Disability Question

Discussion in 'Fibromyalgia Main Forum' started by Cyndi40, Jan 14, 2006.

  1. Cyndi40

    Cyndi40 New Member

    Hi All,
    I've been a member here for awhile now, but lurk more than I post. I really enjoy the site and find comfort here when things are bad. So thank you to those who have posted wonderful, helpful advice as to how to deal with this crazy condition. I can't believe how my life has changed so drastically over the course of a little more than 2 years.

    I wanted to ask a question regarding disability. I hope it's ok to ask this here and that I'm in the correct forum. But, I was denied (as I hear most are the first time around). Then I retained a lawyer who specializes in disability cases. My appeal was filed months and months ago... maybe going on a year now (don't ya just love the fog when you are trying to say something and you can't remember when you did something?!) anyway, the important part is that it was filed some time back. I was told at that time that I would most likely have to wait for a court date which could take some time for me to get on the docket. I was very distraught as I've waited so long and I worked all of my life and there is absolutely NO WAY that I could hold a job right now with either pain or not being able to concentrate with the combination of pain and fatigue and confusion. UGH! So anyway, I got a call from my attorney's office telling me that my file was with a federal judge and that they are trying to keep me from having to go to court. I was just wondering if those of you who've been through this process would know if that's a good sign or not. I mean, that my file is with the judge already and he is reviewing it and it may not even go to court now, it led me to believe that there is a possibility that I may not have to go to court, like that my file has everything they need, and that it is a strong enough case for them not to bother? Or is it just the normal *routine*? Hope this question makes sense.

    Thanks for any info that you may be able to share with me as I guess I'm just getting a little nervous that I am getting my hopes up for nothing.

    God bless you all with many, many pain-free moments is my wish,
    Cyndi
  2. lilac123

    lilac123 New Member

    I would dare to guess that your file being in the judges hands already is a very good thing! I too was denied twice, retained a lawyer, (who did absolutely nothing), contacted my Congressman and he was the one able to get my case looked at sooner. I was found fully favorable (sp??) without having to go to a hearing.

    Do you have letters in your file from your doctors? This seemed to be what the judge looked at for mine. Along with the letters I wrote to the congressman and letters from family members who saw all the changes in me I wasn't even aware of.

    It sounds like your lawyer is at least on the ball about where your case is so that is a good thing. I would say think positive, it should be alot sooner if you don't have to wait for a hearing! That is great.

    Hang in there and don't give up!
    Lil
  3. poodlemommy

    poodlemommy New Member

    I think its a good sign. I was denied also . Then I filed an apeal and about 3 months later they gave me a date in Sept that I was to attend an informal hearing. This was in March that I was given this fall date. I then got some more documentation from my doctors that I sent off to them for my file. Then I just waited for my hearing to come up. A month before my hearing date I got a letter saying I was approved and the hearing is cancelled. I was shocked. I never expected it to get settled so fast. So anything can happen. They dont like to take these matters to court if they dont have to. It expensive and time consuming. So I would say this is a good sign
    poodlemum
  4. Cyndi40

    Cyndi40 New Member

    Thanks to all of you for the information and for replying to my thread. I figured it might get lost in the shuffle and I really guess I just wanted to set my mind at ease. I'm feeling less negative about this after reading the posts... I also think sometimes it's like the last post, pulling names out of a hat... it's so discouraging and frustrating. I'm not sure what people do without a family or friends or loved ones who watch your back until you can get help. I mean, what would someone do that has no one to help and it takes up to three or more years sometimes to approve and that person can't get a job... what on earth do they do?? Live out in a ditch somewhere, homeless?? It's a sad world we live in that we can't get help from the government that most all of us have worked under for years and have no control over what is happening to our
    bodies.

    Another question that I cannot wish but wonder about is the "back pay" or retroactive pay and how far they usually go back and if anyone with FM/CFS has ever even been granted retroactive payments.

    Ok, enough negative from me, sorry just had to get some of that off my chest... it really upsets me, can you tell? LOL

    Thanks again, you all uplift me more than you know as I lurk around more than I post. God bless you all with pain-free moments and hope everyone can find relief today.

    Cyndi :)

    PS The question about about my doctor's letter... yes he did a letter and so did my last employer... so I'm hoping this may be the reason it may not go to court... I mean, what else could they possibly need to prove my illness other than my medical records, the consistent time that I've been unable to work, the amount of years that I DID work and I'm in my 40's and just finding myself in a bad situation a little more than a couple years ago. *SIGH*!!
  5. poodlemommy

    poodlemommy New Member

    yes I did get 2 years of back pay. I had fibromyalgia while working but a car accident Feb 2002 made it worse so I stopped working as of that date. So disability used that date at my back pay date.
    poodlemum
  6. debswen5

    debswen5 New Member

    For back pay, they determine the date of disability, and add 6 months. It is from that date that you will receive disability for.
  7. Cyndi40

