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Applying For Benefits - Tips & Tricks 01 November 19, 2004 6:13 PM

Social Security Disability can drive you crazy even if you’re already there! I want to try to post tips, tricks, and answers to those people who are battling for their rights to benefits. There is so much info it would be impossible to list everything at once so I will do my best to post it in sections. There may be things your past or that you already know but don’t get discouraged you never know what might help and when. First thing that you need to remember when dealing with the benefits process is that SOCIAL SECURITY REPS WILL LIE TO YOU. It is not their faults and many are not interracially or maliciously trying to mislead you. New laws, policies, and information is released almost hourly to these people. Not even the greatest minds of our time could be expected to keep up! Don’t let that scare you! Just because they can’t do their job does not mean that you can’t use their loopholes. Note that there are 2 documents when dealing with Social Security that can literally make or break your case. This will be your original application (usually a green or blue) and the follow up application(s) you will be asked to fill out. It is a misconception that cases can be decided favorably 1st time out by anything your doctor does or does not say. That factors in later if an appeal is necessary. My hope is to help you get your case won 1st time out if I can, and if you are already past this point don’t fret! I have some helpful info for you too that I will share as we go. Before the first pen stroke swipes that application, sit down with a pen and paper and start a list. Write down everything, EVERYTHING, that is or could be wrong with you. This is especially true in mental health cases because of the wide interpretations in the world of medical science. Research conditions online or at the library to find out if they apply. Take online mental health tests (which are admissible in your case eval, however not given a large amount of credence) and look up symptoms and diagnosis of conditions using a site like Yahoo Health. The trick here is that if you write it down they have the option of approving you for it, but if you don’t they can, and most likely will, ignore it if they want to. Now take your list and visit the SSA.gov site. Look at their list of disabling conditions. Find their names and descriptions for things because this will be important to write on your application. You must LEARN THEIR LANGUAGE to present a strong and worthwhile case. People who apply through a lawyer know that this is what you pay them to do. You can do it yourself though, and save a lot of cash, but do understand that in many cases applying for disability benefits can feel like a FULL TIME JOB.  [ send green star]
 
Part B November 19, 2004 6:14 PM

Example: My Explanation: I have a back problem, which causes a severe pain in my spine making it impossible for me to move. SSA’s Explanation of My Back Problem: 1.04 Disorders of the spine (e.g., herniated nucleus pulposus, spinal arachnoiditis, spinal stenosis, osteoarthritis, degenerative disc disease, facet arthritis, vertebral fracture), resulting in compromise of a nerve root (including the cauda equina) or the spinal cord. With: A. Evidence of nerve root compression characterized by neuro-anatomic distribution of pain, limitation of motion of the spine, motor loss (atrophy with associated muscle weakness or muscle weakness) accompanied by sensory or reflex loss and, if there is involvement of the lower back, positive straight-leg raising test (sitting and supine); OR B. Spinal arachnoiditis, confirmed by an operative note or pathology report of tissue biopsy, or by appropriate medically acceptable imaging, manifested by severe burning or painful dysesthesia, resulting in the need for changes in position or posture more than once every 2 hours; OR C. Lumbar spinal stenosis resulting in pseudoclaudication, established by findings on appropriate medically acceptable imaging, manifested by chronic nonradicular pain and weakness, and resulting in inability to ambulate effectively, as defined in 1.00B2b. My NEW Explanation: I have degenerative disc disease causing a limitation of movement in my spine, muscle weakening, and sensory/reflex loss. I suffer excruciatingly painful dysesthesia constantly making it impossible to stay seated or standing in the same place for more then 10 minutes at a time. FREQUENCY, SEVERITY, & DURATION are the three most important words to remember when filing out anything! I cannot stress this enough. Knowing this lets rewrite he explanation one more time before putting it to our application. FINAL EXPLINATION: My disabilities are degenerative disc disease, spinal damage, muscle weakness, sensory/reflex loss, sleeping disorder, dysesthesia, anxiety, and post traumatic stress disorder. These disorders/diseases cause me EXCRUSIATING PAIN and an INABILITY TO FUNCTION on a DAILY if not MINUTE-TO-MINUTE basis. PAIN NEVER GOES AWAY and is MORE FREQUENT and SEVERE during morning hours and damp weather. Because I CANNOT FUNCTION NORMALLY I have been UNABLE TO SLEEP or EAT NORMALLY. I have a CONSTANT FELLING OF FEAR and of BEING OVERWHELMED due to being unable to care for myself. It is obvious to those who know me, treat me, and to myself that I have an INABILITY TO ENGAGE IN ANY SUBSTANTIAL GAINFUL ACTIVITY because of my disabilities/disorders. This has continued for years and WILL NOT get better regardless of therapy or medication. Now remember that this is an EXAMPLE ONLY. You know what you need help because of and will do best to use your own interpretations of the SSA’s listings. This will also prepare you for a court appearance if one is needed later.  [ send green star]
 
