posted
I was just denied for the 1st time SSD, I have 60 days to appeal.
Does anyone have experience with this? I am not sure whether to get an attorney or just appeal myself.
If anyone has any information or advice it would be greatly appreciated. Thanks
Posts: 10 | From NJ | Registered: Apr 2012
| IP: Logged |
Keebler
Honored Contributor (25K+ posts)
Member # 12673
posted
- Denial is very common. Still, I think you need an attorney and one who is ILADS-educated or, at least, very lyme literate.
Lyme, itself is not a diagnosis that tells it like it is. You may know this already, but it's the symptoms - what your body/brain can or cannot do, etc.
A good LL atty will know how to put your symptoms into language and terms that the judges can best categorize.
Talk to your area and state lyme support groups for referrals.
Remember to keep up your dignity during this time.
In search of advice, I've come across some that just sound demoralizing. I hate the terms such as ``getting'' ``on'' ``going on'' disability. I think it's important when talking to others and to ourselves not to word it like in any term that could be construed as negative.
This is Disability INSURANCE coverage, really. Even if though Social Security. We pay in and if something happens against our best efforts, this is part of an insurance plan.
Some specifics for those with lyme: --------------------------
Resources for Disability support , Insurance, Dealing with HMOs:
Tammy N.
Frequent Contributor (1K+ posts)
Member # 26835
posted
I was denied about 13 years ago.... And I can't tell you how many times I have said that was a blessing in disguise. It forced me to remain active, instead of bedbound at home (which is what I would do because of not feeling well). Working for me has been a Godsend. It has kept me engaged, involved in "normal" activity, and has been a wonderful distraction. I usually feel awful in the mornings, but always feel better when I am at work and active.
Great saying I recently heard.... Flowing waters do not stagnate and active hinges do not rust.
Just some food for thought...
Posts: 2238 | From East Coast | Registered: Jul 2010
| IP: Logged |
Keebler
Honored Contributor (25K+ posts)
Member # 12673
posted
- But, for those who just CAN'T, SSD can literative save their lives.
I would have been forced to live in a shelter and probably not survive for long, had it not been for this insurance feature.
I hate the stigma attached to it, though. Hate those "pull yourself up by your own bootstrap" admonitions from so many others who have no idea of the complexities involved.
I often cry just from watching the news where those in need are seen as moochers.
It's just crushing. But I want to stay in touch with what goes on in the world so it's just hard to miss all the negative bully speak against those in need. I just have to realized that some of those talking heads just have no clue.
What Tammy says is true, when possible, it's best to - well - do our best, or find another way to make that work.
If that is just not enough to function in a job, we can still only do what we can do. And sometimes, that is just not enough without support measures.
The important thing is to know for ourselves that we are doing our best - and not feel guilty if that has limits, whatever the degree.
The guilt with this has been so crushing. Guard against that - and if you are not able to work you might seek out other ways to be involved at whatever level you can, however that might work.
Even if just a hobby - it's good in many ways to engage. Sometimes, just learning what we need to do for ourselves is the best we can do. And that matters, too. But it's good to have something else besides this kind homework.
Don't loose yourself or your desire to be part of the world. -
Posts: 48021 | From Tree House | Registered: Jul 2007
| IP: Logged |
Whether you get an attorney or not, make sure you absolutely appeal and keep fighting...once you are approved, they will have to pay you all the way back to the date you first applied.
I agree with Keebler. I tried pulling myself up by my bootstraps for years. However, eventually my body forced me to take a break because I needed to rest and heal.
-------------------- aperture Posts: 551 | From Louisville, KY | Registered: Nov 2011
| IP: Logged |
posted
Thank you everyone for your responses I do appreciate it.
If I tried to work right now with my current symptoms I would be fired in a heartbeat. I agree that if possible mentally and physically it is definitely beneficial but at this time I know I cannot.
Even though I finally got the diagnosis about 1 1/2 years ago, I most likely had this for about 20 years. I was told back in the 90's by a new primary looking at old blood work that I had had Lyme, no one ever told me and I never got the proper treatment. I was told I had CFS and EBV and instead probably was experiencing waxing and waning of Lyme.
Over the 20 years I crashed about 3-4 times a couple times to the point I had to quit my job or cut back to part time. It would always occur with increased stress at work and/or personal stress. I am in the medical field and have not had a job yet that has not been very stressful and did not have to do overtime.
I got bit by another tick the summer before last and that kind of did me in and this is when I really started to decline. Although difficult I continued to work through the first treatment for Lyme and Babesia.
