Social Security Disability

[Myrty]

Has anyone had any experience with denials & appeals from the Social Security Administration? My husband is 8 months post-op. He is a heavy equipment operator. Unfortunately, SSA seems to think that that removal of the AN clears up ALL the symptoms. Unfortunately, it didn't. He isn't safe when it comes to driving a vehicle - much less a piece of equipment that weighs tons. There is no improvement in dry eye, facial paralysis, hearing, motor skills, or balance. Any suggestions for the appeal would be appreciated. Thanks Myrty

[Raydean]

First of all I'm the wife of a AN patient. not a doctor or anyone special in the medical area.  In reading your post I believe that we have alot in common.  We applied for and did receive Social Security Disability.  one thing that we learned that alot of people are denied because of lack of information, not providing a clear picture.  It's important to start a log, just writing on a calender actual instances of problems encounter.  This will prove helpful when you do the paper work. Include all other medical problems, it may well be the total sum of everything.  One other key factor that we were told was "if it take 25 extra sheets, then by all means send 25 extra sheets.  Don't limit yourself to the little form.
Explain how each loss affects your husband.  Point out safety risks and limitations.  Live with the paperwork for awhile.  Write down problems and how they relate to each section as you think of them.  (You'll be surprised when you suddenly remember something important. at the least expect time.)  Write down medical problems as you seem them, sometimes it helps to draw a stick figure and divide the person up into sections to help you focus..  Talk to the treating doctor that is the most open to the disability issues.  Also report health problems/complications to your doctor as they occurr.  You don't want the doctor to say "well he never mentioned that to me"  Document everything (back to the log. day time and who you spoke to. ) Talk to family members and close friends, often times they will seem things that those that are closer to the event can't or don't see.
I know how frustrating this can be. It's important to remember that the majority of AN patients do have positive outcomes and are able to pretty much resume the lifes they led prior to treatment.  So it makes it harder for agencies such as SSD to understand why you're the exception. Also remember that from SS viewpoint the question is "Is he employable in other jobs, rather then the field of employment at time of disability, meaning a lessor paid position.   Your log and clear examples of problems  will help lead them to a better understanding. Please feel free to contact me.

Best to all
Raydean

[jmritter]

Myrty -

I don't know if you still need advice on SSDI - your post was from awhile ago.  Maybe someone else will read and need the help as well.  I write from 2 perspectives: an AN'r who actually did apply for SSDI and receive the benefits - "on the record" even, which simply means they didn't even bother to put me through a hearing, and also I'm an attorney who did a tiny bit of this work (emphasis on tiny) several years ago.  Raydean, in her response, was right on about writing down everything AND how it affects your husband's work.  The standards for SSDI revolve around limitations to ability to work and function, so that is how you must think.  I know it was very hard for me to get into that mindset at the time I applied because I could certainly do SOMEthings...and for many people, it is very difficult to admit to any kind of "failure" (in the sense of not being able to do things they used to be able to do).  But, you just have to.  You need to be 100% honest, but that includes admitting you (your husband) is a wreck.  If his symptoms cause him to need a nap after 1 hour of very light work, document that.  Talk to his doctor about that.  Make a total and complete nuisance of yourselves over these PHYSICAL issues.  I emphasize physical because the SSA is typically not too concerned, unfortunately, about emotional or mental issues.  I.e., they won't necessarily care that you are depressed, but they might care if your depressioin causes headaches or fatigue. 

The other thing I would STRONGLY recommend is taking the time and spending the money to at least consult with an attorney - and it has to be one who specializes in Soc Sec Disability - otherwise, don't bother.  It's a very, very specialized field.  I know the attorney I hired was a huge reason why I got my benefits.  She knew how to write the petition, who to send it to that would give it the best chance of getting around regular channels, etc.  Of course, I was a physical mess, but I still think I would have been denied until at least the appeal level.  By then, you are so broke and demoralized you are likely to give up. 

But never say never!!!  Just document like crazy, talk to your doctor(s) like crazy, and talk to an attorney.  It does work. 

Anyone can feel free to contact me about this.

