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Disability/Unemployment/Financial Difficulties Support Group

You said the magic phrase 2thFairy!
"Presenting my medical files". Records. Paperwork. That is what crucial from the very first time you applied for SSDI and all the way to disability hearing. Must! Must! Must have all your doctor visits, doctors records, aches, pains, surgeries, procedures, disabilities (difficulties performing in home, at work, etc) – all you medical history presented that shows “you can not perform YOUR CURRENT job at all, (not, I had a bad week/month's) or ANY similar work equivalent with your education and job experience. Good luck to you all!
 
My lawyer had two doctors that worked in his office, that he hired specifically to comb through medical files and select the most pertinent parts. They were husband and wife from another country who wanted to improve their English and become more familiar to the whole American routine of practicing medicine. The process was beneficial for all parties involved. I thought it was a really cool thing.
 
I got through it, gang. :) My lawyer was confident afterward. I will click my heels when the verdict comes. Which could take 8 weeks.

BTW: Threw up twice before the hearing. I was pale as a ghost...but got through it. The judge was gentlemanly and had kindness in his voice. I'm praying still.
 
I am so glad you made through it and I hope you get a favorable verdict soon! Take care of yourself! Maybe with some of the stress gone you will feel better!
 

afidz

Super Moderator
13 days and counting until my hearing. Trying not to think about it too much but how can I not?
 

afidz

Super Moderator
I just got off the phone with my lawyer, hearing is on Monday. I am SO NERVOUS
Basically what she said with my case, the biggest challenge is my age. We went over her plan to try to prove that despite me being young, and the fact that I could easily find a job, I would not be able to keep it because of my health. She feels like I have a strong case, its just my age that is going to be hard to get passed.
 
I think I was 26 when I did the whole court thing for disability (in Dallas, even). Age didn't seem to play much on the mind of the judge.

You shouldn't have any troubles on Monday, afidz!
 
Location
Texas
Good Luck Afidz!!! I hope you feel better soon. Keeping you in my thoughts - please don't stress, you have so much going on now certainly the judge will see that age or not! :ghug:
 

nogutsnoglory

Moderator
My COBRA is almost up and I can't work right now. Does medicaid have an enrollment period and how long does it take? I'm really scared of losing coverage. I could apply for Obamacare but would need to wait for the enrollment period to open which isn't till the fall. Even than im not sure insurance kicks in right away.
 
NGNG,
Not sure about Medicaid as that is state ruled. I would contact your Medicade office and get the scoop.

I also wanted everyone to know that SSDI may be catching up with their backlogs. I applied on 12/4/2013 online and the only contact I had was a letter dated 3/7/2014 introducing my examiner to me. I received a phone call on 6/4/2014 from my local SSA office telling me that I was accepted for SSDI. At first I thought this had to be a scam call but after the caller answered some of my questions, I thought this may just be real. SSA just deposited my back payment today. You could push me over with a feather. I didn't have a hearing or anything.

I was told by the adjuster that because I filed online and had multiple qualifying medical conditions that it was actually easy for them to make the decision.
Everyone still needs to hang in there. If you have other illnesses comes up, send in a doctors report. That's what I did.

Mike :ylol2:
 

afidz

Super Moderator
I think in Texas the enrollment period is 2 years ( I really honestly don't know) Are you under 27?
 

afidz

Super Moderator
OH! but I did just think of something. Most of the time you can't get insurance unless you have a qualifying event or you enroll during the enrollment period. One of the valid qualifying events is if you get dropped from your current insurance policy. Which, you will if your COBRA is going to run out. Look into it, that loophole saved me a few years ago
 

nogutsnoglory

Moderator
Yeah im too old to go on parents insurance but I did see the qualifying event and was wondering if that applied to losing COBRA. Thanks, that definitely takes off the edge a bit. I hope whatever insurance I find covers all my expenses.
 
