Filing for SSD

[londonteatime]

Hi all,
I have Lupus, RA, Fibro, ulcerative colitis, degenerative disk disease, and the host of auxiliaries like Raynaud's, vasculitis and migraines. I've been struggling mightily to work for the past two years and now realize I'm losing the battle. I'm a schoolteacher and have been absent 14 days already this school year, with countless other days when I left early and shouldn't have been there to begin with.

Although I"ve been taking all of the standard drugs, everything has been getting worse -- lately, my kidneys and lungs have been affected. I just had tests last week because my rheumy fears heart involvement, too.

Last summer, I called a company that handles SSD appeals and had a long chat with a representative. He said I have two big strikes against me -- my age (41) and my education level (BA and some grad. school). He explained how everything works and I told him about my conditions. He said he won't take a case unless he thinks it's winnable, so I asked him if he would take my case. He said yes, adding that it would be difficult to win but he thinks it's possible.

Should I give it a shot? I know I have to leave my job but I absolutely must hold on until February. I can apply for medical retirement through the Teacher Retirement System and if you work at least 4 1/2 months of the school year, they count it as a whole year of service for disability purposes. I will only have five years of service, which won't give me much of a monthly payment but it will provide my current insurance for five years and that's worth a lot! I've already spoken with the TRS people and they are quite positive about my claim.

Right now, I have enough money in the bank to survive for about two years if I'm frugal, once I stop working. Does it look bad if you stop working and immediately apply for SSD? Should I wait a few months? HELP!!!!!

Julie

[joannemc]

Hi Julie, If you apply, it does sound like you need a lawyer, my condition is not as bad as yours, and I did get ssdi, however I dont have the same education as you. If you go in front of a judge, they also have an educator in there. I forget what they call them, but after they hear your reasons for ssdi, the judge will ask the other person if there is any work you can do with your condition. Do you have a dx for your kidneys and lungs? Those are very serious. If you do get a lawyer your going to need all medical records pertaining to your condition. But most lawyers that Im aware of, wont take your case unless you have a chance. I wish you the best and hope things work out for you. Hugs...Joanne

[londonteatime]

Hi Joanne,
Thank you so much for responding!!! Good, I hope there IS an educator in the hearing room -- I've had so many people comment that teaching is the worst possible thing I could be doing with these diseases! I know that I will have to prove that there's no work I can do but I think that will be fairly apparent since I can't walk without assistance, sit for longer than 15 minutes because of my hip problems, or lift anything.

Could you explain the difference between having a lawyer and having a profesional representative? I have a lawyer friend who said he'd be happy to help me find a good lawyer whose specialty is SSD, but he warned me they can take up to 50 percent of the back-payments awarded. Representatives take 25 percent. That's a big difference, but if my chances are increased substantially with a lawyer over a representative, I guess it's worth it. How long did it take you to win your case?

Yes, my lung inflammation has been diagnosed and my rheumy just ordered a lung MRI which should show what's going on in even more detail. The kidney problem is Stage 1-2 nephritis. I have a TON of medical records and tests -- what is especially helpful is rheumy did a lot of baseline X-rays when I was first diagnosed and now I have more X-rays and MRI's showing disease progression so it's not just based on exam and symptoms.

I feel like I have a good case but I'm really worried. I don't know what I'll do if it's all completely denied.

Julie

[raggedyann1]

Julie,

Your lawyer friend is wrong about the fees. If you hire a lawyer the maximum they get is 25% up to a total of $5400. However there is absolutely no reason to hire a lawyer till you have been denied twice. I had a couple of legal clients, when I was working, who specialized in social security and workmans comp. I talked to one of the lawyers secretaries who I knew well and she is the one who said wait till you have been denied twice.

I will also tell you that you could get approved on initial application. I was 42 when I applied and had a BS in business management. I too was afraid with my age and education I would have a fight on my hands. It took 9 months instead of 4 but I never was denied.

I agree waiting till February and having health insurance for 5 years is definitely worth the wait if you can.

