Evening friends. I just received notification of my upcoming Social Security Disability hearing. I’m a stage 4’er who got downsized just prior to turning 62, I diligently sought employment as a sales manager but ultimately went on unemployment as well as social security to make ends meet after 3 several months of unsuccessful career searching, Shortly thereafter I was diagnosed with PC and went on regiment of , prednisone and lupron. Quickly found out that the side effects I experienced, and continue to live with, made assuming a full time position out of the question. Looking for any guidance, thoughts and experiences from anyone who’s gone through the SSD ordeal here in Ohio. As always, many thanks for your time, input and consideration.
SS Disability hearing: Evening friends... - Advanced Prostate...
SS Disability hearing
If possible, hire an attorney. It's well worth it.
Correct, any cost for attorney is paid out of past due benefits if you prevail in your petition. If you do not prevail, the attorney gets nothing from you or SS. If you do prevail attorney receives approximately 6,000 total of as I mentioned past due benefit. If you prevail, monthly benefit is due you from date of initial application.
You may know too, after 2 years on SSD, you qualify for Medicare,,,also that your monthly check is based upon your full retirement age benefit,,,not the lesser amount that you receive for taking early. Full retirement age is about 66 years.
Given your diagnosis, you should qualify,,,an attorney can help assure that you do. You need an attorney that specializes in SSD.
I got mine approved without an attorney, but they put me through a lot of crap that would have been avoided with an attorney. It seemd like their goal was to find a way to deny me the benefits that I PAID FOR.
If I had to do it again, I would definitely get an attorney. I've learned a lot I could share about the process, but that's probably the most important thing I learned.
Wow! Solid. Two excellent counseling friends and a legal-beagle? Your way ahead my man.
Another blessing of being part of such an amazing group of people. Thanks to all for sharing your thoughts and experiences. Wasn’t sure what to expect at the hearing.
My heart goes out to you. I can't imagine what you are going through. Good luck.
I had no problem getting approved. I think it’s easier when you move to second level meds, like Zytiga, after my PSA started to rise again.
I read somewhere on the internet that using key words helps get approval. In the application, use words like stage 4, metastatic, advanced prostate cancer, recurrence, secondary medications, etc. and also make sure you detail the symptoms or side effects you deal with every day. (It took me at least 4 hours to fill out the application.)
I guess the reality is that the approvers are not well educated on our illness, so they look things up in a book (called the blue book - which is online). So leading them not only helps them be properly informed, it also helps get SSD approved.
I had one telephone interview - a very nice and compassionate fellow - and it was approved a few weeks later.
Good luck!
James
Great feedback! Much appreciated!
It was a breeze for me because I had mets to bladder and tubes out of kidneys .Im told that if you have mets to organ it’s a shoe in. It was in my case . Of course I hope that you don’t have mets to organs and that they take care of you like you deserve . You paid into this ..
3putt, I just won my case after 2 denials using an advocate. I then found a local attorney and as others mention, by law they collect $6000 or 25%, whichever is less. You will have to provide a lot of information and they will also get all of your medical records. Once I hired attorney it took another year+ to get a hearing with a federal judge. (I live in a small town out west). I had hearing in mid June and determination in mid August. You definitely should use counsel who know the ropes. And also correct that you will be put on social security at end of SSDI. You then have a choice to continue or suspend and resume benefits at a later (and higher rate) date.
Typically, but not always, the closer you are to retirement age the easier their decision because you’re not asking for much. Also, there is a 6 month waiting period before benefits are allowed plus they will only go back 12 months from date if your application. That may not matter in your case. Good luck.
Oh, and switch to the claw grip to eliminate the 3 putts.
Thanks and thanks too for the grip tip! Unfortunately, my entire game is the the crapper. Loss of muscle mass along with other side effects continues to play havoc with swing and concentration. Next season will stick to shambles & scrambles!
