Need info on beginning a Disability claim

Discussion in 'Fibromyalgia Main Forum' started by azcactuslil, Aug 3, 2003.

  1. azcactuslil

    azcactuslil New Member

    I am seriously thinking of filing for disability but I have some questions that I know of you guys will know the answers to.

    1. How do they determine how much you get? I have been told that they tak 66% of your last salary. How long do you have to be making that salary?

    2. Is it better to hire a lawyer to help you at the beginning or wait until you are denied?

    3. If you choose to hire a lawyer, how do you pay them? No work means no money. I read the info. on the disability section of the website. Is it limited to $4000? How far do they go back when determining back payment?

    4. How long does it actually take?

    Cactus
  2. Dara

    Dara New Member

    of your questions, then read the post to you from skeesix, she said almost the same thing I was going to.

    I just recently received my SSD and LTD, about two months ago. I originally filed in Feb of 2002 and received my award letter the end of April 2003. I was denied twice and then had my lawyer request that the ALJ determine my case from my medical records, no hearing.

    Also, what helps is if you are what they consider "advanced age". I was 55 when I applied and 56 when I was approved and I am considered in the "advanced age" group. Hopefully you have a good doctor who will substantiate your claim and will complete all the medical forms in your favor.

    If you have any more questions I'm sure someone will have the answers. There are many on here who have just recently been approved for their disability. Good luck to you.

    Dara
  3. Dara

    Dara New Member

    differ by State, but i wouldn't think so since it is a federal plan. First of all, when you hire a lawyer for SSD on a contingency he is only allowed to charge up to a certain amount, like Skeesix posted. If you lose, you do not owe the attorney any money.

    Also, you do not have to be off of work for a year. If you do get approved you will start getting benefits 5 months after the last day you worked, or five months after the day that the ALJ determines your disability started. This is what they call the waiting period. So, don't think that you can not start filing papers for a year. In fact, my advice would be to get the paper work started as soon as possible.

    The social security office sends out a estimate of benefits to everyone each year, after you reach a certain age, that is. On that form, it tells what you would get if you qualified for disability. Of course, each year that amount goes up. As soon as you fine they will mail you a new estimate of benefits.

    I hope this helps.

    Dara
  4. azcactuslil

    azcactuslil New Member

    Wow, you guys have been great. Yes, I did mean SSDI. I don't have any employer sponsered disabilty insurance. I'm going to call the SS office and see what the benefits are and if I have to be off work a certain time. Frankly, If I have to be not working a year and then go through all the hoops, I would starve to death before then. (great diet, huh). Will check it out though.

    Thanks for the help,
    Cactus
  5. Cactuslil

    Cactuslil New Member

    I saw a message above, referring to me as Lil'.... that is not uncommon as I have been on here since Sept. 2001. I hope those members do not get us confused!!

    Thankfully I've been through the system. First to the respondant who stated ....lose and you owe the atty 4K; that is not true. You owe nada if you do not prevail; the amt. they get is a % of your win not to EXCEED that fee, which formerly was 4K. My atty was so riled in my case she charged me no fee; unless she does now that it has reached the "civil suit" level.

    The beginning date of any continued eligibility under SSDIB is from the last date you worked through a certain length of time; I was stunned at the length of time allowable.

    My case on the DIB hinged on did I or did I not, have this ailment, or rather symtomology preventing gainful employment within that time frame; outside of that time frame it is mox-nix (r. hand numb having a devil of a time with it!). Also important is "age of decline", which when I started my claim was considered to be 50. I am now 53.

    I had not done my homework (unusual) so when I had the telephone interview (#1) I was completely knocked off my feet when the SS worker asked date of first symptom! I just picked a random no. from the air (idiot-time). Unbelievably the date I plucked was allowable for SSDIB by only a day!

    I could go on but alas, it is in the archives if your interested, it is now I guess 6-years later; I represented myself to my detriment; filed appeal and ran like Little Red Riding Hood to an FMS/CPS atty, friend of the SS Court. By this time, two years ago atleast, my savings was history as was my food storage; so I filed SSI and prevailed. Financially, due to rx and hosp. exp. I faired better than had I prevailed in the SSDIB. My atty was so angry at the injustice metted me, she did not even collect from the SSI.

    KEEP YOUR EYE ON THE US CONGRESS/SENATE. They are trying to screw us further regarding healthcare and if you live in Texas it is bad enough!! CactusLil'
  6. azcactuslil

    azcactuslil New Member

    What a Kick!! What are the chances of two people coming up with the same name on this board? I see you are from Texas. I am a AZ and use spell mine cactuslill. After this thread of posts ends I will change my name to azcactuslil. That way no one will be confused. I will post a notice when I do it.


    Cactus
  7. azcactuslil

    azcactuslil New Member

    I appreciate all the info you have given me and am going to follow up on it. I wasn't aware that there were two of us either. After this thread is done I will change my "handle". Will post the change when I do it.

    I am honored to share such a great name.

    Cactuslill