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Thanks. I laid out in the allotted character-spaces how i was forced to stop my old job last February, and receive med. treatment, and then how day to day living went from there..Going for SSDI, I worked my whole life....
and how as that spiraled down.... My physician referred me to psychiatrist for depression and panic attacks. I never even knew what a panic attack was. Also, I never knew my throwing up when I get the Migraines was linked..
I hate to be such a ' victim' but disabling spinal condition and the never-ending, relentless pain that it causes is no joking matter. Attempting new treatment for pain management.
I didn't think it was suicidal to say I wanted to shoot myself in the head just to stop the pain from my neck and shoulder...it sounding like a solution, at the time...not depression.. does that sound like depression? Or maybe just desperation....out here where I live so many folks abuse pain meds doctors here are very very conservative about prescribing them.
Really hoping for SSDI in the next year so I can focus on some physical therapy, cant spend my life in bed!!
I've never been treated for anything my whole life except for c-sections when i had children 20 years ago, I've lived a Holistic, natural lifestyle before this spine injury...yet these alcoholic neighbors of mine, on sec. 8, and food stamps, none the less, seem always to have opiate pain meds just'because' they're stressed. Now that depresses me. My neurosurgeon said the whole island was under investigation for opiods or whatever so he was going only with anti-convulsants for nerve pain which does nothing for my torn rotator cuff injury...
Th pain clinic offered me Celebrex...I have a bleeding problem! What were they thinking those goofballs!! ...anyway, lol, this has been such a learning process, and I have a new found compassion for the eldely and handcapped and injured...
How and when did you incur a spinal injury? What is the nature of the spinal injury and what treatments, other than medication, have you pursued to alleviate the pain? How did you tear the rotator cuff and what, if any, treatments have you undergone to date? Are you receiving pain medications from both a pain clinic AND your treating physicians (red flag). You do not need to answer these questions. I have posed them to illustrate that allegations of pain are insufficient to be awarded benefits. These are a few of the questions I would have had if I were reviewing your file back when I worked for SSA.
I have a client who is 94 and never paid into Social Security. He currently is not working. Can he still get SSI?
There is an SSI attorney who advertises on TV that one can collect benefits even if they have never worked. I don't know what the details are but it would be worth checking them out. I would definitely consult with either an attorney or a counselor who specializes in the area. You might even be able to find out by looking at the SSI website. When I first began inquiring for myself, I found it to be helpful.
The attorneys don't charge a fee unless you win your case. I used an attorney after being turned down once. A friend went to a consultant who was not an attorney but was able to give advice and guide her through the process. He took a flat fee which was less than the percentage an attorney takes in a successful case.
There is an SSI attorney who advertises on TV that one can collect benefits even if they have never worked. I don't know what the details are but it would be worth checking them out. I would definitely consult with either an attorney or a counselor who specializes in the area. You might even be able to find out by looking at the SSI website. When I first began inquiring for myself, I found it to be helpful.
The attorneys don't charge a fee unless you win your case. I used an attorney after being turned down once. A friend went to a consultant who was not an attorney but was able to give advice and guide her through the process. He took a flat fee which was less than the percentage an attorney takes in a successful case.
Be careful here. It is illegal for anyone to collect a fee without SSA's prior approval. And if your friend's "consultant" did receive approval - I guarantee you it was the same amount that an attorney would have collected.
Be careful here. It is illegal for anyone to collect a fee without SSA's prior approval. And if your friend's "consultant" did receive approval - I guarantee you it was the same amount that an attorney would have collected.
They are disability advocates, not attorneys. My friend was not charged as much as an attorney would charge. I know because I used an attorney when I was denied my claim the first time. She went to an advocate as recommended by her social worker and paid much less. It all depends upon a person's situation. Of course, it goes without saying, even in the case of seeking an attorney the claimant should seek out one with the proper licensing.
They are disability advocates, not attorneys. My friend was not charged as much as an attorney would charge. I know because I used an attorney when I was denied my claim the first time. She went to an advocate as recommended by her social worker and paid much less. It all depends upon a person's situation. Of course, it goes without saying, even in the case of seeking an attorney the claimant should seek out one with the proper licensing.
