS for 2 people by helping them. You never hire a lawyer before being turned down, everyone is turned down the first time around it weeds out the truly 'well' from the sick.
On the appeal, well written letters from family and friends who have witnessed your decline are very helpful and most important a note from your doctor that simply reads you are unable to work and both I helped got it on the first appeal.
Has your email changed? I got one kicked back the other day. Can you email me an answer? [email protected]
Thanks!
And...
Lymebytes said...
"You never hire a lawyer before being turned down, everyone is turned down the first time around it weeds out the truly 'well' from the sick."
I am afraid I'll have to make an exception in Maddogs case to that opinion.
I, for example, was granted it the first time around.
I also know the amount of paper work involved and the technical things that go on which require a lot of time and patience and thinking. LOTS of records to gather, etc...
If I were you Maddog.. I'd hire the lawyer from the git-go. No sense in adding stress and fighting with the folks that you don't need at this point. The lawyers know what to say.. and in your case..
What NOT to say... or know what NOT to leave out of that first application.
Let them work for their money. Don't do most of it yourself.... wait till you get turned down.. which could be months.. and then have to start over again and pay them to finish a job that has been hard and frustrating.
That's my best advise.
Thinking about you Maddog... and hope you are having a nice holiday.
Posted by bettyg (Member # 6147) on :
HI MADDOG!
this is up my alley; 5 yrs. of hell getting mine on the 2nd ssdi app.
1st, i'm going to send you 25+ pages of SSDI info galore from my newbie package from me, minoucat, connie mc, disinissues website and please sign up there for DAILY posts; it's not like here; you can read their files only...not Q/A!!!
also, read the end of my pages WELL FROM CONNIE MC. if you get your drs. to complete ALL THE REQUIRED FORMS/LETTERS THAT CONNIE RECOMMEND, and you have GOOD, DOCUMENTED MEDICAL REPORTS/LABS/X-RAYS,
you can WIN 1ST TIME, 1ST TIME and save yourself $5300 MAX the lawyer would get plus their misc. expenses of $100 - $500!!
do you have a family member or close friends who could help you on this ssdi journey? IF NOT, HIRE A LAWYER. if yes, give it your best shot to be approved.
use the medical drs. example on how to put your info together ok! IF WHAT SHE SAYS APPLIES TO YOU, JUST COPY IT AND USE IT.
if it doesn't apply to you, DON'T use it! why reinvent the wheel.
i'll send you my sheets about ssdi before i forget. print it off and read/re-read especially connie's stuff.
it's our combined work of love to HELP OTHERS avoid the hell we went thru applying and being approved! Posted by AZURE WISH (Member # 804) on :
Actuallly lawyers get 25% of what is granted whenever it is granted to so if by the time your disability goes through it has been 2 years than they get 25% of that 2 year back pay.
And yes you can use a lwyer from the beggining... find a new one. He sounds like he might be a lazy lawyer.
I was (and unfortunately still am far too sick) to have gathered everything that needs to be gathered , and organize and send things... I probaly still wouldnt have had mine granted if I didnt have a lawyer. Too much paperwork. It is difficult for me even in small amounts. Very glad I had a lawyer.
Is there a local lyme group where you could ask for the name of a GOOD disability lawyer?
Best wishes
Posted by just don (Member # 1129) on :
About all I can add is look for a specalist in this matter. TV ads are a GOOD place to seek a lawyer with LOTS of experience.
You wouldnt send your car to a heart surgeon for a muffler job,,,dont send yourself to a divorce lawyer for a ss case!!
I THINK they ALL get the same percentage so its to YOUR advantage to hire the best there is!!
I DO know its imperative to seek this WHILE you are still making money,,,self employed people are at a real disavantage cause IF there was no income for certain period of time(AND thats not long) you dont qualify!!
It works best for 'wage' earners!! I cant see how the common disabled person CAN do it themselves,,specially lymies cause TOO much to go wrong and too much to understand the process!!
I cant see HOW this could NOT work for YOU!!!Go gettum Tiger!!remaining--just don--
Posted by Greatcod (Member # 7002) on :
I really think one of the keys to getting on SSDI is to get the neuropsych testing. It presents objective evidence of disabling problems, whereas fatigue and pain are subjective symptoms--easy to fake--and not as convincing as objective symptoms.
