Glad it worked out Boomette!! I just didn’t have good reports from others that have gone through this process without a lawyer, so started with one from the get go ~ and yep… It will be a chunk to them (VERY sad face) but ONLY if I get approved. If not approved, they don’t get paid ~
Boomette said:
I didn’t even use an attorney. I didn’t get turned down either. My husband wrote a letter and attached it to my application. I don’t know what he said (and I haven’t found out to this day) but I’m sure he gave his personal view of what living with me is like and how it affects our lives. I’m sure it was very descriptive. The visit to their doctor was pretty much a joke though. Just be honest. I frankly thought giving up a large chunk of my disability check to an attorney wasn’t something I didn’t want to do. Don’t know if anyone else has done this, but sometimes I think they push back harder if you have a lawyer.
Shelli, what was it like seeing the doc’s?? I’m expecting I guess the dismissive mentality; like you said, we can still use our hands and walk… Ugh!!! How ridiculous ~ they have NO idea!!!
Shelli Robertson said:
I started my application in October, had two denies then got a lawyer. The doctors I seen through them knew what I had & confirmed. Was denied the first time saying I can still use my hands because I had motor skills. The second because I can still walk unassisted. My cousin has ms & got a lawyer at the start & she’s in appeals as well. Most cases get denied the first & many the second round. But do remember that TN is not recognize by disability, it’s not in their “list” of ailments. So having a lawyer may be the best option because of all the red tape. Good luck!
Oh, Joe… I thank you so much for your words! I have given all my medical records up to date to my lawyer along with all meds…but NEVER thought about the depression part!! I was on an antidepressant before my MVD … Hmmm! Any advice in how to keep my lawyer ‘honest’ and on a true timetable?? And yep, the longer this drags out, the more they make… The alternative (from asking others and weighing the odds) seemed grim, so opted to do this way.
Squid said:
hello, you stated you were applying for long term disability, do you mean social security disability? If so, you will probably be turned down on your first request. The reason SS does not have enough medical records or history to make determination. IF turned down, you need to file your appeal right away, Lawyers like to drag this out as long as possible as they receive 25% of your back awards. You will need to get medical records to them, every thing you can find like drs.seen diagnosis, drugs prescribed, surgical procedures, there is also the depression that accompany this malady, and the depression issues and treatments carry a lot of weight. This second process will take six months to a year depending on your attorneys submitting records in a timely fashion. I would take a friend along when you see their drs. Just to keep them honest and insist they be with you during all aspects of you visits. Also just keep in mind these doctors represent someone’s interest other than your own. There findings will not be the deciding factors in your case like anything else it can be challenged. If you are denied the second time, you can appeal and your case will be decided by an administrative law judge and in all likelyhood be awarded benefits. In the interim you can apply for short term SSI benefits, this will keep the wolves from the door while your case is decided. my best to you and hope you fare well. Joe
Thanks Scott!! So glad your have THIS battle behind you ~ good advice!!
Scott said:
I don’t think I am an expert, but I will share my experience.
I recently was awarded my long term disability. I hired an attorney firm that specialized in SSI disability and they did not get any compensation unless the I was awarded disability and they could only collect on back payment and it is governed by the government. They said it would be a tough case to win.
My success was due to the fact that I had excellent records, my regular doctor wrote I letter stating my condition and what TN is and what it can do. I also had letters from family members stating what it does to me. I had the three mri’s and the evaluations from two neurologist’s which were inconclusive. The doctor at the hearing for the government was a cardiologist and an internal medicine specialist and we thought we were facing an uphill battle. When he testified he said he had done his research and he backed up what my doctor and both my family members and I had also written. The judge then spoke and said he did his research and come up with the same conclusions. He then said that neither the psychologist , my attorney, or I needed to testify. The total time of the hearing took 15 minutes and I had my positive decision then.
My advice is to have good records, letters from doctors and family members and an attorney that understands the process.
…and I’ll definitely take someone with me… Didn’t think it was a good idea at first, but see what you are saying!
