What happens when MS is only part of disability

[GracieBH]

I am being realistic that I will be unemployed soon after 40 years. I have been on intermittent leave, new boss who wrote me up for absenses so it is not going well. I'm trying to get myself prepared. I have a neurologist, primary, gastronologist, psychologist. I have developed panic disorder, anxiety, depression, gastrointestinal issues and agorophobia on top of the MS. I do not take the decision lightly to go on SS Disabilty, I've worked since I was 17 and at 57, too young for retirement. I don't have family that can help me thru this process and with being agorophobic, my doctor visits have been video visits. I have no clue where to start and it scares the heck out of me on how to get this started. I know as long as I have my job I really cannot file yet, but my health, mental and physical just cannot keep this up. So how and what should I be getting together?

[pennstater]

I am sorry to hear this, but understand the need to file. I can share my own experience. Hopefully, Jamie will be along and can add further direction.

If you haven't already, make sure the doctors treating you are aware of your difficulty remaining in the workforce. You also want to make sure they support your decision. You don't need every doctor, but just the ones who treat you for the conditions you are listing as disabling. As an example, I am seen by a urologist for MS related bladder issues, but these issues had nothing to do with my disability filing, so I included as a symptom, but not as a disabling symptom.

For the doctors you are listing, it may be good to get your medical records for the last few years and make sure accurate.

Additionally, if you have any reviews from work that show a decline or increasing absences and need for leave, you may want copies of them.

The other decision you will have to make is whether to file on your own or use the service of an attorney. Attorney fees are capped by law. If you have cognitive issues and noone to help with filing, it may be worth considering.

Some people have had success filing on own. I did not, but used a lawyer for my appeal, and succeeded. I have mostly "invisible" MS symptoms (fatigue, numbness, vertigo), was seeing a psychiatrist and psychologist related to situational depression and anxiety over decision to stop work, and had neuropsychologist testing. I also had a letter documenting my declinibg performance and abilities over 4 years from my boss. Even with the support of my doctors and my boss, they still denied it.

SSDI requires you can't do any full time work, not just that you can't do your job. So it is important to illustrate this. In my original denial, they acknowledged it would be difficult to continue as an IT project manager and analyst, but they told me I could be a movie ticket taker! On the appeal, the judge was super nice, and even apologized for the ridiculous statement.

There is a specific listing for MS on criteria that qualifies as disabled. But even if you don't meet that listing criteria, you can qualify based on meeting some of it combined with other coexisting conditions.

When they evaluate your application, they will consider your age, work history, education level, type of work you do (sedentary vs physical), along with other things. Your age and long work history should work in your favor. If you have been on leave related to the disability, that should also help.

I wish you the best of luck.

[NoraS]

I'm assuming your job doesn't qualify you for FMLA?

I'm one of the lucky ones who was approved first time through. I printed and filled out the application at home, adding extensive details, and then set up an appointment at the local SS office to turn it in. I was "lucky" enough to be in the midst of a major exacerbation at the time, and I did have my doctors' support. That's very important. If your doctors are the kind who are still insisting that there's nothing wrong with you, you're going to have an uphill battle.

The SS office actually told me that they were glad I didn't take copies of my medical records to them, because they have people to handle that, but I discovered later on that they only contacted my neurologist. Since you have a number of issues from various doctors, get copies of all of your records, particularly the ones showing that you've been dealing with these issues for x-number of years. My advice is to turn them in at the same time as your application.

As PennStater said, your lengthy work history will be in your favor, but not if you're highly educated or working in upper management. The more schooling and training you have, the more likely they'll be to determine that you can work at something else.

I did just fine applying on my own, but from what I've read in this forum, you'll be better off hiring a qualified Social Security attorney.

[TheMSLawyer]

The prior posts have already provided most of the information that I would provide to my clients in your position. I'll be somewhat redundant, but stress what I have seen as the most important factors. (1) Discuss disability with your doctors. See if they support a claim. Oftentimes, this will cause the provider to write more in-depth notes that will be of greater help in your SSDI claim. (2) Prepare financially. Even if you are approved immediately, the SSA does not pay a benefit for the first five full calendar months you are out of work. Most people are not approved immediately, and have to go to a hearing for approval (the initial level denial rates have increased over time). (3) When you leave work, you should ask a trusted colleague to write a letter on your behalf. This can discuss their experience with you, your work ethic, and their observations of your increasing struggles at work over time. (4) The SSA will gather records... to an extent. Your adjuster will send out medical record requests, but the follow up and success of these requests varies greatly. You will want to either obtain your last few treatment notes before leaving work on your own, or will want to confirm that the SSA has actually received these records after you file.

I recommend counsel at the initial filing, but some folks choose to do it themselves with varying results. If a person is denied when filing the initial claim on their own, they should strongly consider getting counsel.

[GracieBH]

Thank you for the replies. I am on FMLA and even that doesn't seen to protect me. I already got wrote for being absent with that. I do have at least 2 doctors and 1 psych Dr that will back me as well as a couple coworkers. I worked almost 40 years for the same company, more than half my life, I just have become so rundown and tired, mentally, physically it's only a matter of time. They won't fire me, they want me to quit and I refuse to. With the fatigue from the MS and the anxiety etc... it's not good.

[pennstater]

Hi Gracie BH. Sorry to hear that your employer is pushing you. At a certain point, you have to way the anxiety and stress and it's impact on your health. Of course filing and being on disability introduces its own stress and anxiety. But only you can decide when that timing is right.

