Mosken
Social Security Disability Insurance (SSD)
First of all, I will quote the American attorney Jeff Rabin who has been helping us from time to time:
***************************************
Anyway, here is a short summary of what to do to qualify for Social Security Disability in the US. The requirements are very much the same as in Norway.
**How do You Qualify for Social Security Disability?
To qualify for benefits, you must first have worked in jobs covered by Social Security. Then you must have a medical condition that meets Social Security's definition of disability. In general, monthly cash benefits are given to people who are unable to work for a year or more because of a disability.
In addition to meeting the definition of disability, you must have worked long enough--and recently enough--under Social Security to qualify for disability benefits.
Social Security pays only for total disability. No benefits are payable for partial disability or for short-term disability. You have to proof you are totally, 100% disabled. (in Norway it is enough to be 50%). The law generally states that if you are "working" you can not be found totally disabled. In order for a condition to be considered disabling, it must prevent all types of work for at least 12 months in a row..
www.ssa.gov/dibplan/dqualify.htm
THE MAIN QUESTION IS:
How do You Qualify for Social Security Disability when you have FMS, CFS, chronic pain or any other invisible disease
Your condition must interfere with basic work-related activities for your claim to be considered. If it does not, you are not considered disabled in relation to SSDI.
For each of the major body systems, SSA maintain a list of medical conditions that are so severe they automatically mean that you are disabled. If your condition is not on the list, they have to decide if it is of equal severity to a medical condition that is on the list.
As far as I know, FMS, CFS or chronic pain are not on the list. They are typical invisible diseases, so that makes sense. However, the impairments are after all the most important thing, not the name of the disease. Many people are able to work even they have FMS, back problems, MS or any other disease making you disabled, but not unable to work.
The Regulations require the focus to be on "objective evidence" - evidence that comes from tests and pictures - not "subjective evidence" - evidence based on what the patient says. In many chronic pain and/or fatigue cases there is no objective support.
The key to the claims is the medical proof. Make sure that your treating specialists, pain specialist or whatever specialist you have agree that you are totally disabled from all types of work and are willing to support you.
SSA requires proof from specialists - FMS generally requires a rheumatologist or pain specialist; heart claims a cardiologist; breathing problems a pulmonary specialist; depression either an MD psychiatrist or Ph.D. psychologist. FMS and CFS are usually diffecult to prove. the main thing is, you can't prove a thing without good, current medical relationships which will document the severity of the symptoms over a long period of time. Chronic pain can be disabling - the focus there will be on the type of doctors you have seen, the types of pain medications you are taking, your medical records and the opinions of the specialists.
-How important is your age?
According to this website called the Disability Expert, your age might be very important...:
thedisabilityexpert.com/Q...efits.html
Once a person reaches the age of 50, SSA takes into consideration what types of work the person has done in the past. SSA believes that older people are less able to adapt to other types of work. Once a person turns 50, it becomes easier to qualify for disability benefits, and once a person turns 55 it becomes easier still. The more demanding the work a person has done, the more advanced age will help his or her disability case.
-make a list of your limitations caused by your impairments. Make a description of your FMS/CFS and or back problems impact on daily activities, social functioning and concentration. How much percentage of your time do you spend resting? Describe your former level of functioning as a reference to how you are functioning today; intellectually, physically, academically, socially, emotionally, etc. *MISSING NOTHING AND TELLING ONLY THE TRUTH* (good example: www.cfs-news.org/socsec5.txt ) Also: www.ssa.gov/disability/pr...-Adult.htm
Typical: Tell how long you can sit, walk and stand. Can you bend, lift etc. Put it all on the list. SSA will identify the type of jobs which allow persons to change positions. Such as light assembler, security monitor and mail clerk. It is important that you tell exactly how long you can hold a position. This has to be confirmed by your doctors. Tell about your difficulties in learning new skills and adapting to new work settings. This will be taken in consideration if you are older…but also it is part of the disease when you have FMS, CFS and chronic pain in general.
In Fibromyalgia claims the clinical notes and a report of a treating rheumatologist are most important. A 1996 decision by the Seventh Circuit Court of Appeals established that a rheumatologist is the primary source for proof of this disease. Office notes from the rheumatologist should show positive findings for the trigger points which are diagnostic for this disease. In addition, the patient should be complaining at each office visit of the fatigue and pain that are consistent with this condition. A report that establishes that all other causes for the symptoms have been ruled out helps establish the existence of the disease. Since the extent of fatigue and pain can not be measured, consistency of complaints in the various medical records will be important. The use of pain medications, even if just for trial periods, concentration impairments, and the limitations on daily activities such as housework, shopping, and social functioning, are also factors considered by Social Security Administration adjudicators.