NGNG try looking into the big insurance companies and see if they have a group policy that isn't connected to your employer. I don't know what is out there, or who has them, but I thought I had seen some somewhere. It is scary to think of no health coverage, especially for us. Good Luck and sorry I couldn't be of more help.
 
Congratulation Mike. NGNG try your state for meidcaid or other state insurance in Oklahoma they don't offer medicaid but they do have SoonerCare.
 
SSI did a review on my wife last fall. In November they issued a decision that she is no longer disabled and they would cut her off after January 2011. We had 10 days to file an appeal if we wanted benefits to continue during her appeal period. We filed the appeal timely, but it was months before we heard from the social security office. I expected that because of their backlog, especially after the government shut down last fall.

After February 2014, with no further communication, SSI cut her off. We had some cash in our account, and stupid me, I did not realize the SSI deposit was not in our account until after March. We contacted the social security office in Salt Lake and were told they never received the appeal. We were also told that her case would have been handled out of a different office (Ogden). They gave us paperwork to file a late appeal. Last Friday we received a phone call from Social Security in Ogden and was told........ They found our original appeal. But they are claiming it was not received by Social Security until January 2014 (I can't remember the date) so... because it was not received in 10 days from the determination, they will not continue benefits while the appeal period is in process. This has been so frustrating. It is effecting our ability to pay our bills.
 
Was approved for SSDI. Got a check last Friday and the letter today. Didn't even have to have a hearing. Now if only my insurance company would bite the bulletin and approve my LTD, I could breathe easy. Don't know how they can deny it since only requires I not be able to do my current job and SSDI requires I not be able to do any job.
 

afidz

Super Moderator
Congrats on winning!
Its been 8 days since my hearing and I am all but going mad waiting to find out.
 
Sorry that you are having a difficult time Doug praying for a favorable decision for your wife and afidz. Congratulation Write2bheard.
 

DJW

Forum Monitor
I'm hoping to start working again. Does anyone have experience getting off disability? What happens if another major flare happens & I have no benefits? Do I go through the application process again?

Part-time may be my reality going forward.

Thanks.
 

afidz

Super Moderator
Was just about to respond and then I saw that you live in Canada, my response would be pointless! Hope you find the answers you are looking for
 
Location
Texas
Did anyone see the 60 Minutes Segment on SSDI in US tonight? No wonder we have a hard time with SSDI? It was very interesting.
 

afidz

Super Moderator
I did not, maybe I can find it online
Just watched it on you tube. I found that segment very upsetting. Especially that lawyer that is being investigated
 
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afidz

Super Moderator
Just saw this, I will post it tomorrow
On another note, it's been 30 days since my hearing. I have yet to find out if I won or not. My patience is wearing thin...
 
afidz: In April 2011 I applied for SSD. I used an attorney/lawyer. Choosing a lawyer was the best thing I ever did. Medical records are the key to qualifying for the disability benefits. It took me 21 long months to get a hearing. I had my hearing in January 2013 and I won my case. The judge told me right then and there, in the courtroom, that I had won my case ! Not only that, but I was told that I was going to be receiving two years of backdated pay and I would qualify for Medicare Insurance right away ! I took a cab home from the hearing and I cried all the way home. I was so exhausted from the whole process. Sure, I had to pay the attorney a fee, but it was worth it. I was found disabled for physical and mental health issues. I have major depression. I have been physically and mentally falling apart for several years now. I am only 54 years old and I feel like I am 84. Is anyone sick and tired of being sick and tired ? I am !
 

