PLEASE ANSWER ASAP.-TIME IS RUNNING OUT

Discussion in 'Fibromyalgia Main Forum' started by DVoit, Aug 23, 2005.

  1. DVoit

    DVoit New Member

    Thanks for your replies. If I appeal now and get turned down, what do I do then. The appeal papers ask "what is new since you were initiallt denied". Well nothing is new. I only have a couple of weeks to turn in the appeal and my therapist already said she wouldn't write a letter for me. SSA has my rheumatologist and another doctor and they turned me down. My internist I am seeing now said she didn't get a request for any info on my behalf. Her office told me today that I couldn't get my records. If I did I would have to pay for them which would be a lot. I asked if I could see them and they sai NO.

    I am working part time in the evening. Can I get SSD if I am working at all? It probably looks like since I am working I can. I just don't have any income and have bills.

    I just don't know what to do.

    Again, nothing about me is really worse since I was denied. Also, I don't have any documents supporting me.

    D
    [This Message was Edited on 08/23/2005]
  2. jaltair

    jaltair New Member

    Normally a URL isn't allowed; however, I think in your case there may be an exception. I am referring you to http://www.hhs.gov/ocr/hipaa/. This URL belongs to a government agency that will help you find information as to your rights to obtain your medical information. The HIPAA law is fairly new. It guarantees the right to an individual to view and obtain their medical records from their doctor. However, the doctor does have a right to request reasonable reimbursement for copying the records. I believe that disability claim process requires the doctor to fill forms and at times obtain records. Records are sent to disability without cost.

    If you need copies, you can get those . . but at your expense. If you need to view your medical record, you can, except for circumstances surrounding psychiatric or mental health records where it may do the patient harm.

    NOW - For the answer to work or not to work ..

    For purposes of entitlement to disabled worker's benefits, disability is defined by Social Security as:

    "The inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months. A person must not only be unable to do his or her previous work but cannot, considering age, education, and work experience, engage in any other kind of substantial gainful work which exists in the national economy."

    In other words, you must have a medical and/or mental health problem which keeps you from working for at least a year or is expected to result in death.

    Added: If you haven't done so, it would be good to get a lawyer to help you obtain disability.[This Message was Edited on 08/23/2005]
  3. elsa

    elsa New Member



    I wish I could help. I don't know anything about disability cases. I just wanted to let you know I was thinking of you.

    Wishing you positive thoughts,

    Good luck,

    Elsa
  4. Jeanne-in-Canada

    Jeanne-in-Canada New Member

    You may want to consider ditching that useless therapist. I don't know if she's been any good in appts., but she is your goshdarn therapist, she should be in your corner, you know emotional support, what therapists are supposed to be about.

    Also, that's extortion to charge large fees for you to get your own med. files. And you do have a right to see them. Maybe it's different where you are, but I wouldn't put up w/ it. They can charge a fee for photocopying to give you copies of your file, but that should be it.

    What's new to tell them, STRESS STRESS MORE STRESS.


    Jeanne
  5. DVoit

    DVoit New Member

    for caring. All this is so hard for me somehow.

    d
  6. DVoit

    DVoit New Member

    if I have been working 18 to 20 hours a week at $8.50 an hour for a few months do you think I should not appeal. I don't know how to live if I don't try to get someplace to get money to pay for the most necessary things. How did any of the others not work at all. I guess you had a husband, maybe. I don't.

    Should I drop my appeal and wait to see what the next 6 months brings then apply again if I get worse?
  7. DVoit

    DVoit New Member

    if I have been working 18 to 20 hours a week at $8.50 an hour for a few months do you think I should not appeal. I don't know how to live if I don't try to get someplace to get money to pay for the most necessary things. How did any of the others not work at all. I guess you had a husband, maybe. I don't.

    Should I drop my appeal and wait to see what the next 6 months brings then apply again if I get worse?
  8. Jeanne-in-Canada

    Jeanne-in-Canada New Member

    but I do have a fiance now, that was dying to marry me yesterday. He's only known me w/ FM, so doesn't know there was once a better version of me, hah. I"ve had disability for a few years again, and w/ 2nd much larger income, I'm now in a very good place.