Talk to your doctors and see if they support you in this decision. The fact that you have kidney and lung involvement should make it easier as those 2 things are in the social security list of disabilities with lupus.
Take time now to look at the initial forms you will fill out so you can start collecting all the information you will need. It is also a good idea to get copies of all your medical files so you have a complete set at home. Some states will allow you to bring in your set when you apply which speeds up the processing.

Make sure you have <span style="color:#FF0000">copies of EVERY page of your application</span>

There is lots of other help pinned at the top of this forum and in older posts in this forum as well.

Take care,
Karen

[Pickles]

HI,

Go back and read everything you can under this forum...It does take a long time but hopefully you can get it soon. I've been thru it too, took me 2 years to finally get it, was denied twice and got an On The Record decision. Thats where when your file gets to the hearing office, they have enough info and go ahead and approve it.

Just hang in there and read all you can about it. Don't get a lawyer at first... If you're approved on the first try, he'll get some of the money. most people are denied once or twice. there are so many people trying to get disability, that social security is making sure that we're not faking it.

Good Luck,

[dudley]

Hi,

You have been given good and acurate advice by every one that responded to you. FYI I have a college education-and was 46 when approved. I was approved the 1st time with out a lawyer.

Best of luck Elaine

[londonteatime]

Thank you so much, Karen and Pickles! I have been reading the info here and it is SO thorough and helpful! Karen, you were right -- I got the 50 percent figure second-hand and it was clearly wrong!

Is it a mistake, then, to have a lawyer fill out my application? I need someone to do it since my hands are so swollen and sore and I have brain lapses sometimes. Can you trust that if SS helps you fill it out they will present everything thoroughly and completely? I hate to sound paranoid or cynical but if they're trying to prove that you are capable of work then they might not represent your case well on the application.

I have about a dozen confirmed diagnosis right now, complete with lab data and radiology studies.I'm not going for overkill here but they darn well have to understand how difficult everything has been for me! I'm in this vicious circle of getting kidney and lung infections, which means I have to stop my disease-modifying drugs, which then causes my joints to flare out of control. Beyond that, I've been having periods of extreme dizziness and brain lapses in which I can't remember siimple things or I write an entirely different word than I was thinking. The fatigue has been oppressive, too.

A lawyer's representative I spoke with today said the biggest task will be to prove to them that I can't work at all because they always try to claim you can work a few hours per day. He thinks I have a good case, though, despite my age (41).

Pickles, how does one survive for two years without income???? I have savings that will last nearly that long if I'm frugal and nothing bizarre happens but it's such a worry! I'm a single mum so there's no other income here.

Julie

Thank you, Elaine!!!! I'm sorry -- it took me so long to type my last message that you posted and I didn't see it! You have given me a lot of hope and I am very grateful. I have heard nothing but horror stories about the SSD process.

Julie

[dudley]

Hi,

I had a lawyer fill out my initial application. He got every thing wrong. He even said that I could did not speak English. Long story but we parted ( I fired him for gross incompetence).

Do you have a friend or family member who can help you with the forms? Can you do a little bit at a time?
There will be even more forms coming after the inital app. File ASAP. I know what you mean by the swollen hands. It took me over 4 days to complete the second batch of forms. I did not want to give a lawyer 25% of any back pay.

Good luck

PM me if you have any questions

Elaine

[raggedyann1]

Julie,

I agree with dudley not to have a lawyer do it. Friends or family are allowed to do it and somewhere on the application they sign or it says if you had help filling it out. I would think having help filling it out would also be a plus. I had been working on mine when they called with a telephone application earlier than i was supposed to. I told the clerk i didnt have all the doctors names and addresses and phone numbers yet. He told me don't worry we have most of the doctors in our computer. So the only one I had to find all the data for was my rheumatologist who is 70 miles from me.

What I didn't know was when I went in to sign the paperwork and give them drivers license or something that they wanted the worksheets I had started on. So if you do a phone interview make copies of anything you have prepared in advance.

