Re: disability
From: K Nygren (ifirgit@yahoo.com)
Sat Dec 21 22:44:36 2002
Linda,
You can get disability with adhesions....I do and so do a number of others. I also used to work for Social Security so I can give you a little heads up. Appeal the decision. You, most likely, will be denied the second time around as well. If you are, appeal it to the hearings level. Start asking around now though for the name of an attorney that has proven to be successful at winning his claims. Find people who are on disability and had to go as far as the hearings level....they are your best source.
But, first, you are not really filing for disability based on adhesions. You are filing for disability because of the severe pain and other problems that the adhesions cause. If you can, find someone that knows about personnel and hiring, etc., and have them put you through a mock job interview. What are the things that you cannot do? Write them down....but also write down the reasons why you cannot do them. Be specific. You cannot just say that you have severe pain. You have to say just what your severe pain does to you. Does it make you double over? Does it prevent you from sitting for a length of time? Do you have to take narcotics? Obviously this effects your job performance...you cannot operate machinery, drive cars....even if it is to and from work only, and they can significantly impair your job performance. Take yourself through a normal day at work...as it used to be. What are the things you used to do that you cannot do now? Why can't you do them? Some people with adhesions have personal issues that really prevent them from working around clients or other employees...such is severe gas or belching, or in my instance I have constant leakage of urine from my urostomy site because of a hernia that prevents a good seal on my urostomy appliance. How much work do you miss? These are all things that you need to document. Can you work an 8 hour day, 5 days a week? Can you work a 5 hour day....4 hours? Why not? Take the time....about a week...to journal all of your problems. Write every little thing down. When you fill out the appeals paperwork complete it as if it was your worst day. The reason for this, even though every day is not that bad is that you never know from one day to the next just how bad its going to be. Do not minimize things. Also, do not be afraid to say you are depressed. This, I think, is quite critical. While not everyone wants to admit to it, we all have good reason to be depressed. Its only natural. Perhaps the
biggest key is to be specific.
Next, having been in the military, I don't know how easy it will be for you to get a letter from your doctor. Have you seen a civilian doctor? Can you use Tricare to see one if you haven't? If they would be willing to write a letter for you, take advantage of it. But, a technique that I and some of my other friends have used, is to sit down, using all the information you have gathered through doing the interview and the journaling, and write the letter yourself. Once again, be very specific. Often the doctors just aren't specific enough. I have written numerous letters for my doctor for both Social Security and VA disability. He has signed each and every one of them without a question. The only thing he did was have them transferred on to his letterhead. Do not be afraid to try this approach. You will find that your doctor may be very grateful to you for handling it this way. You are saving him the time it takes to do it himself and at the same time if you are specific about everything you will be helping your case tremendously. It is not good enough just to have a letter from your doctor if it isn't specific. If, however, your doctor does not want to use your letter, don't be afraid to tell him that you need the letter to be specific. If when you get it (make him give it to you and you can mail it in) you feel it isn't specific enough ask him to rewrite it until it is. Every letter I wrote also included the statement that "Ms Smith is unable to work at any capacity and should be found disabled for Social Security benefits." Do not use words like maybe, possibly, probably...words that are not definite. When you make a statement...including your forms, do not give them room to question things. It should always be worded as "she is", "she was", or "she will or will not".
If you have more than one doctor, try and get each of them to do this for you. Make sure that if you are writing the letters you vary the wording from one to the other. But cover every single problem that you have. After journaling things for a week you will have a pretty good idea of all the problems you encounter because of adhesions. The letter may not have to cover every little problem, but the paperwork definitely should. You also will need to identify the way your illness has affected your homelife. Are you able to clean your house? Does someone help you? How have the various relationships you have changed? You will also need to identify two people that are witness to your life who can complete forms that basically will state the same things as you tell them and the letter from the doctor say. A spouse would be one good source and perhaps a parent, sibling or close friend. Make sure they are aware of what information you have provided and can back you up when they receive the forms in the mail from the agency. They also really need to be aware that you are completing this as if it was your worst day and explain why. They may also be able to provide insight into things that you are not even aware of. When I applied for Social Security this last time (I had been receiving benefits for 10 years and then felt that I could return to work. I worked for 1 year until I became too sick to work and had to refile. When I first applied beneficiaries were allowed one trial work period...which I had already used up. Now you are given two trial work periods.) the friend that I listed told them about my wearing huge clothes so that people couldn't see the football sized hernia in my abdomen. She also told them about how much I was isolating myself. These are all things that I really wasn't even aware of until she mentioned them.
I think that this information should help you a lot. Remember, don't be discouraged if you are denied at the next level. Probably about 90% of claimants are denied at the first application. At the reconsideration level there is probably about the same percentage. At the hearings level, however, a large number of cases are successfully reversed. The first time I applied my case was based on MS. My diagnosis was only probable at the time. But, I had researched the attorneys (yes, my having worked for Social Security was a big help) and found one that knew all the angles. He knew of a disability that was based on believing you had a disability and would have fought that one tooth and nail for me if he had needed to. He also knew the various judges and was willing to delay my case until my case was assigned to a judge he liked. Fortunately, my case was assigned to a judge that he liked to begin with. When I got to the hearing I learned that this judge served on the board of directors for the MS Society in Detroit. He was very aware of the difficulties in making a diagnosis, etc., and he had a very long talk with me. Before I left, I knew that I would be found disabled. He didn't come out and say it...but I knew.
The other thing I would like to explain is the different programs. You may know all of this, but I will explain it just in case. When you apply for disability because you can no longer work, but have a recent work history that insures you for benefits you are filing for Social Security Disability Insurance or SSDI. This is based totally on your work history. There is also a second program, Supplemental Security Income or SSI, that has two eligibility requirements. First, you have to be eligible for the program based on a disability (it is also available to people over 65 who meet the income guidelines) and second, you must meet the income guidelines. It is considered a welfare program. You can get SSI without getting SSDI if you meet the requirements, but you must file for SSDI if you are eligible. So many people confuse the two programs so I felt that it was worth explaining.
If you don't mind, I will be saving this entire email so that when others write asking for help I can just forward this letter and not have to rewrite it. I will remove your name.
Once again, I hope that I have been of some assistance. Good luck and let me know how it goes or if you have other questions.
Karla
**Soaring with my angel**
http://www.geocities.com/karlasfamily2001
http://www.geocities.com/princessd82000/BraydensHaven