Part C November 19, 2004 6:15 PM

Another term you need to remember is: INABILITY TO ENGAGE IN ANY SUBSTANTIAL GAINFUL ACTIVITY/EMPLOYMENT. Try to fit this into your answers as much and as often as possible. SSA Definition of Disability: Definition of Disability (Adult) For all individuals applying for disability benefits under title II, and for adults applying under title XVI, the definition of disability is the same. The law defines disability as the inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment(s) 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. Disability in Children Under title XVI, a child under age 18 will be considered disabled if he or she has a medically determinable physical or mental impairment or combination of impairments that causes marked and severe functional limitations, and that can be expected to cause death or that has lasted or can be expected to last for a continuous period of not less than 12 months. More to come…….  [ send green star]
 
This is from my ruling... November 20, 2004 5:39 AM

"The Administrative Law Judge finds that the claimant does not have the residual functional capacity to perform sustained work activity at any exertional level. The claimant has a history of fibromyalgia with little relief form medication and treatment. Additionally, the claimant suffers from chronic fistula, which have required surgery. Further, the claimant has also been diagnosed with depression and bipolar disorder with a very low Global Assessment Functioning of 35." That Global Assessment Functioning of 35 falls in the 31-40 range which means: Some impairment in reality testing OR impairment in speech and communication OR serious impairment in several of the following: occupational or school functioning, interpersonal relationships, judgment, thinking, or mood. -------------------- Having a Global Assessment Functioning Exam done by a Psychiatrist is very important to proving that your can't function in a work environment.  [ send green star]
 
Thanks Rev.... November 20, 2004 3:05 PM

Yes, a GAF score can be imperative. Your eligibility worker will tell you it is not a big deal but it can make or break a case. It is important to understand how one comes to the decision determining what a GAF score might be. You can learn a lot about the process at this site: http://www.esocialworker.com/gaf.htm Check Out the Article Below: BACKGROUND. The Global Assessment of Functioning (GAF) is a quick and simple measure of overall psychological disturbance. However, there is little research on the reliability and validity of this measure in severely mentally ill populations. METHOD. Multidisciplinary keyworkers assessed 103 patients at monthly intervals over a 6-month period. Overall GAF scores were obtained, with additional separate ratings for symptoms and disability. These were compared with changes in antipsychotic medication and support needs over the same period. RESULTS. Satisfactory reliability was obtained for total GAF score and for symptom and disability measures, in spite of raters having only one brief training session. All GAF scores were associated with current support needs of patients. Symptom and disability scores were associated with changes in antipsychotic medication in the previous month. Only symptom score was associated with increases in antipsychotic medication at time of rating. CONCLUSION. GAF proved to be a reliable and, within the limits of the indicators used, a valid measure of psychiatric disturbance in our sample of the severely mentally ill. Differences in relationships between the three GAF scores and medication/support needs indicate the usefulness of obtaining all three scores for monitoring levels and type of psychiatric disturbance in this population. Source: http://bjp.rcpsych.org/cgi/content/abstract/166/5/654  [ send green star]
 