The treatment helped some but not enough, once I stopped to start a new treatment I crashed quickly and probably the worst one I have had in all the years. Had to go to ER and became bed and home bound and had to go on temp disability.
I do see some improvements but am no where near where I once was. As the doctor said to me, I did not get sick overnight and cannot expect to get better overnight.
SSD told me that even though I cannot do any of the jobs I have had over the past 15 years there is some work I should be able to do. I would like them to make some suggestions as I cannot imagine what they might be.
Part of me just wants to get an atty experienced with this as I dont have the energy to fight them right now but I know this is costly. I did find an atty on line I may call just to see what he has to say and his success rate. A friend of the family suggested that I need to get another opinion by a doctor about my disability and appeal myself. With the brain fog it is so hard to make a clear decision.
I have been helping a friend with an animal cause making a couple of calls and emails just to stay sane. I try to do what I can but get quickly reminded of what I cant when I do too much.
Anyway, thank you all again for your suggestions and support....it really does help!
Posts: 10 | From NJ | Registered: Apr 2012
| IP: Logged |
Keebler
Honored Contributor (25K+ posts)
Member # 12673
posted
- Suz,
I hope you don't feel like you need to explain, defend or justify your situation. We understand. It's sad beyond words, of course as we'd all rather . . . .
Take care of yourself at best possible, on all levels. Here's to hope for health all around. -
Posts: 48021 | From Tree House | Registered: Jul 2007
| IP: Logged |
ConnieMc
Frequent Contributor (1K+ posts)
Member # 191
posted
Most SS claims with Lyme as the primary diagnosis will progress on up to hearing level. Lyme is not a "listed" impairment. However, the effects of Lyme can be listed impairments, for example, arthritis, IC, cognitive impairment due to organic cause, and various mental health diagnoses. Often the most debilitating effects of Lyme are the pain and fatigue, and it is difficult to prove the effects of pain and fatigue. It would be a good idea to hire an experienced representative to help you. A rep can help you lay the groundwork for your claim to eventually be successful. Don't let a denial deter you from proceeding ahead. Be sure to file your appeal on time and keep on track to progress through the system.
Posts: 2275 | From NC | Registered: Oct 2000
| IP: Logged |
sparkle7
Frequent Contributor (5K+ posts)
Member # 10397
posted
Get a lawyer. My case was denied twice but I could have gone to see the judge but I didn't. It was just too much work & papaers to fill out. They sent me like 60 pages of additional questions to fill out. I was applying for Fibromyalgia at the time - which is difficult to prove, too. I didn't get a lawyer.
Then, I got a Lyme diagnisos & I would have to start everthing all over again - I suppose. If you are not well enough to work - you should get the money. It's stupid that we have to work so hard to "prove" that we are ill. No one should have to go through this while they are ill.
You can also try to apply for SSI if you don't have any money. I never did this but it could help if you can't get the disability. You could also try to get food stamps if you need them. I haven't done this but the programs are there to help people in need.
Waiting for them to decide on whether you get the disability can take a long time & you aren't supposed to be working. Beats me how one is supposed to survive while waiting for them to decide. It took them about 2 years when I applied.
Posts: 7772 | From Northeast, again... | Registered: Oct 2006
| IP: Logged |
posted
Sounds like they still think you are able to do a job 8 hours/day, 40 hours/week.
They need to know that your impairments affect your "concentration, persistence and pace".
That you cannot do even the most simple job because you cannot make it through an 8 hr day...because of everything (ie. pain, fatigue, cognitive issues, etc, etc)
They glean alot of functional info from the activities of daily living form they had you complete and a collateral contact complete.
Even though you technically could proceed with the appeals process on your own, in your current state, it may be wise to have a professional advocating for you.
-------------------- aperture Posts: 551 | From Louisville, KY | Registered: Nov 2011
| IP: Logged |
Sammi
Frequent Contributor (1K+ posts)
Member # 110
posted
Almost everyone is denied the first time and sometimes the second time.
I recommend getting an attorney. Print out all the medical journal articles you can find on Lyme disease and co-infections, and give them to the attorney.
Remember to focus on how your symptoms prevent you from working (such as being unable to stand for any period of time due to severe leg pain but cannot sit for long periods due to stiffness, etc.).
Posts: 4681 | Registered: Oct 2000
| IP: Logged |
sammy
Frequent Contributor (5K+ posts)
Member # 13952
posted
I wish that I had started the application process with an attorney. It was so overwhelming, difficult and stressful for me. When my application was denied, I finally got a lawyer.
Having an experienced lawyer on my side is such a relief. They know that to expect with SSD, they are organized, they gather all the records, they do all the work for me. All I have to do is keep them updated with my doctors appts and new diagnoses.
