How many of you have actually won SS disability cases?

Discussion in 'Fibromyalgia Main Forum' started by LouiseK, May 11, 2006.

  1. LouiseK

    LouiseK New Member

    Hi all,

    Is it even possible to obtain disability from SS for CFS/FM?

    I'm newish to the site and I see stories about applying and appeals, etc. etc. but very little about actual awards.

    Desperate for information.

    Thank you.

    LouiseK
  2. LdyM

    LdyM New Member

    I finally won my SSDI case for CFIDS in 1996, but it took two and a half years and $5,000 in attorney fees to do it.

    If I had it to do over again, I would skip trying to do it myself and just hire the lawyer from the get go. I did get paid retroactively, but it was difficult to survive without it for those two and a half years.

    ***LdyM
  3. lin123

    lin123 New Member

    I just won my Fully Favorable yesterday. Judge would only do a Bench Decision if I would give up 1 1/2 years of backpay. She did award me 5 months SSI and 7 months SSD. I didn't think this was fair. The Judge said I know you have been disabled all this time but this is all I can offer. By the time my Attorney takes his fee out there won't be anything left. Judge promised me since she was doing this that she would write it up today and I would recieve my first check in 45 days.
    I lost about 30,000 dollars in backpay. I had no choice but to take her offer cause I had been living on child support all this time. Judge said this was the first time she ever did a Bench Decision. My Attorney said she was a very tough Judge and hardly ever approves anyone.
  4. deb06

    deb06 New Member

    I did after 4 years and 2 cases for fibromyalgia. It was when I went after the anxiety and depression aspects of this disease that I was successful.deb
  5. LouiseK

    LouiseK New Member

    Hi all,

    Thanks for your responses. I'm not *really* encouraged though as it doesn't look like many awards for CFS and/or FM per se.

    May I ask what did you all stress -- cognitive issues, fatigue, too much pain to sit at a desk . . .what did you say kept you from working?

    Another question -- I thought *depression* was a big no-no because that's REALLY hard to prove. I have been desperately needing counseling with all this going on but won't go because I'm afraid it will somehow muddy the waters.

    Advice?

    Many thanks.

    LouiseK
  6. sherri_baby

    sherri_baby New Member

    Congratulations LIN on winning your case yesterday.

    God bless,
    Sherri
  7. scruffysmom

    scruffysmom New Member

    Hi Louise:
    I don't know how long you have been fighting the fight of getting ssd, but it is a long haul. I tried once after I couldn't work anymore in l998, but no attorney's around here wanted to take the case. At that time, fms was not recognized by the ssd rules and regs. I was turned down 3 times and then tried to get an attorney. Guess I got ahead of myself. So, I quit trying and just got worse with my life changing completely. I went from 2 jobs to nothing. We lost our business cause I couldn't do my part, plus I am an RN and worked full time too.
    I moved to Tn in 2001 and checked with this website looking for an attorney who has actually won cases and knew all the up to date info on fms. I was referred to one, and he was wonderful. He actually has won cases and was great. He said that fms is now recognized as a disease by the ssd rules and regs and it was easier to get it . So we started all over again. It took over a year, but we kept at it and I finally won my ssd in 2004 after being dx'd in l996.
    So, it is possible to win now a days. But it is a very long frustrating process. The most important thing for me was a good attorney and an independent physical disabilities examination which I paid $650.00 for but was worth every penny. That exam made all the difference to the judge.
    I hope you get your ssd. It does not make up for all we've lost, but the money helps validate it somehow.
    sincerely,
    ruth
  8. 69mach1

    69mach1 New Member

    i am in awe what that flipping judge did to you...it almost sounds like my first judge did to me...i had to except that i was ablt to go back to work...then the case was closed....

    then i could reapply in two months..started the process allover...so that timte i won at the inital phase...

    i'm dealig with them saying i owe all of this back money back...

    jodie
  9. borntired

    borntired New Member

    How did you find out about an Independent Disability Exam? Do you think that your age may have also been a factor?

