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Grand Member
Member Since Mar 2011
Location: New England
Posts: 873
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#21
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Generally you can make a case for your first day of disability being the first day you were unable to work. I don't know what your work history is or when you left your last job, but as an example...when I first applied for disability, my last day of work was October 11, 2000. I tried to go to work on the 12th but never made it in the door. Even though I didn't officially apply for disability until January, my "official" date of disability for SS purposes was Oct 12th. Lots of people find they can no longer work but don't apply for SS right away. Maybe they're thinking they're going to go back, or maybe they're taking some disability leave through work...whatever the reason, they don't apply right away. But if you can document that you left work due to your disability, then you can usually claim the first day you were unable to work. I wouldn't wait too long if you have made the decision to apply, but be sure to go as far back as you are entitled to, because it is this date they will also use to calculate when your benefits start, ie: six months from your disability date, not your application or approval date. I hope things go smoothly for you and you feel better soon. __________________ I've been scattered I've been shattered I've been knocked out of the race But I'll get better I feel your light upon my face ~Sting, Lithium Sunset |
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Rose76
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Legendary
Member Since Mar 2011
Location: USA
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#22
Thanks very much to all above. The website in a recent post is very informative. The response above is also very helpful.
I am reading a book I recently ordered on the subject of SSDI/SSI. It seems no one book, nor any one source tells you everything that is good to know. So I welcome all input. I want to know what to expect, and I understand more now. |
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Open Eyes
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New Member
Member Since Mar 2012
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#23
If anything, when applying for SSDI, find an attorney that works on a contingency basis, i.e. does not get paid unless (s)he wins your case. That way, the most you will pay out-of-pocket are administrative fees (mostly for photocopying medical records. Make sure you get a schedule of those fees up front).
The way my attorney explained it to me, if he wins my appeal, social security will take 25 per cent off the top, up to a maximum of $6000.00, for the attorney's If the 25% is more than $6000, he will only get $6000. I'd check with you community's bar association, or legal aid society for a list of SSDI legal practictioners. Once you make a decision on who to hire, I'd ask the attorney if they could file the initial claim for you, since those forms are extremely confusing. |
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Rose76
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Legendary
Member Since Mar 2011
Location: USA
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#24
I went on-line and filled out pop-up things here and there. I got a lot of calls back, all sounding like they wanted to take my case. I settled on one that seemed competent. The person who called me - the "paralegal" - took so much information down that I felt more assured that the initial application will be carefully put together.
It is a firm that is not headquartered in my state. They represent people all over the country. I have yet to receive the "contract" in the mail. I have to sign it and send it back. Then they will officially be my representatives. They said I would be categorized as being "In Dire Need." I'm not sure what they need to substantiate that. I guess they will tell me. Meanwhile, I am trying to read tips available on Internet sites. |
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Legendary
Member Since Jul 2004
Location: dreamy land
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#25
Good steps you took! You are on your way..good luck and give yourself a pat on the back for taking those steps!
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Rose76
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Legendary
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Location: USA
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#26
Everyone above has helped me. I have started a process that has a long way to go, but, at least I've started. Your replies above have helped me start. A hug to each of you.
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Junerain, Open Eyes
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dragonfly2, Junerain
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Account Suspended
Member Since Sep 2011
Location: Northern California
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#27
I am 41, I swim, and I always feel inspired by middle-aged men and women in the pool. Some even come with walkers. It is one of those exercise activities that can be available well into the golden ages. Please keep it up, it will do wonders for you.
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Rose76
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Legendary
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#28
The law firm is moving things along. That is really a good thing for me. Without them kind of pushing me, I would still be at square one.
