Question about SSDI/SSI call

Discussion in 'Fibromyalgia Main Forum' started by netnut, May 3, 2007.

  1. netnut

    netnut New Member

    I applied for SSDI back in ...well I cant remember exactly. I know I applied one time in 2002 or 03 but was denied and I tried to find a job like they said I could. Yes I was stupid but I didnt know enough about disability and the letters to know to appeal.

    I believed the letter and was crushed when they said I was able to work and that maybe I should believe them so I tried desperately to find some sort of job in my area that I could do. I searched for over a year to find this job but of course it wasnt to be found.

    I then reapplied for disability. This time I knew to fight till the bitter end. The last time I worked was in 2001. When I did my application it was for SSDI but the man also did an application for SSI in case I met the qualifications for that program as well. I almost immediately got a denial letter for SSI based on resources because of vehicles that were listed in my name that had been junked but the titles were still listed in DMV.

    Then I languished for the next 2 years or so waiting thru the denials and appeals for my hearing with the ALJ. My hearing is on May 11. Next friday.

    I got a call from Social Security today asking me some questions. They said that they were going through my file and needed to update my SSI application because it needed to be reopened. They said the vehicles shouldnt have been counted against me and that I should have been eligible for SSI from 2005. ???

    Then the man asked me...when is your hearing date? I told him.

    Does this sound like they know something I dont? Like I am being approved?

    And exactly what happens if you are eligible for SSI for part of the time but SSDI for other parts and can you be for both or what...Im so confused.
  2. netnut

    netnut New Member

    bumping for help
  3. tandy

    tandy New Member

    for you :)

    someone must know here???

    I'm not sure,.. but wanted this back on page one.
  4. obrnlc

    obrnlc New Member

    hi net nut,
    sorry i can't help, but it does sound like at least they are paying attention to your problem.

    whether you will get a very polite "whoops, we goofed" or a back payment, tho, i can't help but will try to help keep this on page one.

    i hope it is good news for you.
    do you have an attorney for the hearing?
    good luck with hearing, i was a basket case for mine, and if i can give you any pointers, let me know.
    BEST advice-have an attorney!

    there is a program at with some real good advice, you are able to ask an attorney a question (email) and check out the archived radio programs, very informative before the hearing.
    GOOD LUCK!!!!--L
  5. netnut

    netnut New Member

    I do have a lawyer and it is like rushed madness right now as everyone is attempting to get all the ducks in a row.

    I am a bit PO'ed right now because I just found out from my shrinks office that when my records were requested that they do not send in treatment notes. OMG! To me those are the most important parts of my care. I see my therapist there and her notes are the crucial parts of my treatment. They only send in what they call psych evals and the fact that I attend all therapy sessions and med reviews. Hello?

    I dont even consider what my shrink does as psych evals but I guess that is neither here nor there.

    I wanted my therapists notes included. She knows me better than anyone. At least she had input into my functional assessment.

    I cant even hand deliver a copy of those notes because it is against the law for a patient to get a copy of their own psych records. You can have any other medical records...just not psych records. Blah.
  6. obrnlc

    obrnlc New Member

    hi--if it helps you feel any better, mine sent the actual records and my lawyer was unhappy with that, since their was alot of personal stuff and alot of financial concern noted (after 4 yrs who wouldn't be depressed over finances???)
    lawyer felt evals and stuff like you said (diff. page) would have been better! when i mentioned this to shrink, he agreed that summary notes might have been better than actual notes.
    it was my shrink evals and forms that got my approval, by the way.
    good luck-
    hope it works out for you!--L
  7. suzette1954

    suzette1954 New Member

    I got my SSDI in Nov. I couldnt believe it was finally over. I cant file for SSI because my husband works and with my disablity and our home and cars, I dont qualify but thats ok.

    Ive learned to be thrifty and found that we can live on alot less than I ever thought. Let us know what happens and I will keep you in my prayers!

  8. jole

    jole Member

    The only thing I know is SSI goes by how much income you have, and yes! You CAN get SSI and SSDI at the same time for the same period of time.

    Can't answer anything else. Good luck to you!
  9. crystal72

    crystal72 New Member

    Who in the world told you that you don't have a right to your psych records as well as your other records? It is a federal law called HIPAA and it was decided by the states that you have the right to inspect and even have a copy of your psych records as well as ALL of your medical records.

    You do want to know what the SOB's are saying about you before it goes to someone else, don't you? These laws are for your protection.

    I too have a psychiatrist that is giving my attorney a hard time over this issue. This man is old and stubborn, but the truth will eventually prevail.

    I have seen two other a psychoneurologist who examined me for my SSDI claim and another when I had to test for the police academy (I am a nurse, but because my son and husband both have been police officers at one time, I took the classes for fun...I can outshoot both of

    But it is a federal law backed by state law that you have this right. Below are excerpts of these laws explaining these rights.

    Best of luck,

    Always forgive your enemies, nothing annoys them more,
    Oscar Wilde

    HIPAA Compliance:
    A Complicated Interplay of Federal Rule and State Laws

    Sifting through the complex language and ambiguity of a federal law or regulation in order to understand what is required for compliance is a very complicated process. That process becomes even more challenging when the regulation interacts with a host of other laws and statutes.