    It wasn't always this way though. I struggled on welfare, unable to work, had to drag groceries home adn walk when i could barely crawl because I am too chemically sensitive to access public transpo anymore (deisel, perfumes, etc). I went through years of living hell while they tortured me w/ appeals. I could go on and on, but I'm sure you have your own horror stories you've had to live.

    Yes, I do care. I don't know how I made it. But God always made sure I did. It's hard to believe what I fenagled myself back then. I called companies to complain or praise products, esp. if they helped or worsened my chemical sensitivies. I got as much as $20 in food coupons from McCains for praising their International Thincrust Pizzas. Companies tend to be more generous when you say nice stuff. Many other coupons, free products.

    Friends helped, drove me, gave or lent me money, gave me food, made sure I had essential supplements. Docs gave me discounts. Even my welfare worker liked and sympathized w/ me (she ws also christian, not that its a passport to compassion). I believe God moved her to help me in many ways, I ended up w/ $200 in extra medical/transpo benefits (because I couldn't take buses, I got cash for transpo) and was on medical status, so didn't have to do jobsearch or their little info sessions (because of chemical sensitivity).

    I actually found $100 in a mud puddle once, and $35 at a gas station. It got so I stopped worrying and just thought, "I wonder how God is going to pull it off this mth?"

    Your income is not enough to live off of, esp. if you hope to get medical and/or natural treatment to get better. If you have special food or bottled water needs, tell them. If you go downhill w/out essential supplements as I do, tell them, any special products you need like for allergies/MCS, tell them. Being sick is expensive, hammer it home to them. I know a number of people who work on disability, but could never support themselves, esp. w/ their medical costs. They often appreciate someone who is trying, it depends.

    Good luck, I wouldn't give up.


    Jeanne
  9. 69mach1

    69mach1 New Member

    i have been in your shoes about three years ago.

    i filed for ssdi 3/02 and won my closed case on 7/04.

    i wasn't getting child support and my rent was and is $1,245/00 a month for 2 bed. apt. here in california. nothering extravcant. just the going rent.

    i was ready to pack and move to michigan, but my son who was 12 yrs, said he didn't want to go, and his father lives in san jose, cali. jsut alot of stress for me.

    welfare paid me 548$ cash a month and food stamp.
    i had to find charities and churches. it was not fun.

    theni had a boyfriend w/drinking problem offer to help out so i wouldn't move, plus i was going through a divorce.

    anyways i took the money knowing his problem. did like it but did it. and with the grace of god he cheated on me and left. so i din't have to worry about me dumping him and saying i used him for the money.

    well, i did contact an attorney here in california tld her my financial woes. she said if i had to get a job we will deal with it if the judge asks. well i got a job, that lastyed for 4 days i got let go because i couldn't mulit-task, i did a few other jobs month here and there/

    judge never asked about it at the hearing but there is some sort of a trial period about 9 months that maybe you could say you were trying but you had to go off because of your medical issues.

    well i'm running out of my back pay of ssdi and i worry all the time that child support is going to stop. luckily the ex-husband really understands my financial situation so hopefully he will be able to continue to provide it. but if he get laid off or disabled i am up a creek.

    my sdi(state disablilty in california), will be running out in the end of december. so i'm not sure what i will do.

    i have currently had to reapply for ssdi back in february/05, because how my ssdi award was set up as a closed case and i couldn't formerly sign up for the ticket to work program or something else. so i had to start my case all ver from scratch. i pry that someone is looking over me concerning my ssdi application.

    so i have figured if i need to put some food on the table and pay rent i will not have any other option. or maybe i will get better so i can work and persue the things i wished i could do again.

    suggestion is just to call an attorney office, they will give you free advice just tell them you situation.

    and also check out charities and churches, welfare office for help with rent and electical bill.

