Social Security Disability

[Battyp]

Static, he's my best medicine sometimes he's a regular stand up comedian.  He makes me belly laugh at least once a day..usually more!

[Zokess]

Hey all,

I don't think of myself as a litigious type of a person, but after reading this discussion, SS Disability looks to be something I need to take a 2nd look at.  I checked the SS website like 1 month or so post-op to see if SS Disability was something I would qualify for given my state of being post op.  From what I read initially, I didn't think I would be able to get SS Disability because I was more or less still of the mindset that most of the problems I was having then would go away, and I would return to my pre-op state of being.  Here it is 8 months post-op, and boy was I wrong about my state of being coming anywhere near what it was pre-op.

Since it sounds like using a lawyer for representation with the SSA is the way to go....does anyone know of a good disability lawyer in the Washington CO. MD area?  Or maybe a resource for where I can find a lawyer.  I would much rather use a lawyer recommended by someone rather than picking one from random out of the phone book.

My fiance and I are already racking our brains trying to re-call a chain of events and contacts/conversations, etc surrounding everything that has happened with my AN.

L8R
Zokess....

This is a great web-site...Kudos to those who formed it and keep it going.

[Zokess]

Okay...so I did a quick web search for a lawyer in my area specializing in SS disability cases.  I sent them my informaton, and just received a call from a lawyers office that told me the SS Administration will deny any claim if the person filing the claim is actively employed!!  What a crock that is, I am not employed in the same industry or by the same company as I was when I has my AN surgery, there is no way I can do the job I was doing pre-op, and the job I have Post-op doesn't pay anywhere near what I was being paid pre-op.  So the search goes on for another lawyer I suppose.  It wasn't much of an issue initially, but now it's becoming a matter of principle!

[Battyp]

Bruce hate to be the one to burst your bubble but...the social security admin does not care if you are presently doing the job you were doing...they just care if you are able to do ANY job.  I'm a teacher who can't go back to teaching and was denied (which I understand they typically deny everyone the first time)  I did get an attorney and was told that they didn't care if I could teach they just cared about if I could work.  He suggested a security job where I just check in badages and I had to laugh.  As long as no one needed chased I'd be fine for about 4 hours until my back would start hurting so bad I'd have to lay down or pop pills.  I asked him if they'd give me a gun so I could shoot anyone who got out of line....he very quickly said...er um you can't do that  LOL
I was told if you're working at all you will not get ssd.  I was only working 10 hours a week from home when I was denied.  The doctors put me on complete disability due to stress and inability to cope with loud noises. 

Zokes someone on here recommended I believe it was Binder and Binder and they are nation wide.  I picked a local guy.  You can not get an attorney until you have been denied the first time in Fl you might want to check out the requirements for your state.  And like I previously told Bruce if you are working at all, they will deny you.  Also, do what raydean suggests in the ana newsletter this month, I know it made a big difference with my doctors this last go round. 

Best of luck to you both!

[justafactoflife]

Hi all,

Well, almost a month has past since last on-forum.  SSA is such a battle to get or at least it has been for me.  As Batty Princess says, if you work at all, they don't think you need SSA.  Just because you don't look like you are disabled on the outside,doesn't mean that you aren't.  My attorney has advised me to keep a diary/journal of my daily activities and how this is phsycially, and mentally is affecting me each day or in general weekly.  I know I can't remember or hear as well, so that type of info can be deliberated on more in depth daily.  I found out from my employer that my doctors so far haven't sent any clinical evidence as to why I can't do my job.  Those of you who have Short-term Disability/Long-term Disability, be aware that if you can't prove your AN affects your job, you may be suspended or could be terminated.  I wasn't made aware of this until I asked them the right questions.  Your Short-term disability is nothing more than an insurance who has the employer's best interests in mind.  My appeal was denied due to "No objective findings".  I have been given 2 weeks to present that objective finding from my surgeon/MD to a special committee or go back to work full time or face the consequences.

