Advice on starting the SSDI marathon requested!

[Memphis Slim]

I have R/R MS and I want to apply for SSDI.
I will be 62 in June and was diagnosed twenty years ago.
I work at an internet help desk and the pressure has become too much
for me to deal with.

My GP has diagnosed me with "generalized anxiety disorder".

I have some questions and could use advice.

1. I have notified my neurologist and GP of my plans. They are supportive.
2. I have to fight every day at work just to get through the shift.
I am working for the benefits, not the pay! I have reached a point where
I feel like what good are medical benefits if I kill myself
from the stress?
4. I cannot afford a lawyer, but want to make sure I do everything "by the book" so I do not get denied.
5. I cannot afford to leave work now and not get paid while I wait for a decision.

Ideas welcomed. I am doing research myself, but I am not pretending
I can do this alone.

To add to the stress, my spouse is really not supportive of this decision.
That is HER insecurity. I need to do this for ME.
If she was supportive, I probably would have applied for SSDI years ago.

Thanks

Memphis Slim *-)

[Temagami]

If perchance you are a veteran, I would call the VA and ask for help in doing the paperwork.

[Memphis Slim]

If perchance you are a veteran, I would call the VA and ask for help in doing the paperwork.

I am not a veteran, but thanks. Is it better to go to a local SSI office in person anyway with my documentation?

My biggest fear is that I will "say the wrong thing" and be misunderstood, causing denial of benefits.
I am not looking for a free ride. I really believe my working days are over and I am killing myself with stress.

[MSW1963]

Your local chapter of the NMSS also has a list of SSDI attorneys. The fee for an SSDI attorney is capped at 25% of your back pay award amount.

[thelegendlc]

Online Application

You need to start the process by going online and completing the information requested. Use Google to find the site. You may be able to get assistance from your local Center for Independent Living. It is mostly a government funded non-profit. They do not charge a fee and income level is not a factor. However, not all of the centers provide disability application support. After you complete the online info, you will be contacted to meet with the SSDI office to review your application and provide possible additional information.

[Memphis Slim]

Thanks for the advice. I am checking a couple leads now. Why is it that it seems like "cheaters" are able to get assistance so easily, and those of us who really need help have a mountain to climb?

Be well!

[Memphis Slim]

Bottom line stinks!

So, since I make over $20K annually, I make to much to apply for SSDI?

I need to have my doctor put me on short term disability, apply for SSDI, maybe go to long term disability while I wait, and possibly appeal. Possibly pay thousands in lawyer fees.

If I am denied, I now have no job, no benefits, or apply for the lowest level of SSI after I turn 62.

Or the least favored option, continue to work while impaired by an incurable disease, and just suck it up with "generalized anxiety disorder".

Am I missing something?

[MSW1963]

Is your MS neuron on board and supportive of your decision to stop working/claim benefits such as FMLA, STD, LTD, and SSDI? It's important to have that discussion with your MS doc. Your MS doc is required to sign off for all benefits with a disabling dx in order for your various claims to be successful.

[thelegendlc]

SSDI is not income based

There is no income level that you must be under in order to apply for SSDI. I was an accountant with a pretty decent income when I applied for SSDI and I was accepted within 6 weeks. I am not really familiar with SSI. However, I do know that you have to have an income below a certain point in order to be eligible.

In my opinion, you should not need an attorney to prepare your initial application. Legal fees should only come into play if you are denied and you need an attorney's help for an appeal. If you have to appeal, the legal fees are not out of pocket. SSA determines the fees and they are a percentage of your back benefits up to a maximum if you are approved.

[Memphis Slim]

Is your MS neuron on board and supportive of your decision to stop working/claim benefits such as FMLA, STD, LTD, and SSDI? It's important to have that discussion with your MS doc. Your MS doc is required to sign off for all benefits with a disabling dx in order for your various claims to be successful.

Short answer is yes, both my neuro and GP are on board.

My neuro actually said he respects me for the efforts I have made to defer this decision for quite a while now (a couple years). We have had many conversations. I saw him earlier this month after I had to leave work early because of the stress.

I also saw my GP a few weeks ago. A year ago she wanted me on Lipitor for cholesterol, and she is monitoring my blood work. I am at healthy levels again, just by minor tweeks to my diet.