Emotionally, I am not doing well at all right now. I feel like I am a fraud. I feel like lots of people work hard at tough jobs, despite having considerable problems. I feel like I just gave up. Still, it was my primary care doctor, who first brought this up as an option. I'm very isolated. I feel extremely alone. I am very depressed. |
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Legendary
Member Since Jul 2004
Location: dreamy land
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#29
If your doctor brought up the idea of disability, trust your doctor..he's had more experience than even you know about your own illness, about how hard you have tried, remember- you can still work once you receive disability (like I do) it just makes things easier, and easy is what you need now
I feel very capable and like I am contributing to society, on disability yet working with children, disability does not define who I am- I am a wonderful friend, a great singer, great with children, a leader in my church, encourager at my support group... Our support group is FILLED with wonderful, creative, fascinating people on disability... PM me, I want to extend my friendship and love to you __________________ |
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Rose76
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Poohbah
Member Since Apr 2009
Location: CA
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#30
I really recommend you start the process with Binder and Binder. They win like 95% of the time and only take money if they win for you and its from your back pay. Social Security has a limit on how much any lawyer can take and you should find that out.
I know you want to do it on your own but its a hard process and very few people get their benfits working on their own. It will be so much faster and easer for you if you have a lawyer. I used Binder and Binder. They won my case for me in 6 months and took I believe something like 10 or 15% of my back pay or whatever it is social security allows. They made it really easy for me and set up everything I needed to do to make sure I got the benefits I needed. __________________ I'm here to deal with my "issues". |
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Legendary
Member Since Mar 2011
Location: USA
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#31
Rmdctc -
Thanks very much for sharing your experience. I' glad things went as well for you as they did. I decided that I did not want to do it on my own. Lots of law firms say, "Go put in the initial application and then call us when you get that first denial." Even a local non-profit advocacy agency said that. I talked to a lot of law firms on the phone. I think Binder and Binder was one of them. I settled on Heard and Smith out of San Antonio, TX. They are similar to B&B. I don't live in Texas, but this firm takes claims from all over, and they gave me the most information on what to expect. I've researched the subject. Social Security Administration allows the law firm to take 25% of your back pay, but no more than $6000. The check to the law firm comes direct from SSA to the lawyers, and SSA has to approve that it seems reasonable. So they all charge the same because that's all they can charge. I noticed that all the big nationwide firms that specialize in social security say that they win over 80% of the time. Basically, they turn down cases they think they can not win, and they pretty much know what will win. It is against the law (federal) for any of them to take money from a client unless, and until, they do win. I didn't know any of this until I started doing some homework, and I agree with you that a claimant should find out the rules before starting. Between feedback from PC and reading a book and researching on the Internet, I am informed enough to not feel as scared as I did. 6 months was pretty quick, and I'm glad to know that it can go that quickly. I was afraid that the lawyers would stall so that their 25% would be from a bigger pot of back pay. You've helped me see that they don't necessarily do that. Hearing that means a lot to me. |
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Rmdctc
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Rmdctc
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Pandita-in-training
Member Since Sep 2006
Location: Maryland
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#32
That is interesting information, Rose! I think I would go to a lawyer, see if they would take my case, if they would, would assume I could win and then do it on my own and save the $6,000, LOL. The turn down lawyers who say call after the first turn down are interesting too; as most of the work would be done the first time and many get turned down the first time (including those represented by law firms) but the law firm just keeps going and gets it on the second. So, instead of doing the first one that would be the majority of the work, they come in on the second and maybe make more money for "less" work?
But, I would like to have the "company" of a paralegal to talk to and work with too, I guess. And, I assume the lawyers make you sign a contract of some sort before they tell you whether or not they will take your case so you can't do the "we'll take it"/"Oh? Never mind, I'll do it myself" trick. __________________ "Never give a sword to a man who can't dance." ~Confucius |
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Legendary
Member Since Mar 2011
Location: USA
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#33
That's a clever notion. Cause they don't take cases that they don't see merit in. Anyway, I've already signed the contract with Heard and Smith out of San Antonia. I was so leaden, they helped enormously in getting me going. I would still be mulling it over, without them.
They tell you first about whether or not they will take it, before sending you the contract to sign. It's a big firm that just does this. They have a department of clerks who specialize in just bugging and bugging the pdocs, until they send in the medical records. It can be a tug-if-war, especially at the mental health center where I go and I don't trust them. Today, however, I talked to my primary care doc, an internal medicine specialist, and he is one prince of a guy. He's behind me all the way. I can't tell you how nice and kind he was to me today. It meant so much to me. He said he will write a letter describing my ordeals with depression and anxiety AND he said he would write it "with passion." I'm thanking Heaven. I feel so less bad about myself. |
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Open Eyes
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Grand Member
Member Since Mar 2011
Location: New England
Posts: 873
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#34
The right doctor can make all the difference. My pdoc said that if I didn't get approved, he'd eat his shoes! And they were nice Italian ones at that! I hope it all goes smoothly for you.