Posted by bettyg (Member # 6147) on :
[QUOTE]Originally posted by AZURE WISH:
ctuallly lawyers get 25% of what is granted whenever it is granted to so if by the time your disability goes through it has been 2 years than they get 25% of that 2 year back pay.
azure, sorry, but i have to disagree there; it is limited to ONE YEAR, $5300 MAX.
i tried to find it in the link below, but i couldn't find it in 10 minutes, so quitting.
CONNIE MC, member would know since she is a NON-lawyer rep for folks filing SSDI claims!
Posted by map1131 (Member # 2022) on :
Maddog, you've got tons of history on how you have continued to work. Even your work enviroment has effected your health. Remember it's not the name of the illness, it's the limitations it puts on your life to do what you are trained to do.
It's how this symptom and that symptom have effected your work and ability to function at work.
I recommend a lawyer now. Shop around and ask for referrals on disability lawyers. Get this process going so you can focus on healing you.
Tons of paperwork from the beginning. More paperwork will arrive. Ky couldn't deny my pain. They questioned my depression and neuro symptoms and they sent me to head doc. He said I was not able to function at this time in work enviroment.
I didn't know what this doc had reported after my visit until the hearing with judge. SS still turned me down the 2nd time after their doc said his part. By the time my 2nd denial had come in the mail, I had just been to lawyers to give him all the information to take my case.
Lawyers did the paperwork and leg work after that. Paperwork would take me days to do by myself. I had to take a full day break after doing just 2 hrs of their paperwork.
It was very stressful. Take care of you.
Pam
Posted by map1131 (Member # 2022) on :
Maddog, you've got tons of history on how you have continued to work. Even your work enviroment has effected your health. Remember it's not the name of the illness, it's the limitations it puts on your life to do what you are trained to do.
It's how this symptom and that symptom have effected your work and ability to function at work.
I recommend a lawyer now. Shop around and ask for referrals on disability lawyers. Get this process going so you can focus on healing you.
Tons of paperwork from the beginning. More paperwork will arrive. Ky couldn't deny my pain. They questioned my depression and neuro symptoms and they sent me to head doc. He said I was not able to function at this time in work enviroment.
I didn't know what this doc had reported after my visit until the hearing with judge. SS still turned me down the 2nd time after their doc said his part. By the time my 2nd denial had come in the mail, I had just been to lawyers to give him all the information to take my case.
Lawyers did the paperwork and leg work after that. Paperwork would take me days to do by myself. I had to take a full day break after doing just 2 hrs of their paperwork.
It was very stressful. Take care of you.
Pam
Posted by AZURE WISH (Member # 804) on :
"azure, sorry, but i have to disagree there; it is limited to ONE YEAR, $5300 MAX. "
It wasnt limited to one year for me. Maybe there is a max $ amount...I dont know.
I was 23 when I was disabled so short work history and 25% of what I got for back years was less than $5300...
Maybe the rules have changed since my disability went through ... i dunno.
Good luck maddog... the key is to find a good disability lawyer... I have heard that some arent so great.. so I would ask around if there is a lyme support group or even a ms, cfs, fibro group... anything lymelike that disables. Posted by MADDOG (Member # 18) on :
Hi Gang,Thanks to everyone for the information.
I will have a lawyer from the getgo I wont fool around with the gov.,it takes a lawyer to get it right the first time.
MADDOG
Posted by terri3boys (Member # 12993) on :
MADDOG,
Get a lawyer to go through the whole process of applying for SSD. It's a hard, confusing maze of stuff to wade through ------ especially when you're SICK!
I didn't know ANYTHING about SSD, but I got some referrals from a local support group. I called 3-4 attorneys on the list and found one I liked.
She was fantastic, and I don't know HOW I would have done it without her. My SSD went though the very 1st time, although I know that is unusual.
Apparently, my medical records along with all of other paperwork you fill out satisfied the requirements.
My attorney told me to answer all of the paperwork HONESTLY, which I did. Getting THROUGH the paperwork was still hell ---- it took me at least a month to fill it out to the best of my ability.
I sent it to her with yellow post-it notes all over it finally. She took over at that time, and my case went through in about 3 months. Amazing.
The backpay is based on ONE year, and my attorney received her well-deserved 25% of that. The govt. automatically takes out the 25% from your backpay check.
Then you'll start receiving your monthly checks, which are WAY less than that one backpay check you'll receive.
My best advice to you: Find a GOOD attorney who specializes in SSD. Do it from the very beginning!
Good luck and take care,
terri3boys
Posted by Ann-OH (Member # 2020) on :
Back to your original concern: They just say that a lawyer or anyone else can't do the internet application for you. That makes sense, really. They do say:
"We do not want to discourage anyone from actually filing a claim on your behalf by other means."