    Thanks,
    Borntired in 1945
  10. Fibrolady37

    Fibrolady37 New Member

    sure is but it takes a long time & its extremely stressful.
    Fibrolady37.
  11. oholland

    oholland New Member

    you're older. I was in my late fifties when I filed and I had an advocate. Not an attorney but a SS advocate who can argue my case with with SS and before the court if it had come to that.

    I used Cardon Health and was denied the first time and approved on appeal. All stated it took me about 11 months from start to finish.

    My advocate was wonderful.
    Olivia
  12. achy

    achy New Member

    But...judge did not award it for FM and said he would NOT award on FM alone until CDC came up with diag. testing. Too subjective he said....

    But he did give it for bulging disks, Deg. Disk Disease, FM, CFIDS, and asthma cobined.

    And I was only 42.

    Try...all tthey can do is say no. Doesn't cost anything too try, other than lost income if you quit job that is

    good luck
    achy
  13. lv2sing

    lv2sing New Member

    I have fibro, Sjogrens Syndrome, OA, Interstitial Cystitis,2 failed back surgeries & a collapsed disc where they did last surgery at. I had 5? written letters from my doctors. My judge said he actually researched my conditions (I believe the fibro & Sjogrens). He said he couldn't believe everything it caused. He asked about meds- in return I gave him a list of approx. 12 medications that cause fatigue, tiredness, lack of concentration, etc, plus 3 narcotic pain meds. He approved me in the room, no waiting for a decision. We were in & out in like 15 minutes. Don't give up! The more of us that try & win, the better we will be heard. I know it's a long & tedious road! I had a great judge, very sympathetic. I know they aren't all that way. My attorney never even had to open her mouth. As far as the one girl that replied (I can't remember her name, that the judge gave her a bench decision, but took the back pay, I do not believe that is legal! I've never heard of such a thing. You are entitled to that $. Just because you got your decision that day should not make you get less of an amount. I won, & got all of mine. Maybe it varies by state, but I sure have never heard about that being legal. I would do some investigating I think! The first place to start would be w/ Social Security). Also, do not hire a disability doctor. They work for the state, & are paid to prove that you can do something. If Social Security demands it, let them make the appt, that way they have to pay for it, not you. I had an attorney (Social Security one), & she waited till the court had all my paperwork, then petitioned to get copies of everything they had in my file. That way, all the $ you put out is for the cost of the copies, which is like 10cents a copy. I only paid like $8 in copying fees. My lawyer got like $5000 off my case from 2 1/2 yrs of backpay. Don't give up, & good luck! It was worth it to me for her to get a % just so I had a monthly check coming in again. It only took me 4 weeks to get the backpay, and around 6 weeks to start getting monthly checks & my medicare card . (However you won't get a medicare card till you have been without work for 2 years. However, there are some people petitioning the courts to make that happen as soon as you win your case. Which is only fair. Especially for those that have no other insurance. Luckily, Medicare is my secondary. I'm covered under my husbands plan. Thank goodness, since I take so many meds. Sorry to write a book, just some things to think about. HUGS & good luck!
  14. RONDAROO

    RONDAROO New Member

    I FINALLY WON MY SSD CASE AFTER 2 YEARS HOWEVER WAS FOR THE DEPRESSION PART NOT THE FMS AS IM MANY OF OTHER CASES FMS IS NOT A REALITY
  15. JonesieL

    JonesieL New Member

    Yes I won after two denials. I got a lawyer but before the lawyer got involved I won the case on my own so I did not have to pay any money. The check did go to the lawyer but he gave me back all the money. Your paper work has to be very detailed and long. List every single symptom you have or had and every medication you have taken. The doctor must state that you cannot sit or stand for long periods, have cognitive problems and cannot return to your old job. Go to the CDC website and they will give you tips. Also to www.cfids.org. State what is on their websites and you should win at some point.

    Linda