I thought this would be a great topic for my first post. I have been diagnosed with Fibro for the past 4 yrs. I already had applied for SSDI prior to being diagnosed. The ruling came down and as I gave my affidavit over the phone, I told my attorney that I had been diagnosed the day before. He included that information. I can only assume the reason I've yet to get one of those reviews is because Fibro multiplies any and every thing wrong with you.
It's only been recently that I found a Facebook group about Fibro. Maybe because it's only been recently that I needed validation for the way I've been feeling. But that's a different post. It's this particular FB page that made me want my first post to be about SSDI. People have commented about the ads being posted regarding SSDI and how attorney's are trying to scare people.
Let me say it's not scary to apply for SSDI. What is scary is when you get turned down or they take as long as possible allowed by law to make a decision.
Lets get all the negative feelings out right now. After winning my claim, even after the whole process, the not knowing how to make my mortgage, not knowing how I was going to feed my animals and so on and so forth, I felt guilty for being disabled. I was only in my early forty's and my mind has so much more life to live, even if my body was saying no! I felt so guilty. It took me several years to come to terms about it. I had been working since the age of 14. I served in the military. I always had a full time job. I always made a good salary and paid into the system.
It's that last bit I continued thinking about. I paid into the system. It is a benefit I paid for, not an entitlement. The guilt slowly went away.
It's not your fault you can't work. They show these smiling and beautiful women on tv taking a specific pill once a day and how they can continue working with a smile on their face.
Ahem, bullshit.
Ok, now that we have that out of the way.
Everything you've heard or read about trying to get disability benefits are true. People have lost their homes waiting to get the very thing they've paid all their lives into getting. But it doesn't have to be that way.
From start to finish, it took me a year. Now I'm not going to tell you that it will be that short of time for you. I'm just telling you my story and how I received mine so quickly.
When I realized I would not be returning to work, not only did I have to prepare myself for what could be a long and lengthy battle, but I also had to prepare my mind for the sake of my own well being. The latter was easier said (and to write!) than done. But more on that later.
So here we go. A step by step account of what I did and went through.
1. I read the entire Social Security website and downloaded the forms I needed. I filled all the forms out prior to submitting them.
2. I scoured the web and read any and all information I could regarding SSDI. All websites from telling you what to do, what to expect down to what you are reading now, people's own personal stories regarding disability.
3. Having a copy of my medical records was a no brainer. They give you a copy of your records when you leave the military. Every doctor I've ever been to, I have a copy of the visit. If you do not have a copy of yours, GET ONE! Here's a tip: When filling out the form requesting a copy, always check the box it's for another physician and always check the box you will pick them up and deliver to said doctor.
4. Once you have a copy of your medical records, if you do not have a copy machine of your own, plan on spending some time at Kinko's or the library or some place else that has a copy machine and plan on having to pay to make another copy. (You can always allow SS to request on your behalf but it will take longer on getting a decision from them).
5. Once you have your records and you have filled out the disability forms, and you have copies of all the other records they ask for, if you have a Social Security office near you, go there to turn everything in. Always triple check before you go that you have EVERYTHING they need a copy of. If you do not have an office near you, you can mail the information in. Send it receipt requested.
When you go online to their website, they will try and get you to do all of it online. I don't recommend this. Only do this as a last resort.
6. Once you have applied for SSDI, it begins the waiting game. I can tell you the horror stories you read online are very real. All they have to do is deny your claim twice and it then goes to a judge. Guess what? Having your case read by a judge can take years! This is why I said you need to mentally prepare yourself. Continue reading up on how to appeal a denial.
7. 9 out of 10 claims get denied the first time. Mine did. As soon as I received the denial letter in the mail, I had the appeal paperwork ready to go. Make sure you APPEAL the decision and not re-apply. If you re-apply, you will drag it out even longer.
8. Once you are denied the first time and you appeal the decision, SS will take all the time they can on getting back to you. That time is 4 months. You won't hear from them for 4 months. During this time, you need to find the BEST SSDI attorney in your state. Do your research. Research is key. Don't call them and make an appt. Just research who the best is.
9. 7 out of 10 appeals get denied. Mine did. But I was ready. I made the call. I gave a quick medical history to the attorney and they made me an appointment. When the appointment was made, I knew then I would get my disability because this attorney is the best in NC and he only takes on clients he knows he can win for.
Did you catch that last line? Let me repeat it: He is the best in NC and he only takes cases he knows he can win! I did the research. And I was lucky this attorney was a short 45 min. drive from my home.
You can have as many attorney's available to you so you can go down the list if one says they can't help you. But if the top 2 attorneys say they can't help you, odds are they feel your medical condition is not going to get you disability. If this happens, you have my sympathy. I'm not saying to give up. But the odds are not in your favor and you may be looking at an extremely long battle in getting your disability benefits.
You can use an attorney from start to finish. Just know this. Just because you use one from start to finish doesn't mean you won't get denied the first 2 times. If you did your research, you already know this. Using an attorney from start to finish just means they get more money up to a certain cap on your benefits. Also, another reason you need your medical records. Your attorney will need a copy! A doctor's office will charge an attorney for copies of your medical file. That charge in turn you will pay for. Not only will the attorney get a percentage of your disability, he will also get any money above that in expenses he has incurred while handling your case.
10. Your attorney will tell you that you are looking at 18 to 36 months before getting your disability. Although this is true, if you got the best, he/she will be able to get your benefits much sooner. My attorney knew because of the first letter in my last name, who the judge was that would be hearing my case and knew the judges clerk. I hired my attorney in the month of April. He held onto my file until June because a new law was going into affect and he wanted my case to be heard using the new law. He submitted my file in June. He gave the judges clerk time to check my file out. My attorney spoke with the clerk. The clerk knew because of my medical condition the judge would award my disability. The clerk put a note on my file, put it on the judges desk, he read the note, skimmed my file, awarded me disability with an exception I was 'expected' to get better and for my case to be re-evaluated in 18 months.
Do not let that last part scare you. I've never been re-evaluated. I know people who have been on it for years and they haven't been re-evaluated either. I won and didn't have to go to court. The day I won, I had been diagnosed with Fibro the day before. Bitter sweet to say the least. But again, I believe the reason I've not been re-evaluated is because fibro makes everything wrong with you even worse.
Let's get right to the guts of it all. If the only thing wrong with you is Fibromyalgia, and it's a recent diagnosis, according to the Social Security website, that does not fall under their definition of disability.
However, if Fibro is the only thing wrong with you and you have years of horrible medical history because of it and your doctor has known for awhile that you haven't been able to work because of it and that has been noted in your medical file, you may have a shot at winning disability.
If like me, you have been screwed up for years, have a long medical history and it's finally taken a toll on you, only to later be diagnosed with Fibro on top of it all, I hope you a speedy resolution in getting your disability the same quickness in which I received mine.
Here are some links that proved invaluable to me when I was researching the in's and out's of Social Security Disability. Bookmark this blog as the links do not open new windows.
Social Security <------ Social Security
Disability Secrets <------(Read the blog, which is mostly on the left side, read ALL the info on this blog. I'm not advising you to use their "talk to an attorney" ad. This site, which was in a different format when I used it, helped me the most!)
Winning disability <------- Winning disability
Ultimate SSDI guide <-----(this is another outstanding website)
Preparing for court <----- Preparing for court
Do your own research. I can't state this enough. The more you know, the better armed you will be and the better your chance at winning.
Oh, and if anyone can tell me why my links are not showing up unless you hover over them, I'd greatly appreciate you letting me know. I have 5 links above.
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