Already filled out and mailed in 2 important papers. November 22, 2004 10:22 AM

If what you are saying here is really going to affect their decision, I think I messed up. I have BP and panic attacks. That is what I put on the papers. I also have IBS, insomnia, on and off suicidal thoughts, anger management problems, and more. My attorney just said to put generally what is wrong and the rest of it would go along with the main dx as symptoms. Do you know what I could do to help my situation?? PS: I have dicided to try this without a lawyer the first time around. The one that I Had was not helping me AT ALL.  [ send green star]
 
 November 22, 2004 2:55 PM

Amy...These are targeted links specific to BPD and Social Security Disability: http://www.ssabipolar.com/articles/articles1.htm http://www.ssabipolar.com/why/whyApply.htm http://www.bipolarbrain.com/disability.html http://bipolar.about.com/cs/experience/a/sfe_ssdi_apply.htm?terms=social+security+disability http://www.psycom.net/depression.central.ssd.html http://www.mental-health-matters.com/advocacy/l_disability.php http://www.disabilityresources.org/BIPOLAR.html http://www.4woman.gov/wwd/wwd.cfm?page=35  [ send green star]
 
Diane November 23, 2004 9:25 AM

I am so thankful to you for putting this information here. I will begin to follow your advice right after this holiday is over. I feel angry and hurt inside that they put people through this. It's like beating up on the weak ones that cannot defend themselves. Most cannot fight back. They can only sit out of sight of every one, and suffer in silence. With things like severe depression where you feel already so paralyzed, how can you fight against the government? Thank You Diane. And I am thankful for this Group. Rosa  [ send green star]
 
 March 07, 2005 6:58 AM

This is a key read...a very important topic!  [ send green star]
 
A few tips from me... March 10, 2005 4:00 PM

I have been receiving incapacity benefit for some time and over that time have learnt a few little things that I hope will be useful to other people.

* wherever possible, get someone else, particularly someone in 'authority' to fill your form in for you...for some reason this seems to make the government or whoever evaluates these things take it a lot more seriously.  I now always get my key worker to fill in my form, with me, and then we both sign it at the end.

* When you fill in the form, don't write how you are on your best days but on your worst days.  this can be very hard emotionally, but it is the only way that you will be treated fairly.  If you put down oh some days I am fine and can cope, they will assume that you mean all the time.  Don't lie, but don't cut out the 'nastier' aspects of your true condition either.

* Keep a copy of the form and also get proof of posting.  it is amazing how many forms will get 'lost' to be rediscovered once you say you have proof of posting.  The offices that deal with these things have huge backlogs so make sure you have yourself covered.  An easy way to have a copy of the form is to get 2 forms and fill them in the same, keep one and post one.

* be prepared to ask for help to fight your corner.  Advocates can help you with this and in the UK it is a free service.  if you aren't up to getting what is rightfully yours then make sure you have the help of someone who is able to get it for you.

* Don't be afraid to challenge decisions you know are wrong; I had a claim turned down, and all it took was a couple of letters from specialists i see to put things right.  you will often be told it will go to a tribunal and stuff like that, but in most cases this is NOT TRUE...don't let the idea of having to go to a tribunal put you off contesting a wrong decision.

* If you are in doubt about which benefits you should be receiving, don't ask the agency giving them to you but someone independent, in the UK the Citizens Advice bureau, or Advocacy services can help you with this.  You will  ofter get nowhere asking the benefits agency about benefits...strange but true.  A few I know about are that if you are in receipt of income support for whatever reason, then you are also AUTOMATICALLY entitled to;

Housing benefit

Council Tax Benefit

Free prescriptions, dental and opticians care

Free school meals for your children

This might not sound like much but every little helps, right?!  The benefits system is horrendously complicated, but do dig and do get what is yours.  For years I lived on £30 a week when I should have been receiving a lot more, I just never knew that...don't let yourself be conned by the system, make it work for you.

BB

Wytche

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 March 11, 2005 11:34 AM

Wytche...Thank you so much for that great posting!

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 March 16, 2005 10:51 AM

Thank You Diane and Rev. Skull for the info about SSD! i am currently going through this paperwork and been through the first 2 denials.  Now I am waiting for my date for court.  The info you provided is most helpful and will come in handy when I finally do get that courtdate?

Only question: WHY does the government take 18 months [or more] before any disabled person can get their benefits?  After all, we worked HARD for our money.  When we become injured, we SHOULD BE able to get in in a very short time, shouldn't we?

