topic Re: Has anyone had experience with Social Security Disability attorneys? in Wellness

Has anyone had experience with Social Security Disability attorneys?

LilacTree — Sat, 20 Dec 2014 18:20:20 GMT

My second oldest daughter has been plagued with Lyme for half her life. It would come and go, she would get treated with doxycycline and be okay for a while, then the Lyme would resurface. The last two years, nothing has worked. She has "chronic Lyme Disease," a disease the CDC, the AMA, and most doctors deny exists. She is very ill, has not been able to work since early this past year, and is at the point of giving up on life. I will not go into what she has been put through by the medical profession and the insurance company, except to say they have completely demoralized her.

She finally went to an attorney to enlist his help in getting SS Disability, since she is unable to work. Once she said she had Lyme, he lectured and belittled her for two hours on "going to quacks," and insisted she was suffering from depression, that there is no such thing as chronic Lyme, something she has heard time and time again. She said she cried during the whole "interview" (which surprises me, as she never cries). However, she did leave him her file and signed a contract with him just to get out of the place. Also not like her.

I suggested she call and get her file back and try to find another, more empathetic attorney. She called his office the next day and told them she would be coming by for her file and not planning to work with this attorney. He then got on the phone and literally kissed her butt for 30 minutes, saying she "took him wrong, he was just trying to help," etc. She told him she doesn't need an attorney who doesn't believe she is ill, that she's had enough of that for two years. However, she decided to try him out after all after he made a lot of promises, including that he doesn't get paid unless she is successful in getting SSD. I don't trust him, but she's a grown woman and that is her decision for now.

She still plans to see a Lyme specialist in January and is hoping for a treatment that will help her. My daughter has aged ten years in the last two, and it breaks my heart all that she is going through.

Has anyone been through this SSD experience or know someone who has been successful in getting SSD? We know that Social Security will do everything they can to deny these benefits. My daughter worked for over 30 years, she is not a slacker by any means, she just has an illness that is not recognized by the medical community. By the way, she was diagnosed with Lyme, but by doctors who are not recognized and could actually lose their licenses as MDs if they are discovered treating "chronic" Lyme Disease. It's pretty unbelievable.

Re: Has anyone had experience with Social Security Disability attorneys?

shwarma — Sat, 20 Dec 2014 19:00:30 GMT

Good luck.

Re: Has anyone had experience with Social Security Disability attorneys?

RedTop — Sat, 20 Dec 2014 19:00:40 GMT

Ford, I no longer believe Social Security does everything they can to deny benefits, but have seen thru 4 members of my family that the process is much easier when there is an extensive medical history, prior to filing. It took my Dad five years to get his SSD with an attorney. Dad had surgery for colon cancer, which turned very complex, and caused another condition he was not being treated for, to worsen. Therefore, he had to build a medical record on that condition, which took years of doctor visits and testing. My Dads condition was quite visible, and every doctor he was sent to thought it was ridiculous he had not been approved for benefits yet, but with their help, Dad built a strong medical record of his physical condition, and received full benefits. My husband has been receiving his medical care thru the VA system for 14 years, and has an extensive record of his health issues. We applied for his SSD online, and had a letter of approval before 30 days, since all the documentation they needed was in the VA files. My brother sustained a major farm injury several years ago that nearly killed him, but during testing, doctors found a cancerous tumor that would never have been found without the extensive testing from the accident. The tumor was removed in an early stage, and the prognosis is good. My brother applied for SSD 18 months into this ordeal, and was approved for benefits within 30 days as well. I strongly feel that a clear medical history is the key, and if that exists, I do not see the need for an attorney. My best wishes to your daughter with her health issue, and this application for benefits.

Re: Has anyone had experience with Social Security Disability attorneys?

