I've been at this for over a decade and DBS and continue to work. Although I am very cautious and am psychologically sound in saying I am not giving up, I find my job becoming too strenuous and am (I can't believe I'm saying it) thinking about filing for Social Security Disability.
Any helpful hints are appreciated.
Get a lawyer . You will be denied at first.
I spoke with my doctor who referred me to a counselor who suggested applying for SSD otherwise I think I would have waited for the age of 65...I had o problem wit applying...the paperwork etc and wasn't denied....You have to know what is best for you about continuing to work or stopping...and have sound advice on your application for SSD...but the best advice..don't give up nor give in...it's about moving forward and making the best of any given situation. Let us know how you are doing. Casey in NH
Did your counselor provide you with documentation of disability? Did you have any testing to substantiate limitations? Did your counselor help with gathering doctor reports and other documentation? I was just thinking that the help of a good counselor/social worker could eliminate the need of a lawyer for some people.
A specific letter of ineligibility for Vocational Rehabilitation (VR) counseling services can provide excellent documentation of inability to work. Yet, if you really prefer to work, it would be great to be determined eligible for VR services & possibly get a job as a result of their services which include evaluation, training, job preparation, provision (if financially eligible) of needed devices & equipment, job coaching, & job placement. VR works hard to help their clients get jobs. VR funding depends on # of successful job placements & counselors are rewarded for # of placements made..
Here are some major things I discovered when I went through the disability determination process:
Unfortunately, there is a much better chance of being determined eligible with the help of a lawyer. Otherwise, barring severe & obvious cases, original applications & first appeals are denied. On the 3rd appeal, a hearing is granted at which you can better demonstrate in person that you are actually unable to work. You can bring witnesses & documentation to the hearing.
Lawyers charge no fees whatsoever if you are not determined eligible. If you are determined eligible, you pay a percentage of the total amount SSDI pays for every month from the date they determine you could no longer work to the eligibility determination date.There is a limit on the percentage a lawyer can take. A lawyer could conceivably move your case along slowly to increase the amount of the legal fee.
Doctor reports, letters, & responses on SSDI forms carry the most weight in disability determination. Most doctors delegate the task of filling out forms and writing letters to clerical staff whose responses are based on their own interpretation of the contents of a patient's file. Often, the file is lacking in specifics & details on your level of functioning. Clearly, this practice results in a great deal of inaccuracy within the documentation most heavily considered in determining eligibility.
Disability determination staff make highly significant mistakes in their own documentation, thus affecting quality of life for those who are clearly eligible & greatly contributing to government waste by wrongfully determining people eligible when they are actually ineligible. In my case, incorrect information was considered including a report from a doctor I never heard of & assumptions that are drastically contraindicated in my application materials. When I pointed out these errors, the only recourse I was given to correct their errors was for me to go through the lengthy process of another appeal.
Since my determination, I have come across a website with info from a manual used by SSDI determination staff. The manual includes criteria for eligibility. Info from this website & others could be used as an aid in filling out applications.Too bad staff isn't adequately equipped to accurately interpret honest unique application information. Instead of focusing solely on your own specific limitations that keep you from holding down a job, it is best to concentrate on making sure you have included ample substantiation of all eligibility criteria. Of course, access to specific criteria, makes it easy for applicants who are not actually eligible to be determined eligible.
I hope heads up on these issues will help you navigate SSDI's deeply flawed eligibility determination process more expediently than I was able to when I was unaware of this information. Since the process could take two years or more, I would get started right away. I wish you good luck.
I found that solid documentation is key. Gather all information required, including your medical records, your physician's letter stating your disability, and any other info required. File online and print copies for your records and to mail with your medical records. Set up a file and put a copy of all correspondence you send/receive in this file. This makes it easy to reference information if you need to. I did not have a lawyer and was awarded on my first submission. Joyable (above) has given you some good info as well. Remember fatigue is a PD symptom and since that is one of your major complaints be sure the physician addresses this in his letter. For me balance and falling would be key. Good luck.
GET A LAWYER and make sure your doctors are in agreement with you. In my case it was my Drs. who suggested I take the SSDI route; the thought had not really crossed my mind until then.
Good luck. I was denied Disability because I was a Mr Mom and didn't have enough work credits. I didn't bother to appeal. [How can you appeal this?] I get a modest SS check. I don't have any insurance so my entire future is in limbo.
I was one of the lucky ones. I was told to fill out the paperwork completely, oyherwise it would be denied. I filled out all the paperwork. The response I got back was an appointment with their doctor. I was approved right away! I understand this rarely happens, so I feel very blessed. Good luck.
