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    Can I scream?

    Now I understand why everyone hates the Social Security office. I just got off the phone with a guy who didn't know what "MS" stood for, even though it was written out fully on my application.

    When I initially applied for Disability, not only had I filled out their application online, but I also filled out a hard copy and had my own detailed type-written notes. This was on top of the clerk who entered most of it into their system while I sat there.

    He started by telling me that I'd been receiving my treatment from some neurological institute that I've never heard of. He tried telling me that was the name I'd put on my application, and thankfully I had my neuro's business card handy and could correct all of it.

    Then he wanted to know what kind of mental health treatment I was getting for my memory loss and confusion. Hello? It's part of the MS, not a mental health issue.

    He went through every item that I had listed (which is exactly what my neuro has on my chart), demanding to know what treatments I was getting for everything, and I finally had to tell him that it was all related to the MS.

    The icing on the cake for me was when he said he'd be sending a form to me to fill out my employment history, because I know that he should already have THREE copies of that information.

    If this is a sign of their competence, it's no wonder this process takes so long and so many people get denied. I am just so furious and frustrated right now.

    #2
    Go ahead and Scream!

    Is hiring an attorney an option? I am thinking about starting the process to go out - it would be private disability insurance not SSDI at first (eventually they make you apply for SSDI) - and the first thing my Neuro handed me was the card of the law firm that they get good results from. I called them and they said not to do ANYTHING until I meet with them - and bring a $5000 retainer of course - ugh on that...

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      #3
      Sorry, but yes. They told me I didn't submit correctly, but had the printout confirming it. Told me some items weren't answered, they were. Document name, date, time, and conversations!

      jersey4ever - hopefully they meet with you initially to see about your case and give you an idea on probability of an award before any retainer.

      I did both on my own, wound up denied LTD, hired lawyer. During that appeal, got SSDI denial, needed separate attorney, as my LTD guy was strictly employee law. Hired SSDI attorney, appeal in front of federal judge was successful. That worked in my favor for the LTD appeal, since the next LTD appeal would be to another federal judge and they don't like to contradict each other. LTD appeal successful too.

      If I had to do it again, I would use an attorney from the get go. It would have saved a lot of headache and stress. So if financially viable for you, I would consider an attorney.
      Kathy
      DX 01/06, currently on Tysabri

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        #4
        Thank you, but I really didn't want to hear that! I thought the general consensus was to not hire an attorney until it was time for a hearing?

        I should also add that he continually "quoted" wrong dates that he claimed came from my application and kept arguing with me when I corrected him. If this is so commonplace, why hasn't the Attorney General stepped in and looked at the situation?

        When I went to the SS office for the initial application process, I was told that the next caseworker would contact my doctors and then only contact me personally if they had additional questions. The whole phone call today completely blindsided me, mostly because all of his questions could have been answered if he'd actually read the information I've already provided.

        I'm assuming this is the man who's going to handle my claim until it's all sent to the State, and it really concerns me. If he's already ignoring the information sitting in front of him, is he going to ignore or "lose" whatever he gets after this?

        Comment


          #5
          At the initial level, there is great variety in the experience and skill of the people taking applications for the SSA. Unfortunately, almost all of these SSA staffers are given too much work for too little time. That is why I recommend filing the claims online; you at least know exactly what data has been given in that scenario. The other catch to filing in person or on the phone is that the SSA staffer has the opportunity to include comments on their observations during the application, including if there were issues word finding, if speech was normal, etc.

          The SSA asks for basic work timelines on the initial application, then follows up for more specific information via a work history report forwarded approximately three weeks after the application is filed. This form goes through specific hours spent doing certain tasks at work, and is helpful in defining the physical requirements of your past work (such as emergency room nurse vs. file review nurse).

          Whether or not to hire an attorney has been frequently discussed on this board, and I'll defer to the extent possible. I would say, however, that you should speak to more than one attorney, and make sure you are comfortable with them, as you will be starting a long-term relationship. Also, many attorneys do not charge a retainer for long term disability work (and there should never be a retainer for SSDI assistance). A good attorney can provide value from day one in relieving stress, managing the SSA and doctors, and providing legitimate guidance about the claim process; a bad attorney can be a waste of money.
          Attorney Jamie R. Hall's practice is focused on assisting individuals with claims and appeals for Social Security Disability and Long Term Disability benefits. He has assisted claimants nationwide, approximately half of whom are MS patients, from his Pennsylvania and Ohio locations. **No attorney/client relationship is created by this communication, and information provided herein is not a substitute for formal advisement.**

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            #6
            Humm - I am curious about the comment of not charging a retainer for LTD work - I have spoken to 2 firms in NJ they both required substantial retainers ($4000 to $5000)

            The one I think I like best has been great so far - swapped lots of e-mails and phone calls and I have not retained them yet. They actually want me to go see a specific neurophysiologist in NY and have some testing done. Based on that they will have a better idea what my odds of success are. I have a very hard - Director Level at a Fortune 100 company - job with a large staff and I am seriously struggling - memory, fatigue, executive functioning, word finding etc. I have been a "top performer" my whole life and now feel like I can barely keep up. Unfortunately - the NY Doctor is nearly $6000 for the full evaluation... CASH - then he said I can submit to my insurance and probably get a lot of it back.

            My LTD is Cigna and the lawyers said they are literally THE WORST... ugh on that - but they actually read my whole policy and said at least my policy is very much written for the ability to do MY JOB - not just like any type of work - so that's good.

            My gut is SSDI or LTD - I would at least confer with a lawyer. Honestly - part of me feels like 12 years with my company, pushing 50 years old, clearly diagnosable progressive disease - I am not the one that Cigna is going to try to go to war with...I mean they need to pick their battles also - I could just be a hopeless optimist!

            Comment


              #7
              There are many different fee structures and firm mentalities in the long term disability context. Many hourly firms require a retainer, most contingency firms do not. I've handled cases in New Jersey without a retainer on contingency, but there are good reasons for both approaches. Take the time to be comfortable with both the firm and the fee agreement before moving forward. I agree that the firm's responsiveness to e-mails and questions pre-retention is a good sign.

              Most white collar long term disability plans consider only your past work as done in the general economy (at least for the first 24 months), then will shift to a wage-protected version of any occupation, based upon your pre-disability earnings. The battle for benefits will usually occur at the initial application or at the 24 month mark.

              There are never guarantees in disability claims, but a good work history, consistent treatment, well-documented symptoms and a well-developed claim make a difference.
              Attorney Jamie R. Hall's practice is focused on assisting individuals with claims and appeals for Social Security Disability and Long Term Disability benefits. He has assisted claimants nationwide, approximately half of whom are MS patients, from his Pennsylvania and Ohio locations. **No attorney/client relationship is created by this communication, and information provided herein is not a substitute for formal advisement.**

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