LilacTree — Sat, 20 Dec 2014 19:11:25 GMT

On 12/20/2014 RedTop said: Ford, I no longer believe Social Security does everything they can to deny benefits, but have seen thru 4 members of my family that the process is much easier when there is an extensive medical history, prior to filing. It took my Dad five years to get his SSD with an attorney. Dad had surgery for colon cancer, which turned very complex, and caused another condition he was not being treated for, to worsen. Therefore, he had to build a medical record on that condition, which took years of doctor visits and testing. My Dads condition was quite visible, and every doctor he was sent to thought it was ridiculous he had not been approved for benefits yet, but with their help, Dad built a strong medical record of his physical condition, and received full benefits. My husband has been receiving his medical care thru the VA system for 14 years, and has an extensive record of his health issues. We applied for his SSD online, and had a letter of approval before 30 days, since all the documentation they needed was in the VA files. My brother sustained a major farm injury several years ago that nearly killed him, but during testing, doctors found a cancerous tumor that would never have been found without the extensive testing from the accident. The tumor was removed in an early stage, and the prognosis is good. My brother applied for SSD 18 months into this ordeal, and was approved for benefits within 30 days as well. I strongly feel that a clear medical history is the key, and if that exists, I do not see the need for an attorney. My best wishes to your daughter with her health issue, and this application for benefits.

Thank you Red Top. My daughter's file is almost two inches thick of tests, CT scans, MRIs, bloodwork from at least four different labs, including the one that finally diagnosed her with chronic Lyme Disease. Plus how she looks, which is dreadful. If that isn't enough, then she goes without and we, as a family, will help support her (as I have already been doing to the best of my ability). I don't have much faith in this attorney, as I said, but perhaps he's good in court and will try hard to get paid.

I have often said that unless one has one of the top five diseases, their chances of getting good medical treatment is low. If a doctor does not know how to treat a disease (as in the case of chronic Lyme) it's much easier for them to say it doesn't exist, particularly when the CDC does not recognize it.

Thanks again.

Re: Has anyone had experience with Social Security Disability attorneys?

betteb — Sat, 20 Dec 2014 19:25:10 GMT

This is what the CDC now says about Post Treatment Lyme Disease Syndrome.

http://www.cdc.gov/lyme/postLDS/

This pretty clearly says it is a recognized illness. Maybe referring to it by it's clinical name would help when dealing with doctors, lawyers and SS.

Re: Has anyone had experience with Social Security Disability attorneys?

Jova — Sat, 20 Dec 2014 19:26:25 GMT

Yes, I have been through it from start to finish with a family member and 2 friends are on it. There must be a history of a chronic mental or physical condition that will not allow you to work ever again, and it has to be documented very carefully. Physicians opinions will way very strongly in your case, and it has to be shown that your daughter has tried repeatedly to hold a job and cannot due to her illness. You also need to show the secondary effects the illness has caused. I.E. If someone is on very heavy medication and cannot function well on a daily basis, it needs to be documented.

Keep in mind, the income from SSDI or SSI is not usually enough to live on by yourself.

She needs a tough lawyer who believes she is really ill, and someone like you to advocate for her with her doctors and through the paperwork. Make sure she sees well-respected physicians that are experts in their field or at least have a very strong knowledge of how the disease limits your daughters ability to work.

This may be a very tough case, but hopefully your daughter can win.

Re: Has anyone had experience with Social Security Disability attorneys?

LilacTree — Sat, 20 Dec 2014 19:39:38 GMT

On 12/20/2014 Jova said:
Yes, I have been through it from start to finish with a family member and 2 friends are on it. There must be a history of a chronic mental or physical condition that will not allow you to work ever again, and it has to be documented very carefully. Physicians opinions will way very strongly in your case, and it has to be shown that your daughter has tried repeatedly to hold a job and cannot due to her illness. You also need to show the secondary effects the illness has caused. I.E. If someone is on very heavy medication and cannot function well on a daily basis, it needs to be documented.

Keep in mind, the income from SSDI or SSI is not usually enough to live on by yourself, and your daughter won't be able to work even part time ever again.

