quote:

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sorry my brain is just so bad.

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I would suggest you look into neuropsych testing. That is what helped me win my SSDI in 5 minutes in the judge's chambers. He announced in the room I was approved.

I used an attorney, in part due to my cognitive problems. He was the one who suggested I see a psychologist for this testing, and he told me which one to go to.

You might want to contact your area support group if you do not have an attorney to advise you about this.

Good luck!
 

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Posted by JKMMC09 (Member # 15795) on :
 
I was able to win SSDI with a diagnosis of Lyme on th e 1st try, no lawyer. It really does go by symptoms, not diagnosis. The new diagnosis of Lyme doesn't change your symptoms so I guess there is no real need to share the info, but don't withhold it either (make sure a copy of the test is in your charts). Best of luck
 

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Posted by Tracy9 (Member # 7521) on :
 
Anyone with experience in CT? I just found out my ALJ hearing is Sept 25th. My entire application is based on Lyme Disease and co infections.

My attorney developed a Lyme Disease Questionaire which the doctors could easily fill out, that highlighted all the debilitating symptoms. Both my LLD and PCP filled it out.
 

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Posted by ConnieMc (Member # 191) on :
 
I am a non-attorney claimant representative - with Lyme.

I have represented numerous claimants with Lyme. The way I approach a claim depends on the evidence available - Lyme does so many different things, every claim is different.

First of all, a claimant must have a "medically determinable impairment" which is reasonably expected to cause the alleged symptoms or disabling conditions. A + Lyme test isn't necessarily needed. I have had several cases awarded based on a clinical diagnosis.

Once the above is satisfied, I decide if any SSA listings are met. For someone who has a very compelling neuropsychological eval showing severe cognitive impairment, I will work up the listing "organic brain syndrome". For someone who has severe arthritis with obvious changes on x-ray and obserable swelling, I might work up one of the musculoskeletal listings. Same with any other Lyme-related symptoms - cardiac, etc.

But to take it one step further, I will work to show the functional impairment caused by the medically determinable impairment. "Subjective" symptoms (pain, fatigue, etc) are fine, as long as there is longitudinal evidence that documents the frequency and duration.

Most Lyme claimants will win on residual functional impairment ... meaning that the evidence clearly shows that they have a medically determinable impairment that is reasonally expected to cause disability to the point where an individual is unable to perform substantial gainful activity.

When I complete a pre-hearing brief, I cover all of the above areas. It is not unlike putting a puzzle together.

Medical evidence is the key. Make sure your doctors state things in functional terms. To the best of your ability, follow all prescribed treatment. Before each medical appointment, write down critical points - new symptoms, struggles with activities of daily living, brain function, etc, etc.

Thus far, using the above strategies, I have had 100% success with Lyme cases, both at hearing level and lower levels. Do find a disability representative who understands illnesses like CFS, fibro, Lyme, etc. It is critical to do so. You will need a rep who will go the extra mile to do what it takes to put that puzzle together for the judge or DDS, whichever applies.

Good luck...

PS, I live in a state where one of the best LLMDs in the country was taken to trial for his way of treating Lyme, and he ultimately left the state to practice elsewhere. However, that has not had any impact at all on SSA decisions. Judges frequently cite Lyme as the medically determinable impairment in these decisions, and they have seen first-hand through medical evidence what Lyme can do to a person.
 

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Posted by smiles132002 (Member # 7949) on :
 
I have being considering going on disability for the past month. I went from fully functional (probably 80%) to barely being able to maintain.

Luckily I just started my job, so not a lot is expected of me...that being said I have no completed a 40 hour week since I started July 7th. They have NO idea I am sick, but I get home and crash. Monday I am ok tuesday is tough wednesday is rough thursdy is a disater and friday and disasterous. I literaly struggle to keep my eyes open. My joints are so sore and sitting is difficult.

It's just been so hard the last month in a half and my doctor suggested I go to on disabiltiy since I just retested positive for Lyme on IGG and IGM (or whatever that igenex thing is)

I was thinking of going with encepholidice (sp?) clearly I have it..haha

but here's my moral concern-if we all (lymies)going on disability under "cfs" or what have you then the medical board isn't going to realize how serious lyme is! We need to all claim disability under LYME-otherwise we're going to get no where..

it's tough but we have to stay strong! Any suggestions would be great
 

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Posted by jam338 (Member # 14002) on :
 
Connie, thank you for all the great advice and taking the time to write that for us. My SSDI exams are next week, ugh. There is no doubt they can "see" I am sick. I can barely walk or talk and look like I should be hospitalized, seriously. I am well past the stage of hearing, but you don't look sick. Now, my my primary doctor writes in my files that I look like a very seriously ill woman. Duhhhhhhhhhh, no sh**. I feel like and look like a toxic wasteland. When talking and having to answer questions with one on one communication I experience what I call brain stutter, and that manifests in my speech as speech stutter.

I have heard that 80% of all new claims are denied. I applied on my own online figuring that would likely be the result, and if denied then I will get representation to help me. My field office representative expressed how well presented my application was. I am not sure if that comment hurts or helps. I made sure I told her I had friends who helped me with it. Having it well presented, whatever that meant, won't of course help me getting it approved. But, it will help a representative in wading through and putting it together for later.
 

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Posted by bettyg (Member # 6147) on :
 

quote:

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Originally posted by Tracy9:

Anyone with experience in CT? I just found out my ALJ hearing is Sept 25th. My entire application is based on Lyme Disease and co infections.