My regional area hospital best suited for AN surgery or Gamma knife is in St Louis, MO.  Rated 8 out of 10 best Neurological Hospitals and Research Hospitals.  St Louis University Hospital is a Teaching hospital.  Barnes-Jewish Hospital is highly recommended. My 1st surgical resection was done in St Louis but at St Anthony's Hospital 3 yrs ago.  The Dr then no longer performs resections of the AN tumors.  He recommended to me Ralph G. Dacey, Jr. M.D. as The BEST!(Wished I had know that then) He can be seen at Neuroscience Center, Center for Advanced Medicine, 4921 Parkview Place, Suite C, Floor 6, St. Louis, MO  63110.  Phone:  (314) 362-3570.

As for me, I am still undecided whether to make the trip to St. Louis or do it locally.  We are blessed to have the Halston Cancer Center here in Springfield, MO.  Dr Robert D Strang, M.D. is board certified and fellowshiped in Skull Based Surgery.  He prefers to do Gamma Knife I've been told.  I will be going to 1st appointment sometime in the next few weeks.  To check out him and his procedures.  RESEARCH, RESEARCH, Research!

[Raydean]

For those going thru the  Social Security Disability process if denied it's important that you appeal the denial because there may be differences in the Judicators. All the Judicators follow the sames rules and guidelines but there may be differences in interputation.

To add to Battyprincess's posting, it's not if you're able to do the same job as before, but any job even if it's lessor pay. At the far end of the job issue scale if the job that you can do doesn't exist in your area, that doesn't mean approval, rather it could mean that you'd be expected to move to the area of availability of the job that you are able to do.

At least that's how I understand it. 
Raydean

[justafactoflife]

I'm Worried!!!
Help!!!! 
Sorry for the long note but I have a lot going on!!!

You know you can look just fine and still be in pain and disabled.  I found out this week, I have a partially torn rotator cuff.  This has been an on-going problem that went undiagnosed by my previous Neurologist who performed my fusion on the neck.  Since Jan 2006, my employer medical insurance changed and so rather than change doctors at that time, I continued on with him trusting his knowledge and expertise.  I wish today I hadn't.  After going thru 3 months of physical therapy and his nurse telling me the Dr pretty much felt he had done all he could for me, I finally changed to an In-network doctor in July. The first thing he asked me after reviewing my files, was did I have an MRI performed on my right shoulder?  I told him No,... because the previous doctor didn't order it thinking all my problems were in my Cervical disks and nothing more than a muscular problem in my shoulder.  I even took one of his painful shots in the shoulder/back to supposedly ease it up but it didn't help.

So a word of advice,...Don't always take your doctor's advise for the final explanation of your pains and suffering.   You have to do what you have to do and get a second opinion sometimes.  Not that I don't have enough going on with the AN tumor, and cervical neck fusions already mentioned,... now I get to see an Orthopedic Surgeon next monday for a torn rotocuff.  By the way,... my mistake....Dr Strang prefers the surgical resection rather than Gamma Knife, but he will assist in the Gamma Knife procedure.

I'm not sure if I will pursue the SSA disability or not.  My employer's short-term disability/long-term disability insurance folks have denied my pay by their doctor.  I have been told I have until July 27th to produce documentation of "Objective Findings" which my 1st doctor never provided.   I have to return to work, or be terminated.....thus losing my medical insurance and benefits.  This is the biggest thing that we worry about when filing SSA Disability, and Batty Princess can vouch for that.  I have a choice and a bad one at that.

If I go back to work in pain, I get to keep my benefits as long as I am employed.  My attorney advises me to not go back to work if I can afford it because it will make my SSA Disability case look better showing that you really can't perform your job due to the pain.  She also told me if I do go back to not work more than part-time.  This makes my case harder to prove, since I can perform my job.  Since my job is sedentary, they believe I can still do it within reasonable pain tolerances.  HELP?  What Should I DO?  I am sure to have up and coming surgery for the tumor, and most likely the torn roto-cuff, so I will need my insurance. I can't afford to be without it.  I left work in February of 2006 thinking my work short-term disability insurance would helpout until I am declared disabled by SSA.  This is my delima:

I can't get the doctors to provide my employer insurance evidence (or so they say) showing "Ojective Findings".  I hope the Orthopedic surgeon or my New Neuro Surgeons will do so before July 27th or I'm sunk.  I have been told that evidence must more or less be a Function Report by a doctor showing what I can't do with my ailments in relationship to your job.  This is expensive and probably not covered by insurance. The doctors have provided my records to them but that is evidently not enough.  Of course they don't provide me what exactly they are looking for so what should I do?  Any suggestions??