My Friend in NH, tells me that anyone can get SSD within 2 weeks.  How come NJ takes more than 18 months?  Got an answer?

Shirley, NJ

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 March 17, 2005 4:28 AM

Shirley...First, your friend in NH is stretching the truth a bit. Second, the initial determination of SSD is done by the state and not federal government so NJ is going to be far more backlogged than NH because you have about 5 to 6 times the population.

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Thank You Rev Skull/From Shirley March 19, 2005 10:38 AM

THANK YOU EVER SO MUCH REV SKULL!  YOU ARE INDEED A WEALTH OF INFORMATION!

I have a friend that INSISTS that the federal government handles all disability cases and benefits.  I have TRIED to convince him that it is NOT the federal gov., but the state.  But he INSISTS it's  done by the federal government.  Maybe[?] when I show him you're [info], MAYBE[?] he'll reconsider??????????

Maybe..........?

Thank You Again, and Keep all that GOOD info comming in!  Appreciate it.  HAVE A WONDERFUL DAY!

sincerely,

Shirley W., NJ, USA

 [ send green star]
 
Thank You April 06, 2005 3:41 PM

For all  the info!!!  I am going for my interview tomorrow and am not looking forward to it!!!! 

 It's kinda funny, I really feel too sick and tired to go!! (LOL) 

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 April 08, 2005 3:19 AM

Crystal...That's the best time to go. I hope it went well!  [ send green star]
 
Applied for SSD and waiting April 10, 2005 6:52 PM

Hello Everyone. I just found this group and Im finding it very helpful. I live in NC and have just received my 2nd denial with fibromyalgia, lupus, sjogrens syndrome, raynard's, major depression, sleep apnea, osteoarthritis, degenerative bone disease, all verified by my current and former rheumatologists, neurologists, orthopedist,psychiatrist, psychologist, family physician,and physical therapist, since 1985 when I went into renal failure which was resolved soon after. I have continued to work thru the years will soon have my 50th birthday, have changed my work from manual labor for years to sitting at a desk for years and the reason for my denials are that while it is understood that I have some serious limitations it is still their opinion that I could do work that is less physical than what I have done in the past. My first immediate question when reading this explanation was "what is more sedentary than sitting at a desk?" the only answer I can come up with is lying in bed and Im not doing that for a job LOL! So now I have an attorney who will get a percentage of my money I earned and have had to suffer without for over a year now. If my husband were not so wonderful I would be on the streets seriously. I know my situation is not as bad as others as bad as it is. I tell others that if every orifice in my body had a tube in it they would still deny me benefits. It is to me a sign that this world is so ugly and just verifies the depression I suffer caused by events in my life and the horrific pain I endure daily. I cannot in my wildest imagination consider going to work now and this system I paid into is with holding my money I need to sustain my life. On the other side of this I have seen people who were not disabled get SSD reasonably easy. Example is a friends son sits at home selling drugs from his kitchen table, has never worked more than an hour in his life, no kidding, no exageration, and is receiving benefits. He waited and played the game for years and won his case last Christmas a total of $56,000 dollars and another $11,000 a few weeks later for his child. Within a week the man was calling my friend asking to borrow money because he had blown it all on drugs. This is all true and I have reported it to SS but nothing has been done, yet I am questioned and have to prove my disability to no end even to the point of losing my home and now my car. My husband and I are in fact filing bankruptcy all due to my disability and the inability to get what is due to me that I have worked for and earned to no avail. If I had received my benefits starting 6 months after I became so disabled I could not without a doubt could not work, we would not be in this situation. It is a terrible way to treat a veteran of the military, a woman, a mother, a human being.  [ send green star]
 
 April 11, 2005 4:33 AM

Rose...I understand completely. I'm a fellow Fibromite. You give that hubby a big hug and a kiss for me. I too depend on my spouse for support.