Jennifer

Adminstrator
Staff member
Location
SLO
Last I spoke to Afidz her attorney told her that it can take up to 90 days for a decision. They called her last week I believe to say that they hadn't heard anything yet. Maybe it's a Texas thing to make people wait so long for a decision. Every state is different.
 

afidz

Super Moderator
Sorry I haven't responded. No I still haven't heard anything. Coming up on 8 weeks since the hearing.
 

nogutsnoglory

Moderator
Someone told me yesterday that there is a window to apply for disability and Medicare when you have a chronic condition. She begged me to apply, but im fighting on not giving in yet. Is it true that you can be denied if you don't apply within a set time of diagnosis? Can't I just claim that even though I'm diagnosed for years that the disease took a turn for the worse?
 

afidz

Super Moderator
There is no way that can be true. Most people that are sick don't go from fine one day to not being able to work the next. It takes time for a disease to progress to the point that they can no longer work. I have been dx for almost 7 years, I am sure if there was a window, I would already passed it and wouldn't be waiting on a decision now
 

nogutsnoglory

Moderator
I'll have to ask this woman what she was talking about than. It doesn't make sense to me either. I know with medical malpractice you have 3 years but I hope that's not with medicare or social security.
 

afidz

Super Moderator
And for medicare, you have to be disabled for a minimum of 2 years before you are eligible
 
Hi not sure if i'm in the right place.... I'm a student - uk citizen does anyone know what financial help i can get after getting diagnosed with ibd? Thank u!
 
does anyone know how dificult it is to recieve disability or social security of some sort in the U.S. for crohn's I've had to stop working and can't afford insurance and apparently missed the deadline for this obama care stuff I've applied online but am told it takes around 4 months to find out if you can even get anything. Desperate for some good news!
 
Sarahh -- I was approved for SSDI first time without even a hearing, but that appears to the exception. I used Heard & Smith from the start. You have to be out of work for a period, but I filed as soon as I was sure it was going to be a long term thing. It took 6 months. By the time it was processed, I'd met the period for having not worked. As to health insurance - a lot depends on the State you live in.
 

Jennifer

Adminstrator
Staff member
Location
SLO
And for medicare, you have to be disabled for a minimum of 2 years before you are eligible
You guys are a little young for Medicare. You'd be getting Medicaid and every state has it's own rules (assuming that's where you got the two year rule because I've never heard of it). You can apply at anytime if you meet the requirements of either being disabled or are low income. Contact Social Services in your area NGNG for more information.
 
Sarahh -- I was approved for SSDI first time without even a hearing, but that appears to the exception. I used Heard & Smith from the start. You have to be out of work for a period, but I filed as soon as I was sure it was going to be a long term thing. It took 6 months. By the time it was processed, I'd met the period for having not worked. As to health insurance - a lot depends on the State you live in.
Thanks! I guess that is some good news I will have been out of work about 6 or 7 months when there 4 month period is up. I had never even thought of applying or even that I could until a friend mentioned it. May I ask how far into diagnosis and everything were you? I've only just been diagnosed this year with no surgeries at this point but steroids aren't working so were about to move to some of the more serious meds. and I can't afford any of the bills I already have. :(
 
I have read several posts here. One post said that they had had their SSD review and were determined to be eligible to go back to work and so the government quit paying them their monthly benefits. I just started receiving SSD benefits in January 2013, but I was backdated to two years before that, so I don't know when my three year hearing will actually be ? Is the hearing three years from the time I start collecting my benefits. If they say I can go back to work and take my benefits away I would be homeless. I am on SSD for physical AND mental health reasons, not just the Ulcerative Colitis. I have had no colon surgeries and I am only taking one medication, Lialda. I had diarrhea for 17 years until 3 months ago I started having severe constipation, which I thought was very strange. I just saw a new Gastroenterologist and I am having a colonoscopy on August 21st. I am not sure I like my new doctor, but I have new health insurance this year and I have to chose doctors within the "network" I signed up for. Anyhow, I hope SSD does not take my benefits away. I have plenty of current medical records that they could review. I already suffer from joint and arthritis pain, but it is becoming way more severe than ever. I cannot move my neck, I cannot lift up my arms and I have hip pain. I also have foot pain, gastro issues, kidney issues, thyroid issues and mental health issues ! I have it all. I think the mental health issues would be the main thing that would keep me qualified for the SSD. I am really messed up and I don't think I could ever work a job again because of it. Sorry this is so long. I feel like venting today. I just had a one hour crying jag. ( Sigh ).
 