Jane
RS surgery Aug 2005

[laurawinkleman]

I too was unable to collect disability even though I was constantly falling, once down a set of concrete stairs, wrecking my car, running into walls, etc.  I never did convince them even though my doctor wrote them a letter telling them I was unable to work.  My advise is to find a good attorney to represent you.  They seem much more cooperative when they are talking to someone in the legal profession.  Good luck to you!
Laura

[Static]

There are lots of attorneys who specialize in SSD.  In my line of work, I see it constantly.  If you can afford to, do seek an attorney.  I never tried to collect but instead found a job approximately 10 months after the surgery and I'm still at it.  Ya gotta do what ya gotta do!

[bjordanr]

I applied and was denied twice - I got a SSD attorney and we got approved right before it went to hearing.  Although the attorney costs some money- had to pay a small retainer fee and the rest was a percentage of what the first award was and it is capped as to what he can get....and it may result in you having income vs. not having any at all. So I found it to be very worthwhile.

I agree with the post that says provide everything you can. I saw two neurologist, a psychiatrist, hearing specialist, physical therapist and a vocational evaluation expert. My report was quite lengthly.

I had someone tell me that getting SSD would be difficult because I was still young (at the time 40) and my disability was not "visible". In the end it came down to someone at the SS review board understanding that although I could still function at some things, it was impossible for me to keep and maintain a normal full time job/work schedule with any reasonable employer. The key words were "maintain" and "reasonable employer".   It was important for us to show HOW the disability affected my ability to get and/or maintain employment.  This is where SSD attorneys can really help - they know the key words to use.

Hope this is helpful to you or someone else out there.

[sunshine16]

I applied for SSD and it's in process.  4 months post op.  I applied January.  My quesiton is, Has anyone been asked by SS to see a Phd. doctor? to know mental status? I'm afraid I will just get denied for one I'm only 30 years old, 2nd my husband makes enough money for the both of us.  but I have 2 minor kids need to support and my ability to do things is very much limited every day.

[Battyp]

Sunshine I talked to a policeman who's wife had an an removed and was denied as they said he made enough money..BS>.they aren't paid much more than teachers around here.  He also said they claimed she didn't have enough work credits.

I read online somewhere that if you go through vocational rehab for retraining and they deem you disabled which they did me.  It helps with your social security claim.

JMritter how did you get your claim through so fast?  I was told repeatedly I had to wait a year to apply since the severity of my problems wouldn't be known in it's entirety for a year.  I did just apply and am still waiting for my first denial  lol  The girl at the window told me it would take 5 mos to be turned down the first time.  Now that was ridiculous! 

Sunshine I know a guy who gets ssd for mental problems.  He supposedly has agraphobia but still works everyday under the table.  He's bipolar too which is why I think he got approved.  I won't worry about mental status.  That is part of why some of us can't work.  There was a list of things that they look at for disbility on the ssi site.  I went through the list and could check off just about everyone on there.  Hopefully they got it if not I try again!

[Rc Moser]

IMO I think the SS admistration reject's all claims just like insurance agencies do. Why cause most people are too proud to see it through, or say I tried and give up. I have also seen programs on 60 mins and others were aliens that haven't worked a day in this country get it. So, DON"T be discouraged, Get a laywer, annotate, see a doctor what even it takes. It's your hushand rights he worked for and earned the right to be disabled and that is what the disability portion there for. Just don't give up and take no for an answer! And besided when you get approved you will get back pay from when you first filed. There are few that understands what AN are let along the problems that come after a hole is drilled in you head where the 12 crainal nerves are. IMO even the specialists really don't understand your pain.


Most symtoms I have. riding or driving in a car makes me dizzy and so times i get motion sickness. Struggle with headache's two, three, and sometimes four days a week. I get tire awlful easy and after I get home from work I'm worn out and on days I have a headache have to lay down, sometimes all evening and all night just to be able to go to work the next day. Ear  buzzes with any noise no matter how loud, and with loud noises creates hearing problems, Turning my head too quickly or back too far creates unusual pains. I am afraid to pick up something real heavy or do alot of heavy strainous work due to spinial fluid leaks, Due to the fluid running out my nose when I do it, then headaches start.

