posted
Hello everyone, My Disability was denied What a surprise Do any of you know of a good lawyer in the central Massachusetts area. I want to go for the appeal the right way. Or if you have any info that would help me through this process that would be great. I have Lyme Babs & Pots Syndrome. I can barely function most days and take care of my 2 year old. I need this!! This world is is a pain in the Thanks for any help you can provide. Michelle
Posts: 79 | From Oxford,MA,01540 | Registered: Jul 2004
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minoucat
Frequent Contributor (1K+ posts)
Member # 5175
posted
Mishelly -- was it private disability or SSDI that was denied?
All I can say is -- gather up all your documentation of diagnosis AND evidence of functional disability, and then be prepared to fight fight fight. It was a hard slog for us, but we were successful. We consulted a lawyer who helped us organize our information, but ultimately we were able to fight it through ourselves. Critical pieces of information for us were the bloodwork and Dr. notes that confirmed LD dx, and the documentation of disability -- in particular, from the cognitive function/psych evaluation.
Here is a link with lots of resources. The forms that make you document your functional disability were particularly helpful, I found.
rosesisland2000
Frequent Contributor (5K+ posts)
Member # 2001
posted
Took from Feb. 2000 to Aug 2003 before I went through all the process. When my file hit the Judge's desk, he approved me without me having to personally meet with him.
I changed lawyers in mid-stream because of a move, and my lawyer who helped me get the last bit done, suggested that I write a detailed letter to my doctor's of what my everyday activities were like. Doing so, allowed my doctors to really have a good documentation to refer to in writing their letters to the Judge to support your disability.
Include in you letter to your docs, everything. Like you cannot go to church anymore. Or that you cannot hold your grandchildren or play with them.....explain all the things that you no longer can do because of you being too sick.
That got mine over the top and approval and it may help you also.
posted
I'm going to copy/paste info here for you....
IF YOU ARE TRYING TO GET SS DISABILITY INSURANCE BENEFITS --------------------------------------
Hi! I know what you mean about memory & typing, etc....it's the pits!
I do suggest you join the FREE DISINISSUES and read thoroughly or just print it all off of the FEMALE MD with chronic fatigue, etc. she gives wonderful, detailed examples that DDS, disability reps, want to approve/deny you.
Also have you looked thru the ADULT APPROVED LIST OF IMPAIRMENTS? That's critical also!
note 14.09; look at the rest of the 14 other specific areas too....
I printed off 1-14 sections showing what brief guidelines were for each section. I used that against ALL my medical reocrds, 3" thick!! Then I went to their DETAILED specifics for the sections that applied to my illnesses!
TIMECONSUMING....TOOK ALL 7 WEEKS from my notice of my ALJ hearing date!
So you have NOT submitted your INITIAL APP TO SS OFFICE, correct? Good, you want this to be as complete as possible so they can NOT turn you down on the 1st step as they do us all!!
\============================================= What I did with an online friend was this: prepared a chart noting the specific section of 1 - 14 that my diagnosed illnesses showed the wording, dr. seen & date.
Example, 14.09 LYME disease is mentioned in but doesn't give any examples. So I showed 14.09 with my drs. name & date plus specific details about each visit where lyme symptoms were stated..
I hope you have a copy of ALL MEDICAL REPORTS...drs., xrays, all blood labs, etc.
It's critical that you KEEP A COPY FOR YOURSELF! ================================================
On mine, I showed the date mailed to ALJ & LAWYER PLUS I kept a copy. Then I went to copy center nearby & copied and mailed promptly to lawyer per his request.
WHY THIS IS IMPORTANT: if you have an ALJ hearing, request thru your local SS office to REVIEW your complete SSDI app at THEIR local office! When you see things you submitted with your writing on, don't look at them!
Look & read only the secretative RFC & MFC done by the the in-staff DDS DRS/PSYCHOOGISTS! You want to make copies of ALL the stuff they have & other stuff you don't have so you can use that info against them!
NOTE: I'D DO THIS DIFFERENTLY NOW! SEND 1 COPY TO ALJ and 1 to your lawyer! Lawyer did NOT SEND MY REPORTS TO DDS STAFF PROMPTLY; they didn't see many things when they denied me although I had good medical info!
Examples, 2 RFC, residual function capacity done by PCP dr. of 26 yrs. & rheumatologist;
plus 2 MFC, mental function capacity, done by psychiatrist & psychologist....the 1st person was the one judge used in APPROVING my 2nd claim for severe depression/effective disorder & anxiety.
