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When to apply for SSDI?

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    When to apply for SSDI?

    Hello,

    I live in CA and am currently receiving income from SDI since I left my job November 2019. It's my understanding benefits last 12 months. A few quick questions for the group. Should I go ahead and begin SSDI application now to get the ball rolling? Do I need an attorney? I'm curious to know whether the approval likelihood is influenced at all due to the fact i'm currently on disability with Dr. support. I worked hard for 10yrs after my diagnosis in a stress-filled, high-income occupation. I'm the head of the household and wouldn't change a thing. Unfortunately, the wheels are coming off and reality sets in. I'm only 45 so I anticipate a big fight ahead of me and want to be prepared.

    I can no longer perform the duties of my job mostly for the following reasons:

    R foot drop (can't safely drive or walk well)
    Fatigue (a big day is making lunches and folding laundry)
    Can't type/write

    Thanks!

    #2
    I tell my clients to wait a couple of months after they leave work before filing, as this will show the SSDI judge that a claim was only filed when the condition did not significantly improve with time off. As this time has passed for you, now is a good time to consider starting the filing process. Many on this board will tell you that a claim can take a long time to resolve, and I would not recommend waiting until the end of the 12-month California benefit to apply for SSDI.

    The support of your doctor is very important, and will certainly improve your odds of being approved. The catch is that, under age 50, the SSA has to find that you cannot do any type of work on a full time basis, regardless of how much the job pays. This is not an easy standard, but with proper support can be achieved. The fact that you kept working as long as you did with your symptoms should give your claim greater credibility.

    Others can tell you whether they found an attorney to be worthwhile at the initial filing. Clients have come to me both at the initial filing and on appeal. In my experience, the odds of an initial level approval in California are greater than in most states, and a well constructed and well supported application can help increase these odds even further; knowledgeable attorneys can help with this. Should you opt to file the initial claim without assistance and be denied, I strongly recommend that you reconsider hiring counsel for the appeal.

    -Jamie R. Hall, Esq.
    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.**

    Comment


      #3
      I filed at 51 by myself while on employer short term disability, which after 6 months transitioned into long term disability. I was denied despite my neurologist, psychologist, ,neuropsychologist, and boss' support.

      The letter I received indicated that while I could not do my job as a business systems analyst, I could find other employment, such as movie ticket taker. I had to laugh before I cried, as the last time I went to the movies, ticket taker was a turnstile with a scanner!

      I filed an appeal with an attorney, which was successful. My attorney actually said that I had put together a very good case, had great supporting document, and made his job really easy. At the hearing, I even received an apology by the federal judge for having to go thru the process.

      If I had to do it all over, I would have used an attorney and saved my self the aggrivation and stress. I am sure there are some key words that if included, make it harder to deny. If you do file by yourself and are denied, definitely get an attorney for the appeal. Depending on state and where you are in appeal process, at a certain point, you can't introduce new material to the backfile. So having an attorney on initial appeal is really important.

      Lots of luck.
      Kathy
      DX 01/06, currently on Tysabri

      Comment


        #4
        I filed at age 46, also without an attorney. I had the support of 3 doctors -- my PCP, my neuro, and my psychologist.

        When I filed, I'd had MS for six years. I had just lost my 3rd job in 6 years, due to MS. In this case, the job loss was triggered by the 4th year in a row that I had needed to apply for FMLA because I'd run out of sick time. HR (at a school district) decided that it was "in the best interests of the children" not to renew my contract. Twice (following the other two job losses), I'd been off work for 8 months before finding a different job and returning to the workforce.

        I had a consultation with a disability attorney. It seemed, though, as if I would need to do most of the initial work anyways, and still pay the attorney. I decided to take my chances and try on my own. I worked very hard on it, providing medical records that included 7 MRI's, multiple other tests, one or two hospitalizations per year, two week at Mayo Clinic in Rochester to seek a diagnosis, my work hx and my time away from work, etc.

        There were no court dates, only a phone interview with Social Security Administration. My application was approved in 3 months.

        I don't regret not having an attorney. I guess it depends on how solid you feel like your case is. Mine must have been pretty solid, but, at the time, I really didn't know what to expect any more than anyone else does. You'll just need to weigh the costs and benefits of using an attorney.
        ~ Faith
        MSWorld Volunteer -- Moderator since JUN2012
        (now a Mimibug)

        Symptoms began in JAN02
        - Dx with RRMS in OCT03, following 21 months of limbo, ruling out lots of other dx, and some "probable stroke" and "probable CNS" dx for awhile.
        - In 2008, I was back in limbo briefly, then re-dx w/ MS: JUL08
        .

        - Betaseron NOV03-AUG08; Copaxone20 SEPT08-APR15; Copaxone40 APR15-present
        - Began receiving SSDI / LTD NOV08. Not employed. I volunteer in my church and community.

        Comment


          #5
          If you are filing for disability because of MS, the one thing you should take a look at is the SSDI criteria for MS. It has been modified in recent years.

          Like mamabug said, you can always consult with an attorney to find out cost and what they will do versus you. The costs for SSDI are only awarded if you are successful and the amount is capped by law. If you do choose one, I would make sure a good part of their experience is SSDI and that the are familiar with MS.

          The NMSS has a good overview for SSDI and references the numerical SSDI criteria. You may want to check this out:
          http://www.nationalmssociety.org/nat...le-with-ms.pdf
          Kathy
          DX 01/06, currently on Tysabri

          Comment


            #6
            Good to know!

            So much good information that will help me navigate this next chapter. I sincerely appreciate everyone taking time out of their weekend to share ideas/experiences. I believe approval is a no-brainer but time will tell. My medical team hit this awful disease with every chemical known to man: Avonex, Tecfidera, Ocrevus and now Mavenclad. In between I went to the hospital and had apphoresis several times/week. I also committed to extensive OT, PT and daily exercise. I ran a marathon 6 months prior to diagnosis for crying out loud. I was Vegan for 6 months and then followed up with the Whals diet religiously for some time. I bring this up only to highlight that I'm a fighter to the core. Unfortunately disability had made up its mind already.

            I see value in working with a professional since at the end of the day it will lesson my stress. I'm meeting with my doctor soon and will ask more questions about the process. What's the best way for me to connect with Mr. Hall should I decide to go that direction?

            Thanks for listening!

            Comment


              #7
              Coronado,

              The message board rules do not permit me to share my contact information. I note however, that if you have a person's name, google is a powerful tool.

              I wish you well in your upcoming meetings with your providers.

              -Jamie R. Hall, Esq.
              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.**

              Comment

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