FILING YOUR SOCIAL SECURITY DISABILITY CLAIM

 

MISTAKES YOU DON’T WANT TO MAKE

 

 

Most of the following information was summarized from a website that can be found at www.about.com . It is in the health and fitness section.  Follow chronic fatigue syndrome to disability.  The following address may also get you there: http://www.chronicfatigue.about.com/library/uc/uc_sdavis15mist.htm

 

Scott E. Davis, Esq. And Scott M. Harris, Esq. have an excellent article on the above site entitled Winning Your Social Security Disability Claim:  15 Mistakes You Cannot Afford to Make!    These attorneys specialize in chronic fatigue syndrome cases.  Much of what they say can also apply to environmental illness/multiple chemical sensitivity/chemical injury cases.  It is recommend that the above article be read in detail at the about.com site.  Below is a summary with some additional information included.

 

  1. Don’t assume that Social Security employees are always correct in the advice that that they give you.  Be sure you check further regarding questions you have about your situation or claim.  An attorney experienced in your type of disability can be critical to winning your case.  If you need help in locating legal assistance, call the National Organization of Social Security Claimants’ Representatives at 1-800-431-2804 for a referral to an attorney near you.

 

  1.  Don’t assume that SSA will approve your claim because your forms were filled out correctly and you’ve met all the deadlines, etc.  Be prepared for a long, and difficult process.  If you are physically or mentally not able to do this, enlist the help of family members or a close friend.  Some claimants have been lucky enough to have their SSA caseworker help them with the forms.  This can be done over the phone.  A call to your local congressperson may result in help from their office staff.  If you have hired an attorney, it is still critical that you keep abreast of the developments in your case, keep copies of everything and be as helpful and informed as possible.

 

  1. Don’t assume that the info on your forms will win your case.  In most cases, medical records and the opinions of your doctors, psychiatrists and/or psychologists weigh very heavily in determining your ability to work.  At a hearing, if the judge doubts your word he/she may look for inconsistencies in the information submitted on your behalf and use that to deny your claim.  Be truthful.

 

  1. Don’t assume that your symptoms can be the basis for approval of your claim. “…detailed medical records which document your symptoms and limitations and specific opinions from your doctor, psychiatrist, and/or psychologist”, per Davis and Harris, are critical if you hope to win your case.  Regular visits to your treating physician are also vital to support your claim.

 

  1. Don’t assume that your diagnosis will be the basis for approval of your claim.  In addition to a diagnosis, SSA needs to know that your symptoms and limitations are severe enough to keep you from working.  Again medical records documenting symptoms, limitations and treatments are of utmost importance in winning your case.  A case is generally strengthened by multiple diagnoses.  Some diagnoses are more readily determinable as disabling than others.

 

  1. SSA is most impressed with mainstream treatments and mainstream doctors, which includes board certified specialists.  Your case is stronger if you are working with a specialist experienced in treating your condition.  Abnormal lab findings and other diagnostic tests that verify your medical condition are very important.

 

  1. Don’t assume that your Dr will support you in your claim for disability.  Find out as quickly as possible his/her position.  Winning your case depends heavily on medical practitioners who will support you disability claim in writing.  A local support group can be the source for a referral to a compassionate doctor.  Attorneys can also help with doctor referrals.

 

  1. Don’t assume that you have to go to the SSA doctor examination that has been set up for you.  Often their doctor is not experienced in your condition and will conclude that you are not actually disabled.  SSA rules, however, allow you to go to your own doctor…. but “this strategy really should only be employed by a disability lawyer because complex regulations are involved and must be complied with,” per Davis and Harris.

 

 

  1. Don’t assume that you have to wait a year before filing for benefits.  This is not the case.  In order to be approved for benefits, you need to have been either disabled for 12 months, your prognosis is that you will be unable to work for at least 12 months, or your medical condition is terminal.  File for benefits as soon as you and your doctors believe that you fit one of these requirements.  In order to be eligible for SSDI, to begin with, you need to have worked 5 out of the last 10 years.  Because it can take years to be approved, waiting could jeopardize your situation regarding this requirement.  Supplemental Security Income (SSI) is available for claimants who fall below certain income and asset levels who do not satisfy the work requirement to be eligible for SSDI.

 

 

  1. Don’t assume that you can just file another claim if you are denied at your first hearing.  Once a judge has ruled against you, it can be more difficult to win a future claim unless your situation changes substantially.  The best defense is a well-prepared case, using an experienced disability lawyer familiar with your medical condition.  Often an experienced lawyer can win a case with the initial application, so the sooner you hire one to work for you the better your chances are of having your claim approved.  In most cases, you will only pay a fee when and if you win and the fee is set by law.  In addition, an attorney can file for back payments after a claim is won, if SSA’s date for beginning benefits is not acceptable. 

 

 

Note:  Scott Davis and Scott Harris are attorneys who specialize in Social Security and Long-Term Disability claims.  More than 50% of their disability practice is devoted to individuals with Fibromyalgia (FMS) and/or Chronic Fatigue Immune Dysfunction Syndrome (CFIDS).  They are located in Scottsdale, AZ and represent clients throughout the U.S. 

 

Additional note:  Although your claim may have begun as Multiple Chemical Sensitivity be aware that this condition frequently overlaps with FMS and/or CFIDS.