Filing for SSDI

[AQA]

Before I filed for SSDI. I researched several forums and use the advise that I had been given. This story is the events that took place with my claim. My doi was 8-05. There was minor issues with wc.. I had and still have the desire to return to work, and some day will.

6-??-07 Applied for SSDI on line
6-15-07 Met with SS. caseworker and delivered my medical records.
7-30-07 Denied SSDI
8-??-07 Retained law firm and filed for reconcideration.
9-??-07 Received Paper work from SS.. Daily Activity Questionaire, and Work History report. The Work History report was the same as it is on line.
When I sent that paper work back to them, I also included a three page report title " Medical opinion Re: Ability To Do Physical Activities "
I got the report from the law firm and my neuro-surgen filled it out for me.
10-??-07 Received notice from SS. that I meet the medical requirements, but they have not made a decision about the non-medical requirements.
11-13-07 Received a check from SSDI.. The amount is wrong, but that is ok. I will address that issue when I get the letter explaining the benifit amount

I suggest that everyone get copies of your medical records, and keep copies of all corespondese with SS.

[e3mrk]

You are correct that You should have a many Medical Records as Possible to back up the Claim but also You need a Attorney to help things go smoother.

[chrischris]

e3mrk, How does an attorney help with SSDI? From what I've read it's just a matter of applying, having all your ducks in a row, getting denied the first time, reapplying with more documentation and then getting accepted if you qualify.

I don't understand what an attorney can do? Does an attorney get paid a flat rate for helping you, or do they get a percentage of SSDI? Just curious as I have reached my 6-month point of being off work. I was told that one should apply at that point, because it takes about 6 months for the approval process, and one can start getting SSDI when off work for 12 consecutive months.

Thanks!


AQA, I'm happy everything has worked out for you, and thanks for posting your experience. It's good to learn from others who have been there, done that.

Thanks!

[AQA]

CC, attornies fee. 25% of back pay up to $5300.00. That was the contract I signed. I would encourage anyone that is going to apply, to do it themselves the first time. Then concider getting an attorny for the reconcideration. Deffinately have an attorny if it goes to court. Just my oppinion.

[katicabogar]

Well, I guess you are lucky and it depends also on what state you file. I am in Washington state, one of the worst. I filed for ssdi in July 07 online, 1 week later delivered all med records to local office, including Voc Rehab recommendation for pension. In Aug 07 I was sent for mental evaluation(I have carpal tunnel/trigger fingers), got dx as depression due to my injuries.
Got a denial letter from SSI in late Oct 07.
Called m w/c attorney who also an ssi attorney, was told to refile on my own again and wait for denial again which could take about one year. They told me they will get involved when we have to go to court. I am not working since March 2006, so waiting for other year just for denial again is though.

[Bummer Knees]

This is what I have learned about SSD and SSDI.

Once you apply it helps to have the scheduled interview in the office so the worker can put a visual to your name. My worker could see me using my cane, can't see that over the phone.

I also had originals of medical records available for the worker and names & addresses of treating doctors.

It is important to have as much medical information gathered as possible.

SSA responds within 6 months, in my case I filed Jan 31st and was accepted in March of that year first time without an attorney.

If you are denied the first time then contact an attorney to help with the process of filing an appeal. An attorney is paid a % of back pay owed.

I learned from a SSA Advocate and former case worker for SSA that denials are based largely on medical diagnosis, if a person has bipolar they will be denied 3X and so on.

I volunteered in the early 1990's as an advocate doing intake, helping families with children with disabilities obtain SSI for their disabled child.

[chrischris]

AQA and Bummer, Thanks for the info. Since you both said pretty much the same thing, I will go with it!


katicabogar, Your post and reasoning provided by your AA just doesn't sound right. To me, it seems like your AA should be helping you the 2nd time around. It looks like he is sure you will be denied by doing it yourself, so that he can jump in at that point. Unscrupilous attorneys can be very sneaky. You should not have to wait so long. Just MHO!

[Babebahn]

chrischris Wrote:e3mrk, How does an attorney help with SSDI? From what I've read it's just a matter of applying, having all your ducks in a row, getting denied the first time, reapplying with more documentation and then getting accepted if you qualify.

I don't understand what an attorney can do? Does an attorney get paid a flat rate for helping you, or do they get a percentage of SSDI? Just curious as I have reached my 6-month point of being off work. I was told that one should apply at that point, because it takes about 6 months for the approval process, and one can start getting SSDI when off work for 12 consecutive months.

Thanks!


AQA, I'm happy everything has worked out for you, and thanks for posting your experience. It's good to learn from others who have been there, done that.

Thanks!

CHRIS...
I went through the same thing that AQA went through...to the "T" my SS Attorney got all my records that I had, had someone review them and appeared before the Judge and told them how I was disabled...I have the whole report and reports of what she said in court! I received APPROVAL right afterwards! If you don't have an attorney to help you, you might consider getting one...mine really helped me!

[katicabogar]

chrischris Wrote:AQA and Bummer, Thanks for the info. Since you both said pretty much the same thing, I will go with it!


katicabogar, Your post and reasoning provided by your AA just doesn't sound right. To me, it seems like your AA should be helping you the 2nd time around. It looks like he is sure you will be denied by doing it yourself, so that he can jump in at that point. Unscrupilous attorneys can be very sneaky. You should not have to wait so long. Just MHO!

Not sure what's the deal, but I am so tired of dealing with all these. This is my second attorney for my w/c case and they are trying to go for full pension on the w/c side. I heard so much horror stories regarding ssdi in my state, that I guess it is normal here to get denied two-three times before approval. Some people in wheelchair wait for 5-6 years...they just had a story on tv about this. I guess attorney knows with my dx(carpal tunnel etc)I get denied anyway, so why waist their time. I will try to appeal ssdi on my own and wait. I just don't want to change attorney again, I need them with my w/c.

[Pooh]

Katie are you sure he didn't mean reconsideration - that can sometimes take a while the 2nd time around but then again it can be denied the 2nd time as well - you have 60 days from the date of denial to apply for the reconsideration phase as well and they send you more paperwork - then if denied again - then you will get a hearing.

At the hearing phase they say a decision can take 6 weeks on average - I am still waiting for mine almost 3 months after my hearing.