    Cyndi40 New Member

    One more question.. I think I read that disability is like $700 or something like that, per month... so back pay, you mean they will pay the full $700 per month x 2 years or however long a person has had their application in? I mean, that could be for some people, waiting more than 2 or 3 years, in excess of like $18,000.00 plus? Am I on the same page here or am I in a fog and totally misunderstanding? Wow!!... I can only hope and pray for that... (of course my attorneys will get 25%, but still!)...I'm glad they make it right, though, by offering the back pay. I have been so afraid it will linger out another couple of years... I'm afraid I'll lose my mind if that is the case :( I just pray for healing. I bet most of you are like me and have worked and always paid taxes... Here I go again, unloading... I will stop now before I get carried away again LOL... thanks for all your help. You all are the greatest!!

    PS.. I was on a disbility site awhile back to ask a question, and because I added "God bless" at the end of my post, they declined it. I'm so thankful that I can say God bless to you all... you don't know me, yet you offer me help, you respond, you offer to pray, you let me lurk around and read your postings... it means a lot to me! Thanks you to all of you.
  8. debswen5

    debswen5 New Member

    online Social Security Handbook:
    http://www.ssa.gov/OP_Home/handbook/handbook.html
    The law provides that, under the SSD program, disability benefits for you cannot begin for 5 months ( I said 6 months by mistake) after the established onset of the disability. The 5-month waiting period does not apply if you are a disabled child (under age 22) of an eligible SSD recipient.
    The maximum fee amount an attorney or representative can receive, however, regardless of how much the Claimant receives in past due benefits, is $5,300.00. And yes, the first check you receive will be a substantial amount of money if you've been waiting for a few years for approval.
    You can find everything you need to know in the online handbook...link at top of this post.
    [This Message was Edited on 01/18/2006]
  9. hopeless3

    hopeless3 New Member

    After i was Diag. I was told to wait a bit b/4 filing for disability. I finally applied...waited...waited and waited knowing that 99% of the time you get denied the 1st time. I had serveral medical reports and information from numerous doctors which I was told to collect because the more info you have the easier it is. In my case I was so severe that I didn't have to even ask the Doc's for the info they knew I'd get accepted sooner or later. I went thru the normal slow process, I was sent to a S.S. disability Doc for evaluation and when I left his office I really didn't have a good feeling. They really put you thru the wringer you might say.

    I finally received my denial papers, which seemed like it took a lifetime. I was then advised by a couple good friends one a Social Worker the other a RN to get a S.S. Dis. Lawyer, especially since I was not capable of dealing with any of the paperwork ect. I looked in the phone book for a disability lawyer. I never had to even meet with this lawyer everything was handled over the phone. He said he would do everything and I didn't have to worry about anything. If I got accepted I would owe a percentage of my back pay, if he couldn't get me accepted I owed him nothing except any minor costs of records he might have to pay for.

    I don't believe that it was too long after I got the lawyer that I checked my bank on-line like I do as often as I'm able and I had a nice amount of money deposited in my checking accout but still was not officially told I had been accepted.

    I called my lawyer and he said that he had just received the information and that I was accepted and I told him I figured I was because of the money in my account. The lawyer sent me a bill for $4300 which was the percentage we agreed on based on my backpay.

    My lawyer was terrific and he said it really helped that I had so much documentation from numerous doc's. Also to my surprise I found out that the Doc that did my S.S. disability evaluation actually ruled in favor of me getting disability.

    If I had known this I probably could have saved money by just filing an appeal but for me it was worth paying the lawyer because I just couldn't deal with anything especially all the paper work involved.

    I know this dosen't help answer your question but if you have a lawyer you shouldn't have to do anything else he should do everything for you.

    It's been about 4 years and I would give anything to be able to work again. I was raised on a farm in WI which meant you worked long and hard. I feel embarrassed about being on S.S. Dis. so I don't tell many people. The ones I told said I shouldn't be embarrased because I worked long and hard for years and in my condition I'm entitled to it.

    I wish you lots of luck and don't give up you will get accepted eventually.

    You will be in my prayers and may God Bless you always.

    Nancy

  10. Cyndi40

    Cyndi40 New Member

    Wow, Nancy, Deb and all of you all , thanks so much for your posts... it does help to hear these things, at least it give me hope. Today, especially tonight, the pain is so bad and nothing seems to be knocking it out, so hoping I will just knock out soon and sleep it off, if possible. You guys are great. I really appreciate you taking the time to post!
    God bless, luv,
    Cyndi
  11. poodlemommy

    poodlemommy New Member

    Your on the right track. I got over $24,000 back pay. Now I then got hit with tax on it. Im from Canada so dont know how it works in US. I get over $900 a month and I have no dependants. Again dont know if it differs from U.S. It sure helps to get that lump sum when youve been struggling for the past few years. good luck
    poodlemum

[ advertisement ]