 I have to wear a ear plug 90% of the time. Normal noise is too loud for me now, taking a shower makes my an side buzz really loud making it hard to hear after showering. Even riding in a car at 40 MPH makes my ear buzz. Can't listen to any TV, radio, over 3 bars. These are some of the things I have to get through and I consider myself better off than most. I also think use AN'er get a condition where any noise is magnified and annoying. IMO you need to set down with  you husband is sessions and write down all the things that bother him and what he can't do. This will help you case when doctors document his conditions IMO>.

[Battyp]

This is been really helpful..thanks to those of you who have shared!  Gives me hope that I'll figure this thing out yet in case I can't get back to work in august. 

[thecakes]

  I have been on ssi since my surgery, Oct 02.  My husband applied for me.  I am 47 now.  I had 3 brain operations.(I swelled up) a stroke, two seusures, pnomonia, a blood clot etc.  It was hard excepting ssi at first, to know that you are disabled, but it sure helped pay the bills.  Now I depend on it, if I sop getting it I don't know what we would do.  I was told I'll get reviewed in 3 years and I have'nt yet.  Is it possibable that they think 'm so bad off that I will permintly get SSI and I won't ever have a review?  I am fine now but have no job that I will be able to do, I come from a factory(26 years} I would be to slow.  I walk slow, if I fall its a job getting up.  Slow life, but a happy one.

[whak50]

My SSD experience was a mess and very hard to go through. First of all SSD tries to waite you out, the reject your claim almost always the first time. Their purpose is to try to wait you out, "many many" people STOP their claim for SSD, they do that to see if your serious. Truth is your entitled to get SSD if you can prove your disabilities. I was denied twice, then I got a lawyer and my claim was okayed and I recieved my SSD a fer months later. Show them you mean business and that your not going away and that you need the SSD. I worked over 30 years and paid into the system all that time and then they fight to keep it from you when I need it. Bull! It takes time, but you get SSD retroactive from when you first applied, when your approved. Thew lawyer gets paid out of your settlement that is how the system works. It is tuff without money coming in, or living off your savings. You need the support of your family and friends and a lawyer and you will provail it just takes time. That is just the way it is, I guess it also helps them weed out all the BS claims for SSD. Us AN sufferes know our disabilities are real that is cross to bear in life. Keep on keepin on.  Wayne

[Battyp]

Wayne what has me sitting on the fence with the whole thing is I'll be 2  years with no insurance, a teenager and I'm uninsurable...That is the one thing that is keeping me from proactively persuing.  I did file my claim and figured I'll be turned down and then I'll know I need to suck it up to go back to work whether I can handle it or not. 

[sunshine16]

Oh, I admire your determination Wayne.  I know I'm legit, I can't work.  I'm feeling better now, but I'm struggling mentally.........  Sometimes I just feel I shouldn't have done this surgery BUT I know I need and have to.... 

Anyways, back to SSD.  I had worked here.  Had 4 full time jobs before surgery.  I got a paper from SS stating how much I will get if I'll be disabled now...  blah blah blah.  I said good, I won't worry if anything should happen to me after surgery.  Then I applied and can't believe what I have to go through and knowing my chances of getting approve is ZERO?  Anyways, applied SSD by phone (I didn't get qualified on SSI coz my husband makes enough money), long interview, got lonnng forms in the mail to filled out, and I thought that's about it.  Just couple of days ago got a letter from SS stating  I'm required to go see a Phyciatrist to check my mental status, after that who knows.  A letter stating "APPLICATION DENIED"!!!!!!!!!!!!!!!!!!!!!!!!!!!! ???   I don't mind to go through their procedure, I just hope I'm not going through it only to get denied.......  **sigh** 

 I will not give up.  I'll get a lawyer if I have to.  I know I deserve it and need it......  I applied January.  I think it will take about 6-8 months to receive anything?  So, I still have to wait 3-4 months more........ 

[Captain Deb]

My disability attorney informed me that 97% of disability applicants are turned down on the first application, and 95% of those who reapply are turned down. Especially in the past 6 years under the current administration. You have GOT to get a lawyer if you want benefits.  They don't charge you unless you win. And then it's 25% of your retroactive claim or $4900, whichever is LESS!  It's the law.  They do charge a small fee up front for aquiring your records, OR you can do that your self.  It is absolutely worth pursuing if you can't work.
Capt Deb