You can find the group here: http://groups.yahoo.com/group/Disinissues/

If you are concerned about your application due to hidden disabilities, I also highly recommend that you hire an attorney who deals only with disability cases. You only pay for their services if you win your case, and payment is limited to the lesser of 25% of your backpay or $5,300.

One such lawyer is Scott Davis in Phoenix. He specializes in chronic fatigue and pain cases, of which Lyme is one. If your case should reach the hearing stage, he will travel to it, charging you only travel expenses up to $600. (At least that was the maximum in early 2004 when I went through this process.)

Scott differentiates himself by getting involved in the case BEFORE you have been rejected once. Most lawyers require that you make the original application on your own, and will not take your case until you have been rejected on the original application and some won't accept a case until you've already gone through the appeal of the original application.

If you want to avoid spending years trying to prove to SSA that you are unable to work, it is crtical to present your case in a way that clearly demonstrates your inability to work. Scott believes that the best way to do this is to get it right from the start. He will work with you to help you determine what information you need to provide, how best to present it, and what medical testing is likely to demonstrate disability.

Scott's web site is here: http://www.scottdavispc.com/bio.html

Edited: forgot to say my 2nd ALJ hearing was done by VIDEO conference; I loved it vs. having to drive to Des Moines with all construction going on.

Here is more info on what Suzanne was talking about this outstanding FREE web site helping people win their own cases THEMSELVES without hiring a lawyer.

Find the FEMALE MD's and use that as an example for WHY YOU CAN'T DO YOUR JOB!

Have you had a RFC, residual function capacity done by your treating dr., lyme dr. or MENTAL function capacity done? This is what SSDI folks want; what limits you and how much you CAN DO.

7-1-05, I finally was APPROVED after a 5 year battle; went back 3 yrs. ago and 2.5 years of back payments were mailed recently. I represented myself at ALJ hearing, so I did NOT have to pay out of pocket for a lawyer when I had done ALL the work anyway!!

Suzanne had a positive experience with Scott Davis; I didn't! He was my lawyer for almost 4 full years until he quit me 8-04 after my lyme dx. He NEVER told me he could NOT represent me in CIVIL/FEDERAL court after the appeals council denied me but did when he "withdrew". He did give up ALL fees including travel to come to my Des Moines ALJ hearing plus misc. costs.

I didn't receive prompt service on many things. I'd fax, email, or send by snail mail and wouldn't have any answers 7-9 months later.

So if you hire Scott, find out specifically how his office operates & what you can expect.

Many things are sent overnight and certified. I send an extra copy for the ALJ to keep MY expenses down so they didn't charge me per sheet to copy; secretary didn't want it done that way.

IF YOU ARE TRYING TO GET SS DISABILITY INSURANCE or LONG TERM DISABILITY BENEFITS
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BETTY NOTE: Look at the female MD's DETAILED BACKGROUND right below this paragraph. Print off her detailed responses as to why she could NOT do her job, and then apply that to YOUR own job as to why you no longer can do any type of sustainable work now nor in the foreseeable future!
http://www.cfids-me.org/socsec.html

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An online friend of mine from disinissues web site posted this info today, so I have copied it over here.

Subject: fibro/CFS disability info [Disinissues] what does an Functional Capacity Exam entail?

Lyme, fibro, & CFS support group members who are/will be filing for SS Disability insurance benefits, please go to the web page shown below.

There were 9 pages of info I printed below area where you can order from fibro network a 70 page packet. I too plan on including this info when I send my FINAL packet of info to chief alj before my June 16, 05 hearing...my last chance!
=======================================

Please read the site mentioned on: WHY DISABILITY TESTING FOR FMS IS OFTEN MISLEADING ADVICE FOR FM/CFS PATIENTS AND THEIR DISABILITY TEAM.....

Also after this article are the following articles:

WHAT COULD BE CAUSING DELAYED-PHASE FLARES?

BENNETT'S METHOD FOR ASSESSING FUNCTION IN FMS..

TECTONIC CHANGES IN DISABILITY LAW by lawyer Joshua Potter, CALIF.

