I have an appt with an attorney - Disabilities Message Board

Tori2571 · 07-11-2004, 09:56 PM

I am 32 with severe depression, OCD and anxiety. I lost my job a few weeks ago and I know I can't work. The only way I made it through the last 3 years of work was on medication and more than 3 xanax per day.

I found a local attorney that said she would help me at the initial stage of filing for SSD. I don't understand how to fill out the forms and I am college educated. She told me to bring the forms with me on the 21st. I have been under the care of my family Dr for 3 years and now he wants me to see a shrink. They aren't taking appointments until next month.

Anyway, is it better for me to have an attorney from the very beginning? What should I know about the steps in SSD other than the fact that I will get denied. I pretty much expect that from the research I've done. I assume they will send me to one of their mental health Dr's? How soon does that happen after filling out your application? If I have been sick for 3 years but have been out of work since last month what would my date of illness be? The last day I was able to work?

Thanks to anyone that can provide their story or advice to me.

judypatootie · 07-12-2004, 07:41 PM

Tori:
There are several well informed people on this board who I am sure will reply to your post. I am *not* that informed on every little detail of the system, I only know what happened with me.
I worked for a hospital in finance for 28 yrs and had spinal/back problems and increasing psychological problems for the past 5 years or so. I lost my job in January '04 due moreso to the psy stuff, but a LOT of that was also brought on by my deteriorating lumbar and pelvic issues. I filed for disability in February, filling out the forms by myself. After I returned those forms, then they sent me similar ones for all the doctors (general practitioner, psychiatrist, back doc) therapists (physical and psych) chiropractor....any and all providers I had seen. Don't leave any provider off your list.
They had also asked on the forms of "other" people, friends, co-workers, family, who knew me, knew my symptoms, how functional I was, both mentally and physically, etc. Only one of those people were contacted as far as I know. She also had to fill out several pages of information.
I called the claims worker occasionally as to the status of my claim, and he called me when he needed anything else. The first week in June, I received a phone call from him that said my medical and psych had both been reviewed, but my claim had been "randomly" picked to be sent to Chicago for another final review. I just "knew" that was a bad sign, but it wasn't. Last week the local disability office called me & said that I had been approved and they needed to reconfirm my bank routing #'s for the direct deposit of my first disability check which I should receive the third week in August. I have since talked to her again & was told that I'd for sure receive backpay for the months since I lost my job.
Needless to say I was totally blown away with the news. I fully expected to be denied, and then have to get an attorney and reapply, waiting for months and months more. Thank God it didn't work that way, so I just wanted to let you know that first time approvals may be rare, but they do occur even without an attorney.
Now, the ones on here who are more system educated can tell you in detail how it works "inside". I wouldn't know where to start with that.
Good luck and hang in there

Ammy · 07-12-2004, 09:02 PM

I"ll try to answer you the best I can based on my own knowledge and research...

Anyway, is it better for me to have an attorney from the very beginning?

***From my understanding, it's every person's personal decision. I didn't have an attorney when I initially applied. I retained one afterwards. However, if you're having trouble with the forms, then I'd suggest getting someone to help you with that. If you feel an attorney is best suited for the job, then by all means, go with what makes you comfortable. But, it's not "necessary" to have an attorney from the beginning, no.

What should I know about the steps in SSD other than the fact that I will get denied. I pretty much expect that from the research I've done.

***First step is the application. Once SSA receives that, your claim starts being processed. From your local SSA office, the claim goes to a state DDS (Disability Determinations Services) office. There, your medical records are requested, and added into your file. (Remember all those release forms you had to sign and NOT date? That's what those are for.) Once the DDS receives your records, they will make their determination. You are correct... most are denied at the initial level, but there are some that are approved as well. If the DDS doesn't feel that you have enough medical documentation, then they will refer you to one of "their" doctors for a consultative exam. ONce that is done (IF they do it) then they make a determination on your case and you get a letter either denying you, or approving you. If you're denied, you have 60 days to file an appeal. Depending on your state, you'll either go through a reconsideration, or straight to an ALJ hearing. At the reconsideration level, a different person at the DDS office looks at the same file and makes another determination. If they still deny you, you appeal again and request a hearing in front of an ALJ. The hearing is informal. You, the judge, a court reporter (that records the entire hearing) and your attorney if you have one. There may also be a vocational expert there if the ALJ requests it. This person will tell the judge if there are any jobs available in the national economy that you can do, based on your alleged impairments. The judge will either give you a fully favorable decision, partially favorable decision, or a denial. A denial is pretty much self explanitory. A fully favorable decision means that the judge agrees with everything you alledge. A partially favorable decision means that he agrees you're disabled, but doesn't agree with the onset date. (Normally, this is what a partially favorable decision means. There may be other reasons, but I put this one as it's generally the reason why the judge issues that decision.) Now.. fully favorable or partially favorable are GOOD. Denial is BAD. Fully favorable means the judge believed everything you said. You can appeal that if you want, but tehre is no reason to. A partially favorable decision may be appealed if you disagree with the parts the judge disagreed with. A denial can also be appealed. If you appeal the ALJ's decision, it goes to the SSA's Appeals Council. If denied there, you can appeal to the US District Court.

I assume they will send me to one of their mental health Dr's?

***Yes, they can. If you don't have enough medical evidence documenting your condition they will send you for sure.

How soon does that happen after filling out your application?

***I filed my application on September 30th, I was seen by the SSA psychologist on December 13th. I think it was the 13th. It was 2 years ago, so I forget. LOL So, about 2 1/2 months for me.

If I have been sick for 3 years but have been out of work since last month what would my date of illness be? The last day I was able to work?

***Correct. Your onset date would be the date you were no longer able to work.

Just as an FYI... I was approved at the ALJ level because of panic disorder, anxiety disorder, agoraphobia, and depression. I was denied initially and appealed. In my state it went to the ALJ and not through reconsideration. However, it still took me almost 2 years to get approved.

Tori2571 · 07-12-2004, 09:09 PM

Thank you so much. I applied online today and I will have the attorney assist me with filling out the other paperwork that is included. I don't feel like I can fill them out on my own. On another forum someone stated that I would not receive any back pay because there is a 5 month period after you stop working which you can't be paid for. Is that correct?

I went to see my Dr today and he is setting up a quick appt for me with a pdoc. He said I need someone to assist "us" with my disorders. I have the most wonderful family Dr.

I will keep you all posted. I really hope everything works out to my favor. Thank you for your stories.

BTW, I am in Arkansas.

Purplebill · 07-12-2004, 10:58 PM

"On another forum someone stated that I would not receive any back pay because there is a 5 month period after you stop working which you can't be paid for. Is that correct?"

The definitive answer is "not necessarily". Benefits (for SSDI (Title II) can be awarded as far back as one year prior to the date of application as long as you can prove that you met the disability criteria as of 17 full months prior to the date of application. so yes there is a 5 month waiting period but it may not apply as of the date of application, it depends upon the specific fact situation.

Also keep in mind that if DDS determines that they need more information to reach a decision and ask you to attend a consultative evaluation, you have the right to insist that your own treating physician or psychologist perform the evaluation as long as they are competent and willing to do so.

It sounds as if you have made a wise decision in obtaining the services of an attorney (who hopefully specializes in SSDI/SSI disability cases), especially given the trouble you are experiencing with forms.