Scott Davis said to wait five months after being on STD........

Discussion in 'Fibromyalgia Main Forum' started by kadywill, Dec 10, 2002.

  1. kadywill

    kadywill New Member

    before filing a SSD claim~~~~ I just read on a NC SSD and SSDI claims information site that I should file as soon as it is determined that I will not be able to work during the next twelve months or my condition is expected to lead to death. BUT............. Mr. Davis said that my doctor would be better able to say that I will not be able to return to work (for a minimum of twelve months) when I'd been out of work for five months. My doctor already said that I would be out of work indefinitely. I took that as fact and I still do, so why should I wait five months to file???????
    What do you think of this?? I know that the process of applying for and receiving SS benefits is lengthy and I want to do this right because I NEED money to EAT and PAY BILLS, so: do I get a lawyer NOW??? do I get the SSD forms NOW and begin working on them?? do I send them in as soon as I complete the forms???
    PLEASE advise me on this....I keep reading confusing things about WHEN to apply and whether to get an attorney NOW or after I have been out of work for five months, or after I've been denied once, or after I've been denied twice..... this is so confusing. Scott Davis said I had a good claim, but he said, "For now, work on documenting your medical records with symptoms and limitations." And then he told me to call him (after I'd been off work for five months) for a free phone conversation about how to proceed and how to win my case.
    I trust that Mr. Davis knows what he's talking about, but my husband doesn't understand why I should wait to file a claim when the doctor took me out of work indefinitely and we do so DESPERATELY need money. I am filing a request for a hardship claim for half of my 401k money tomorrow....why not, I need it NOW and we have no other resources. We do not use credit cards EVER~~ I refuse to fall into this trap and we will not get a loan to get us by, so doing this is all we can do right now.
    Thank you for your help....
    With love and empathy,
    Kady
  2. kadywill

    kadywill New Member

    before filing a SSD claim~~~~ I just read on a NC SSD and SSDI claims information site that I should file as soon as it is determined that I will not be able to work during the next twelve months or my condition is expected to lead to death. BUT............. Mr. Davis said that my doctor would be better able to say that I will not be able to return to work (for a minimum of twelve months) when I'd been out of work for five months. My doctor already said that I would be out of work indefinitely. I took that as fact and I still do, so why should I wait five months to file???????
    What do you think of this?? I know that the process of applying for and receiving SS benefits is lengthy and I want to do this right because I NEED money to EAT and PAY BILLS, so: do I get a lawyer NOW??? do I get the SSD forms NOW and begin working on them?? do I send them in as soon as I complete the forms???
    PLEASE advise me on this....I keep reading confusing things about WHEN to apply and whether to get an attorney NOW or after I have been out of work for five months, or after I've been denied once, or after I've been denied twice..... this is so confusing. Scott Davis said I had a good claim, but he said, "For now, work on documenting your medical records with symptoms and limitations." And then he told me to call him (after I'd been off work for five months) for a free phone conversation about how to proceed and how to win my case.
    I trust that Mr. Davis knows what he's talking about, but my husband doesn't understand why I should wait to file a claim when the doctor took me out of work indefinitely and we do so DESPERATELY need money. I am filing a request for a hardship claim for half of my 401k money tomorrow....why not, I need it NOW and we have no other resources. We do not use credit cards EVER~~ I refuse to fall into this trap and we will not get a loan to get us by, so doing this is all we can do right now.
    Thank you for your help....
    With love and empathy,
    Kady
  3. bubblegum

    bubblegum New Member

    When I first spoke with Scott Davis he said that he would represent me once I had a diagnosis. I had already filed the papers when I called him. Well when I got the diagnosis that he wanted, I called his office and they set up a consultation over the phone. By this time my case had been denied twice. He said that he wished me luck but that my case was too far for him to get involved. He did say that if I lived in Arizona he might consider taking my case. He had promised to represent me. He lied. I have another name of an attorney that frequently responds to posts on another website. You can ask him any question you'd like and he will reply. He also takes on cases throughout the US. His name is Jeff Rabin. If your email addy is on your profile I will email the info to you. Check out some of the posts on SSD. My email is on my profile if you want to email me. Good luck. I wouldn't wait to get legal advice elsewhere. Thats what I did and look where it got me.
    Ciao
    Sandy
  4. Grams