Thanks! I guess that is some good news I will have been out of work about 6 or 7 months when there 4 month period is up. I had never even thought of applying or even that I could until a friend mentioned it. May I ask how far into diagnosis and everything were you? I've only just been diagnosed this year with no surgeries at this point but steroids aren't working so were about to move to some of the more serious meds. and I can't afford any of the bills I already have. :(

I was diagnosed in 2012 and struggled through most of 2013 including a stay in the hospital and numerous fistulas. I went on short term disability the end of August and was denied LTD. My appeal was submitted in May and the insurance company has extended their response time once already. In January I decided to go ahead and file for SSDI and contacted one of the firms listed on CCFA web site. I was surprised to be awarded benefits without even requiring a hearing. According to the letter I received I will be eligible for Medicare after 2 years. Fortunately I am covered on my husband's insurance. All States have Medicaid, but it depends on the State what income requirements they have.
 
I was diagnosed in 2012 and struggled through most of 2013 including a stay in the hospital and numerous fistulas. I went on short term disability the end of August and was denied LTD. My appeal was submitted in May and the insurance company has extended their response time once already. In January I decided to go ahead and file for SSDI and contacted one of the firms listed on CCFA web site. I was surprised to be awarded benefits without even requiring a hearing. According to the letter I received I will be eligible for Medicare after 2 years. Fortunately I am covered on my husband's insurance. All States have Medicaid, but it depends on the State what income requirements they have.
thats helpful information I will look the website I know a lot of states changed there policies for medicare and madicade but of course Indiana wasn't one of them and since I am not married and have no kids and am not currently pregnant I can't get any help alone the only way i could receive it is through disability but other than applying I dont know what else I should do in the mean time to help my case along.
 
I think I read that you need to apply for Social Security Disability within 5 years after you stop working. Not sure where I read that, but that is what was in in head.
 
I think I read that you need to apply for Social Security Disability within 5 years after you stop working. Not sure where I read that, but that is what was in in head.
That's correct Kit I believe the 5 years is for work credits. Your benefits are based on your work history.
 
thanks pink and green. I have thought about looking into SSDI, but I don't think I have the medical conditions/paperwork to back up the claim. I haven't worked for over a year due to fatigue, but I think my Crohn's symptoms intestinally are in remission.

Hang in there Afidz!
 

afidz

Super Moderator
Depending on when you were denied, toy might not be able to start a new application. What stage were you denied in?
 
dear mixie: The lawyers I used were Binder and Binder. They did a good job for me, but every case is different. Medical records were very, very important in my case. I think they only went back 3 years for my medical records. I had been seeing a lot of doctors and Binder and Binder got all of my medical records from all of my doctors. I hate to bum you out, but it took me 21 months to get my hearing before a judge. But the judge ruled in my favor right there in the courtroom after the case was heard. I also received two years of back-dated settlement pay. I was very lucky. It was worth the wait. A couple years before I got an attorney I applied by myself, online, and I got denied. I did not appeal at that time because I had no idea how the whole SSD thing worked. I received my settlement in January 2013, Thank God. My sister had been supporting me financially for about nine months. I got let go from my job of 24 years at a bank due to workforce reduction in April 2009. I have not worked for five years and I am now physically and mentally disabled. I made pretty decent money before I was let go, so I think I receive more SSD than some of the folks I have met. I don't ever tell them how much I receive but sometimes they tell me. Some folks only get $700.00 per month. I don't know how they live on that. Well, I am rambling on. Oh, yeah, I forgot, I did have to pay the lawyers a fee and it wasn't cheap but it was based on the amount of my settlement. Since I received back-dated settlement pay, their fee was a good chunk of change, but I was still left with a decent amount of cash.
 