    hugs,

    jodie
  10. 69mach1

    69mach1 New Member

    as far as documents supporting your case from doctors. jsut ask if your doctotrs could write a letter supporting your medical condition and that you will not be able to work a fulltime job for at least 12-18 months.

    my doctor that i had she was my primary, she even stated somewhere in my charts that she did not beleive that i was disabled. and ssdi saw thatbut they still put in the award letter that they considered my disabled.

    bluerose put out a post on new claimants for ssi w/ get info.

    i wished i came upon this site years ago. i sitll have things i need to do such as get a copy of my records.

    hugs and call an attorney pronoto

    jodie

    t.
  11. 69mach1

    69mach1 New Member

    hi,

    just a little more info for you i saw this a couple of other days ago, becasue i feel i'm going to be in the same boat as you. again!

    read it and what i comprehended you have 9 months trial period of working. and also if you work under 90 days and can't make you job due to disabilty it won't count against you for the trial period.

    so maybe you can still continue working and i think i comprehended if you are making under 830.oo a month before taxes it isn't considered sga, income.

    i hope this helps you and i still say call an attorney to help you w/your case no money up front and they can advise you as well.

    i think i will be putting that on my to do list as well for the same question. even though i have read this and e even thouhg i had gone through this previaously before. i just over analyze everything in life. my anxiety.

    good luck and stay in touch let me know what you decied to do.

    i say keep filing your appeal!

    jodie
  12. Sunrise2780

    Sunrise2780 New Member

    There's a site known as "The Social Security Coalition". Do a google search. Tons of info, support, etc.
    Sunrise
  13. 69mach1

    69mach1 New Member

    well i'm in the sam bout your are now. i just called earlier on my state temporary disability. well it ran dry for less thani though . they said since i only worked for 6 months out of the year or 18 months i only get it it for 6 months,.

    well we'll see wha thappens
  14. 69mach1

    69mach1 New Member

  15. mbofov

    mbofov Active Member

    You have some legal questions and it's really best not to rely on this board for what you should do and how your working may or may not affect your claim.

    Disability attorneys only get paid if you win so it should not cost you anything.

    I was denied the first time around, I saw an attorney who told me to file an appeal on my own and if I was denied again, he would help me. But I didn't have the issue of working that you do.

    One very important thing the attorney told me was to write on the appeal that I could not work because ___________ (fill in the blank - too exhausted, sick, whatever)

    Even though they knew all that, had to write it again. It wasn't new, nothing was worse, but I had to tell them again. Remember, they deny almost everyone the first time around no matter what their condition.

    Also, on your appeal state that you have an internist, Joe Blow, M.D., and that SS does not have his records and that they need to get them. Put it in writing. It would actually be best that you get the records yourself and then make sure they get to your caseworker, once the appeal is filed.

    And if you get an attorney, they can help you with all of this. And if you get an attorney, maybe they can get your therapist to write a letter. It really sounds like you need some help, and that's what the attorney should do.

    And if need be, if you don't have time to get an attorney, then file the appeal the best you can and then get an attorney who can always file new things to supplement your appeal. and KEEP COPIES OF EVERYTHING that you file. SS is notorious for losing documents.

    Mary

  16. Fibrolady37

    Fibrolady37 New Member



    right firstly in uk our system isnt quite the same as yours in usa.
    I applied for disability & i got it i got very low rate of care component.
    I kept goin back to my doctor because he knew i had gone a lot worse as i did.
    I applied to try to get more money & i won i got the middle rate care component which was great i was actually entitled to it.
    Ive rapidly gone down hill every day & i was dx with another illness in march 04 so i got in touch with the disability people to tell them & they stopped all my money.
    Ive always hoped i could get money for not being able to walk without severe pain & discomfort which is the criteria.
    I appealed which is what you all should do & i had to go to a tribunal i got welfare rights to prepare my case & i won im over the moon.
    I now get the highest amount anyone can get which is what i should have got rite from the start.
    You go for it i really hope you win were all here for you ok good luck & may god bless you & yours.
    fibrolady37.