My attorney developed a Lyme Disease Questionaire which the doctors could easily fill out, that highlighted all the debilitating symptoms. Both my LLD and PCP filled it out.

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no experience w/conn. but have these statement and please review my REORGNAIZED newbie package link below for 24-35 SSDI info i have galore including CONNIEMC'S suggested forms be completed.


compare them to what your drs. completed!!
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read also on how to prepare for hearing that daY;

clean clothes; no holes; but clothes you wear around home; NO SUNDAY BEST.

NEW JEWELRY; NO MAKEUP;

in my case, i brought my heating pad 1st time; my ice packs 2nd time.


warning, someone will be watching you as you leave building to go to your car ... show how disabled you are during your walk, etc.


is it in person or a VIDEO ONE? i took my own tape recorder to 2nd one where i was only one in room for video one! i hauled 2 full boxes of my files; didn't need them.


good luck tracy!! ALJ told me it would take longer than 2 months; DO NOT CALL HIM!!! he was head honcho over ALL ALJS!!! 2 wks. later i received letter I WAS APPROVED AFTER 5 YEARS ... 3 yrs. ago!!
 

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Posted by Tracy9 (Member # 7521) on :
 
Betty,
Did you get a huge amount of back pay? I will be getting paid going back four years. Do they send it to you all at once,and how do you plan for taxes?

I am desparately hoping for this lump sum in back pay; but worried about how you get it and how much has to be set aside for taxes, or if they take taxes out beforehand.
 

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Posted by merrygirl (Member # 12041) on :
 
I recently got approved for SSDI. I was denied the first try. I have had a lawyer from the get go.

I did write Lyme on my application. I left off the word "Chronic" though. I also wrote FM, CFS, and depression,
 

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Posted by bettyg (Member # 6147) on :
 

quote:

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Originally posted by Tracy9:

Betty,
Did you get a huge amount of back pay?


YES, I GOT 3 YRS. BACK PAY IN "ONE" CHECK!
NO TAXES DEDUCTED!!
IT RAISED US TO HIGHEST TAX % TO PAY!!

SOME FOLKS ARE SENT SEVERAL CHECKS; you never know when it will be sent. check your bank acct. ... it shows up first BEFORE you normally receive a letter saying they are sending it!!!
Betty


I will be getting paid going back four years. Do they send it to you all at once,and how do you plan for taxes?


I am desparately hoping for this lump sum in back pay; but worried about how you get it and how much has to be set aside for taxes, or if they take taxes out beforehand.

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tracy, i'm thinking this 3 yrs. back pay caused us an extra $3 - $4,000 PAY IN TAXES!!
*************************************


so you want to make sure you keep a healthy piece of it around for april 09 taxes!!
betty

mine went back 3 yrs.; not 5 yrs...they would NOT reopen 1st case.
 

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Posted by Erica741 (Member # 15186) on :
 
Jam, Since you have high EBV, I would submit those test results instead (if you haven't already).

SSDI considers high EBV titers objective evidences of CFS disbility. I sent you the link that that Social Security ruling, so let me know if you need it resent.

I would hold-off on submitting the Igenex results for now, at least until you have discussed with your doctor and start a lyme treatment plan.

Email me if you want more info. Otherwise, good luck next week!

Erica
 

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Posted by jam338 (Member # 14002) on :
 
Just to update on this thread. I saw my LLMD and asked his opinion about considerations/implications.

He said the considerations would be that it could affect two things:
-could impact a future change in health care insurance
-could impact future life insurance policy

Just to clarify, I am not saying that no one should tell their primary doctor about their diagnosis. And, that is not what my LLMD is telling me. I asked what the considerations/implications might be, and that is what he responded to.

Its a personal decision that each newly diagnosed person must decide for themselves.
 

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Posted by Keebler (Member # 12673) on :
 
-

I had a life insurance policy revoked when they found out about lyme. I purchased it several years after the diagnosis and had it on my history form, but they missed it and told me it had been an error on their part to ever have even accepted my application.

No other problems - oh - but seizures. They said the lyme was the reason, though.

They sent me back the fees that I had paid in for about a year.


-
 

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Posted by bettyg (Member # 6147) on :
 
KEEBLER, that was rotten to do to you!
 

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Posted by Raymond (Member # 13980) on :
 
Keebler,

I am not 100% sure but thanks to sad to say HIV infected individuals legislation had been passed it has to do with "pre existing conditions"..

Betty may know more about this than I because of her work with legal and it may be worth looking into of course with what else the assistance of an attorney...

That's where all those HIPA laws may come into play on this one, not sure know tax law but something just ain't seeming right.

Be interested to know. I remember years ago when Forbes was dying I want to say of some pre existing diesease he could buy insurance but because of his condition premiums weren't cheap....

He wanted to buy insurance to protect his estate because at that time the estate value tax was 55% I believe and the expemtion was only $650,000. He was worth billions. For what it's worth Elivs lost over have his 13 million estate because he didn't have insurance to pay for estate tax, but he didn't have a pre existing.

Makes you wonder what it takes huh I in HIV stands for Immune, maybe we should change it to LIME - and think of an accronym which has Immune in it......

But let me/us know how you make out on that pre existing condition info if you go that route it could be interesting and helpful.

I guess they do recognize it as an uncurable disease in some instances huh.....

Did you sign anything?

[ 29. August 2008, 08:06 PM: Message edited by: Raymond ]
 

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