posted
Is there anyone out there that has the secret of getting disibility benefits? I have a hearing on Oct. 15th. I have been trying for 2 1/2 years. Any advice is greatly appreciated.
Posts: 4 | From North Carolina | Registered: Apr 2007
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ConnieMc
Frequent Contributor (1K+ posts)
Member # 191
posted
You need a legal rep to help you through the process. With disability, the key is to show loss of function. Not just inability to do previous work, but inability to perform any work. Longitudinal medical records will show the course of illness. Put together some "lay" evidence to confirm what's in the medical records. Like letters from people who know you well comparing the previous you with the current you. Make sure you focus heavily on loss of function. Bettyg has an entire file on this subject. Have your doctors put together letters using the following guidelines:
Guidelines for Use in Writing Letters/Reports in Support of Social Security Benefits for Patients With ``Invisible Illnesses'' - CFS, Fibromyalgia, Lyme Disease
By: Connie, MS, CRC, CVE, CCM Disability Advocate
General principles of focus to consider when preparing this report:
1. The report/letter must have a longitudinal perspective that allows Disability Determination Services (DDS) or SSA to see the frequency, duration, and recurrence of major symptoms. Medical records will generally show this, but a letter needs to state the general course of disability thus far, as well as the projected length of the disabling condition.
2. The report/letter must include descriptions of all treatment regimens and responses to therapy must be given.
3. The report/letter must include any significant restrictions the patient has experienced in his/her normal activities since the onset of the diseases. Here, we are asking the physician to describe changes in lifestyle, such as household, personal care, and social activities, as may be determined through history. Also, the physician can report any observed limitations such as walking, climbing, etc. as the patient functions in the exam room. A ``Incapacity Checklist'' can be helpful, and the physician can have the patient complete this for reference before the support letter is written. (A copy is at the end of this document). The patient needs to provide specific examples of limitations in function, which the doctor can document in the letter. The advocate can then obtain supporting statements from others (friends, family) to confirm what the patient has reported to the doctor.
4. The report/letter must report on any objective testing which has been done to determine the appropriate diagnosis. For example, any positive lab studies, and other supporting evidence such as positive SPECT scan results, positive findings of joint inflammation on x-rays, etc. Any testing which supports the presence of illness is acceptable. Includes the clinical examination, not just lab studies.
Once the above is established, the physician must then identify and describe the most significant and disabling symptoms frequently associated these illnesses. For example:
1. Fatigue - the existence of chronic and/or recurrent debilitating tiredness, which is demonstrated by an inability to perform basic minimal tasks of daily living (ADLs).
2. Neuropsychological - the existence of forgetfulness and distractability, inability to concentrate, memory impairments, confusion, difficulty thinking, photophobia
3. Neurological - numbness and tingling, sensory impairment.
4. Pain - recurrent and chronic pain which significantly impedes the performance of ADLs and unrelieved by prescribed treatment. Location of such pain and any objective findings utilized to diagnose the origin of such pain. This includes chronic headaches and myalgia.
5. Sleep disorder - Any disruption of normal sleep patterns that is recurrent and does not respond to treatment.
6. Depression - Is depression primary or secondary? Is it related to the patient's reaction to the daily physical symptoms? Are there other psychiatric symptoms present which are apparent to the physician?
7. Cardiac - heart block, hypertension, other cardiac complications.
Sample Letter
Re: DOB:
Please be advised that I have provided medical care for Ms. Blank since 5/7/2003. Ms. Blank carries a diagnosis of persistent Lyme Disease made on the basis of a number of clinical features, including marked fatigue, chronic relapsing pain, CNS irritability, nonrestorative sleep and severe cognitive dysfunction. This patient is disabled by incapacitating fatigue and myalgias aggravated by repetitive or sustained physical activities. Her symptoms are consistent with her discase, which has been confirmed by positive IgM Western Blot in May of 2003. There is also evidence on examination of persistent disorganization of motor function as evidenced by peripheral nerve dysfunctional. She frequently becomes confused during discussion of treatment recommendations, and must rely on others to insure she has information she needs to proceed with recommended treatment.
Ms. Blank has had marked impairment of her daily activities and finds it difficult to get out of bed on most days. She routinely requires assistance with showering and dressing. She uses a cane for ambulation. She cannot stand for more than 5 minutes to prepare meals, and must obtain assistance from others. She cannot lift or carry dishes or a gallon of mild. She cannot vacuum or mop or garden. She is unable to do laundry. She has difficulty managing her medication and must receive assistance from others to make sure she takes the recommended medications at the recommended times. She has difficulty getting in and out of a car and is unable to drive due to cognitive dysfunction.
Ms. Blank has been treated vigorously with oral antibiotics as well as supplements and other supportive care. There has been limited improvement thus far, and therapy with intravenous antibiotics is recommended for the near future.
By reason of the unpredictability of the frequency of her multiple physical symptoms, Ms. Blank has been totally and permanently disabled from engaging in, and more importantly, in sustaining any gainful employment activity, even light part-time sedentary work at home. Ms. Blank's status has been consistent since I first began seeing her in May of 2003.
It is my opinion that she is likely to remain disabled for the foreseeable future, but, in any event, for not less than 12 consecutive months. Prognosis remains guarded and uncertain.
Sincerely,
Incapacity Checklist
How does your condition affect:
1. Your daily activities
2. Your ability to stand, sit or walk for a long period
3. Your ability to lift or carry weight
4. Your ability to understand, carry out, and remember instructions
5. Your ability to respond appropriately to your supervisor and coworkers
6. Other physical or psychological functional restrictions
7. Your ability to adjust to the stress of a work environment
Posts: 2276 | From NC | Registered: Oct 2000
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bettyg
Unregistered
posted
when you joined, i sent you my newbie package...
i just resent it now with any additional info i've collected since then.
connie gave you wonderful info to work with since you have only 5 days left.
DO YOU HAVE A LAWYER and how long have you worked with this person.
make sure if you have an ADDITIONAL NEW INFO to take with you to be made part of your claim before ALJ that day!!!!
our best wishes to you. did you look thru the stuff i sent you when you joined here;; hope so!@
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ConnieMc
Frequent Contributor (1K+ posts)
Member # 191
posted
How did your hearing go? Just curious. Was it in Raleigh, Greensboro or Charlotte?
Posts: 2276 | From NC | Registered: Oct 2000
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quote:Originally posted by ConnieMc: How did your hearing go? Just curious. Was it in Raleigh, Greensboro or Charlotte?
It went pretty good according to my lawyer. They did not ask to "occupation person" to interveine. He said that was a good sign. It will be about a month before I know the decision. I had to go to Wilksboro.
Posts: 4 | From North Carolina | Registered: Apr 2007
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ConnieMc
Frequent Contributor (1K+ posts)
Member # 191
posted
Think the judge is probably out of the Greensboro hearing office and traveled to Wilkesboro. Yes, it is a good sign that the judge did not use the vocational expert. If you want to say, what was the judge's last name? I do most of my hearings through the Greensboro hearing office and i like to keep up with the reputations of the various judges.
Good luck to you! Glad you feel good about it.
Posts: 2276 | From NC | Registered: Oct 2000
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daise
Unregistered
posted
Hello everyone,
Please pass the word about what happens AFTER you actually win a Social Security Award for back pay .
They don't send it. People have lost their homes, been evicted from their apartments.....homeless.
If Social Security doesn't send it in a certain (?) amount of time, call or visit your democratic congressperson's local office. They can go through a congressional liaison with Social Secuity--that you and I can't. Finally, I got my back pay in 2 weeks.
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I got my back pay in 2 weeks.
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