Take care,
Karen

[confused1]

Hi Julie,

I'm not sure if my experience will be helpful or not. I applied first in August 2004, explaining that my disability dated to Jan. 2003. The process was non-eventful at first. I filled out the first applications. I had an interview and a harrowing exam by a psychiatrist. He was very kind, however. They turned me down in January of this year (I believe they almost always deny on the first round) and I missed a deadline to appeal. So I had to reapply. But they had the original records and I only had to fill out the application again and sign some papers.

At that point, my dr. agreed to write a letter supporting my claim. He said he would only write a letter after an initial denial because the first time around was hopeless. That was, um, memory is not great....several months ago. I got the letter on Saturday that my claim was approved. No back pay. The first month is already in my checking account.

I can't tell you the relief. And I can't tell you the grief. It is wrenching to admit to yourself and the rest of hte world that you are disabled. At least itwas for me. But now I can pay every one of my bills every month. We were surviving on my husband's income, but now I feel we have enough that I can start taking Cymbalta, which costs $50 each month on my insurance. It has been helpful for nerve pain in other people. I have been waiting months to start it, but not able to justify the extra monthly expense.

Julie, find a person to help you who isn't a lawyer. If you attend a church maybesomebody there. Or maybe a friend you trust.

And hang on. Don't despair if you miss a deadline. Just call them and start the straightening out process.

It isn't easy and I believe my experience was startlingly fast compared to most. Please don't be offended when I tell you that I deeply believe that prayer was the only reason I'm not still waiting. I am not a theologian who can explain why prayer is answered sometimes and not others. I only know there is no logical reason why my application is already approved.

I will keep you in my prayers, Julie. And if you need to vent, just send me a PM. I would offer advice, but I don't have any. Just hang in there and don't be afraid to lean on friends and family.

Hugs and prayers,
Sunny

[londonteatime]

Sunny and all,
Your comments and experiences help so much! Thank you for explaining about saving the lawyer! I get it now! I'm so glad y'all mentioned that because I would have thought it best to have the lawyer fill it out!

Sunny, Your post was so encouraging and upbeat -- thank you! Yeah, it is so very difficult to admit you can't work. Honestly, I should never have signed my teaching contract for this year but I was stubborn and determined. Now, here we are in November and I've missed 15 days and have had countless days that I dragged myself in and was of little use to my students. I submitted my letter of resignation on Monday, effective Jan. 9. I'll bet this was a relief to the administrators, too, because I was putting them in the position of carrying a person out of sympathy (and maybe a fear of the ADA).

I called a friend from church who had a bunch of folks offer to help me with the paperwork -- one of them a lawyer. He doesn't handle disability cases but just offered to assist as a friend. That's the best of both worlds! His wife has Lupus, too, and was denied but they decided not to appeal. She continues to work and do well, bless her!

I do believe in prayer, Sunny, and am honored that you are praying for me. I can't even pray for myself these days and feel like I'm in shock. I've had a lot of complications in the past month and it seems like every rheumy visit adds another problem and medication. I'm not angry, just numb.


Julie

[alobreto]

Hi, Julie! style_emoticons/<#EMO_DIR#>/wink.gif
I just wanted you to know that I wish you the best as you wade through the disability application process.

I agree that having a lawyer/friend to help you, especially one with lupus in his circle, really IS the best of both worlds.

Best regards,
Angela style_emoticons/<#EMO_DIR#>/flowers.gif

[londonteatime]

Thank you, Angela!!! I'm really praying that those in power who make my SSD decision understand and can see my life as it is.

It's getting worse and worse. I was home Monday through Wednesday this week and went back to work Thursday and Friday. Thursday wasn't too bad -- I was very tired and my wrists hurt so badly that I couldn't write or turn door knobs but I muddled through it. But on Friday, yikes! I was exhausted, my knees gave out and my intestines were so swollen that it felt like someone stabbed me repeatedly in the abdomen. If it weren't for the fact that the kids were taking standardized tests and I just had to sit there, I would have gone home. As it was, I sat at my desk, clutching my abdomen and silently crying. I didn't think I was going to be able to drive home but I did make it. I walked in the door, said hello to my son and went directly to bed.