afidz

Super Moderator
In regards to the fee that attorneys can collect:
All disability lawyers charge a contingency fee, you don't pay unless you win. Per federal laws, an attorney can only charge you UP to 6k or 25% of the back date amount. Which ever comes first. My lawyers are now working for free on my case because they have maxed out at 6k. They CAN under special circumstances, collect more if you won your case, but it has to be reviewed by the government to do so. (If your case cost more than the average case for them to produce). I have never heard of anyone paying more than 25% or 6k, but I only discuss such a topic with people on here.
I would recommend not going with a large firm. I feel I could of won in first appeal if my lawyer would of spent more time with me. Go with someone local. (But experienced)
Also, since your in that area, don't hire Eric Conn as he is under investigation for fraudulent disability cases.
I'm going to go and try to find the sixty minutes segment, I will post it when I do. Everyone should watch it
 
I used Heard&Smith. Got their info after reading about firms specializing in CD. I contacted them in January. I had been on a medical leave of absence from my job since the end of August and was appealing denial of LTD. I was awarded SSD in June with back payment to Feb (when I met the length of time being out of work). According to my award letter, the firm received 1 month of my benefit, which Social Security said was the max under the law. I was awarded SSD without a hearing or being denied. I highly recommend the folks at this firm. I only had to make one trip to the local social security office to provide proof of citizenship. The lawyers took care of everything else.
 

nogutsnoglory

Moderator
Anyone know anything about NY Minicobra? Are there any qualifiers or can anyone extend COBRA to 36 months?

I'm thinking anyone. I want to keep my plan because it has been comprehensive and I cost a lot these past few years.
 
Location
Texas
I have been battling my Long Term Disability Company and received my 2nd Denial of benefits. :ybatty:

Their reasoning is this: While we agree that you are unable to perform your own occupation as your condition is unpredictable - medical information fails to document any functional impairment that would prevent you from sitting for any period of time using your upper extremities to perform a sedentary physical demand. (Guess they believe driving or working under the influence of Phenergan/Hydrocodone is acceptable or throwing up and being doubled over in pain at my desk is ok that any employer would accept)

I can appeal again they say or bring legal action and to contact the US Dept of Labor Office or State Ins Dept.

Can anyone offer any advice - I am at a loss and so upset. Any assistance would be appreciated - you can also PM me.

Thanks.
 
Location
Texas
Thanks Jennifer - no I have not been using an Attorney - I thought that was for SSDI only but I'm guessing for regular Long Term Disability that can be used for also.

Would you suggest one of the SSDI Firms that I've seen advertised or heard of on this forum as I don't have the money to hire a private attorney.

Thanks.
 

nogutsnoglory

Moderator
I am still debating whether to apply for disability but still cling to the hope I can work again. I heard it's bad to attempt part time because they will consider any future disability pay based on the position right before applying for disability and not my previous full time and higher pay one. This seems so unfair and counterproductive to helping people try to get on their feet.
 

Jennifer

Adminstrator
Staff member
Location
SLO
Thanks Jennifer - no I have not been using an Attorney - I thought that was for SSDI only but I'm guessing for regular Long Term Disability that can be used for also.

Would you suggest one of the SSDI Firms that I've seen advertised or heard of on this forum as I don't have the money to hire a private attorney.

Thanks.
You can get an attorney if you're applying for say SSI or any disability claim. I haven't used any of the ones mentioned in this thread so I'm not sure how good they really are. I had a private attorney when Social Security tried taking my SSI away claiming that I was no longer disabled. My lawyer didn't get any payment until my case was won and only took a small percentage which he allowed me to make payments on as I had to pay other bills and rent. They take a percentage of your back pay and do a free consultation. Hope you're able to find someone that works for you. :)
 
Depending on when you were denied, toy might not be able to start a new application. What stage were you denied in?
I was denied twice and the last thing I filled out was for "reconsideration of a claim" so I never went before a judge or anything. Things got busy when we were getting ready to move.
 
