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Old 12-05-2008, 03:52 AM   #1
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oddie HB User
Disability questions????

Hello All,
Who actually gets the process started for qualifying for disability?
The dr.,me,lawyer,etc.?
thanks,Oddie

 
Old 12-05-2008, 06:13 AM   #2
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Re: Disability questions????

Hi Oddie, you are the one who has to file the initial claim. You can file online at the Social Security website or you can contact your local SS Office and set up an appt. to file a claim. You can also file a claim over the telephone there is a 1-800 no. you can call that listed in your phone book. I hope this helps with your question. You usually don't need a lawyer unless you get denied the first time.
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Old 12-05-2008, 08:53 AM   #3
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Re: Disability questions????

Hi Oddie,

I did it a little bit backwards. About 5 months after my injury, I realized I would never be able to work again, so I went to a disability lawyer. He looked at my medical records, and said I had a strong case. He told me I needed to file, then he would take over.

Next, I called the Social Security 800 number, and set up an appointment. I went to the local office and filed in person (you can also do it over the phone). Then the lawyer took over, and has done all the work.

So if you do it all yourself, or decide to use a lawyer, your first step is to call the 800 number and file the claim.

 
Old 12-05-2008, 11:25 PM   #4
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Re: Disability questions????

I was recently approved for SSDI. The way I went about it is: I first filled out the disability application forms online. I then called Social Security to set up an appointment for a interview, which was required. Now I could have this interview done either by phone or in person. Our Social Security Office is not very far from my house so I went to the office.

At the interview the gentlemen looked over my application and told me that I did a wonderful job of filling out all the questions. I went into lengths about how my Reflex Sympathetic Dystrophy had changed my life. I mean I needed to use a lot of extra pages to complete what I wanted to say. I was told to answer the questions as if it is the worst day with my RSD. I also went into not just the physical aspects of the RSD but also the emotional part of having a chronic condition and not being able to work.

Next came the waiting the game. I filled out my application papers in May of 2008. In August I received a letter stating that they wanted me to see one of their doctors. Then a couple of weeks later I received another letter telling me that the appointment with their doctor was canceled. So I called my case worker from Social Security to see why it was canceled and if that meant bad news for me. She told me that she could not legally answer those questions. She did however tell me to relax and be patient. That a decision would be made very soon.
Again I then waited.

In the middle of October I received a phone call from the gentlemen that conducted my interview with me at the Social Security Office. He was calling to tell me that I was approved.

I need to back up for one minute so that I can make something clearer. I first applied for SSDI right after I was diagnosed with RSD and realized that I would not be able to return to work. But I was denied. I believe that was because I was not off of work long enough and that I was just recently diagnosed. This was in December of
2005. I did not appeal their decision and I just left it alone. I was also getting a monthly check through the state because I was a state employee for 22 years where I taught at a technical college.

Then this past May my doctor told me that I should apply again for Social Security Disability because my RSD was getting worse and in her opinion I would never get any better than I am, which is not great!!

Ok, back to the phone call. This very nice man from Social Security wanted to call me with the decision and not let me wait for a letter from them. He said that he did not want me to worry anymore. I thought that was so wonderful of him. He also told me that they had decided to use my first application (the one from 2005). Since they did this it meant that I would immediately be able to get Medicare. I was crying because I would once again have health insurance. He also told me that since they went back to the first application that I would receive back pay starting from the first day I was unable to work, which was November 2, 2005. My husband was home at the time I received this phone call and he couldn't tell if it was good news or bad news because of my crying.

I hope that this is of some help to you and I sure hope that you are able to have the success that I had with this process. It was nice that I did not need to use a lawyer so that I did not need to pay anyone. But I have heard that having a lawyer is a good idea should you get denied and want to appeal their decision. I was also told that about 70% of the applications Social Security receives is denied on the first try.

If you have any other questions I would be happy to answer them. Oh one more thing you may be wondering and that is my age. I am 49. I turned 49 on November
14th.

Good luck!!! I will be praying that you all get approved and have it happen quickly
Take Care,
Chris

 
Old 12-06-2008, 12:11 AM   #5
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Re: Disability questions????

I went through the process twice. My first go around, I did the whole application process and was denied twice. I was so frustrated and upset over both denials that I gave up.

I ran into a friend of mine a few months later and was talking to her about being denied. She gave me the name of the lawyer she was using and had nothing but praise for her so I decided to give her a call. She did everything from my initial application all the way through getting an on the record decision without a hearing. She got me approved in 10 months AND they went back to my original application, reversed the denial to approve me back to 2005. She was worth $5,300 and then some for how much she helped me. She was in constant touch with me either through phone calls or emails to keep me updated on what she was doing, who she was talking to etc.

While there are several who handled their own cases with out an attorney and were successful, I applaud those people. I felt my attorney made all the difference in the world with my case. She knew everything that needed to be on my application in a way that I would have never known. She even went to my dr. appt with my neurologist just to talk to him and discuss his evaluation.

While it is a personal preference, I would have to suggest finding an attorney who is on your case from the get go. They can either file your application for you with the "magic wording" that social security is looking for or walk you through filling out the application.

Good luck in whichever route you go!!!

 
Old 12-06-2008, 08:56 AM   #6
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Re: Disability questions????

I agree with Hug, You will need an Attorney. Most cases are denied at first, and when they are you then need to seek an Attorney. First you need to apply. I hate to say it ,but it is a long process.
check out the previous post on this website, it will give you an idea. I applied in 2003, after 3 appeals at the SSD judge level I just now won my case. I did have an Attorney from the first appeal. Good Luck to you.

 
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