__________________ I've been scattered I've been shattered I've been knocked out of the race But I'll get better I feel your light upon my face ~Sting, Lithium Sunset |
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Rose76
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Legendary
Member Since Mar 2011
Location: USA
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#35
My doctor, who is very smart and very supportive of me, has just told me that how hard it is to get SSDI varies greatly from state to state. I was kind of shocked to hear this. I had thought that it would be the same through out the country, since it is a federal program.
NOT SO. I believe he knows what he is talking about. He is very smart. He told me that the state I live in is one of the really tough states in which to get a claim approved. I had no idea of that. Does anyone else have any knowledge about this supposed variation among states in how high they set the bar for what they consider disability? I'm getting a bit anxious, since hearing this. |
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Grand Member
Member Since Mar 2011
Location: New England
Posts: 873
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#36
Even though Social Security is a Federal program, the initial decisions are made at local state offices. It really boils down to which Disability Determination Agent you get. They have common standards they have to meet, but after that, I'm not sure what the difference is.
Here's a little more information on the process: http://www.ssa.gov/disability/determination.htm If you google "disability determination service" and your state, you should be able to locate the office in your area. Tread very lightly in contacting them, though. They are human and don't appreciate feeling badgered. The agent I was in contact with in my state was very nice and moved things along as quickly as she could, but sometimes their hands are tied depending on what records need to be received. __________________ I've been scattered I've been shattered I've been knocked out of the race But I'll get better I feel your light upon my face ~Sting, Lithium Sunset |
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Rose76
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New Member
Member Since Jan 2012
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#37
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Rose76
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Legendary
Member Since Mar 2011
Location: USA
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#38
keli449,
Thank you. I have reached that decision, and I have signed a contract with a law firm. That rule about how much they get paid, and when they get, it is pretty much the same in all states. Federal law controls it. I'm told by someone in a position to know that California is one of the easier states to get approved for SSDI. At least, it's easier than some other states - like the one I'm in. I did take it as an encouraging sign that every law firm I called (lots) were all eager to work on my claim. I have a very long and well-documented history of treatment for depression. Currently, I'm on a slew of meds. The lawyers seem to particularly like that. |
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Legendary
Member Since Mar 2011
Location: USA
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#39
keli449,
Thanks. I've already signed the contract with a law firm. I agree that, if I get approved, it will be well worth the money. What the lawyers get is the same in every state. I talked to a lot of law firms, and they all seemed to be eager to take the case. So I do feel encouraged now. Plus, my primary care doctor said he will do everything he can to help me. He happens to be from California, and said that your state is one of the easier ones in which to get a claim for SSDI approved in. I hope my claim doesn't get denied due to living in the wrong state. |
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Legendary
Member Since Mar 2011
Location: USA
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#40
I got a packet from Social Security Administration. It asks for a detailed account of what I did at all jobs I held over the past 15 years. All the questions seem to relate to physical capabilities. I don't see how that helps me establish the rationale for my claim.
There is a questionnaire that asks what I do every day and seems to be relevant to my problems with depression. But I feel like I don't know how to respond. One day in my life can be extremely different from another day. Mainly, I feel like I didn't really get much by signing that contract with the law firm. So far, I got a big friendly "come on" from the Intake Para-legal, then the clerk who called for info for the initial filing sent in a half-baked initial claim. They didn't even get my address right. I don't believe the lawyer at this firm has any interest in whether my claim gets approved early. 40% of claimants get approved in the beginning. Yes, that is a minority, but it's a big minority. I don't believe the law firm is going to give a dang how I fill out all this paperwork. If I were to get early approval, they wouldn't make hardly any money at all. I guess if they get after medical providers to forward medical records that would be something, but I am getting skeptical that they really put much effort into anything. |
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Anonymous37781
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