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» LymeNet Flash » Questions and Discussion » General Support » SSDI Hearing Advice?

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Author Topic: SSDI Hearing Advice?
flutterby
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Hi,

My SSDI hearing is coming up at the end of the month. I would greatly appreciate any advice anyone has about these hearings. I have a lawyer but we haven't met yet to prepare for the hearing and she has never represented a Lyme patient.

I would love to hear if anyone has any success stories? Horror stories? What to expect? Anything that may help.

My worst symptoms are pain and fatigue. I have minor cognitive issues but they do not prevent me from working.

Thank you,

Will


Posts: 7 | From burlingame, ca, usa | Registered: Jan 2004  |  IP: Logged | Report this post to a Moderator
treepatrol
Honored Contributor (10K+ posts)
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I havent done it but heres a link that may be helpful.
http://www.josephromanolaw.com/english/book.html

Posts: 10564 | From PA Where the Creeks are Red | Registered: Jun 2003  |  IP: Logged | Report this post to a Moderator
ConnieMc
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Visit the following group. There's lots of info on the SSDI process, and how to prepare your case. Subscribe to the message board, and you can ask questions as well.
http://groups.yahoo.com/group/Disinissues/

The key is to have clear documentation in FUNCTIONAL terms to document why you cannot work. You need to make sure you have things like the following:

A letter from your doc describing your FUNCTIONAL limitations. Not symptoms, but how your function is impaired by your illness.

Get a good Lyme symptom list and mark your symptoms. Then, using this information, explain how each symptom impacts your function.

A neuropsychological eval if you think your cognitive problems impact your ability to work in any way.

A functional capacity eval to document your physical functioning limits. And the impact this eval had on you in the days following the eval.

If you can get it, ask your former employer to do a letter for you describing your problems on the job. Again, functional problems. Exactly what you were having problems with, and how they prevented you from performing the essential functions of your job.

Do a narrative describing your functional limitations. What your typical day is like. Again, in functional terms. Not "I have fatigue", but something like "I cannot fold clothes and do other light housework for more than a few minutes at a time, as I get so exhausted I must sit down".

Make a list of all meds and supplements you take and side effects of these.

Hope this helps.


Posts: 2276 | From NC | Registered: Oct 2000  |  IP: Logged | Report this post to a Moderator
riversinger
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Don't discount any of your symptoms. If cognitive problems make you unable to do some things sometimes, include them.

It's the accumulation of what you cannot do that makes you disabled. If you can't do it 8 hours a day, 5 days a week, then tell them so.

Here are some resources that helped me get my SSDI without having to go to appeal.

Disability Info & Resources

Completing Disability Forms

Five Crucial Steps to Winning your CFS Disability Case

Trying to Look Good When You Feel Like Crap: Don't

Daily Activities Worksheet (PDF)

SF-36 Functional Capacity (PDF)


Posts: 2142 | From California | Registered: Nov 2003  |  IP: Logged | Report this post to a Moderator
flutterby
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thank you for the resources. these have really helped.

is there anyone out there who has had a ssccessful hearing?


Posts: 7 | From burlingame, ca, usa | Registered: Jan 2004  |  IP: Logged | Report this post to a Moderator
rosesisland2000
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I wasn't sccessful until it got to the Judges' desk and then didn't even have to see him...here's how. I posted this to a topic over in Medical but, feel it's worth repeating over here as well.

To anyone trying to get disability,

IT IS NOT THE DISEASE YOU HAVE THAT THEY ARE LOOKING AT....IT IS WHAT THAT DISEASE, WHATEVER IT IS, THAT PREVENTS YOU FROM DOING THINGS...THAT IS WHAT THEY ARE LOOKING FOR.

It is you limitations, not the disease, that they will look at.

In getting the very best letter your doctor can write, you can and SHOULD write your doc (PCP and LLMD are both needed) a letter explaining how this disease has affected your life. This allows you doc to then see just how your life has been affected by you disease.

Remember, this is very important that you get the "right" letter from you doc. Both, my LLMD and my PCP thanked me for doing this as it made their job of writing the letter much easier.

List all the things you can no longer do...in that letter state anything you are no longer doing because of this disease...from no longer meeting friends to lunch to just how long it takes you to get dressed for the day or, if you can't get dressed on some days...list that.

Talk about your troubles with reasoning, thinking, following through with things...taking directions, etc.

I even put in there that I had never been able to take my granddaughter to the picture show....or, if now, I would put how I have never been able to pick up my newest granddaughter.

The list should go on and on...

Again, it is not your diagnosis, unless you have certain Leukemias, etc. you should expect to be denied the first and prehaps the second time. Do not give up, but, do the things they want to hear.

REMEMBER IT IS NOT THE DISEASE, IT IS THE LIMITIONS THAT THE DISEASE HAS PUT ON YOU THAT WILL PREVENT YOU TO WORKING AND GET YOU APPROVED!!!

If you can express that to your physicians, then they can and will be able to write you a great letter that will express these things to the Judge or reviewer, and, of course, your stacks and stacks of medical reports...you must have ALL of them.

Even save all your empty prescription bottles...mine now take up a complete cabinet.

I was denied twice and when the Judge got my papers, along with my docs statements, he didn't even require me to meet with him...he just approved me right then and there.

I come up for review in Dec of this year and will be bringing with me all my hundreds of empty prescription bottles with me. I plan on him seeing them and telling him that if I wasn't that sick, then why am I taking all these prescriptions. I take more than my 86 year old mother.

One more thing, they really want you to see a doctor AT LEAST once per month...if you are not, then you should start considering doing just that.

I hope that this helps you and good luck.

Rosemary


Posts: 6191 | From Arkansas | Registered: Jan 2002  |  IP: Logged | Report this post to a Moderator
docdave130
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I had a positive outcome last year.regetted initially ,then my private disabilty specialist told me to write an advidavit in my owm words about my symptoms and how they prevented me from doing things. i took ever symptom and related it to my working abilities, social and home life. do not tell them you can work or you will be rejected immediately.they only care that you can't work,IT DOES NOT MATTER WHAT THE DISEASE PROCESS IS THAT CAUSES THE DISABILITY, ONLY THE REASON YOU CAN'T WORK OR DO THINGS FROM THE SYMPTOMS, AND YOUR LIMITATIONS.
i can fax you a copy of the advidavit if you email me a fax number or i can scan and email a copy if you don't have a fax.please email me @ [email protected] if interested.
the hearing consists of the judge your lawyer, and a job specialist with a hugh database in his computer of every job in the country. Your job and the lawyer is to convince the judge that you are so impaired that you can not do your job correctly, or at all. if you tell him you can work he will make you work and find you a job in his database that will fit your criteria.
you need the tell him how the symptoms not the disease effects your daily life and the quality of your life.
get the best lawyer you can find in your area that deals with depilitating diseases,the cost is the same whether you have a quack lawyer or the best so do research from your local lyme group.
doc must document all symptoms and sign your advidavit,along with the psych if you are seeing one, and this certainly helps the case. also have the advidavit notarized after the lawyer reviews it.
my advidavit is related to my work as an ex dentist but you can get info from it to write your own.

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docdave130
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please send me your email address to [email protected]
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Karrie
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PLEASE refer to my post on this issue under medical questions...I will bump it up for you...I had the BEST replies on that post...It will HELP you guarenteed.
Karrie

Posts: 99 | From Hastings, NE USA | Registered: Jul 2003  |  IP: Logged | Report this post to a Moderator
Cheryl
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Useful info, so...

UP it goes!

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Posts: 1547 | From NY | Registered: Oct 2000  |  IP: Logged | Report this post to a Moderator
   

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