Squid said:
hello, you stated you were applying for long term disability, do you mean social security disability? If so, you will probably be turned down on your first request. The reason SS does not have enough medical records or history to make determination. IF turned down, you need to file your appeal right away, Lawyers like to drag this out as long as possible as they receive 25% of your back awards. You will need to get medical records to them, every thing you can find like drs.seen diagnosis, drugs prescribed, surgical procedures, there is also the depression that accompany this malady, and the depression issues and treatments carry a lot of weight. This second process will take six months to a year depending on your attorneys submitting records in a timely fashion. I would take a friend along when you see their drs. Just to keep them honest and insist they be with you during all aspects of you visits. Also just keep in mind these doctors represent someone’s interest other than your own. There findings will not be the deciding factors in your case like anything else it can be challenged. If you are denied the second time, you can appeal and your case will be decided by an administrative law judge and in all likelyhood be awarded benefits. In the interim you can apply for short term SSI benefits, this will keep the wolves from the door while your case is decided. my best to you and hope you fare well. Joe
Thanks Mb... Not quite sure what all the abbreviations are, but I think I get your point :) you sound like this is your profession?? I appreciate your words and will indeed take the advice!
…hear ya Not Again!! I was somewhat that way during the cold / winter months ~ now that the warmer weather is here I’m feeling some relief and am able to get out some. Hang in there hon!
Not Again said:
How lucky that you can be on disability and STILL get to enjoy an annual family VACATION. WOW! I had to go on disability when I could no longer do my job, because of the medications interfering with my cognitive skills. I had to have outside evaluations and go before a judge and a medical expert…and my case spoke for itself. As they should. But along with my disability and the inability to do my job also came the inability to have any kind of life. I can no longer drive and am basically housebound. Every day that I wake up I am disappointed. Oh goody…another day of suffering…alone.
Mary N. said:
First of all, you did the correct thing by using an attorney – trust me on that. The doctors used by SS (as many hove told me including my husband) are a joke. Just be honest with them. My husband has been on disability for chronic back pain for 11 years and it was his personal doctor’s records that did the trick. In another case a dear friend of mine has fibroneurangia (sp). She tried without an attorney and was immediately turned down. She called me and I told her to get an attorney – and within a few months she was before a judge and was granted her disability. Same thing with my brother-in-law – no attorney the first time around and he is a double amputee. I am going to apply in June when we get back from our annual vacation because of the chronic postop headaches and pain at the mastoid bone site. I just want to make sure we are in town for whatever may pop up.
Just be honest - that is what got my husband and the others as well as having an attorney through the process. Best of luck and keep us updated.
KDB ~ THANK YOU, THANK YOU, THANK YOU!!! You GET what (in my feeble way) I'm asking!! Whew!! ... Knew you guys would have the expertise and experience !! I've read this a couple of times and see something new every time ~ again THANK YOU!!
HI Cris, I think a lot of the lag time depends on which state and county you live in. By this I mean the average time a person will have to wait for their claim to be decided. Here in Charlotte NC the average is three years. I can't see any attorney trying to rush the process since by doing so reduces his/her fee. You can inquire what the average times are in your area and if you are not seeing progress in that time frame give your attorney a heads up chat. You also can just casually mention at one of your upcoming briefings with them that you understand those time frames and ask if yours can be kept in the forefront. This also could be helpful. Ask your neurologist to prescribe another antidepressant and have you followed by a psyc. For depression as this diagnosis is on SS's list of approved disabilities. This will also be listed as a secondary diagnosis for your claim. A couple of the antidepressants do not cause the weight gain and if that is a concern be sure and bring that up with the doctor as some of these can make you gain thirty plus pounds. Hope this is helpful. Cheers Joe
Thank you Joe, I really appreciate your response and will take your words to heart! I've shared ALOT of what is on here with my hubby (he is my rock) and he says "thank you" to everyone too!