    Such is the case with the federal Privacy Rule stemming from the Health Insurance Portability and Accountability Act (HIPAA) of 1996. The Privacy Rule establishes patients’ rights and requires that health professionals implement various policies and procedures regarding the use of and access to health care information. Practicing psychologists face a Privacy Rule compliance deadline of April 14, 2003.

    Psychology leaders emphasize that the Privacy Rule cannot be considered in a vacuum when it comes to determining what the regulation requires. Complying with HIPAA necessitates comparing provisions of the Privacy Rule with related state laws, statutes, and common law decisions pertaining to health care delivery. The Privacy Rule requires a complex and extensive analysis to determine which provisions of relevant law – whether federal or state -- take precedence.

    That is because the HIPAA Privacy Rule establishes a “floor” in creating a minimum level of privacy for the protection of health care information. Generally speaking, a provision of law is considered more protective of health consumers if it results in less information being released to insurance companies and other third parties, or if it gives patients greater access to their health care information.

    Provisions of state law that are stricter in protecting a patient’s health information take precedence over related provisions of the HIPAA Privacy Rule– that is, the state provisions are not preempted by HIPAA. State laws that are either contrary to or not as strict as the HIPAA Privacy Rule in protecting a patient’s health information are preempted.

    The APA Practice Organization and the APA Insurance Trust have spent many hours over the past year doing a state-by-state preemption analysis specifically related to psychology practice. The work has involved contacting entities on the state level such as psychology licensing boards, state attorney generals’ offices, outside counsel for state and provincial psychological associations, and others for help in sorting through the complexities of state laws and statutes.

    A number of factors contribute to the complexity of a state preemption analysis. The U.S. Department of Health and Human Services has published hundreds of pages of “guidance” governing the interpretation and application of the Rule. Figuring out what parts of the Privacy Rule apply to solo and small psychology group practices, and how the Rule applies, is tricky; much of the guidance provided by HHS was designed for large health facilities and medical professionals.

    Practitioners need to make sure they do not overlook pertinent state-level requirements in instances where HIPAA imposes no related federal requirement. For example, virtually all states require general patient consent or authorization for the release of protected health information, even though the HIPAA Privacy Rule was stripped of requirements pertaining to general patient consent.

    The results of a state preemption analysis must be incorporated into designated materials for patients. For example, in order to comply with the HIPAA Privacy Rule, the applicable findings from the preemption analysis must be reflected in the required Notice and other forms that health professionals must provide to their patients.

    Doing the necessary preemption analysis is a long-term and ongoing process, not a discrete task. There is no provision in HIPAA that prevents states from enacting new and/or more stringent laws regarding patient record privacy. That suggests that continued HIPAA compliance would require consideration and review of changes in applicable state law, along with appropriate changes in policies and procedures governing patient record protection.

    The APA Practice Organization and the APA Insurance Trust have developed a HIPAA Privacy Rule compliance tool designed specifically for practicing psychologists. Practitioners may learn more about the product, known as HIPAA for Psychologists, online at or at

    © Copyright 2003 APA Practice Organization and APA Insurance Trust

    and also

    CAPS Patient's Rights Related to HIPAA and Protected Health Information (PHI):
    Right to Request Restrictions – You have the right to request restrictions on certain uses and disclosures of protected health information. However, CAPS is not required to agree to the restriction that you request if we conclude that it would hinder the appropriate care that we can provide you. For example, if you are receiving medication from a family physician or psychiatrist, and you request that we restrict or not contact them, we may conclude that it would interfere with appropriate and effective treatment. If these issues arise your CAPS therapist will discuss these matters.

    Right to Inspect and Copy – You have the right to inspect or obtain a copy (or both) of Protected Health Information contained in the CAPS psychological records that are used to make decisions about your treatment for as long as the PHI is maintained in the record. CAPS may deny your request to inspect and copy in certain circumstances as defined by law. For example if it is determined that your psychological well-being is fragile or will be negatively affected, a denial or delay in pursuing this request may occur. If you are denied access to your health information, you may request that the denial be reviewed. On your request, CAPS will discuss with you the details of the request process.

    Right to Amend – You have the right to request an amendment of Protected Health Information for as long as the PHI is maintained in the record. Your written request must include the reason or reasons that support your request. CAPS has the option of denying your request for an amendment if we determine that the record that is the subject of the request was not created by CAPS, is not available for inspection as specified by law, or is accurate and complete. On your request, CAPS will discuss with you the details of the amendment process.

    Right to an Accounting – You generally have the right to receive an accounting of disclosures that occur regarding your Protected Health information PHI. For example if we consult with the Health Center physician or nurse practitioner in regards to your medication or related health issues we will note that contact in your records. At your request, CAPS will discuss with you the details of the accounting process.

    Right to a Paper Copy – You have the right to obtain a paper copy of this notice from CAPS; in fact the copy that you are currently reviewing is your copy. CAPS also has availability of additional copies by requesting one from the secretary or downloading it from the CAPS website at

  10. California31

    California31 New Member

    It was confusing to me too....but the state wants you to apply for case they can claim any funds for medical treatment....or $ subsidies you may have qualified for (like medicaid....).....I refused twice to apply...but the SSA "counselor"....said just makes no sense to me I knew I would not be eligible for long term SSI.....but applied and let them do their calculations...Good luck to you on the 11th.
  11. obrnlc

    obrnlc New Member

  12. Ginner

    Ginner New Member

    Keeping to read later.

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