She needs a tough lawyer who believes she is really ill, and someone like you to advocate for her with her doctors and through the paperwork. Make sure she sees well-respected physicians that are experts in their field or at least have a very strong knowledge of how the disease limits your daughters ability to work.

This may be a very tough case, but hopefully your daughter can win.

Thank you Jova. I truly appreciate your pragmatic response. I know this will be a tough case and so does she. We may end up pooling our resources and buying a "commune" type house where we can all live together. We are family and she will not become a statistic . . . not as long as I am alive, and her sisters feel the same way. She doesn't deserve it, she is a sweet, loving person without a mean bone in her body.

Re: Has anyone had experience with Social Security Disability attorneys?

Kcubed — Sat, 20 Dec 2014 19:45:51 GMT

If she has worked over 30 years, could she possibly retire? What profession was she in before her illness? Will she draw a pension when she retires? If so, that may be more money than she will get from SS.

Re: Has anyone had experience with Social Security Disability attorneys?

LilacTree — Sat, 20 Dec 2014 19:48:51 GMT

On 12/20/2014 betteb said:
This is what the CDC now says about Post Treatment Lyme Disease Syndrome.

http://www.cdc.gov/lyme/postLDS/

This pretty clearly says it is a recognized illness. Maybe referring to it by it's clinical name would help when dealing with doctors, lawyers and SS.

Thank you, betteb. I believe she is aware of this article, and the name that the CDC is now calling it. However, I think they are still researching a "vaccine" rather than a "cure," and obviously a vaccine is too late for her. I did forward this to her today though. Thank you again. Everything helps.

Re: Has anyone had experience with Social Security Disability attorneys?

Jova — Sat, 20 Dec 2014 19:55:21 GMT

Your daughter may get a decent amount of money from SSDI monthly since she did work 30 years. The fact that she has worked so many years may be viewed very favorably. Even if you do get denied the first time, fight it. That is how I helped a family member win SSDI, we didn't give up because we knew they could absolutely could never work again.

This is a draining process, so be prepared. Be prepared to be denied and have to appeal.

Make sure all your daughter's documentation is filled out accurately.

Re: Has anyone had experience with Social Security Disability attorneys?

Jova — Sat, 20 Dec 2014 20:01:11 GMT

One more thing, which you may already know is that SSDI is retroactive. That money can be very helpful with expenses.

Re: Has anyone had experience with Social Security Disability attorneys?

betteb — Sat, 20 Dec 2014 20:08:09 GMT

On 12/20/2014 Ford1224 said:
On 12/20/2014 betteb said:
This is what the CDC now says about Post Treatment Lyme Disease Syndrome.

http://www.cdc.gov/lyme/postLDS/

This pretty clearly says it is a recognized illness. Maybe referring to it by it's clinical name would help when dealing with doctors, lawyers and SS.

Thank you, betteb. I believe she is aware of this article, and the name that the CDC is now calling it. However, I think they are still researching a "vaccine" rather than a "cure," and obviously a vaccine is too late for her. I did forward this to her today though. Thank you again. Everything helps.

It does say that right now, not much can be done, other than treat the symptoms.

Something another poster said, "you can never work again" is not true about SSDI. It is that your disability is expected to last more than 1 year. I helped someone get it while taking cancer treatments and that is the way it was presented to SS, because cancer docs don't like to say that the disease will eventually end in death. The Dr told SS that the ongoing treatment would disable him.

Re: Has anyone had experience with Social Security Disability attorneys?

LilacTree — Sat, 20 Dec 2014 20:18:50 GMT

On 12/20/2014 kcubed said:
If she has worked over 30 years, could she possibly retire? What profession was she in before her illness? Will she draw a pension when she retires? If so, that may be more money than she will get from SS.