You should definitely get a lawyer who knows how to handle Social Security Disability cases as TC says "from the git go"
Ann-OH
Posted by lymednva (Member # 9098) on :
SSDI attorneys are limited to receiving 25% of back pay OR $5300, max.
I found mine through a local support group. I think they are excellent sources for things like this.
There are people there who have gone through it successfully and they should be able to help you out in finding a good attorney.
I personally wouldn't choose someone because they have an ad on TV. I don't know of anyone who has won using those guys and I hear the same names over and over again in different support groups.
They also have them speak at meetings, which is a great way to get a feel for one and find out more about the process.
For instance, I am on LTD and I had to file for SSDI, but I didn't want to use their attorney.
It just seemed a bit fishy to me and I felt it was too important to leave it to someone who wasn't that familiar with my particular problems.
I learned at the meeting he attended that I could use someone who wasn't chosen by the LTD company, even though they told me there was no need to use someone else.
Let's see, they are in NH and I'm in VA. Should I use an area attorney, or one in NH? DUH!
My attorney makes house calls, even when you aren't right next door.
It's only for the initial meeting, but that meant a lot to me, and it showed he knew how difficult it was for me to go out to his office, which I could not have done by myself at that time.
The other part I found helpful was when I was at the ALJ's office my attorney has been doing this in the area for so long that he knows the judges and they know him. That certainly didn't hurt.
Posted by JRachel11 (Member # 12891) on :
Why does everyone say that its "common" to get denied the first time?
I was approved the first time, w/o a Lawyer---for Chronic Lyme disease (and all of the effects it's had on me---unable to walk, seizures, narcolepsy, stomach paralysis...etc)
So, its definitely possible to win, first time, without a lawyer.
Posted by bettyg (Member # 6147) on :
rachel, you are one of the miracle cases, 1st time without a lawyer.
did ou join disinissues web site for guidance and using their valuable files?
each state is different depending on illnesses listed.
did friends help you who HAD SSDI EXPEREINCE of preparing paperwork?
what tips do you offer maddog? ******************************* Posted by ConnieMc (Member # 191) on :
The fees an advocate or attorney can charge are 25% of back pay awarded the claimant up to a max of $5300. There is no 1 year restriction. Some of these cases go on for 3 plus years, especially in states where there is a backlog.
For example, if I take a case that is already at hearing level, the claimant may have already been in the system for 2 plus years. When they win at hearing level, my fees are 25% of whatever their back pay is up to a max of $5300. This includes back pay from the beginning, including SSI and SSDI.
I have had several clients recover over $50,000. My fees on a claim like this are the max, $5300. Therefore, the client does not end up paying me the full 25%, since there is a cap on fees.
Many attorneys and non-attorney reps will take cases from the beginning. Some won't. Do try to find someone who specializes in SSA disability work, and someone who also has experience in "invisible" disabilities like CFS, fibro, etc. Lyme cases are typically handled the same way. Work on pulling together as much objective evidence of impairment as you can. Positive SPECT scan, tilt table test, sleep study, positive Lyme labs, neuropsychological testing showing cognitive impairment, x-rays showing joint swelling, etc.
Then it is easy to show that the medically determinable impairment is reasonably expected to cause subjective symptoms of impairment like pain, fatigue, flu-like stuff, etc.
Best of luck to you Maddog.
Posted by JRachel11 (Member # 12891) on :
No, BettyG, no friends helped me. My mom helped me, but she too had never been through the process before.
I believe I was most likely approved first time w/o a lawyer because of the severity of my case, and all of the documentation that I have to back it up.
I have not been able to move my legs or walk for years now,
I developed Lyme-induced Guillian Barre Syndrome (now it's Chronic Immune Demeylinating Polyneuropathy)--I have many abnormal EMG's, Nerve Conduction studies, Nerve Biopsies, Tilt Tables, and other Neurological testing via my Neurologist (who is one of the best Neuro's in NYC).
I have also undergone Video/EEG monitoring several times at NYU and Columbia University due to the extreme Seizures I have (That were induced/caused by Lyme Disease). I have had several sleep studies, which all show severe Narcolepsy (including Cataplexy, Sleep Paralysis, and Hypnogogic Hallucinations).
I went through Neuro-Psych. testing with two of the most prominent LLMD/Neuro-Psychs in NY and NJ---both showed many deficits, and both doctors wrote up excellent reports.
