can i file disability for my RA and lupus

Discussion in 'General Health & Wellness' started by jimjames, Aug 1, 2010.

  1. jimjames

    jimjames New Member

    will they award me disability for all the crap i have
  2. TwoCatDoctors

    TwoCatDoctors New Member

    I'm not an attorney, a representative or an advocate that represents SSD claimants. I am an SSD recipient that went through the process and was on the SSD coalition website for a long time and tried to gather as much information as possible.

    In order to obtain Social Security Disability (SSD), you must make application through the Social Security Administration (SSA). This is an involved process and you must prepare yourself and go into this doing the absolute best you can. This may be more info than what you are asking for, but others read here and it is for them also.

    There are many factors that are important then just whether you have RA and Lupus when entering the process SSD:

    --SSA is ABSOLUTELY looking to find that you cannot do your present job, but also cannot do ANY OTHER JOB. If you have a job presently and will not be quitting work, your chances of being denied are huge. They truly want to have applications from people who are out of work due to their disabilities. If you disabilities are such that you will have to quit your job, but can easily do another job, your chances of being denied are great.

    --You want to apply within one year of quitting your job due to becoming disabled. SSA will only consider going back one year from your application date to provide past benefits. SSA will ask you what your date of disability is, but SSA actually determines your ONSET DATE (the official government date that you because disabled in their eyes) .

    --SSA is looking to find your doctors supporting you in that you are fully disabled and unable to DO ANY JOB.

    --Your doctors ABSOLUTELY must support you that you are fully disabled and unable to do any job and be willing to complete SSA paperwork indicating this. On the DISABILITY board, posted an article a while back about talking to your doctors on supporting you in being disabled and applying for SSD. It may help you approach doctors in a positive way.

    --Once your doctors are supporting you that you are fully disabled and unable to do any job, on the DISABILITY Board here is an important form called "Residual Functional Capacity" form (RFC). It an SSA form that they prefer your doctors fully complete and sign. A letter may seem okay to you, but the RFC form asks doctors the questions that SSA wants answers to. So it is best to have that the RFC form completed. Have all your doctors complete that form and it will be turned in with your application and all your medicals.

    --It is best if you obtain copies of all your medical records, test/film reports to attach with the application. Go at this with your very best efforts because you want to win at the earliest possible level. Also, SSA would obtain copies of medical records, but they don't always contact all the doctors that you mention and that can place you at a big disadvantage. So it's best if you get the medical records, test and film reports and submit them yourself.

    --Keep copies of everything you submit to SSA (including all your medicals).

    -- A big consideration for people is whether they are physically and mentally able to complete the large application, obtain all the medical information, then to complete the interim paperwork that is sent after you file the application and the case is ongoing. You may get duplicate paperwork that is basically on how you are doing, but you must complete it and the duplicates that may follow and have it back to them in a matter of days. Consider if you can do all this, and if not, it is very important to see help from either a advocate that would do this for free (Independent Living Centers in your area are probably able to direct you to free advocates and here is the site for ILCs http://www.ilru.org/html/publications/directory/index.html), a representative (a non-licensed attorney) or an attorney practicing law in the SSD field. It is not a crime or anything to feel ashamed of if you cannot do it all by yourself as many ailments throw barriers in our way, and it's smart to accept what your capabilities are and ask for help from others if you need it.

    --If you select an attorney, representative or advocate to represent you, make sure you get it clear as to exactly whether their office or you gets the medical records. Many times their contracts state you are to obtain all the medical records, and if you cannot, then the contract must be changed before you sign it. Also have it put in the contract how you are going to pay for costs (photocopies, faxes, postage, etc. )--whether they will be monthly or at the end of the case. Some insist you pay monthly.