Should I apply? Out of work since 7/4

[WithGrace]

Anyone can share and I'd really like to hear from the attorney Rich:

I was just diagnosed 7/8/14. Since March of this year I have been having an attack but was unaware of MS. It took several Dr visits and then finally having a fall that broke my ankle to get diagnosed. I was hospitalized and given the 5 day steroid treatment. 3 weeks later and my muscle strength is back but my worse complaints are the spasticity, pain and extreme fatigue.
My family is living with me to assist with meals, household duties and caring for my children. My ankle has not completely healed. They are telling me to consider applying for SSD. I'm 32.
I have 2 questions. First, how strong is the possibility of denial? Secondly, should I get an attorney?

[TaoWarrior]

You will almost assuredly be denied at first. Something like 70% are denied at first.

If you truly can not work apply then appeal until you win. I would not recommend a lawyer until the hearing.

If you can win without a lawyer you get all the money. If you have to get a lawyer they take 25% of back pay. From what I can tell there really isn't much for the lawyer to do during the initial application and the first appeal and if you win at that point you basically paid to have them hold your hand. The hearing does make sense to have a lawyer.

But don't listen to me too much I have been waiting over a year and have EDSS of 6.0 memory loss, cog fog, and a list of assorted other problems as long as my arm.

[tspaulding]

I applied for SSDI at 35 and had to provide past 15 yr work history. I do not know how many work credits you need, so if not sure then contact SS.

This process took me over 2 yrs and 3 denials. I did not have an attorney until I needed to see a judge, who approved me.

Good luck and take care

[MSW1963]

You should have a discussion with your MS doc about your MS status and it's effect on your ability to perform daily requirements of your job and to continue employment. Even if it's a temporary LOA, to allow time for you to recover.

The support of your MS doc is an essential part of applying for SSDI, STD, LTD and most disability/replacement income type benefits. MS doc's are required to provide medical info related to the disability that meet the standards for eligibility and to be awarded replacement income benefits.

Best of luck for a full and speedy recovery.

[golfore]

Attorney's only get 25% up to a certain amount, not on the total.

[kelm10]

can return to work

Say that you get approved for ssdi.

If you have a dramatic improvement, there is a program to gainfully go back to work. You can utilize your state vocational rehab and they can help you find what to do, possibly train you. They can also connect you with the return to work with ssdi.

[pennstater]

You may want to discuss with your neuro and also a consult with a lawyer. While not fair, there are two things that work against you: your young age and recent diagnosis. That being said, people have been approved in similar circumstances. The fact you need people to help in daily life activities works in your favor.

Good luck.

[Rich Feingold]

Will I win or lose?

Hi, WithGrace and everyone. It sounds from your description that you are not able to work now, however, the disability must last a continuous period of at least a year. What is your prognosis? Will treatment help you to control some of your symptoms? What is your ability to ambulate? How severe is your fatigue? These are some of the questions I would ask you, or any other potential client. Let me know if you have further questions.

Rich

[WithGrace]

Hi, WithGrace and everyone. It sounds from your description that you are not able to work now, however, the disability must last a continuous period of at least a year. What is your prognosis? Will treatment help you to control some of your symptoms? What is your ability to ambulate? How severe is your fatigue? These are some of the questions I would ask you, or any other potential client. Let me know if you have further questions.

Rich

Hi, WithGrace and everyone. It sounds from your description that you are not able to work now, however, the disability must last a continuous period of at least a year. What is your prognosis? Will treatment help you to control some of your symptoms? What is your ability to ambulate? How severe is your fatigue? These are some of the questions I would ask you, or any other potential client. Let me know if you have further questions.

Rich

Hi, Rich
I had a scheduled follow up with my neurologist. However, now I have no insurance and will have to delay my follow up for next month. He wanted to test all my abilities however with the ankle cast that was not possible.

I now have been in a boot for 2 1/2 weeks. I was scheduled to see the ortho doc in 3 days. I took off the boot yesterday all day and as I tried to walk I noticed it's very difficult. My gait is very shaky and hesitant to describe it best. This is how the break and fall happened, from the trouble with my legs. Medically I have not been given a prognosis yet. My legs feel heavy and weak and I'm constantly trying to prevent myself from falling while standing or walking.

My fatigue is so severe that I can't do my normal household chores and my family assists. My mother does most of the cooking and my father and brother assist with driving me places. I have to avoid being out in the heat during the day which means planning Dr visits, etc. accordingly, because if out too long I get completely depleted and usually end up lying down the rest of the day.

I noticed the fatigue months ago along with other symptoms but my Dr. kept telling me it's just a bad virus and eventually I felt she didn't believe me. Now that she knows I have MS she is much more compassionate.

This same Dr. (my primary) issued me meds for my anxiety and has given me a referral to Psychiatry. I can see her at will because her office allows patients with no ins to pay on a sliding scale based on income.

I need help. Everything is slowly falling apart. I worked hard when I was able. Now that I can't I really need SSA to be on my side. Especially for the sake of my kids.

[Rich Feingold]

Fatigue and MS

So sorry to hear about your symptoms, WithGrace. Here is some interesting information from the SSA neurological listings concerning fatigue:

E. Multiple sclerosis. The major criteria for evaluating impairment caused by multiple sclerosis are discussed in listing 11.09. Paragraph A provides criteria for evaluating disorganization of motor function and gives reference to 11.04B (11.04B then refers to 11.00C). Paragraph B provides references to other listings for evaluating visual or mental impairments caused by multiple sclerosis. Paragraph C provides criteria for evaluating the impairment of individuals who do not have muscle weakness or other significant disorganization of motor function at rest, but who do develop muscle weakness on activity as a result of fatigue.
Use of the criteria in 11.09C is dependent upon (1) documenting a diagnosis of multiple sclerosis, (2) obtaining a description of fatigue considered to be characteristic of multiple sclerosis, and (3) obtaining evidence that the system has actually become fatigued. The evaluation of the magnitude of the impairment must consider the degree of exercise and the severity of the resulting muscle weakness.

The criteria in 11.09C deals with motor abnormalities which occur on activity. If the disorganization of motor function is present at rest, paragraph A must be used, taking into account any further increase in muscle weakness resulting from activity.

SSA will take into account fatigue and it can be disabling. As an example of an illness in which fatigue plays a critical role, SSA recently published a ruling regarding chronic fatigue syndrome. http://www.socialsecurity.gov/OP_Hom...-01-di-01.html.

WithGrace, have you though of meeting with an attorney to discuss the possibility of filing a claim?

Rich

[WithGrace]

Seeking an attorney

Yes I have considered seeking an attorney. I just want to make sure the attorney is skilled in dealing with MS cases. I definitely need one.

[Rich Feingold]

Help with finding a representative

Attorneys who practice in this area, WithGrace, generally don't "specialize" based upon particular types of impairments. We need to be skilled in representing claimants with all different kinds of impairments. Please let me know if you need assistance with finding resources for finding a representative.

Rich

[WithGrace]

Help finding resources

Attorneys who practice in this area, WithGrace, generally don't "specialize" based upon particular types of impairments. We need to be skilled in representing claimants with all different kinds of impairments. Please let me know if you need assistance with finding resources for finding a representative.

Rich

Yes, that will be helpful. Thank you very much.