MEDICALLY DETERMINABLE IMPAIRMENT REQUIREMENTS FOR CFS & FMS

DOCUMENTIONATION...VIEW IT AS AN INSURANCE POLICY

I printed this out in larger print for my eyes....9 pages! Will read it thoroughly and mark up 2nd copy to go to ALJudge for my 2nd hearing as medical evidence also....

http://www.ilads.org/brochures.html
The following is an announcement from ILADS:
What you need to Know about ILADS and Lyme Disease and What Psychiatrists Should Know about Lyme Disease are now available in a PDF file on the ILADS web site (www.ILADS.org). They are in a printable version so that if you have a color printer, you can print them up yourself

The attorney took 25% of what was owed me. My point is, big deal, he took 25% of something I probably never would have had to begin with.

Just my opinion . . . it saved me years of agony, further decline in health, anxiety, paperwork, more financial distress, phone calls and worry.

I also had a teleconference/hearing which was an interesting experience. I was approved. It's bittersweet, but at least there is some compensation.

Also make sure that if you have minor children that they receive compensation - all three of my children get a check each month until they turn 18, due to my lost wages.

So the first step is to pick an illness that most closely matches their list based on your symptoms. In your case chronic fatigue syndrome/fibromyalgia is probably your best bet.

It may be too late for you to hire a lawyer for your case (Sept sometime). You may seriously want to consider asking for your case to be rescheduled/postponed if you do not currently have the medical documentation you will need to win your case.

Do you have a Medical Source Statement or another letter from your current doctor stating that you are totally disabled and explaining why in detail? This is where the "Functional Residual Capacity" stuff comes in. The doctor may charge you a fee for completing this form, but remember it is the single most important document in your case.

The main objective of Social Security is to document your ability to do sedentary work if at all possible.

Normal results on neuro exams is not really the issue -- if you are claiming chronic fatigue/fibromyalgia those are the symptoms that need to be documented as disabling.

I'm not familiar enough with the rules to say yes or no as to whether the migraines would be considered disabling.

SPECT scan could possibly document cognitive issues, but it must be read by someone familiar with Lyme.

Neuropsych eval could document cognitive dysfunction (hubby had a really good day the day of his testing so everything came back normal).

I still think your best bet is to concentrate on the CFS/Fibro issues.

Have you reviewed your file with Social Security? You would need to call and make an appointment and they might limit the time to 1 or 2 hours per appointment. You have the right to copy any records from your file.

Hubby found lots of critical documents missing from his file. You can submit any records that are missing yourself. Not sure if additional records can be submitted on day of hearing -- may need to submit by a certain date prior to hearing.

Hubby has been waiting 15 months now for his hearing to be scheduled.

The other problem for you is the one regarding "any substantial gainful employment". Social Security is not like private disability where you can be partially disabled. With Social Security it is all or none.

Hubby thinks the current rule is you can only make $800/month net of taxes to be eligible for Social Security disability but don't quote me on that.

I have read about cases where the judge tried to make the applicant mad by arguing and belittling their symptoms, so I would say be prepared for anything.

I am sure the fact that you are trying to work 15 hours per week will come under fire regrdless of the amount of income generated.

If you do not hire an attorney I would strongly advise you to have a family member or friend who could act as your designated representative -- especially since you have cognitive problems. You have to file a form with Social Security with this person's name.

On a personal note, you might want to reconsider continuing your pest control business. Hubby was tested for various pesticides as those symptoms can mimic his neuro symptoms.

You might also consider asking friends, neighbors, your pastor and/or other colleagues or former/current clients to write what are basically character witnesses where they state the medical issues they have witnessed firsthand.

What they need to address is how this illness has affected your ability to function in your job and your ability to do day to day activities. This does not replace medical evidence, but just offers additionl support for your case.

Good luck and keep us informed.

Bea Seibert

SSR 99-2p: Policy Interpretation Ruling Titles II and XVI: Evaluating Cases Involving Chronic Fatigue Syndrome (CFS)
http://www.ssa.gov/OP_Home/rulings/di/01/SSR99-02-di-01.html

This should give you some idea of how Social Security is supposed to determine these cases.

Quoting from Documentation item 3 "Resolution of Conflicts. It should be noted that conflicting evidence in the medical record is not unusual in cases of CFS due to the complicated diagnostic process involved in these cases. Clarification of any such conflicts in the medical evidence should be sought first from the individual's treating or other medical sources."

As you can see you need to find a doctor who can document in writing the severity of your symptoms. During the hearing you will probably need to keep reminding the judge that my TREATING doctor has documented that I am disabled .....