RE: HEARING QUESTION

Hi,
I was recently diagnosed with PPMS and one of my doctors said I should apply for disability.
It seems like most people get denied when they first apply. When you go for your hearing
after being denied, does your attorney go to the hearing with you or are you on your own?
I was wondering if you need a local attorney or is ok to hire one not in your area.
What is important when you apply ? In addition to your neurologist report, do you need
all your test results? Does your GP need to fill out paperwork too?

Thank you.

[thelegendlc]

Disability that soon?

If you were recently diagnosed with MS it would seem to be unusual that you would be eligible for disability so soon. Obviously, everyone's progression is different. However, I was able to work for 12 years following diagnosis before I needed to apply for SSDI.

[jskmssss]

Thank you.[/QUOTE]

[pennstater]

Some people do get approved right away, especially if progressive. Unfortunately, neuro recommendation is not enough. There is specific criteria for MS and your neuro notes have to support this.

If you look thru this forum, there are posts by attorney Rich Feingold that lists the criteria and the section on SSA.gov website that contain these provisions.

I have been awaiting my hearing for 17 months they are backlogged in my area. My attorney will come with me to the hearing. They offer a video hearing, but we thought the in person would be better for me.

Since social security is federal, it doesn't matter who you hire. However, if you are denied, your hearing is based on where you live. While it shouldn't matter, I would want someone familiar with the judges.

There is also a website, if you Google disability secrets that helped me to understand the forms and what you need to provide.


Good luck.

[Mamabug]

I have RRMS. After losing my third job, in 6 years with MS, due to excessive time off during flares and hospitalizations, I decided that it was time to apply for SSDI.

I got written recommendations from three doctors (my PCP, my neurologist, my psychologist); I detailed all of my job losses, gave access to all of my medical records (that included 7 MRI's; multiple other tests, many of them during a two-week stay at Mayo Clinic), hospital admissions, ER visits, etc. I had two periods of being unemployed for approx 8 months each, due to recovery time needed following MS flares. Those occurred following two of the job losses. (After the third job loss, I applied for SSDI.)

I am still mobile, and am often told "But you look so good." I have balance problems, fatigue problems (I take two naps per day), problems with stamina (I wear out quickly), problems with stress triggering MS flares, problems with anxiety for things that others would consider "normal" stressors, etc.

I spent a lot of time on my application and documented meticulously. I was approved in 3 months, with no attorney and no denials. So, I didn't ever have a hearing; just a phone call from SSA (Social Security Administration). I asked my husband to be on the phone with me to assist in answering questions. He also helped me, quite a bit, with recalling all the important information to put on my application.

Have been receiving SSDI since 2008. Life is OK; I volunteer 10 - 15 hours per week at various places in the community; I take care of myself, try to eat healthy and get my necessary rest. The first couple of years, I sometimes worked very part time, but I found that employment created stress in my life, so I gave those jobs up.

[jskmssss]

THANK you.

Hi Kathy,

Thanks for the information and for not being so quick to judge. I have worked full time my entire adult life. As of several months ago, before my DX, I have drastically cut down my hours to a few hours monthly. For me working is therapeutic, I love working and intereacting with my peers. Due to fatigue, cognitive issues and other issues, I just don't know how much longer I can do it.
I have no immediate plans to quit and apply for disability but I do see it as a strong possiblity in my future and was wondering how the process works. I appreciate your helpfulness. I wish you luck in
your process and I hope you get good results soon. Keep us posted how your hearing goes.

Some people do get approved right away, especially if progressive. Unfortunately, neuro recommendation is not enough. There is specific criteria for MS and your neuro notes have to support this.

If you look thru this forum, there are posts by attorney Rich Feingold that lists the criteria and the section on SSA.gov website that contain these provisions.

I have been awaiting my hearing for 17 months they are backlogged in my area. My attorney will come with me to the hearing. They offer a video hearing, but we thought the in person would be better for me.

Since social security is federal, it doesn't matter who you hire. However, if you are denied, your hearing is based on where you live. While it shouldn't matter, I would want someone familiar with the judges.

There is also a website, if you Google disability secrets that helped me to understand the forms and what you need to provide.


Good luck.

[jskmssss]

MAMABUG

THANKS FOR sharing Mamabug.

I have RRMS. After losing my third job, in 6 years with MS, due to excessive time off during flares and hospitalizations, I decided that it was time to apply for SSDI.