I'd like to invite you to join our Fibro and CFS group here:

http://www.care2.com/c2c/group/fm_cfs

 [ send green star]
 
A wonderful place for support April 20, 2005 5:15 PM

Hello all,
I am also a disABLED individual who knows that it can be difficult dealing with beauracracy. I was an advocate for the mentally ill, worked with the office for the disABLED and also worked with various persons with disABILITIES. I guess I can say I was one of those "lucky ones" in that I was approved the first time filling out the paperwork with my workers. I have also noticed that it is better if you have a case worker help you out with any of the forms.
Keep a smile on your face and love in your heart!

 [ send green star]
 
 April 21, 2005 3:37 AM

Bonnie...I seem to be following you around! Welcome to our group. This group was started by Diane & James and they have allowed me to co-host. Great to have another advocate aboard.  [ send green star]
 
Need help.. June 24, 2005 3:19 PM

Hi gang! I am hoping someone can point me in the right direction here. I am not on disability, but do plan on applying sometime in the future. I am a single mom, and on ACCHHS, etc.. through the state. I would like to get involed with section eight housing. I have heard a few different things about this program and one was the state of AZ is no longer doing it because the waiting list was so long they put the progam hold till they caught up. Where do I go to get the info on this? I went to www.housingaz.com and it was confusing and did'nt answer my questions   . Can someone tell me in plain English where I need to go? (I feel kinda stupid)   Thanks in advance! Penny  [ send green star]
 
 June 26, 2005 4:41 AM

Penny...Don't feel stupid. Sometimes navigating these sites is like trying to find your way through an old English hedge maze. You were on the right site but I don't know if you got to the right page:

http://www.housingaz.com/pha/phaprograms.asp

Almost all states have limited numbers of units available because of the changes in laws made during the Clinton years for Welfare/Workfare. Bush hasn't done anything to make things any better...in fact they continue to get worse.

There may be a long waiting list. Here in South Carolina it averages about 18 months. The state with the most Section 8 units (New York) also has the longest waiting list...up to 3 years.

The site does offer the ability to contact them with any questions. They may have alternative housing options.

 [ send green star]
 
Great info posted here July 28, 2005 11:54 AM

You guys have done a good job covering this subject.  I worked for the a county DSS in CNY.  We had a Soc. Sec. rep. visit us for clarification about referring clients for SSI and SSD.  She told us that at that time the gov't was "grandfathering in" middle aged women, who were disabled, w/o alternate support, and especially those without training allowing them to work (from our POV, they were unemployable).  That meant that those women would be passed the first time, even if their applications were weak.  It was a backdoor way of coping with all of the women, in that age group, who were scheduled to be kicked off PA as a result of the Personal Responsibility Act that the 1996 Congress demanded.  They would become inelligible for PA benefits after 5 years, in 2001.  So, many alternate plans, this was one of them, were designed to catch these people who would have no possible means of support.  At that time middle aged women (over 50-55), were the target of SSI in particular.  We were told to AP them if there was even a chance that they would pass.  From the county's POV it was advantagous to get them off the county budget and onto State and Federal budgets.  My point is that they do have target populations at various times.  And, it does effect how many times you are made to apply for benefits.

The advice so far has been right on.  Stress every symptom and diagnosis that you must deal with.  And, be sure to note all expenses that you incur regarding your illness: including time and money.  Also note people that you must depend on to function.  Make sure that they are prepared to be contacted for info about you.  Describe the ways that your condition prohibits you from doing the job that you last performed, interracting with your family and friends, participating in affilliations, and otherwise enjoying a normal life.  It's hard for us to talk about ourselves.  But, this is the time that you can let your ego take over.  Let it all out and don't be shy about telling the truth.  Don't hold back because of past experiences.  You are preparing an income producing presentation.  So, it's worth doing a good job.

(If you have student loans, NWM me and I may be able to give you info re.those.)

 [ send green star]
 
 July 28, 2005 3:19 PM

Dawn...

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 December 09, 2005 9:09 AM

What a fantastic thread!!! I plan to print it out and use it as a constant reference when filling out my first app. In CT, we have the option of going to the office, or filing online. I'd prefer to fill the forms out at my leisure at home, but this doesn't seem to be a choice. This thread will be invaluable to me, and anyone else, going through this process. Thanks so much all!

Daria

 [ send green star]
 
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