ALJ's don't like working with LYME, FIBRO, CHRONIC FATIGUE. MENTAL is on approved list of adult approved impairment list! So don't fight it, go with it!
================================================== IF YOU ARE TRYING TO GET SS DISABILITY INSURANCE BENEFITS ========================================================= This message is sent upon subscription, and again monthly. Please let the moderators know if any of the links have changed.
There are many more links, as well as advice, in the "useful" messages in the Files area of the website. Go to http://groups.yahoo.com/group/Disinissues and click on Files.
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!
These links are a compilation of several areas of interest which are commonly requested and mentioned. They reflect the collected wisdom of this group. Check them out - you just might find the information you were looking for! Take a look at Files that are not specific to your situation, because they might be helpful anyway - what works for Social Security may work for LTD claims, what applies to CFS may apply to your medical condition.
The Welcome Message and Group Guidelines are also in Files, if you need a refresher on how this group works.
You must register with Yahoo to use the website, but note: Be careful not to permit your address to be put into the directory when you register. Put as little as possible into your public profile. You do not need a Yahoo address to use the website. Your email address is what Yahoo calls your "alternate address." Contact the moderators at [email protected] or for AOL subscribers: Click here -----------------------------------------~--> Disinissues website - http://groups.yahoo.com/group/Disinissues
DO NOT FORWARD ANY MESSAGE FROM Disinissues WITHOUT PRIOR WRITTEN PERMISSION FROM THE AUTHOR Do not distribute any member's email address.
NO MESSAGE ON THIS LIST IS TO BE CONSTRUED AS LEGAL ADVICE --------------------------------------------~-> Yahoo! Groups Links To visit your group on the web, go to: http://groups.yahoo.com/group/Disinissues/ To unsubscribe from this group, send an email to: [email protected] Your use of Yahoo! Groups is subject to the Yahoo! Terms of Service.
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....
It took me a year and a half to get disability and it was for a chronic fatigue syndrome diagnosis, not lyme. I found out about the lyme after being granted disability.
Without a doubt, hiring an attorney was the best thing I did in regards to getting disability. The one I got was recommended to me and he was a very nice man. He dealt only with social security disability cases and really knew his stuff. He predicted how many times I would be denied and had a 90% success rate.
He took his fee from the disability award and it cost me nothing to retain him. I wouldn't do it any other way.
Best of luck to you and your little girl!
Posts: 460 | From Illinois | Registered: Aug 2005
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posted
Thanks for all the replies. It was SSDI that was denied. I am going to start my search for a lawyer Monday. I need the money..... I have been having very bad brain days lately and it is so hard for me to read. This sucks. I am going to try to read through all the links and get as much info as possible. Thanks Again, Michelle
Posts: 79 | From Oxford,MA,01540 | Registered: Jul 2004
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posted
I really thank God that mine was approved, SS, the 1st time I applied, '99.
The thing that surprised me the most was my husband and I both did the daily questionairre...(I don't know how to spell anymore) anyway, I honestly wrote how I try to fix dinner, but I have to read the instructions many times, and I try to go to the store when I feel good, and I try, try, try.......
My husband wrote all the opposite. I rear his and said "they are going to think these are 2 seperate households"...he would not change any of his answers saying all the things I can NOT do. I looked at it and cried, we were both being truthful.
I think that is my point, find someone who knows you before and after and have them write a letter.
Blessings to you, Shar <><
Posts: 52 | From Arizona , USA | Registered: Jun 2002
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quote:Originally posted by Mishelly00: Hello everyone, My Disability was denied What a surprise Do any of you know of a good lawyer in the central Massachusetts area. I want to go for the appeal the right way. Or if you have any info that would help me through this process that would be great. I have Lyme Babs & Pots Syndrome. I can barely function most days and take care of my 2 year old. I need this!! This world is is a pain in the Thanks for any help you can provide. Michelle
I sent you a private message on tis subject with an excellent suggestion for a disability attorney in Holyoke, Mass.
Lymelady
Posts: 484 | From Fredericksburg, Va USA | Registered: Sep 2004
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What a surprise ![[bonk]](graemlins/bonk.gif)
Do any of you know of a good lawyer in the central Massachusetts area. I want to go for the appeal the right way. Or if you have any info that would help me through this process that would be great. 
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I have been having very bad brain days lately and it is so hard for me to read. This sucks. I am going to try to read through all the links and get as much info as possible. Thanks Again, Michelle
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