Chronic Fatigue Syndrome claims have been made clearer by the adoption of Social Security Ruling 99-2p. This Ruling finally acknowledges that CFS is a medically determinable impairment and describes the various findings that can establish the diagnosis. This Ruling is quite useful and can be found at the SSA’s web site, www.ssa.gov/ or by contacting a law office. Generally, the focus is on a longitudinal view of the medical evidence and the extent and nature of the treatment provided by the various physicians. The clinical findings and summaries of the patient’s complaints in the office notes are critical. As to whether the symptoms are totally disabling, SSA will consider the medical opinions, as well as to the statements of the Claimant and third parties as to limitations in daily activities, concentration, and social functioning.
Claimants who suffer from depression should also seek treatment from a mental health professional. Whether the depression is a symptom of the disease, or results from the significant impact on daily functioning, or is a separate disabling medical condition, the treatment notes and histories often lend credibility to the claim. Further, it is entirely consistent - and often true - that a person suffering the severe limitations caused by CFS and Fibromyalgia would be depressed. The depression does not usually negate the existence of the disease but instead confirms the severity of its impact. On occasion, this diagnosis provides an alternative theory for an Administrative Law Judge who wishes to award benefits but will not approve a claim based on CFS or Fibromyalgia.
If you have multiple disabilities and diseases, make sure to mention all of them.
-make a list of "objective proof/evidence" of both the medical problem and of the severity of the symptoms. Are you depressed? Mention that also. A depression might confirm the severity of your conditon.
“Objective evidence” means physician’s clinical findings, office notes, reports and medical test results that are not dependent on your subjective responses like pain, fatigue etc. MRI, x-ray's are all objective evidence.
-make a list of the doctors you have used, your medical records etc.
Have you seen any specialists? If you are depressed, mention if you have been seing a therapist. As I said above, it might confirm the severity of your conditon. If the depression is related to the FMS/chronic pain, the findings and opinions of a psychiatrist and therapist will be important.
Make sure that your treating specialists, pain specialist or whatever specialist you have agree that you are totally disabled from all types of work and are willing to support you. If your doctors don’t support your claim, it's not likely that the claim will be approved.
It is up to you and your lawyer to provide the evidence. Either you qualify or not. The main thing is not to give up after the first denial. It just means that you have to provide better information/evidence.
Many people ask what shall I tell about myself? Should I exaggarate?? I once read a good advice from the attorney Jeff Rabin:
Remember, the inability to find employment is NOT an issue, or a basis, for getting SSDI.
Finally I will remind you that 75% of all disability applicants initially will be denied benefits. Half of those denied will give up and not appeal the denial. However, 53% of the applicants who persevere to a hearing before an Administrative Law Judge obtain benefits. The moral is: DO NOT QUIT after receiving a denial.
This is the story of events:
1. Initial application - Every claim for disability benefits begins with the initial application. 75% of all applicants are denied at this step. SSA looks for a reason to deny benefits. The decision is based on forms you completed and medical records, you won't meet with anyone involved in making the decision. It is surprising when anyone wins at this step. Don't quit--you must appeal a denial within 60 days.
2. Reconsideration - This is the second step in the system but the results are worse. 82% of all applicants are denied at this level. SSA reviews your file again and issues a denial; unfortunately it may take months to receive. At this step, only 50% of the original applicants are still in the system, the rest gave up. Appeal the denial immediately.
3. Request for Hearing before Administrative Law Judge - Congratulations! You have persevered in the system and now have a good chance to win benefits. 53% of all claimants win at this stage.
Good links: www.cfs-news.org/socsec.htm
You can contact Jeffrey A. Rabin, Jeffrey A. Rabin & Associates, Ltd., 640 Pearson St., Suite 300, Des Plaines, IL 60016. Just tell him hello from Mosken at the Friends Support Group.
The office telephone is 1-888-LAW-0600. Email is either jeff@rabinsslaw.com or JRsslaw@aol.com.
Mr. Rabin is an attorney in the Chicago area who has been practicing in this area of law since 1981. He represents Claimants nationwide, is a sustaining member of the National Organization of Social Security Claimants’ Representatives and is a member of the executive board of the Social Security Disability Committee of the American Trial Lawyers’ Association.
Attorney Jeff Rabin's toll free number is: 1-888-529-0600
The information above is intended to provide general information only. Do not use the information given on these pages as a substitute for consulting an attorney or a lawyer.
First of all, I will quote the American attorney Jeff Rabin who has been helping us from time to time:
Quote:I know some of our members have got their claim accepted without legal help, still I agree with Jeff. I think you have a better chance with proper legal help from the beginning. The lawyer will make sure you get the needed evidence, medical reports and letters from your doctors.
While it takes time, and there is some frustration in working through the system, a lot of fibromyalgia, depression, chronic fatigue syndrome claims are approved and people can get the help. I do suggest people retain an experienced attorney as soon as they file so that their claims are prepared properly from the outset.