I have already turned in my resignation, but it's effective Jan. 9. I'm going to try to finish out this semester but I honestly don't know if I'll be able to do that.

Julie

[raggedyann1]

Julie,

Can you be out on disability till Jan 9th and still get the health ins benefits?

Karen

[londonteatime]

I don't know, Karen. I need to figure something out because this just isn't getting any better! My next rheumy appointment is Dec. 5; he said at my last appointment that this is spiraling downward and agreed that I shouldn't be working so I don't think he'll have a problem signing me out of work.

Julie-Anne

[MBarbee]

HI,

I have been reading your posts and have some questions about myself. I, too, work in a school and have really been having a hard time this year. I was just diagnosed in June with Mixed Connective Tissue Disease and Fibromyalgia. Since then I also have been diagnosed with a hole in my heart and possible pulmonary emboli. I already have a congenital heart condition which has worsened from mild to moderate in the past two years. I also have degenerative disc disease and IBS. Test are still being done to determine everything that is wrong.. I drag myself to work everyday and then drag myself home to my recliner.
I would love to quit working but that would reduce our income to half of what it is now. I was told that I could only collect about $600 a month for SSI. How can someone live on that small amount?. My house payment is more than that and my house is 20 years old. Yes, I do have a husband who works but we have not been very wise stewards and have a lot of debt. I feel like it is useless to even think that I might not be able to work, yet I almost feel like the stress of making myself work is making me worse. I know that I need to stay in prayer about this, I know that the Lord will see us through, but right now things look pretty grim. I am afraid to quit financially, but I am getting to the point where I am afraid to keep working. My cardiologist told me not to work on bad days, but I do anyway. IT is so hard to find a substitute and then I feel like I am letting everyone down when I am not there. Also, afraid that they will find a reason to fire me if I don't show up for work.
Anyway, just confused and down right now. Thanks, for listening.

MBarbee

[londonteatime]

Hi MBarbee,
Have you paid into Social Security at all or Teacher Retirement? I'm have full credits with SS and only five years with TEacher REtirement but I'll be filing for both. I can't advise you on Teacher Retirement since the rules are different in every state. Social Security Disability pays much more than SSI does so it depends on which program you are applying for.

Gosh, with what you described, you really need to take care of yourself! That heart condition alone can be dangerous! What would happen if you collapse at school? They're not going to give you any extra pay or take care of you -- you need to do that for yourself! Are you a teacher? If so, do you have an aide or any other adult in your classroom? If not, that's dangerous because if something happened you would be at the mercy of those kids and they would be left unattended. You really have to have full faculties at all times when you teach and can quite honestly be sued if something happens in your classroom and you were too sick to handle it.

Please know I'm not trying to be mean -- I'm just trying to explain how serious the situation is. No one will remember that you went to work when you were critically ill the first time something goes wrong -- they'll blame you for using improper judgment. Several weeks ago, I was very ill and starting to believe I had pneumonia but I went to work anyway. In my last period class, I had a kid who was challenging me and causing major disruption -- I was too weak to deal with him so I referred him to the principal. Ha, the principal just wagged a finger at him and then asked me why I couldn't deal with the outburst! He said if I was too sick to handle the kids, I should stay home. Indeed.

They won't fire you for taking sick days. If they try to do that and you're a teacher, call the teachers union immediately. Most school administrators wouldn't do something so stupid because they know they'd lose in court.

Best wishes and DO take care of yourself!!!

Julie-Anne

[MBarbee]

Hi Julie-Anne,

I am not a certified teacher so that makes a big difference in what benefits I can get. I am paid a teacher's salary because I am supervising a department in the school I work in. I do have aides in the room with me at all times and they are aware of my medical condition.

You are right about them getting upset about being there when I am ill. Last year, before I was diagnosed I didn't feel well, but went to work anyway. While I was there I called the school nurse and told her how I felt, then I decided to go home. Well, I got in trouble because I drove myself home. They said for legal reasons I shouldn't have driven myself home and from now on all employees have to let the nurse know when they go home ill. Just to make sure they aren't too sick to drive.