One works of caution on coworkers support. My boss, his boss, and several coworkers offered to write something for me. Once I went out, HR informed all of them they were not allowed to write anything on my behalf - all under the pretense of potential legal liability (I worked for a large insurance company). Needless to say, noone wrote anything. My boss did write one later, but that was only due to the fact he left the company a few months after I left. Not sure if feasible, but maybe you can get before you leave, whether voluntary or involuntary.

[lukeduke]

I was terminated from my chosen career in 2016 subsequently diagnosed with narcolepsy to top the MS and obstructive sleep apnea.
I really want to work, but I am starting to realize that I cannot do a job that has me on my feet all day.
I actually had a hearing for my SSDI but was told the wait sor a hearing was two years. I found a job that I met the requirements of typing 30 WPM and having a pulse.
I quit that job before my hearing and my termination there due to not making enough sales.
Those customers knew all our "tricks" to try and get them to buy. And I'm sorry but that "approved" scripting they had did nothing.
So since I had worked they denied me.

[GracieBH]

filed for SSDI and have been declined once. I have an attorney and he is saying I will probably be decline again because I have only done video visits with my primary and one of the two therapist. Between having MS issues, panic disorder, agorophobia, depression, severe fatigue, gastrointestinal and 4 doctor apparently it wasn't enough proof. Seems the SSDI is focusing all on my MS and totally ignoring the mental issues and intestinal issues. Even my therapist was taken aback about the decline. I going to lose my home and everything I've worked for since I was 17. I didn't leave a good paying job after 40 years to milk the system. I haven't been able to drive to see my dad who is 90 and it is breaking my heart. I've lost hope that this nightmare will ever end.

[pennstater]

So sorry GracieBH. I hope your lawyer's expectation is wrong. Is the lawyer appealing your denial?

If so, even if denied, you can file a new claim later. I know not ideal, but it may be an option. Talk to your lawyer about what you would need to help your claim. If you need to see your docs, make appointments. Then make sure your initial claim focuses on MS and your other disabling conditions so that all issues get evaluated. You would also want to discuss timing of your new filing should it be needed to make sure eligible. You may also want to file the initial claim using an attorney to maximize the probability of approval.

Do you belong to a church or other organizations that may offer resources and some help? Any friends or family who could offer a ride to and from to go see your father ( not sure how far away he is). Have you tried contacting the MS society and the MS navigator resource? https://www.nationalmssociety.org/Re...n-MS-Navigator

[TheMSLawyer]

GracieBH,

A sizable number of claims are approved only once they reach the hearing level, and go through two levels of appeal before that decision. In fact, only around 35% of applications are approved at the initial level, and the nationwide approval rate at the first appeal - called reconsideration - is only 13%. If your conditions justified an initial claim, they likely justify an appeal, and you should plan on going to a hearing. At a hearing, your and your attorney will have the opportunity to review and respond to exactly what the SSA doctors have said in their examinations and reviews. Additionally, you will have had additional time to build a treatment history with your providers.

The problem with filing a new claim is that you give up the ability to request benefits for the period before your prior denial date. In some cases, this can be substantial, and there is no guarantee that a second claim will have a different result than the first claim. Exceptions may include if the claimant has just turned 50, if there is a notable change in condition, or if treatment notes show stronger evidence of disability.

Video treatments are a challenge in all cases. When it can be safely done, I've encouraged my clients to see their neurologists in person if they have a claim pending, as this permits the neurologist to do a much more thorough examination. Documentation of these objective tests is very helpful.

Finally, the SSA often gets 'locked in' on a primary condition when they assess a claim, and fails to fully assess all conditions. Although counsel can help reduce the chance of this at the initial level, counsel can force consideration of all conditions at the hearing level. Remember, the SSA should be considering the combined limitations resulting from all conditions.

Hopefully this general information helps. Please be sure to talk with your attorney before making any decisions, as he should know your case better than anyone else.

[pennstater]

MSLawyer - Thanks for pointing out things Gracie's lawyer should focus on during the appeal process and identifyng what could help her case while waiting for an appeal, such as scheduling doctor visits.

[Mamabug]

Thank you for the replies. I am on FMLA and even that doesn't seen to protect me. I already got wrote for being absent with that. I do have at least 2 doctors and 1 psych Dr that will back me as well as a couple coworkers. I worked almost 40 years for the same company, more than half my life, I just have become so rundown and tired, mentally, physically it's only a matter of time. They won't fire me, they want me to quit and I refuse to. With the fatigue from the MS and the anxiety etc... it's not good.

I'm sorry that FMLA may not protect your job. However, this might be another factor in your favor, as far as your SSA application is concerned. I used all 12 weeks of FMLA in 2002, and employer had to let me go when I ran out. I was self employed in 2002-2003 and had to quit, due to MS again. In 2004, I obtained other employment. After applying for FMLA for the fourth year in a row, and being denied and let go in 2008, I filed for SSDI. I was approved, without an attorney, within 3 months.
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I credit my quick approval to:
- filing out the forms in detail and with great diligence,
- lots of lots of medical records (including hospitalizations, ER visits, many MRI's and a 2 week trip to Mayo Clinic),
- supporting letters from 3 doctors (primary care, psychologist, and neuro)
- and to my persistence, over the years, with attempting to remain employed as long as I could.