If you'd like, feel free to call me, toll free, at 1-888-529-0600 - no fees for just talking! Remind me that you posted here. If I am not in office (and that is likely) just leave a message and your number, I'll call back.
Jeff
***************************************
Anyway, here is a short summary of what to do to qualify for Social Security Disability in the US. The requirements are very much the same as in Norway.
**How do You Qualify for Social Security Disability?
To qualify for benefits, you must first have worked in jobs covered by Social Security. Then you must have a medical condition that meets Social Security's definition of disability. In general, monthly cash benefits are given to people who are unable to work for a year or more because of a disability.
In addition to meeting the definition of disability, you must have worked long enough--and recently enough--under Social Security to qualify for disability benefits.
Social Security pays only for total disability. No benefits are payable for partial disability or for short-term disability. You have to proof you are totally, 100% disabled. (in Norway it is enough to be 50%). The law generally states that if you are "working" you can not be found totally disabled. In order for a condition to be considered disabling, it must prevent all types of work for at least 12 months in a row..
www.ssa.gov/dibplan/dqualify.htm
THE MAIN QUESTION IS:
How do You Qualify for Social Security Disability when you have FMS, CFS, chronic pain or any other invisible disease
Your condition must interfere with basic work-related activities for your claim to be considered. If it does not, you are not considered disabled in relation to SSDI.
For each of the major body systems, SSA maintain a list of medical conditions that are so severe they automatically mean that you are disabled. If your condition is not on the list, they have to decide if it is of equal severity to a medical condition that is on the list.
As far as I know, FMS, CFS or chronic pain are not on the list. They are typical invisible diseases, so that makes sense. However, the impairments are after all the most important thing, not the name of the disease. Many people are able to work even they have FMS, back problems, MS or any other disease making you disabled, but not unable to work.
The Regulations require the focus to be on "objective evidence" - evidence that comes from tests and pictures - not "subjective evidence" - evidence based on what the patient says. In many chronic pain and/or fatigue cases there is no objective support.
The key to the claims is the medical proof. Make sure that your treating specialists, pain specialist or whatever specialist you have agree that you are totally disabled from all types of work and are willing to support you.
SSA requires proof from specialists - FMS generally requires a rheumatologist or pain specialist; heart claims a cardiologist; breathing problems a pulmonary specialist; depression either an MD psychiatrist or Ph.D. psychologist. FMS and CFS are usually diffecult to prove. the main thing is, you can't prove a thing without good, current medical relationships which will document the severity of the symptoms over a long period of time. Chronic pain can be disabling - the focus there will be on the type of doctors you have seen, the types of pain medications you are taking, your medical records and the opinions of the specialists.
-How important is your age?
According to this website called the Disability Expert, your age might be very important...:
thedisabilityexpert.com/Q...efits.html
Once a person reaches the age of 50, SSA takes into consideration what types of work the person has done in the past. SSA believes that older people are less able to adapt to other types of work. Once a person turns 50, it becomes easier to qualify for disability benefits, and once a person turns 55 it becomes easier still. The more demanding the work a person has done, the more advanced age will help his or her disability case.
-make a list of your limitations caused by your impairments. Make a description of your FMS/CFS and or back problems impact on daily activities, social functioning and concentration. How much percentage of your time do you spend resting? Describe your former level of functioning as a reference to how you are functioning today; intellectually, physically, academically, socially, emotionally, etc. *MISSING NOTHING AND TELLING ONLY THE TRUTH* (good example: www.cfs-news.org/socsec5.txt ) Also: www.ssa.gov/disability/pr...-Adult.htm
Typical: Tell how long you can sit, walk and stand. Can you bend, lift etc. Put it all on the list. SSA will identify the type of jobs which allow persons to change positions. Such as light assembler, security monitor and mail clerk. It is important that you tell exactly how long you can hold a position. This has to be confirmed by your doctors. Tell about your difficulties in learning new skills and adapting to new work settings. This will be taken in consideration if you are older…but also it is part of the disease when you have FMS, CFS and chronic pain in general.
In Fibromyalgia claims the clinical notes and a report of a treating rheumatologist are most important. A 1996 decision by the Seventh Circuit Court of Appeals established that a rheumatologist is the primary source for proof of this disease. Office notes from the rheumatologist should show positive findings for the trigger points which are diagnostic for this disease. In addition, the patient should be complaining at each office visit of the fatigue and pain that are consistent with this condition. A report that establishes that all other causes for the symptoms have been ruled out helps establish the existence of the disease. Since the extent of fatigue and pain can not be measured, consistency of complaints in the various medical records will be important. The use of pain medications, even if just for trial periods, concentration impairments, and the limitations on daily activities such as housework, shopping, and social functioning, are also factors considered by Social Security Administration adjudicators.
