My Disability Story

There are several things to think about before you go so far as to quit your job and apply for Disability. Or if you are already filing for SSI.


Do you have STD (Short Term Disability) at work? LTD (Long Term Disability)? Have you worked at your current job long enough to get FMLA (Family Medical Leave Act)? All of these things will keep your job and an income while you are applying for SSI. To find out about these benefits contact you HR dept. Ask if you are eligible, what percentage of your wage is covered, and how many weeks for each one?


What challenges do you have at work? What things does your employer have to do to accommodate you at work, extra days off, extra training, attention, environment, equipment anything they do special get it in writing and include this in your file.


Were you fired, why? Do you have it in writing? Write a letter with a copy of your termination letter explaining why you were let go. This won my case for me.


What are your medical conditions? Make a list of them and then find a Doctor that specializes in that field. SSI puts a lot of weight on specialist that you see on an ongoing basis. It’s not how many you see, but more how often you see them for what condition. This part is the “kiss the toads’” process. Yuck! Painful and annoying but once you find a good team they can win your case for you.


Are you depressed? Use this to your advantage; they look at this more than anything. See a good shrink, an MD not just a counselor. Get tested by neuropsychiatrist, if you can find the one that does the testing for SSI in your area, great!! Ask the receptionist if they test for SSI review, she will know. I did and it really helped. They will document how your medical condition affects your ability to think and work. I was tested every year until I won.


Talk to your Doctor about supporting you though your fight for Disability. Your Doctor will need to fill out all the papers for STD, LTD and FMLA. Do not quit your job until you have found a Doctor who supports you in the fight for SSI. It is going to be a looonnggg haul and if you have no medical support, you will have no case.


Don't count anything out even the smallest thing should be looked into and documented for your case. Get your Doctors involved and working for you. If they wont, move on. You can't waste time on Doctors who won’t work for you. This is your life you’re fighting for, make them work for you.


Have all your Doctors fill out a work restriction form. This shows that what you are telling them on your case is true and gives them proof of those life changes.


Call your local SSI office and tell them you need help filling out the forms. To locate your local SSI Office go to this site: https://s044a90.ssa.gov/apps6z/FOLO/fo001.jspYou’ll need to bring some info with you for the appt. Things like medication list, Doctor list, ids, and such. If you don't remember all your Doctors, that's fine bring as many as you can remember. Bring a check stub from your job and spouse’s job (if applicable). Before you send, any forms in make a copy of everything sent. You will need this to review with your attorney and for any appeals. If you get help from SSI filling in forms, ask for a copy of everything.


In member, FAQ on the top of the board there are tons of sites regarding Disability and what you need to do. Read all of them. See these too:http://www.socialsecurity.gov/disability/http://www.scottdavispc.com/articles.htm


Get a copy of ALL your medical records as far back as you can. Read them; mark any tests that are missing. If it says you had an x-ray or lab, you will need to include a copy of the written report. Believe me, they’re not always there. Consultations too, get all the records from each of them including any tests they did. You need the actual consultation records not just a copy of the letter to your Doctor. Keep all original records in a file in chronological order from first date seen to current. Make notations of what records where sent to SSI and when. Doctor’s offices might charge you for records, but they will cost less then what your attorney is going to charge you for them. I just chalked them up to a savings in the end. I know you don't want to pay an attorney to get these do you? Believe me attorneys won’t tell you but when you get your settlement requesting medical records will be listed as a deduction on your settlement.


Always keep a copy of everything for your files in order. Medical records and forms separate but in order.


If you are finically suffering, write a letter of hardship now. In this letter, you will need to list your income, bills, and the difference, hopefully to the bad. Include everything, food, gas, gifts, medical costs, medication costs, Over The Counter medication costs you take on a regular basis, everything. Write a letter stating how you are struggling to keep your life going. If you are working send in a copy of your check stub, so they can see proof of your income. When you apply for SSI, you are allowed to make so much a month gross, call your local SSI for a current allowed amount. Is someone helping with your bills tell them how and when this help will end. This will help move your case faster through the review.


Write, not type, a statement of all the ways your life has changed. Keep it short, about 1 page, no spell check, and no grammar check. Include things you can't do that you once could. What simple things do you now need help with, opening a can, taking out trash, cooking, cleaning, can you drive, how far can you walk, how long can you stand? Sit? Do you need a wheelchair, motorized scooter to shop, can to walk? Do you need help remembering medication, paying bills?


If you can have someone who lives or works with you write a statement about how you have changed and their signature notarized. This statement cannot be hearsay but only the other person’s observation of the changes in you since your illness. All these things add up to show how your life has changed and they all need to be listed on your SSI application.


Once your case has been filed you will get a case confirmation letter. This letter is to tell you who will be reviewing your case. Call this person at least once a month. Send in all records collect to date and then any new records at least every 3 months, cert mail addressed to that person, unless you have heard from them about a determination. Call that person the day you send records and let them know they are coming. Make a note of records sent to SSI, as duplicates will be kept with your file making review a slower process, one thing I know you don’t want.


Once you get your first denial letter, which should take about 3 mos. You will have 30 day to file an appeal. If you aren’t denied on the 1st time, you are one of the few lucky ones. While you are waiting for a determination assume you will be denied, keep collecting medical records and start looking for an attorney. You should also keep pursuing treatment to get more definition to your diagnosis and to show continued care.


To find an attorney look in the yellow pages, ask friends, relatives, coworkers you want an attorney that only works on SSI cases. By fed law they cannot take any pay until you win and then they are limited to only a certain amount of your settlement. You do not have to sign the release of information to your medical records. Simply tell them you will take care of this and will not sign.


With your first denial letter, you will get another pack of papers for your second appeal. This is where all your hard work is going to pay off. Give the attorney all the forms for your appeal, a copy of all the records you have sent to date and any current records. Also, bring in the statement you wrote (not typed) of how your life has changed and any other notarized statements from anyone else. Your attorney will review everything with you and make copies of all your records. Your attorney will send in your appeal forms and any records not already sent.


Once this is received, you will get a letter saying who is reviewing this case. It won't be the same person as before. Your second appeal will take another 3 months to make a determination. As before assume you will be denied, keep working your case with your attorney. You will need to now check with your attorney and the SSI caseworker on a monthly basis.


It’s been 3 months and you have hopefully been approved. If not you will receive another packet explaining you have 30 days to file for a hearing before a judge. Your attorney will file these forms for you. This terrible ordeal will take the longest. You need to be working on your case at all times to get the right info to the judge to prove your case. All the things you have done up to now depend on proving your case to a caseworker. Now you need to prove it to a judge in person. Getting a hearing date will take between 18 months to 24 months. If you haven't written a letter of hardship do it now. You’re going to need it.


If after you sent in your letter of hardship, your have filed for your hearing and have checked with your attorney and caseworker on an ongoing monthly basis, but you still haven’t heard anything in 12 months. It’s might be time to call your Senator or Congressman to see if they can speed things up due to your hardship. Please don’t be afraid to make this call every Senator and Congressman has a dept that works with SSI cases daily and can really move you along, but you have to ask. When you talk to this person, be honest and give them just the facts of what you and your attorney have done to this point and what you need their help with. Be direct and to the point. Make notes of dates, phone calls, and whom you talked to before you call them.

Yes, this seems like a lot of work. No your attorney isn't going to do everything. No your attorney isn't going tell you what to do. They will tell you the process but not how to get things done. I had a good attorney, but I still did all the work myself, mostly my choice. I didn't want to pay them for records and consults.


I won and I did most of it on my own. It's your life you’re fighting for, so fight.