Are you already receiving reduced SSA based on retirement? SSA disability (DIB) benefits are usually based on the amount you would have received if you retired at your full retirement age (FRA). If you’re already receiving reduced retirement (RIB) benefits, your disability benefits may not be the full Federal Benefit Rate (FBR). If your disability onset date is later than the first month you started receiving reduced RIB, your DIB (same as SSDI) will be reduced by the number of months you have already received reduced retirement benefits, at the rate of reduction of 5/9 of 1% per month for each month you received a reduced retirement benefit ...UNLESS SSA establishes a disability onset date for you which is prior to the first month you started receiving reduced retirement benefits, in which case they would retroactively recompute your benefits to the higher disability, and (for the retroactive months) pay you the difference between what you already received in retirement
Your post sort of implied that you don’t feel you can work full time. Can you/are you working part time? If so, and if you earn over $1220 per month your claim will likely be denied based on your ability to do substantial gainful work activity (SGA). An SGA determination is the first step in the disability process. If you can do SGA they process a technical (I.e. non-medical) denial, and they don’t send your claim to the DDS for a medical determination of disability.
Disability hearing? Have you already filed and been denied at the initial claims level? Many attorney (and non-attorney) representatives will not even take a case at the initial level because there’s no money in it for them. Under the SSA disability laws their compensation is nearly always capped at 25% of the RETROACTIVE benefits or a maximum of $6000. So, if you have no retroactive benefits, they will get nothing. However, In some cases they attorney/non-attorney rep can also petition for additional money for their out-of-pocket expenses, so be very careful about the contract you sign with them. Those extra fees can be considerable, are not withheld from your retro SSID benefits. You pay those directly to your rep.
To clarify a misconception...The medical determination is made by a State Disability Determination Service in every state, with SSA oversight and review. The disability examiners are highly skilled and knowledgeable in all medical disability issues, especially as they relate to SSA’s rules and regulations. They have their own staff of doctors in each medical specialty who review each case before approval or denial. For us with PCa the case would usually be referred to an oncologist. I spent 5 years of my SSA career in a Regional Office component called Disability Quality Branch. We did medical reviews of a sample of the DDS claims. Like the DDS, we had our own staff of doctors in every specialty with whom we consulted before we made our decisions to either confirm or rebut the DDS decision, or return it to them for additional development.
Also, it does help to make specific statements using “buzzz words” like Metastatic and Stage 4, etc. Also be sure to include ALL of your disabling conditions, not just PCa. If you have diabetes, COPD, cardiac problems, or any other comorbid condition be sure to put it down on your disability report. If it’s not there, they won’t consider it. If it is there they are required to develop it. However, the buzz words aren’t a guarantee your claim will be approved. They still have to get your medical records.
Another misconception...monthly benefits are not always paid to you as of your application date. They can go up to 12 months retroactively from that date, or it may be a date after your application date.
I’ve run on enough here. There’s so much more to it, and Medicare is another subject. Medicare has a24 month waiting period after you start receiving SSID.
If you get a diagnosis of bone progression to stage 4, you will be approved immediately. Find a doctors note on a visit that says that.
I have not gone through the ordeal in Ohio.
I have written hundreds of medical consultations for persons seeking SSDI. My reports have helped many, and I work hardest on the marginal ones. (I am not seeking work here.) The secret: most primary care physicians do not have a clue about the language they must use to convince the hearing officer/judge. They speak in doctor-talk and assume/require the judge to interpret. That is lazy and that seldom works. YOu cannot just name a diagnosis and expect to prevail. You have to be explicit about how that diagnosis affects work capacity. You have to be explicit about how the side effects or direct effects of the medications affect work capacity. If your doctor(s) fail that, they fail you. Real simple.
I am also a stage 4 with bone Mets denied my claim the first time before I even got home from the SS office I did it again and got a phone interview set my paperwork and the doctor's prognosis and I was approved in two weeks I'm only getting what I would get at 65 years old I'm 64 but I do get excuse me I'm 63 but I do get the Medicare at 64 in six months I've been self-employed and kind of get my money up front so my social security is only a thousand a month but it beats a Peck in the head with a sharp Rock good luck
Have an attorney as your caddy....
Good Luck, Good Health and Good Humor.
j-o-h-n Friday 09/06/2019 7:48 PM DST
Make sure you don't tell them that you can't do work in your previous career field. You have to convince them that you can't do a regular job in ANY kind of work!
Sounds like time to lawyer up? My first thought was you can cancel SSA and pay back the benefits they paid to you so you can go for the higher SSDI payout. If you can afford to do that and wait for approval. Litlerny really has the knowledge. Dadzone43 also had great advice. Don't listen to me. Had advocate for wife's case. Worked out really well. Sounds like the amount advocates/lawyers has gone up. Let them do the stress, if they think you have a case. Good luck.
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