My stomach has become paralyzed due to Bartonella/Babesiosis infections, My only way of getting food is via a J-tube I had inserted into my small intestine, and I am also on TPN through my PICC Line- I went to see the LLMD Gastro. in NJ, his evaluation was pretty detailed. My regular Gastro. was able to detail the worsening of the GI symptoms and explain all the tests he ran (Endoscopy's, Colonoscopy's, EMG of the Stomach/Gut, Stomach Emptying Scan,...etc)
I have also gone over to the Columbia Lyme Research Center---I've had many brain SPECTs done--all have come out "Severe", and showed many deficits on them as well.
My LLMD is also one of the Top 3 LLMDs in the Country and tape-records all appointments, so his notes on my case are fantastic. My only treatment option is IV antibiotics due to my not being able to swallow and the Severe Stomach paralysis--and he also has cleary shown that in his notes too---Justifying his long use of IV abx.
My case is severe, I've seen 8 LLMD's and most threw their hands in the air and told me I was too "high risk" and "complex" and they had "never treated such a severe case before"....But I am sure I am not alone, others out there w/ Lyme/Co-infections must be like this too.
My advice to anyone looking into disability would be ---BACK UP YOUR CASE!
Posted by bettyg (Member # 6147) on :
rachell,
you have been thru the mill, and my heart goes out to you! thank you for sharing your severe lyme story and all you have been thru!
conniemc, thanks for adding more details on $$ atorneys and folks like yourself get!! it is much appreciated. Posted by perplexed (Member # 1913) on :
I got my SSDI the first time, and it only took 3 mos. I filed it myself with my local SS office and spent many hours doing it and getting all my info in order.
I was approved for Mood Disorders and Lyme Disease.
So, it can be done without a lawyer.
Hugs, Perplexed Posted by ConnieMc (Member # 191) on :
I was also awarded benefits at the initial level. I had a compelling neuropsych showing even the loss of "executive function" and significant loss of IQ points. Also short and long term memory problems.
Also lots of consistent "longitudinal" evidence (doctor's notes generated over a long period of time), which is very important in a disability claim. I also obtained a letter from my employer outlining the reasons I was unable to continue in a job I had for 14 years. It was very descriptive and covered many of the issues which would help document my inability to perform any job.
So it can be done. And my background in disability management working as a hired gun for workers' comp and LTD carriers helped me quite a bit. My entire career i was charged with documenting employability of claimants, so I simply used that experience to document why I could not work.
So far as a non-attorney advocate i have had a great deal of success helping SSA claimants. Since i was formerly a vocational expert myself, i can go up against the best VEs used as witnesses at SSA hearings. My last hearing case was won primarily based on the questioning of the Voc Expert the judge had hired to appear at the hearing.
Unfortunately here in NC the SSA backlog is HUGE. But things do seem to be moving now primarily due to that article in the NY times a few weeks ago.
Good luck to anyone who has to deal witrh this difficult process.
Posted by merrygirl (Member # 12041) on :
I have read a few posts that say that people have been approved for Chronic Lyme disease.
I was under the impression that we should not write that but write the problems that it causes like Chronic fatigue etc etc.
Obviously I will take this under advisement from a lawyer, but anyone have a suggestion on this??
Thanks, Melissa
Posted by ConnieMc (Member # 191) on :
quote:Originally posted by merrygirl: I have read a few posts that say that people have been approved for Chronic Lyme disease.
I was under the impression that we should not write that but write the problems that it causes like Chronic fatigue etc etc.
Obviously I will take this under advisement from a lawyer, but anyone have a suggestion on this??
Thanks, Melissa
The Lyme cases I have handled have been approved under several listed impairments, including depression, organic brain syndrome, arthritis, and under the ruling on CFS.
Also claims can be approved under residual functional capacity when info is very strong that the claimant's residual functional impairment is so severe that they could not possibly perform even sedentary work.
There is no listed impairment for Lyme Disease but that can be used as the medically determinable impairment cited as the reason a claimant is unable to perform sedentary work due to severely reduced functional capacity.
If a person has a high school education and above, it is critical to show and prove cognitive impairment, as SSA generally considers transferable skills to sedentary work if the person is assumed to have "normal" brain function.
Oftentimes it is the brain dysfunction that disables Lyme patients, and it is critical to have documentation of cognitive problems like in a neuropych. Also, back up documentation to report day to day problems with activities of daily living due to cognitive problems, like statements from spouses or friends or former employers.
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