[Raydean]

I'm not a doctor, lawyer or anyone special in the fields of expertise that is needed in your case.  But from my outside looking in viewpoint.

The first priority would be keeping your medical coverage either thru your employment, or on a private basis.  Health Insurance coverage is needed in order for you to have the needed medical for the AN and arm surgeries.  The issue  would be go back to work to keep your coverage at risk of the other issues.  By law you are able to continue with your present coverage should you decide to quit, but you are responsible for the costs of this which can be very expensive.

It's important to remember even if all things went perfect with your SSD application and you were approved.  There is wait time of (in 1998 it was 5 months, may be longer now) where no payments are given.  As an example my husband was found disabled in August and started receiving payments in Feb.  5 months without income.  Medicare does not step in for 2 years from the start of payments.
Which means you have to purchase your own health coverage for two years. (I pretty well depleted our savings purchasing health insurance during this time.)  Even with Medicare supplemental coverage is necessary in order to cover everything that Medicare doesn't. 

Sounds like you're between a rock and a hard place.  At this point and time I think the financial issues and what you can or can't afford to do will lead you in the direction that you need to take, 
will be the factor in which direction to take.  I do understand how you feel and the difficult choices that you have to make. 

Another factor to consider is should you decide to quit your current employment It would be necessary for you on  a private basis to continue with either your current health coverage  at your expense, or purchase a different coverage at your expense with no laspe in time.  Coverage must remain continual.  Should there be a laspe in coverage then "pre existing' clauses will come into play and thats another hugh headache.

Idon't think there are any easy answers.  Would it be possible for one of your Doctors to write an release for "light duty" what would place limits on what you are able to do that would help to protect your arm and limit the pain.  Could there be modifications in your work place environment that would help with the medical issues.  Does your company have a Human Resourse person (all larger companies are required to have one)  that will assist you and work with you to help with the disability issues that affect your work?  Modifications, changes in equipment, maybe a different job within the same company? 

There's alot on your plate right now.  Know that we care and will help in any way possible.

Best to you
Raydean

[justafactoflife]

Thanks for your quick reply Raydean.  Sometimes we just need a listening ear to bounce things off of ourselves.  Great advice about continuing my insurance if terminated.  Thanks to you jogging my mind, I remember my wife is a school teacher, and if I lose my job, she can add me on to her insurance.  It is not as expensive as cobra nor is it as good of coverage but it will suffice.  I will have to be added on immediately if that happens as you say, they will think of it as pre-existing otherwise.  As for money, I have thought of bankruptcy as a last resort.  I also have 401K and IRA to fall back on for awhile(may last 2 years)but I hated to use that.  I wanted to keep that to supplement my SSD.  I also found another forum that may help others here on this one in offering legal advice.  http://www.laborlawtalk.com/index.php?

I posted to it my concerns about STD/LTD problems with my employer and what if any legal actions could be taken.  Someone told me you also could file a complaint with (EEOC) Equal Employment Opportunity Council and it is no charge for them to investigate if they feel you have a valid complaint.

Thanks

[rntiggergirl]

Do any of you have State disability programs in your area? or has this already been exhausted?  I live in California and I am currently on Ca State Disability and this can cover for up to one year and it is based on if you are able to do the job your were doing previously. I am not sure what states you live in or the laws in that state but this should be a short term option for some of you.  I have been on Ca State disability 3 times since my AN surgery (9 months then 5 months and currently for 3 months and counting), I was able to return to work between disability claims, so the clock started over each time.

