OK,
The thing is, that I have a LOT more issues , physically, than just the TN, so I am fighting for disability. However, the SSD has written me saying that TN is in no way disabling and cannot possibly prevent me from being able to work. Has anyone else dealt with this...or used their TN as a factor in getting disability? How did you do it? Does anyone besides me feel their TN is disabling or a factor in what jobs/tasks they can do? How does your TN affect you?
Elizabeth, many TN patients obtain SSD disability. You're just getting the usual first round brush-off. And they'll likely do it to you again on the first appeal. Only when you are able to get your evidence in front of an Administrative Court Judge, will you likely get disability from the date of your application.
Thank you...I will read it. I have had the first two brush-offs, and now have an appointment with a SSD Atty before re-applying for the hearing.
Hi Elizabeth,
The atty is a good idea. I was able to get SSD but used a company that specializes in SS applications for special situations. I was not able to work because of this. I am very sensitive to the medications and cannot do many daily things and if I don't take the meds, I will have disabling pain. I know there are others on here that have gotten it as well. Search under Disability and I think you will find some older posts with information.
Good Luck!
TY! I am allergic to almost all the meds & can’t function on the gabapentin side effects, but can’t afford even a Dr’s visit to get referred to a neurologist for further examination…Crappy irony! Hoping the medical from SSI will pay for help & relief. All mybest!
Elizabeth, I don't want to upset you, but there are facts you need to deal with. You MUST find some way to afford to see a qualified neurologist. BEFORE you will have a chance at gaining SSD disability. You need a doctor's finding that your condition makes it impossible for you to work at any job that will generate regular income above some minimal amount (generally on the order of $1,000 per month). Without that finding, you literally don't have a prayer of getting the SSD bureacracy to roll over and do the right things by you. And without a lawyer, you will be at a severe disadvantage in going through the third round of review in front of an Administrative Law judge.
Please tell us what you are doing to find a local lawyer who specializes in disability cases, and perhaps THROUGH that firm, a doctor whose training is sufficient to generate a credible finding on your inability to work. A general practitioner in medicine may not have that credibility. It is almost universal practice for the first 45 minute consult with the lawyer to be free of charge. And the lawyer's fee as a percentage of your settlement may be limited under the laws of your State -- and is negotiable in any event.
Regards,
Red
I used the neuralgia, chronic pain, the side effects of the medication. The problems encountered from TN. You become not of choice unreliable. I also hired Binder and Binder. There fee comes from the courts decision. You are also disabled by the meds. Inability to focus, poor memory, etc. I saw many drs and you do need their reports. Its a paper trail of sorts. I did win. Also theres depression, can get things done, poor socialization.
The Social Security Administration has a very good web site, and this is a great place to start. As others have pointed out, you want to make sure this is a battle you wish to fight. If you have not worked enough years at a certain level of income, and your age is too low, you may not meet the criteria for any meaningful benefits. But if you do (or did) have a good income for a decade or more, and if you are of a certain age, then read the SSA Web Site.
If your physician believes you, she or he will often agree to show up at your Administrative Law Hearing. YOU get to pick your attorney, and even the City and State in which you wish to wage this battle. Normally when you see your physician, you are billed for ten- or fifteen-minute increments of time. A hearing will "blow away" half of a doctor's day of appointments, so make sure you are prepared to compensate them! Some states can have close to a year-long waiting list just to see the Administrative Judge. But I recommend using the system that is closest to your PHYSICIAN, especially if he or she will be there for you. Not having a physician present at your Hearing does not mean your claim is not a legitimate one, but having such a physician there to state your case will really HELP you. This is why it's best NOT to "doctor shop." The relationship you have with your doctor can be crucial. You'll be asking for ALL of your Medical Records, and this takes TIME. A good doctor will have a record of EVERY visit you have ever made. Your own records can be of immense help. The Administrative Law Judge will look at them.
Most (or maybe all) states allow SSD attorneys to collect a fee ONLY if you prevail in your case, and then these are highly regulated as to how much they can charge (maximum). But if you prevail, it will of course be worth it. These kinds of lawyers will not take you on if they feel your case is weak, so the fact that you find one who takes you is one third of the battle. And if you show up with a long history of good records, and a doctor and attorney, your chances are much better. The physician is the other third of the battle. It will take at least a year, probably closer to three years if all goes WELL and you prevail and get SSD and Medicare. The sooner you file, the sooner your "positive finding" can occur. Your own records and "story" is the final third of the battle.
Even if you do prevail, it is an exhausting process, and when I read my final judgement, I thought, "Wow, this guy is really ill." Being disabled is nothing to cheer about, and I'd really rather be working. If you can work at all, I would recommend having a long look in the mirror. Only you know the answer to this.
If you worked for many years and now you cannot, they will want to know WHAT CHANGED?! Pain itself is not sufficient criteria to receive an award. But Non-Exertional Limitations are taken into account. In other words, you might have the strength to do your occupation, but the pain may prevent you from being able to show up much of the time. This is taken into account, but must be thoroughly backed up by Objective Medical Evidence.
Lastly, if you have any other disability benefits, such as those from a former employer, they most likely will SUBTRACT ALL of your SSD award. This is to prevent "double dipping" and it shifts the burden from the Corporations to the Government. It's fairly common in many large Corporate Disability Agreements, all those silly papers you initial and sign when you begin any job. But it still can be "worth it" to have Medicare, which comes as a "tag along" with SSD, as it may become your Primary Insurance.
If you prevail, taxes will always be a NIGHTMARE, but if you prevail, this is sort of a good negative. I wish you the best in your pursuit. And regardless, Carry On! (jqt)
If I may add to John Quills remarks: I have repeatedly heard from patients who have been successful in obtaining SSD disability, that it was not necessary for their physicians to be physically present in court, if their affidavits are filled out properly. A disability lawyer can guide you on local practice in the jurisdiction where he or she advises that your third round of appeals be filed.
Go in Peace and Power
Red
Happy to announce my Social Security Disability was approved on the first go-around. I didn't need an attorney.
I know there's a lot of confustion with all those TV ads for Social Security Disability attorneys, but you don't need one until the 2nd denial hearing. You have to concentrate on getting your doctors diagnosis and medical records documented first.
The attorney will take a large amount of money out of your settlement - either out of your retroactive back pay or a percentage of your monthly allotment.
I HIGHLY ENCOURAGE ANYONE FIGHTING FOR SS DISABILITY TO WAIT UNTIL YOU'VE BEEN DENIED BEFORE YOU HIRE AN ATTORNEY. ONCE YOU'VE BEEN DENIED ONCE YOU CAN HAVE A HEARING THAT YOU DON'T NEED AN ATTORNEY FOR AND IF YOU'RE DENIED AGAIN...THEN YOU SHOULD HIRE A REPUTABLE DISABILITY ATTORNEY.
BUT...YOU MUST FILE AN APPEAL AFTER ANY DENIAL OR YOUR CASE WILL BE CLOSED.