My advise, take care of you right now. Get an attorney to help with the appeal. You will be glad you did.
Posts: 5237 | From here | Registered: Nov 2007
| IP: Logged |
posted
Thank you all for the help and suggestions. I did speak with an atty today and he seemed knowledgeable so I think I will just go with him. It would be a big relief not to have to fight them on my own. He did say that he thought it would most likely go to a hearing. I can't imagine that right now mentally or physically but who knows maybe it won't come to that. I will worry about that if and when it happens.
I did put down limitations on the paperwork when I filled it out both mentally and physically but based on the reasons they gave for the denial I wonder if they even looked at it. I dont know why they bother to have you fill it all out.
As most of you know, the problem with a lot of the symptoms is they are for the most part subjective and just things you feel and no one can actually see.
I see the doctor next week and will go over things then. I want to get a copy of the records to see what they submitted on their end.
This is off the topic and I dont know if this is the right section to ask. I want to have the yard treated with something to kill the ticks. I would want something safe for animals and children, does anyone have any suggestions? They say it will be a bad year for them and I dont want to take any chances.
posted
Hello Suz22, I used to live in NJ, moved to NC about 4 years ago. While in NJ I hired an attorney before I applied for SS, he was referred by my LLMD. This attorney got me Social Secirity disability on the 1st try,PM me if you want his name. He is a well known attorny and knows of Lyme & CO. Best of luck and health to you. God Bless the Lyme Community! POP
Posts: 57 | From N.C. | Registered: Jun 2003
| IP: Logged |
MADDOG
Frequent Contributor (1K+ posts)
Member # 18
posted
I was turned down twice ,I got an att. and contacted my senators.I got a on the record decision.
To bad the SS workers could not have spent a day in my body,trying to do my job,and drive to work so tired I would fall asleap driving to work and run off the road.
It is a wonder some one wasant killed because I kept working.Like a head on collision into a mini van full of kids on the way to school.
That could have happened very easily,the last year I forsed my self to go to work.
I was driving under the influence of lyme!!!And the interstitial cystitis keeping me up all night.
They allmost allways turn you down the first time!
MADDOG
Posts: 3996 | From Ohio | Registered: Oct 2000
| IP: Logged |
MADDOG- I think that too about the SS workers or even those around who dont understand what your going through if they could just switch for a day there would be no questions.
Posts: 10 | From NJ | Registered: Apr 2012
| IP: Logged |
posted
Definitely get an attorney! Ours told us that the best chance of getting disability is by going in front of the judge in person, at the 3rd appeal. PM me if you would like our attorney's name. He has worked with many lyme cases and represents people all over the nation.
-------------------- IgM ++41, IND 31, 34, 39, 83-93 IgG IND 41
"To the world you may be one person, but to one person you may be the world." - unknown Posts: 72 | From NC | Registered: Sep 2011
| IP: Logged |
sparkle7
Frequent Contributor (5K+ posts)
Member # 10397
posted
You might want to try diatomaceous earth to kill the ticks in your yard.
Just google it. The link was too long to post.
I've been thinking about applying again. When I applied, I had a fibro diagnosis. The doctors said I should have gotten it based on my symptoms. Do everything you can to fight for it. I've been in limbo for a long time & it hasn't been easy.
It's not easy living on what they give you but it helps. I get so tired of people looking at me & saying all kind of stupid things like - "You don't look sick." or "People just say they have fibro to get painkillers..."
They told me at the SS office that I didn't need a lawyer. I shouldn't have listened. All the paperwork was really hard because I had cognitive problems & migraines. I also has other things to deal with that required alot of paperwork, too.
At the time, I figured I'd probably get better & that the amount of money they gave wasn't really that much. I could just work & earn it - but it's turned out that I've been ill for over 15 years now & it's not easy.
I think it's a crime that they make it so difficult. Most of us have worked & paid into the system. Some of us have had good careers... Why would we want to give that up for so much less than what we were making? So we could sit around & watch daytime TV...? No thanks!
They just make it hard to weed people out. Especially with the economy the way it is... If you need it - get a good lawyer & fight for it.
Posts: 7772 | From Northeast, again... | Registered: Oct 2006
| IP: Logged |
The Lyme Disease Network is a non-profit organization funded by individual donations. If you would like to support the Network and the LymeNet system of Web services, please send your donations to:
The
Lyme Disease Network of New Jersey 907 Pebble Creek Court,
Pennington,
NJ08534USA http://www.lymenet.org/
UBBFriend: Email this page to someone!
Printer-friendly view of this topic