    Grams New Member

    I could be wrong, but I think you have to be disabled for six months before you qualify for SSD. I suppose you could apply at any time during that six months, but even if approved, and paid retroactively, nothing is paid for those first six months. That's my understanding.
  5. bubblegum

    bubblegum New Member

    If you do a google search and type in Jeff Rabin Clouds the results take you right to him. Good luck and I hope this helps you
    Ciao
    Sandy
  6. darlamk

    darlamk New Member

    Hi Kady, The process of SSD and SSI takes so long- why wait? My rehab Dr suggested I apply when I was no longer able to keep working at my cushy nurse desk job. I had left floor nursing about 1 1/2 years prior due to failing health and fatigue so I was working in a central scheduling office at a hospital. I continued to work 1 day per month after I applied for about 6 months. Now I do not work at all. It took exactly 1 1/2 years for me to get approval (after 2 denials and appearance before the judge) Maybe you should talk to your Dr since he will be helping with the paperwork. Before I applied I had called Social Services and asked their advice and they told me to apply if I was not able to work. But I was not on STD from my job since I was considered part time and did not qualify so maybe that is a factor too. My local attorney works only with disability cases and did a great job for me. It seems like you have tons of documented medical problems, a long history and hard evidence on your MRI. That is what they are looking for. Lets face it-those types of problems are not going away. Plus you have had a great work ethic and kept plugging away at your job through all the pain. I would recommend getting some more opinions from other sources. Good luck - I know this is a big step and it is tough on the self esteem. But it is also tough to be broke and stressed out about your financial survival. I am praying for you...
    Best Wishes,
    Darla
    [This Message was Edited on 12/10/2002]
  7. kadywill

    kadywill New Member

    ALL so much for this advice and info!!! I am putting it all to use now!
    With love and appreciation,
    Kady
  8. teach6

    teach6 New Member

    The first thing I recommend is that you sit down with your doc and tell him you are thinking about filing for SSDI and want to know if you have his support. Without it you'll get no where. I did that and my doc agreed with me that in all probability I would not be able to work for the forseeable future. I filed, in part because my LTD company told me I had to, but I knew I had the backing of my doc.

    See what your docs says. He may feel more comfortable waiting a few months to see how you respond to being home and on the new meds, or he may say go for it now.

    Hope this helps.

    Barbara
  9. Bellesmom

    Bellesmom New Member

    Scott wants you to be off work 5 whole months so he will be completely eligible to collect all the money he has coming for successfully representing you.

    I mulled all of this over - I was sick in bed 5 months, then found a transcribe at home job. I only returned to work because our income was ZERO. I tried for several months to work but was hit by a horrible flu virus and after that plus the FMS have never been able to do more than about 5 hours a WEEK at home. I cannot leave the house. No one will represent me because I continue to make an effort to work. You are allowed to make not more than $780 a month but no one I've talked to (at Social Security) will completely clarify that for me. They say things like well, that can be a trial work period and they talk around it but they just want you to lay there and die and starve to death and everything else. Their rules are built to outlast YOU (ME)and all of us.

    I resent having to be forced to have someone represent me for a fee when disability is something we pay (paid) for from the deductions on our paychecks if we earned enough credits. They can "earn" a sizable amount and really make you do a lot of the work for them. Sure, they know the ropes but this has become a game between your disability money, the government representatives who are paid to deny you and the go-betweens who earn a fee.

    I just think enough is enough. There was way too many people on disability which has made it extremely tough for those of us who are trying right now.

    But I'm only voicing one opinion and I am going thru a reconsideration claim right now, by myself. I am 61 years old so will be eligible in a few months for early Social Security and I thought long and hard about even bothering with this disability claim. I read, read, read and very reluctantly signed up because my husband wanted me to. My doctor is not in my corner and I cannot afford a better doctor right now. We are spending all our "extra" money to keep my 75 year old husband alive so he can work 50 hours a week.

    Good luck - take your supplements - you'll need them. When you embark on this claim it will steal part of your life as if you haven't lost enough of it to illness already. You are so fortunate to have a doctor who recognizes and will put on paper that you cannot work. My doctor just laughed at me.

    My one hope is that God will see us through each day.