I tend to be a very strong willed person at times which I think equals being stubborn. I guess I feel like I have to prove something although I'm not sure what that is, and I know it is foolish to feel like that. I will think about what you said very carefully. I will also share it with my husband. It is very good advice.

Thank you,
Mary Ann

[raggedyann1]

Maryann,

I thought I responded yesterday but its not here.

SSI is not the same as SSDI. SSI is welfare for disabled people who do not have enough work credits.
Depending how old you are you need X amount of credits to be able to apply for SSDI. For me I had to have 40 credits at least 20 of which happened in the last 10 years I think. The amount of SSDI you can collect is determined by the amounts you have paid into the system all of your working years. Go to http://www.socialsecurity.gov request a social security statement. The statement will show how much disability payments you would collect if you filed now, it also shows estimated retirement and payments for children if under 18 and you passed away.

SSI takes into account the entire income of the household SSDI does not. If you have minor children still living with you you will also collect 50% of your SSDI check for them. However SSDI takes time even if you aren't denied. My approval took 9 months even though you are supposed to have an initial decision within 4 months. Partly because my doctors were slow in sending things in and I continued to have new symptoms and doctors and kept telling SSDI about all new things medical with me.

It certainly sounds like your doctors will support your filing for disability. Do you have short term and/or long term disability thru your job? That is what we lived on waiting for my SSDI approval. I also cobra'd my medical insurance, yes it was expensive but not having it would have cost me much more in medical bills.

Take care,
Karen

[dudley]

Hi,

I thought I had responded to you also. I may have typed it out and never sent it.

Anyway who told you that you would only receive that amount? Once a year you should be receiving a statement from social security stating how much you will collect at retirement based on you current salary and past salaries, age etc. It also show you how much you should receive if you were to go out on disability know. You can order this statement through them. I beleive it is on their general web site. If not let me know and I will locate it for you.

If the number you were given is correct then you will probably be eligble for supplemental from your state. This number varies by state. If you are eligble you will receive medicaid and other benefits.

As Karen stated pick up COBRA unless you can get medicaid. If your insurance lapses for any time frame
it is almost impossible to get insurance and even at that they will not usually pay for any pre-existing conditions for 1 year. When my COBRA was exhausted I went on independent insurance. Yes it is expensive but my monthly payment for insurance probably does not even cover my blood work.

Elaine

[MBarbee]

Hi

I have received the Social Security Statement and that is the amount that I would get if I were to be disabled right now. Do you know how much per year of working it will increase? I have only worked full time for the past 6 1/2 years that is why it is so low. Before that I was a stay at home mom. The $600 is only 1/4 of what I bring home a month now. There really is no way that I could stop working right now. Maybe I could go somewhere and work parttime, but that still would be hard. I don't know what to do. I guess I will just wait and see.
Thanks for all you input and info.
Mary Ann

[raggedyann1]

Maryann,

If you still have children at home that would increase the amount that you receive.I don't know if it is 50% of pay per child or just 50% for all minor children. That is something worth looking into if you have kids at home. You only receive that amount until the kids turn 18.

Every quarter that you work increases your ssdi amount when those quarters are making more money than previous ones. Could you and your husband start putting aways bits of money in case? even $25 a week will begin to add up. I wish there were better answers.

Karen

[Mame37]

Hey, this is just a strange and weird sidebar, but as an educator, too, I found it really interesting. I'd have to search for where I found it before, but educators, especially K-12 teachers, are MUCH more likely to get an autoimmune disorder in the first place. They think it's because of all the diseases our lovely urchins bring in with them, as well as their often poor personal hygiene practices, that makes us get bacterial and viral infections more often, thereby offering the perfect trigger for an autoimmune disorder. Interesting, huh?

[londonteatime]

That IS interesting, Mame! And I teach on the Mexican border in Texas so we have all sorts of lovely diseases coming into our schools. TB, cholera, dengue fever, you name it. If you can find the article, do post it. I'd love to read it!

Julie