Chronic Fatigue Syndrome claims have been made clearer by the adoption of Social Security Ruling 99-2p. This Ruling finally acknowledges that CFS is a medically determinable impairment and describes the various findings that can establish the diagnosis. This Ruling is quite useful and can be found at the SSA’s web site, www.ssa.gov/ or by contacting a law office. Generally, the focus is on a longitudinal view of the medical evidence and the extent and nature of the treatment provided by the various physicians. The clinical findings and summaries of the patient’s complaints in the office notes are critical. As to whether the symptoms are totally disabling, SSA will consider the medical opinions, as well as to the statements of the Claimant and third parties as to limitations in daily activities, concentration, and social functioning.
Claimants who suffer from depression should also seek treatment from a mental health professional. Whether the depression is a symptom of the disease, or results from the significant impact on daily functioning, or is a separate disabling medical condition, the treatment notes and histories often lend credibility to the claim. Further, it is entirely consistent - and often true - that a person suffering the severe limitations caused by CFS and Fibromyalgia would be depressed. The depression does not usually negate the existence of the disease but instead confirms the severity of its impact. On occasion, this diagnosis provides an alternative theory for an Administrative Law Judge who wishes to award benefits but will not approve a claim based on CFS or Fibromyalgia.
If you have multiple disabilities and diseases, make sure to mention all of them.
-make a list of "objective proof/evidence" of both the medical problem and of the severity of the symptoms. Are you depressed? Mention that also. A depression might confirm the severity of your conditon.
“Objective evidence” means physician’s clinical findings, office notes, reports and medical test results that are not dependent on your subjective responses like pain, fatigue etc. MRI, x-ray's are all objective evidence.
-make a list of the doctors you have used, your medical records etc.
Have you seen any specialists? If you are depressed, mention if you have been seing a therapist. As I said above, it might confirm the severity of your conditon. If the depression is related to the FMS/chronic pain, the findings and opinions of a psychiatrist and therapist will be important.
Make sure that your treating specialists, pain specialist or whatever specialist you have agree that you are totally disabled from all types of work and are willing to support you. If your doctors don’t support your claim, it's not likely that the claim will be approved.
It is up to you and your lawyer to provide the evidence. Either you qualify or not. The main thing is not to give up after the first denial. It just means that you have to provide better information/evidence.
Many people ask what shall I tell about myself? Should I exaggarate?? I once read a good advice from the attorney Jeff Rabin:
Quote:
Don't tell the story about the half full cup, the story you use to tell your family and friends. Instead tell the story about the half empty part of the cup - the things you used to do and don't any more; the things you want to do and can't. The things you try to do and either fail or they so badly exacerbate your symptoms that you are laid up for a day or two - that's what you want to get across to your doctors - and to SSA.
Remember, the inability to find employment is NOT an issue, or a basis, for getting SSDI.
Finally I will remind you that 75% of all disability applicants initially will be denied benefits. Half of those denied will give up and not appeal the denial. However, 53% of the applicants who persevere to a hearing before an Administrative Law Judge obtain benefits. The moral is: DO NOT QUIT after receiving a denial.
This is the story of events:
1. Initial application - Every claim for disability benefits begins with the initial application. 75% of all applicants are denied at this step. SSA looks for a reason to deny benefits. The decision is based on forms you completed and medical records, you won't meet with anyone involved in making the decision. It is surprising when anyone wins at this step. Don't quit--you must appeal a denial within 60 days.
2. Reconsideration - This is the second step in the system but the results are worse. 82% of all applicants are denied at this level. SSA reviews your file again and issues a denial; unfortunately it may take months to receive. At this step, only 50% of the original applicants are still in the system, the rest gave up. Appeal the denial immediately.
3. Request for Hearing before Administrative Law Judge - Congratulations! You have persevered in the system and now have a good chance to win benefits. 53% of all claimants win at this stage.
Good links: www.cfs-news.org/socsec.htm
You can contact Jeffrey A. Rabin, Jeffrey A. Rabin & Associates, Ltd., 640 Pearson St., Suite 300, Des Plaines, IL 60016. Just tell him hello from Mosken at the Friends Support Group.
The office telephone is 1-888-LAW-0600. Email is either jeff@rabinsslaw.com or JRsslaw@aol.com.
Mr. Rabin is an attorney in the Chicago area who has been practicing in this area of law since 1981. He represents Claimants nationwide, is a sustaining member of the National Organization of Social Security Claimants’ Representatives and is a member of the executive board of the Social Security Disability Committee of the American Trial Lawyers’ Association.
Attorney Jeff Rabin's toll free number is: 1-888-529-0600
The information above is intended to provide general information only. Do not use the information given on these pages as a substitute for consulting an attorney or a lawyer.
USA