I would advise readers to get a copy of the advocate's fee agreement (before signing) and take it home and compare it to the sample fee agreement that most advocates and attorneys use:
Prospective claimants should also ask about malpractice insurance. Losing a claim because the representative failed to meet a deadline can result in a loss of hundreds of thousands of dollars in future benefits. Both attorney and non-attorney representatives should carry sufficient insurance to cover that potential loss.
Attorneys will usually include additional language addressing representative fees if the case needs to be appealed to Federal Court. Non-attorney agreements will not, of course, include this additional language because non-attorney representatives cannot file an appeal in Federal Court. Ask the non-attorney representative what will happen if the claim is denied at the Appeals Council level, hopefully he or she has a good back-up attorney lined up for subsequent referrals.
I have seen good non-attorney reps as well as attorney reps. In general, they charge the same because they choose to use the SSA approved Sample Fee Agreement. (BTW, SSA collects a fee from the representative upon Agency approval). There are many, if not most, attorneys who will not collect the "flat rate" fee if the claim is won at the initial or reconsideration level. This is another question that can be asked of the potential representative at an initial consultation.
I would advise readers to get a copy of the advocate's fee agreement (before signing) and take it home and compare it to the sample fee agreement that most advocates and attorneys use:
Prospective claimants should also ask about malpractice insurance. Losing a claim because the representative failed to meet a deadline can result in a loss of hundreds of thousands of dollars in future benefits. Both attorney and non-attorney representatives should carry sufficient insurance to cover that potential loss.
Attorneys will usually include additional language addressing representative fees if the case needs to be appealed to Federal Court. Non-attorney agreements will not, of course, include this additional language because non-attorney representatives cannot file an appeal in Federal Court. Ask the non-attorney representative what will happen if the claim is denied at the Appeals Council level, hopefully he or she has a good back-up attorney lined up for subsequent referrals.
I have seen good non-attorney reps as well as attorney reps. In general, they charge the same because they choose to use the SSA approved Sample Fee Agreement. (BTW, SSA collects a fee from the representative upon Agency approval). There are many, if not most, attorneys who will not collect the "flat rate" fee if the claim is won at the initial or reconsideration level. This is another question that can be asked of the potential representative at an initial consultation.
I certainly am not arguing with what you are saying. Hiring anyone who calls themselves a professional or competent in his or her field without the proper vetting would be foolish. So it goes without saying that this should be done in whomever a claimant for SSDI benefits would choose to hire.
The first attempt usually is without an attorney and at that point it is helpful to have someone guide the applicant through the paperwork but people have done it on their own and have been successful. An SSDI adjudicator once told me that the venue often plays a role in the claimants case and a change of venue can be requested since these are federal funds.
In my situation, an attorney was needed to expedite my case which was complicated due to the rarity of my disabling illness. I hired one after my first attempt at claiming benefits was denied. In my friend's situation, the counselor who guided her through the forms was all that was needed. Many people are able to obtain SSDI benefits on their own. It is not the norm but it does happen.
I am both a paralegal and a health insurance claims adjuster now retired. I have seen many people deal with applying for SSDI in many ways. Usually they wind up with legal representation by an attorney but I just wanted to suggest here that there can be a few alternatives and that anyone needing to apply for SSDI would be wise to look into all of them for the many reasons that have been given here. The important thing is to thoroughly get all the options.
Filed my claim in Nov of 2013. 4 herniated disks, spinal stenosis, SI Joint dysfunction, I have 6 weeks of physical therapy, 2 neurologists, 2 anesteosologists, medical doctor, physchiatrist for depression and anxiety since October 2012. On so much medicine now I can barely function. I am 46 years old, for over 21 years I worked in clerical, customer service and a sales position for the same company . I received one packet from the disability asking for detail of how I am now. I cannot sit longer than 20 minutes, I can't stand longer than 30 minutes and I cannot even walk to mailbox and back without severe pain. I cannot lift anything weighing more than 5-10 pounds, I can't crawl, stoop or bend at the waist. I have help with housework and cooking twice a week. I have severe burns on my back from heating pad. The only relief I can get is to lay down 4 or 5 times a day. I am wondering how long can it take to get a decision. Yes I also have a disability attorney.
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