She has been working since she graduated high school in salons as a hair stylist. She cuts and blow dries only and always has, but still surrounded by chemicals which her doctors have told her she can never put herself in that environment again. She is 50 now, next month will be 51. She has no other skills, such as any type of sit-down type job. And her brain fog symptoms dictate that it would be hard for her to learn anything new, let alone that anyone would hire someone that age in a new profession.

No pension, no 401k, no . . . nothing like that. She was always at the top of the game in a low paying profession. Her tips were always high, but still not enough to support herself after she had two children. Salons, like restaurants, get away with a lot. There's a lot to her story that I don't want to repeat here. She will always need help, perhaps from her children once they are out of college. But right now it's us, and right now it's her health above all else.

Re: Has anyone had experience with Social Security Disability attorneys?

LilacTree — Sat, 20 Dec 2014 20:23:34 GMT

On 12/20/2014 Jova said:
Your daughter may get a decent amount of money from SSDI monthly since she did work 30 years. The fact that she has worked so many years may be viewed very favorably. Even if you do get denied the first time, fight it. That is how I helped a family member win SSDI, we didn't give up because we knew they could absolutely could never work again.

This is a draining process, so be prepared. Be prepared to be denied and have to appeal.

Make sure all your daughter's documentation is filled out accurately.

We have heard this. The attorney came right out and told her (exact words) "Social Security is not your friend."

Re: Has anyone had experience with Social Security Disability attorneys?

Jova — Sat, 20 Dec 2014 20:26:15 GMT

Something another poster said, "you can never work again" is not true about SSDI.

I should have phrased that better! You can go back to work again if you get better, but you can't work part time and collect SSDI or SSI, and many people can never work again that apply for it.

Make sure you are very organized with all of the paperwork and documents you need. I would say dedicate a file drawer for the SSDI process. If your daughter is in a mental fog, make sure that goes on the report for SSDI. It means she cannot function at any job. You may need to put it in better terms though, like she is extremely lethargic most days and has cognitive impairment.

Re: Has anyone had experience with Social Security Disability attorneys?

LilacTree — Sat, 20 Dec 2014 20:44:51 GMT

On 12/20/2014 Jova said:
Something another poster said, "you can never work again" is not true about SSDI.

I should have phrased that better! You can go back to work again if you get better, but you can't work part time and collect SSDI or SSI, and many people can never work again that apply for it.

Make sure you are very organized with all of the paperwork and documents you need. I would say dedicate a file drawer for the SSDI process. If your daughter is in a mental fog, make sure that goes on the report for SSDI. It means she cannot function at any job. You may need to put it in better terms though, like she is extremely lethargic most days and has cognitive impairment.

Thanks again, Jova. We both have copies of everything and she keeps me well informed on what is going on. Some days she won't (can't) even talk, she is so deeply depressed and in a funk. She has very strange symptoms. And she gets told all the time that she needs meds for depression. She took antidepressants for years throughout her marriage, and they only made her worse. She hates them. At one point her "psychiatrist" had her on three different antidepressants.

As most people with autoimmune diseases will tell you, "I'm depressed because I am sick, I am not sick because I'm depressed." But it falls on deaf ears.

Frankly, I believe we are in an epidemic of autoimmune illnesses, mostly borne by women, and no one knows why. One of my other daughters is an IT who works in five different hospitals every day. One of her friends is an ER doc whose wife has "something," they don't know what. He has admitted to my daughter that he does not know what she has or how to treat her. She, also, is extremely ill and only in her 30s.

Re: Has anyone had experience with Social Security Disability attorneys?

scotnovel — Sat, 20 Dec 2014 21:07:37 GMT

Two friends of mine applied, and were approved, but their experiences were very different.

One, after 2 bouts of stomach and esophageal cancer, and a poor prognosis was approved within a couple of months (in late 50's) without using any attorney. At age 63 he had another bout of cancer but is still hanging there and is doing much better than expected.

The other friend (59ish when applied) has multiple chronic issues, including fibromyalgia which is not recognized by all physicians, but nothing with a critical prognosis. She used an attorney and it took about 2 years before she was approved.