Cheryl

[justafactoflife]

Hi
I live in Missouri and none that I'm aware of other than SSA SSI.

[justafactoflife]

OK,

I gave it up and went back to work.  I felt  if I could do my job and make a living, I would be better off financially, so I'm going to try it again.  Against my attorney's advise, I did this.  I need the insurance to have further treatment of my new AN tumor.  My wife's insurance was expensive and so this is an option I can't take except as a last resort.    Each person is different in their abilities and what they think they are capable of .  The attorney did say to try it for 90 days or less and I could still keep the SSA case open.  After that, ...it would be closed.  I know I'm not well and I know I can't do my job as good as it was for me in the years past.  My pride won't let me file bankruptcy.  I now feel like I'm being scrutinized by my employer as being a person who is a complainer, chronically ill, depressed, and trying to fake SSA due to my symptoms each day.  They are afraid to fire me for the fear of EEOC and ADA being on their backs.  So far, nothing has been said about my STD or LTD being paid to me for the months off work.  I guess I should count myself lucky to have the job still.

I borrowed a loan on my 401k at work and an Insurance policy.  This was just to pay my doctors and for the physical therapy for the misdiagnosis.  I just love Doctors!!!!!!  My neck injury is not painful anymore but I have limited neck movement.  The Carpal Tunnel seems better now that I wear a support at night but I still have a lot of pain.  The rota-cuff injury is minor enough not to cause me problems as long a I don't lift anything or extend my arm upward and out.  Hopefully, both will heal on their own in time without surgeries.  The main issue is the AN regrowth.  I most likely plan to have surgery soon and will need my insurance.  After that,...who knows what the outcome will be.  HR has told me,  my FMLA starts over again in 3 months, but my STD closes in 2 months. 

I feel pretty banged up and defeated both physically, and mentally.  Filing disability will have to wait until I'm near death I guess.

[Brendalu]

I have had my seconf denial in the SSD process.  My daughter is a paralegal, so she and her boss helped with the first two processes.  When I was denied the second go round her boss, who is an excellant personal injury lawyer) referred me to an SSD specialist.  After speaking with me and reading this forum, he took my case and now we are in the waiting for the appeals hearing.  HE said that because I had not been off work for a year since my surgery I was denied the first two times.  ALso, both my ns and ENT wrote that I had severe balance problems but they WOULD get better in a year, no problem.  I did a walk test and a few others on my one year anniversary for my ENT and NS and told them both they needed to go back to school or at least read up on AN's and what happens to us after surgery that most of us are not made aware of.  The waiting process here in Texas for the appeal hearing is about a year and a half.  By the time I hear something I will be off three and a half years.
My husband has an excellant job, but I've always worked and had my own income and I don't like being dependant.  I had worked for thirty eight years before all of this happened.
My Dad applied for SSD back in the 80's.  He passed away three days before his approval letter came.  We thought that my Mom would get the back SSD money because you do receive a lump sum of the monthly amount for the number of months from when you first applied.  No such luck.  SHe receive a check for burial expenses and wrote accross the face of it in big red letters : DENIED.  She sent it back with all of the paperwork they had submitted and the paperwork Dad and his Docs had submitted.  She was guttsy lady.
I hope that the time frames help some of you.
BrendaO

[Captain Deb]

Brenda O
Boy are we in the same boat! I've been denied twice as well and am working with an SSD lawyer. It's been 1 1/2 years since I started with the atty and the same since my second denial. I, too, have a hubby with a good job and hate being dependant. We don't even have a joint checking acct. Last year, I sold off much of my private art collection that I wanted to leave to my grandkids to pay my medical bills and health insurance. Unfortunately, I am self-employed and have been for years and that is a worse-case scenario for collecting disability.
Capt Deb

[Battyp]

I was just told last week if my appeal is denied it's a long line for a hearing and the entire process could take up 3 to 5 years.  That's just WRONG!  I could be living in a cardboard box under the bridge by then...hey maybe I'll be skinny so that would be something to loo forward to right?