    Love ya

    Pam
  10. Grams

    Grams New Member

    Social security has a website: ssa.gov/

    Click on the disability link, then on "how to apply". Here's what it says in the FAQ:


    When To Apply

    You should apply as soon as you become disabled. If you apply for

    Social Security, disability benefits will not begin until the sixth full month of disability. The Social Security disability waiting period begins with the first full month after the date we decide your disability began.

    Supplemental Security Income (SSI), we pay SSI disability benefits for the first full month after the date you filed your claim, or, if later, the date you become eligible for SSI.

    How To Apply

    You can apply for Disability benefits online, or if your prefer, you can apply by calling our toll-free number, 1-800-772-1213. Our representatives there can make an appointment for your application to be taken over the telephone or at any convenient Social Security office.


  11. Grams

    Grams New Member

    What You Need

    The claims process for disability benefits is generally longer than for other types of Social Security benefits, from 60 to 90 days. It takes longer to obtain medical information and to assess the nature of the disability in terms of your ability to work. However, you can help shorten the process by bringing certain documents with you when you apply and helping us to get any other medical evidence you need to show you are disabled. These include:

    1.your Social Security number;
    2. your birth certificate or other evidence of your date of birth;
    3. your military discharge papers, if you were in the military service;
    4. your spouse's birth certificate and Social Security number if he or she is applying for benefits;
    5. your children's birth certificates and Social Security numbers if they are applying for benefits; and
    6. your checking or savings account information, so your benefits can be directly deposited;
    7. names, addresses, and phone numbers of doctors, hospitals, clinics, and institutions that treated you and dates of treatment;
    8. names of all medications you are taking;
    9. medical records from your doctors, therapists, hospitals, clinics, and caseworkers;
    10. laboratory and test results;
    11. a summary of where you worked in the past 15 years and the kind of work you did;
    12. a copy of your W-2 Form (Wage and Tax Statement), or if you are self-employed, your federal tax return for the past year;
    13. dates of prior marriages if your spouse is applying

    The documents presented as evidence must be either originals or copies certified by the issuing agency. We cannot accept uncertified or notarized photocopies as evidence since we cannot verify their authenticity. Do not delay filing for benefits just because you do not have all of the information you need. The Social Security office will be glad to help you.

    If you do not have a birth certificate, you may request one from the State where you were born. See Where to Write for Vital Records for details on where to write in your State.

    If you are applying for Supplemental Security Income benefits you also need the following:

    1. information about the home where you live, such as your mortgage or your lease and landlord's name;
    2. payroll slips, bank books, insurance policies, car registration, burial fund records, and other information about your income and the things you own;

    How We Determine Disability

    You should be familiar with the process we use to determine if you are disabled. It's a step-by-step process involving five questions. They are:

    1. Are you working? If you are and your earnings average more than $780 a month in 2002 or $800 a month in 2003, you generally cannot be considered disabled.
    2. Is your condition severe? Your impairments must interfere with basic work-related activities for your claim to be considered.
    3. Is your condition found in the list of disabling impairments? We maintain a list of impairments for each of the major body systems that are so severe they automatically mean you are disabled. If your condition is not on the list, we have to decide if it is of equal severity to an impairment on the list. If it is, your claim is approved. If it is not, we go to the next step.
    4. Can you do the work you did previously? If your condition is severe, but not at the same or equal severity as an impairment on the list, then we must determine if it interferes with your ability to do the work you did in the last 15 years. If it does not, your claim will be denied. If it does, your claim will be considered further.
    5. Can you do any other type of work? If you cannot do the work you did in the last 15 years, we then look to see if you can do any other type of work. We consider your age, education, past work experience, and transferable skills, and we review the job demands of occupations as determined by the Department of Labor. If you cannot do any other kind of work, your claim will be approved. If you can, your claim will be denied.


  12. dlizard

    dlizard New Member

    I've decided I gotta do what I gotta do too! I NEED the insurance.... In my fair state even a little pittly desk job wouldn't give me insurance cause the state of SC insurance plan doesn't cover** fibro or cfids... so that counts out about 65% of local jobs... I've been on ssd before and am getting ready to try again.... I hear it's much easier the second time... you see I did get better and go back to work for 12 years!!!!!!!!! how bout them apples!!!! Good luck~!