I think it's very important to emphasize the difference between long term disability insurance and Social Security Disability Insurance. Long term disability insurance is offered by companies in business to make money and they make BIG money. SSI is a government program we pay into and the government promised us payment when we can no longer work. Insurance companies pay big salaries to people whose job it is to save money by denying claims and if you think your company is different search for their name on the web followed by the words"claim denials" and see what comes up. For a real eye opener search for their name followed by "attorney general." Several of the biggest companies have been investigated and have gotten in big trouble for automatically denying claims. Mine was one of the worst and still is but they're reportedly doing a much better job of processing and approving appeals.
Every conversation you have with the insurance company is recorded and if you leave your claims analyst a phone message, it's transcribed and is in your file.
The doctors who conduct examinations for disability insurance companies are not there to heal you so forget the Hippocratic oath. They are paid by the insurance company to see if you really are disabled and if your disability meets the level of no longer being about to work. They're not your friend . They earn good money performing these evaluations and if they aren't saving the insurance company money, the insurance company will find someone else who can. Some of them are professional and endeavor to make a factual assessment of the extent of your disability. Many of them are not. I know someone who went to one that sneered and subtly belittled her and she left in tears. Her husband was with her and summarized the encounter and sent it to the insurance company expressing his concern that the doctor was biased. A senior claims adjuster called them to ask some clarifying questions while expressing no position on the matter. It may not have factored in the approval but at least the doctor's inappropriate attitude was on record in case her appeal was denied.
I always take someone with me when it's someone I haven't met, I'm in poor shape or it's going to be a difficult conversation and I need someone to advocate for my needs (better meds, different treatment plan, referral to another specialist). It really pays off because you have someone you can discuss it with afterwards that's usually more objective. The pay off is that you don't have to lie awake all night second guessing everything you said.
I went through a psych evaluation. Not that I recommend deliberately failing any exam, but my mistake was scoring outstanding on a facial recognition test.
I think my lawyer would tell you that I was my own worst enemy when it came to the application for Social Security disability benefits. I filled out the SS application using my computer, and in doing so I think I showed an artificial level of proficiency. I feel that if I filled out the application by hand my disability was clearly evident.
I didn't have to go through the process of actually presenting my case to a judge, but in the end I went through about three years of denials before someone finally stepped in and independently declared approval of my application for Social Security benefits. There was a preponderance of evidence in my favor, but it was complicated because initially I had tried and failed to start a consulting business...in the end it took someone who could see through all the clutter.
Mary, so glad for your sister…she deserved it! I wish we could open up ourselves and expose our pain; our inability to work so it was obvious!! Thank you for the encouragement
Mary A. Fazio said:
It was a social security dr. that got my sister her disability. She was almost blind from glaucoma and he made them put a rush on it.
Hi. I live in Canada and was approved for Long Term Disability 4.5 years ago. They are looking for the buzz words, ie. what triggers your TN and how you are able or not able to cope. They will look at the amount of prescriptions you are on and how they affect you. I.E. Dizzy, Tired, Incoherent, Unable to Drive as you are technically Impaired, your pain intensity, lack of Memory skills to do your job, “being spaced out” all the time from the medication, in severe pain, etc. make sure you use those words. Hope this helps.
Dancermom... I went through this in 2010. It may not be as harrowing as you think. After suffering with TN since 2004 I underwent MVD surgery in 2008. Surgery was successful for one year. The TN came back with a vengeance. I never remotely considered the pain could have become worse, but it did. Honestly the time I was not in pain paled in comparison to the time I was...daily.
I was treated by Dr. Edgar Ramirez in Tampa. To this day, I consider him a brilliant doctor. He told me there was no medication to relieve the pain and the best I could do was to take enough meds to make life tolerable. My TN resulted from a very nasty fall in 2003, to the best of current medical opinion. I crushed a foot, broke my back and hit my head (fell 35 feet to concrete). I jumped through all the medical hoops thrown at me with no success.
Synopsis...I applied for disability in 2010 and I suppose in part to my having had the MVD surgery, spinal implant, and thorough history of medical care,, I had my first check in less than one month. I wish you the best and if I can answer any questions, email me directly at ■■■■■■■■■■■■■■■■■■■■■■. Best Wishes and good luck
