now what? - Disabilities Message Board

robingilbo · 06-27-2004, 02:53 PM

I have already done my phone interview for SSDI. I received a packet with an application to sign, and a bunch of medical release forms to sign. I was also told that I would be sent a work history report, but I gave that information to them over the phone during the interview. To all of you that have been through this process, or are still in the middle of it, I would really appreciate some solid advice. My doctor is behind me 100%, and my neurosurgeon said he would support me also. My question is, what can I do to help me with my case, or do I just start playing the waiting game. I have pretty much read every site I could find on the SSDI subject, and it is amazing the amount of conflicting advice there is out there. I dont want to fall into the trap of "there's no way they can turn me down", but I certainly feel like I can do something to help the process along. I live in Ohio, if that makes a difference, and would appreciate any responses from anyone.

dalesgirl · 06-27-2004, 04:31 PM

My advice is to keep close contact with your caseworker... as in a weekly basis after the first go round. Good luck and hopefully you will be in the small precentage that gets it first time out however, I stress not to get your hopes up. I learned during the process to simply do everything I could to keep in touch and get them everything they wanted but I couldn't stress anymore WHEN it was coming. We were confident my husband would eventually get approved and we just HAD to make do until then. I know it's hard but I would of gone crazy if I looked at it any other way.

The fact that your doctors are behind you is good but is of really little credit sadly. THe SS doctor is who normally make this decision. All my husbands doctors were behind him and did anything THEY could but ultimately their beliefs had little impact.

Right now since you're just not filling things out it's more of a wait and see. They have their time limits and just make sure you watch those times (meaning if they have 60 days, know when your 60 days are up). Other then that until you get a confirm or denial it's a waiting game.

Purplebill · 06-28-2004, 12:15 AM

Actually, the regs clearly state that the treating physician's opinion is normally given the greatest weight (over that of consulting doctors who see you once for an eval, or the opinion of a non-treating reviewing doc who has never seen the claimant). the problems arise in that the treating docs are often not acquainted with the buzzwords and appropriate language needed to make a disability determination under the appropriate rules and Regulations. This is a prime area where the assistance of a knowledgeable attorney will be invalualable. But you have very luck to have to docs on your side, as their support could prove to be invaluable.

Bottom line from my perspective is to obtain all necessary medical treatment for all chronic medical problems. You talked about your doc and a neurodoc, I wonder whether you mmay have any depression or anxiety problems related to your underlying medical issues. If so, now is no time to be macho; it is time to obtain the appropriate treatment with the appropriate medications, etc. as prescribed by your docs.

The best thing you can do for your disability case, is you continue seeing your doctors on a regular basis for your various chronic problems, and be sure not to hold anything back out of a sense of embarrassmemnt, shame, macho, self esteem, etc. You simply cannot afford to indulge yourself in that kind of self pity. THe docs need to know the whole truth, not just those parts you are comfortable with reveiling.

You should also start interviewing attorneys who specialize in SSA disability cases. Make sure you select someone who you are comfortable with their style; and understand the limits to communciation and who is expected to do what, to whom, why, where, etc. I always encourage claiments to find their attorney the earlier in the process the better. Others advise waiting until one or even 2 denials but I know that at the very least the attorney can keep your foot in your shoe and not in your mouth.

Good Luck with your claim, Liam

Ammy · 06-28-2004, 05:42 PM

This is just my opinion from my experience so take from it what you want to.

Treating doctor's ARE to be given more weight than the SSA exam doctor. However, from MY experience, and others that I know that have been through the process, you don't generally get that until the ALJ stage.

I had my consultative exam in December 2002. I got my denial in January 2003. I just assumed that the SSA doctor had said I wasn't disabled. Honestly, I hadn't been able to seek treatment. I'ts kind of hard when youa ren't working and can't pay the doctor bills. The free clinic in my area would give you the free medical treatment, but they wouldn't give you the free prescriptions. Not even samples. I couldn't afford over $300 a month in meds so I just suffered. So, the SSD doctor was the first that I'd seen in a little over a year. Hence, my assumption that he'd come to the conclusion I wasn't disabled.

Now, in my file were records dating back to 1989. The most recent was from January 2001. (My disability is panic attacks and agoraphobia.) So, according to SSA I had no "recent" (meaning immediately before my filing) medical records and they sent me to the SSA doctor. But, I had records going back to 1989 where I had panic so severe that it kept me from working. Even though it wasn't "current" it was in there.

After the denial, I retained council. I finally got my hearing this year, March 29th. About 2 weeks before the hearing my attorney came to see me. I'm pretty much housebound with the panic attacks. That was when I got a chance to look at my file. I read the SSA doctor's report. All 4 pages of it. (How in the world do they get that much out of a 30 minute exam? LOL) Anyway, he said I was disabled. Gave me a GAF score of 45. Said that I did not have social relationships (true), that my persistance was low, and that my pace would be considerable below average. He diagnosed panic disorder and dysthymic disorder (depression). The GAF scale of 45 means (and this is from the DSM-IV manual, and straight from my decision from the ALJ) "serious impairment in social, occupational or school functioning (e.g. no friends, unable to keep a job)." He said that I would not be able to hold a job and be productive on a daily basis 8 hours a day, 40 hours a week.

Seems pretty cut and dried, doesn't it? If the SSA's own doc says I'm disabled, then they should approve it, right? Wrong. Like I said, they denied me.

I was finally able to get medical help and started seeing a psychiatrist regularly since February 2003. At the hearing those records were admitted too. The following is verbatim from the Favorable Decision issued by the ALJ in my case:

"Prior to the hearing in this case, medical consultants with the State disability determination services made assessments regarding the nature and severity of the claimant's impairments, and concluded that the claimant had physical and/or mental capabilities than those established in this decision. The findings by these consultants are part of the record of this case, and are considered expert opinion on the issue of the claimant's medical capabilities and limitations. Social Security Ruling 96-6p.

However, the Administrative Law Judge is not bound by the findings made by the state agency consultants. The opinions of treating and examining physicans or psychologists are commonly extended greater weight in disability decisions because they have actually examined the claimant and usually have at least as much relevent medical expertise as do the State agency consultants. The opinion of a treating physician, especially, is usually entitled to greater weight in the decision-making process because of the length, nature and extent of the treatment relationship with the claimant 20 CFR 404.1527. The evidence, including the State's consultant evidence, all documents that the claimant is consistently being rated at 35-45 on the GAF by all treating, examining, and counseling sources."

So, in my case, the DDS even ignored their own doctor that said I was disabled and denied me. Not until I got in front of the ALJ was his exam of me even given any consideration it seems. My treating psychologists said the same thing that he did.

leather green · 07-05-2004, 07:22 AM

Wow your case doesn't sound like the normal case, I have been told that my Doctor input has very little to do with the decision. It seems like every case is different. Did your Attorney's suggest to get your Doctor input? I am not for sure what to do, I had a stroke last April, I got turned down I am waiting for my Appeal. Well good luck to you..
Leather green