I got written recommendations from three doctors (my PCP, my neurologist, my psychologist); I detailed all of my job losses, gave access to all of my medical records (that included 7 MRI's; multiple other tests, many of them during a two-week stay at Mayo Clinic), hospital admissions, ER visits, etc. I had two periods of being unemployed for approx 8 months each, due to recovery time needed following MS flares. Those occurred following two of the job losses. (After the third job loss, I applied for SSDI.)

I am still mobile, and am often told "But you look so good." I have balance problems, fatigue problems (I take two naps per day), problems with stamina (I wear out quickly), problems with stress triggering MS flares, problems with anxiety for things that others would consider "normal" stressors, etc.

I spent a lot of time on my application and documented meticulously. I was approved in 3 months, with no attorney and no denials. So, I didn't ever have a hearing; just a phone call from SSA (Social Security Administration). I asked my husband to be on the phone with me to assist in answering questions. He also helped me, quite a bit, with recalling all the important information to put on my application.

Have been receiving SSDI since 2008. Life is OK; I volunteer 10 - 15 hours per week at various places in the community; I take care of myself, try to eat healthy and get my necessary rest. The first couple of years, I sometimes worked very part time, but I found that employment created stress in my life, so I gave those jobs up.

[Seasha]

It's true that one doesn't always get approved the first time, but I applied and got approved within 3 months. I didn't use an attorney, but I did use this as a resource for getting started- http://www.nationalmssociety.org/Res...lity-Insurance

You can download the guidebooks as described

• SSDI Guidebook for People Living with MS This guidebook was developed to assist you in deciding whether applying for disability benefits is right for you and in navigating the complex application process.

• SSDI Guidebook for Professionals This guidebook was developed to facilitate discussion between healthcare professionals and their patients about the Social Security disability benefit application process and streamline efforts to document eligibility.

I actually called the NMSS and had them send me the guidebook info in the mail. Both were very helpful as applying seemed like a daunting task and both laid out exactly what I needed.

Good for you for thinking of your future~ I hope you can continue to work for a long time! For quite awhile my Dr kept asking me if I wanted to apply, but I kept working as long as I could until I just couldn't anymore. It was the right choice!

[jskmssss]

SEASHA

THANKS Seasha. The information is helpful. I too will get a copy of the book. I do agree
working is a good thing for me. It keeps my mind busy and less time for me to worry an stress
about my future.

It's true that one doesn't always get approved the first time, but I applied and got approved within 3 months. I didn't use an attorney, but I did use this as a resource for getting started- http://www.nationalmssociety.org/Res...lity-Insurance

You can download the guidebooks as described

• SSDI Guidebook for People Living with MS This guidebook was developed to assist you in deciding whether applying for disability benefits is right for you and in navigating the complex application process.

• SSDI Guidebook for Professionals This guidebook was developed to facilitate discussion between healthcare professionals and their patients about the Social Security disability benefit application process and streamline efforts to document eligibility.

I actually called the NMSS and had them send me the guidebook info in the mail. Both were very helpful as applying seemed like a daunting task and both laid out exactly what I needed.

Good for you for thinking of your future~ I hope you can continue to work for a long time! For quite awhile my Dr kept asking me if I wanted to apply, but I kept working as long as I could until I just couldn't anymore. It was the right choice!

[Rich Feingold]

Hi, everyone. Sorry I've been away for a while. Running the practice and answering posts here has been challenging. Thank you for your patience.

Concerning your questions, jskmsss:

jkmsss: It seems like most people get denied when they first apply.
RF: yes, most do, but maybe you won't. About 30% win at the initial level
jkmsss: When you go for your hearing after being denied, does your attorney go to the hearing with you or are you on your own?
RF: Your attorney represents you there; you also can hire an attorney prior to a hearing.
jkmsss: I was wondering if you need a local attorney or is ok to hire one not in your area.
RF: That is up to you. Contact NOSSCR - www.nosscr.org, for local attorneys or your local bar association; or even the phone book.
jkmsss: What is important when you apply ?
RF: too broad of a question to answer here, jkmsss although others may have given their stories.
jkmsss: In addition to your neurologist report, do you need all your test results? Does your GP need to fill out paperwork too?
RF: Yes, all medical records and test results - SSA will develop the file at initial and recon and then should at the hearing level if you are not represented. GP may be asked to fill out paperwork, too.

Good luck!

Rich