Re: Has anyone had experience with Social Security Disability attorneys?

Gokat — Sat, 20 Dec 2014 21:12:18 GMT

I've been through the whole process with an attorney...and had to appeal. The attorney actually only acted as a go-between to SSD, and I was ultimately responsible for the award when I was asked to write a letter to the JUDGE and he approved the case.

Even with an attorney, I had to do all the organizing of my medical records and fill out all the forms...and with my disability that was no easy feat. To be honest, unless your daughter can line up with an attorney that's been successful with her exact diagnosis, I don't see the point.

There's a reason why your daughter's attorney did such a turn-around and kissed her derriere...It's the 25 per cent fee he's charging from what she's initially rewarded!! He can be very friendly now.

If you are in a position to do this on line, I'd recommend it. That was not available to me at the time or I would have. You'll have much better control over what's submitted and know where things stand as they proceed. No one knows her case as she does.

Your daughter is very fortunate to have you and her family supporting her. My heart aches for you all, and I hope you can work through the process together for a timely and positive outcome.

Re: Has anyone had experience with Social Security Disability attorneys?

NYwoman — Sat, 20 Dec 2014 21:20:59 GMT

To get SSD/I you must be able to prove that you cannot work a substantially gainful job for more than 1 year. You can be treatable and can be curable.

The SSA Blue Book determines the conditions that can be considered as disabling. They use doctors' tests, records, diagnoses as the determining facts. You MUST go to a Lyme Disease or Infectious Disease specialist. Lyme can lead to Hep C, so look into that, also.

I have seen SSA grant disability to a Lyme victim but he went blind from it.

A good reference for an attorney who specializes in SSD/I is an organization called NOSSCR. Look them up. There are good and bad attorneys in all areas. This case can be a hard case to win and some attorneys may not take it as they get paid if they win. It is also time consuming. A client's cooperation and willingness to work to win the case is key.

Some Lyme cases are not completely disabling or will be disabling for a lifetime. Realistic expectations and a desire to live with and overcome the symptoms is important.

Re: Has anyone had experience with Social Security Disability attorneys?

LilacTree — Sat, 20 Dec 2014 21:27:11 GMT

On 12/20/2014 gokat said:
I've been through the whole process with an attorney...and had to appeal. The attorney actually only acted as a go-between to SSD, and I was ultimately responsible for the award when I was asked to write a letter to the JUDGE and he approved the case.

Even with an attorney, I had to do all the organizing of my medical records and fill out all the forms...and with my disability that was no easy feat. To be honest, unless your daughter can line up with an attorney that's been successful with her exact diagnosis, I don't see the point.

There's a reason why your daughter's attorney did such a turn-around and kissed her derriere...It's the 25 per cent fee he's charging from what she's initially rewarded!! He can be very friendly now.

If you are in a position to do this on line, I'd recommend it. That was not available to me at the time or I would have. You'll have much better control over what's submitted and know where things stand as they proceed. No one knows her case as she does.

Your daughter is very fortunate to have you and her family supporting her. My heart aches for you all, and I hope you can work through the process together for a timely and positive outcome.

I agree with you so much on this. She is convinced she needs an attorney because "her brain isn't working right," and she tries to limit what I feel I could do for her. Actually she does understand more about her condition than I do. There are so many aspects to Lyme and the other autoimmune issues associated with it, like processes in the body that need to work but are blocked by affected substances in the body that I can't even pronounce, let alone understand. However, as you stated, I don't believe this attorney understands any of it either, and she needs an informed advocate.

I am hoping the Lyme doctor she is scheduled to see in January will be able to formulate a diagnosis for her that will explain what is wrong . . . the problem is he cannot divulge who he is or he could lose his license to practice as an MD. I can't believe that! It boggles my mind! Not allowed to practice something one is expert at that others deny exists because they don't know how to treat it? . . . just does not compute with me!

It is horrifically frustrating.