Your experience sounds very similar to what happend to me. I had no idea about applying until my doctor told me that I would not be able to continue working and should apply. Keeping track of the paperwork is very important....Like you I consider myself one of the lucky ones.....
Believe me ...... I've done about everything I can to keep working over the last ten years including a year of struggling with 5 surgeries due to post-op infections to get the DBS up and useful. I don't sit well and never have watched any grass grow. I know I'm not going to be able to now, but I need to have some quality time instead of being beat up physically daily by trying to maintain my business.
The other thing to consider is the "weighted" formula to determine the $ received from SSDI takes an average reported to IRS over the previous 10 years. My statements have been consistently decreasing every year since diagnosis and don't see them increasing unless my PD is cured, in which are I wouldn't be needing the SSDI now would I!
Make sure that your PD doc considers you as disabled and your primary care doc. They will have to complete paperwork also. Get copies of all your PD tests, appointment reports, send them in personally, keep a copy of EVERYTHING and document all phone calls. Complete all the application forms, I did it on line and print out copies for your own records. File every bit of paper, it may come in handy. I did mine and all I had to do was see a psychologist that SSDI set up, and wait 3 months for a decision. No problem, first check 6 months later. I also checked in with the person they assigned my case to and checked to see what forms she was missing and could I help get them from the doc or my workplace. The process was tedious but not as scary as it seems. I know many people with PD that were not denied the first time. The psychologist appointment and testing was a little scary but by the end I told him that having the appt. upstairs with steep stairs and no elevator and having soft, sinking in chairs with no arms were not a good idea for appointments with PD clients. Hope I educated him because it really made me mad that he "set it up" that way. Moron!
It took me 21 months from the time I submitted my SSD forms 'till the month I was finally approved. Their final decision was addressed as 'fully favorable' in my case despite being denied twice with a subsequent third appeal hearing set to be scheduled with an administrative law judge sometime between 9 to 12 month after I was denied the second time. Needless to say, the 3 appeal with a law judge never took place as an attorney advisor with the SSA finally granted my case as 'fully favorable' based on ongoing supporting medical documentations by my 2 neurologists. I did have a specific social security law firm represent me from the beginning. I was granted approval for SSD this past February 2012. My initial date of permanent LTD occured in July 2009 but I did not filed for disability until May of 2010. SSA did scheduled me for evaluation with their own primary care physician, a neurologist and with a psychologist since I also have mild cognitive impairment before I was denied twice by them.
No matter how long it takes SSD to approve your disability, your case is always retroactive five months after you were initially declared disabled by your employer or physician. So your attorney's fees will most likely be paid by your retroactive income, on the average about $6K, and the SSD will pay them directly. Keep in mind that if you also are receiving a monthly income from your former employer's LTD insurance carrier, you are required to pay them back a portion of the income that they have been granting you which can amount to be a lot of money. In my case, I had to repay my LTD insurance co. a total of about $71K in back pay income after computing my individual portion plus any dependents I claimed [in my case 4 children]. Again this is retroactive money owe to you by the SSA since you became and filed for disability. In other words, your LTD insurance carrier expects to be re-compensated for income provided to you by them while you were awaiting approval by the SSA. Not to worry much here because SSA will pay you almost the same amount of money that needs to be payed back to your LTD insurance co. So whatever you do DO NOT SPEND ANY PORTION OF THIS RETROACTIVE INCOME! Save it in your savings or checking accounts as you will definitely have to fork it back to your LTD carrier almost immediately if any.The bottom line is that the huge amount of retroactive income that is due to you from the SSA will almost never be extra income for you to keep and deposit in your savings account. The governing rules/policies and the law implemented in conjunction with the SSA, your insurance co. and the government always ensures that the SSD beneficiary will never become rich due from any retroactive disability income; instead, whatever amount you receive as back income by the SSA will go back to your LTD insurance carrier and in return your insurance co. will now pay you the exact offset amount that SSA now provides you on a montly basis. The only benefit you do receive by this whole transaction is getting approved for medicare which in a way can save you quite a bit of money vs having to pay for a private health insurance policies but only if you eventually enroll in a supplemental medicare or medigap policy to help you cover the 20% medicare portion that is your sole responsibility. This way you help cover this 20% personal responsibilities by purchasing an additional policy thru medicare and it's participating insurance groups.. Additionally you can also expect to help cover for the plan D medication coverage which can help you save quite a bit of money if you're taking several and expensive medications daily.
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