I discussed what was going on neurologically, not the first time, and she categorized me as having "generalized anxiety disorder". She also encouraged me to make sure she is included in any and all forms and she will give her professional opinion. She stopped short of saying she was endorsing me. *-)

I am still working every day I can and it is not easy. I have had to call in or leave work early on a fairly frequent basis. My boss is aware of my MS and has told me he can see me fighting to stay on the job. I honestly feel it is time to get out of the rat race before I have a serious health event. I do not know when I wake up in the morning if I am going to be having panic attacks before the day is over.

To be clear I want SSDI not SSI.

I need a LEGAL opinion: do I have to go on short term to long term disability and hopefully to SSDI? Or can I just apply for SSDI now while I am still working?

[msgijo]

Short answer is yes, both my neuro and GP are on board.

do I have to go on short term to long term disability and hopefully to SSDI? Or can I just apply for SSDI now while I am still working?

In my situation, the plant doctor had urged me to file for disability for like 5 years before I finally did so (Every time I had to see him for a 'return to work' he always greeted me with "You STILL here?). My neuro and PCP both agreed that they would support me in that decision. But I didn't want to stop working .

It finally can down to a situation where I was basically 'forced' to file for disability. Nothing provable in any court, but bottom line was that there was no work for me to do if I stayed. So rather than risk loosing 18 years worth of benefits I talked to HR. If this route is available to you it may be a place to start.

The way that it worked for me was that I went on Long Term Disability and signed paperwork stating that I was not intending to return to work. Between my accrued vacation time and pay from job I received the equivalent of full pay for 6 months. After that the pay I received was just the LTD until I was awarded SSDI.

BUT because of the fact that I was NOT working and the intent that I was not going to try to return to work was documented I was able to file for SSDI immediately. Of course even with a 3 inch thick binder of documentation I wasn't approved 1st time around . But after I retained an attorney I was finally awarded SSDI.

Good luck on your journey though the maze of government benefits ..

[MSW1963]

Memphis Slim, have you looked into FMLA/Family and Medical Leave Act? FMLA is federal mandate that protects your employment status for up to 12 weeks of unpaid leave per year. FMLA leave can be taken incrementally or the full 12 weeks can be taken at one time. Your doc is required to provide a dx for the disabling condition for FMLA approval. Doc also signs the FMLA form and returns it to your employer.

You can use FMLA to protect your employment status while you go through the application and approval process for STD, LTD and SSDI, and hire an attorney.

I hired an attorney immediately when I requested FMLA. My MS at the time was physical mild, but lots of cognitive impairments, fatigue and insomnia. I was approved with no problems, and my SSDI benefits were coordinated with STD benefits, so there was no interruption in benefit payments.

The 25% attorney fees were more than worth the peace of mind and the quick approval. BTW, my employer was also my insurer, a terrifying position for me to contemplate at the time.

Good luck

[ChristopherG]

MemphisSlim

I went out on STD for 6 months. Then I was terminated. At that time I was switched over to LTD, and had to purchase COBRA insurance. One month into LTD the insurance company demanded that I apply for SSDI. I filed the application On-Line, a representative at my local SS office called 3 days later, and verified some of my answers and then sent the application to the "Review" department. One of the questions pertained to having LTD Insurance. The Representative from my LTD said their lawyers will represent me at no charge. Two months later I was approved for SSDI, and they retro. paid me back to the date when the STD stopped. SSDI sent me one lump sum in one check. The LTD deducted my monthly benefit from SSDI from their monthly benefit and I get the balance each month. The over payment from the LTD company had to be reimbursed after I received the lump sum check. I still had to pay for COBRA Insurance for two years, before I qualified for Medicare.

[thelegendlc]

Good Description of the Process

ChristopherG

Your additional information described the SSDI process perfectly. My experience was exactly the same as yours.

[MSW1963]

Of Course the LTD insurer will defend your SSDI claim for 'free', because your LTD benefits are offset/reduced by the amount of SSDI benefits awarded.

It is typically a clause in the LTD policy that REQUIRES you to apply for SSDI. Your LTD benefits could be jeopardized for refusing to apply for SSDI.

If your SSDI claim is denied, you continue receiving full LTD benefits already awarded.