I used Heard&Smith. Got their info after reading about firms specializing in CD. I contacted them in January. I had been on a medical leave of absence from my job since the end of August and was appealing denial of LTD. I was awarded SSD in June with back payment to Feb (when I met the length of time being out of work). According to my award letter, the firm received 1 month of my benefit, which Social Security said was the max under the law. I was awarded SSD without a hearing or being denied. I highly recommend the folks at this firm. I only had to make one trip to the local social security office to provide proof of citizenship. The lawyers took care of everything else.
Thank you! I will check them out!
 

afidz

Super Moderator
I was denied twice and the last thing I filled out was for "reconsideration of a claim" so I never went before a judge or anything. Things got busy when we were getting ready to move.
Most people get denied twice. A lot of people finally get through in the 3rd attempt. Definitely hire a lawyer from here on out
 
I think that my case is supposed to be reviewed after three years. Now would that be three years from the time they found me disabled ( backdated ) or three years from the time I started to receive benefits ? I think some people get reviewed every seven years ? How does this whole review process work? I am already getting quite anxious about it and I just won my case in January 2013. If my money was taken away I would be homeless. I get scared about everything.( I am getting SSD ).
 

afidz

Super Moderator
Jennifer was reviewed not that long ago, when she comes on I am sure she will be able to give you an idea of what it was like.
 
Most people get denied twice. A lot of people finally get through in the 3rd attempt. Definitely hire a lawyer from here on out
Thank you! I am looking into that now. I do not look forward to filling out paperwork for 3 hours but maybe it will go smoother now since I have already done it once. It's awesome that there are people like you that will take time to help others in similar situations. Having been diagnosed with UC about 10 years ago, I never joined any online groups or anything related to Crohn's/Ulcerative Colitis until about a year ago. It's so cool! Usually I feel like nobody understands.

Thanks everyone!
 
dear mixiestar: What really won my SSD case was all of my medical records. I think the SSD people just wanted the past three years worth of medical records. Since I had been seeing doctor after doctor about many health issues, I had quite a bit of medical records for my attorneys to collect and for the court/judge to review. I also have mental health issues, so I am convinced that the combination of physical and mental health problems helped me win my case. I wish you luck. Don't quit trying. I know a lot of people give up because they get so tired of applying over and over again or they get sick of the appeals process. I tried to apply online myself a few years back and I got denied. After that I thought it was all over for me and I did not re-apply or appeal or get a lawyer at that time. Make sure that the SSD or your lawyers collect all of your medical records from all of your doctors that you are seeing. Well, this is all I know based on my experiences with this stuff.
 
My son is 13 and was diagnosed at age 3. Should I get him on Ss now or is it better to wait till he is older?
I could be wrong, but from what I understand, he will likely get more money if he is considered disabled before age 21. I wasn't considered disabled until I was 24, and as a result I get less money than I would have otherwise. The amount is based on the parent(s) income, I believe. Hope this helps!
 

afidz

Super Moderator
My lawyer called today and said my case has been closed and to look for it in the mail. I'm so nervous!
 
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My son is 13 and was diagnosed at age 3. Should I get him on Ss now or is it better to wait till he is older?
Now, right away. Its a lot harder to get on SSI now than it was in the past, and its far easier if you have been diagnosed with a disability before you even reach working age.

I have two documented disabilities, and this atm is "unknown stomach issues", I was on GPA which does not cover specialists or the tests needed to find out whats wrong. On Medicaid now, so I can actually finally get it documented. This will make three documented disabilities when it is.

Even with the first two, both on their list, I am now in year seven waiting for them to decide whether or not I am eligible. Even their doctor said I was, yet that isn't enough. What they do is sit you down, look at everything and check off all the jobs you can't do, then see if they can find one they decide you can. They decided at my last one that I could do a ticket sales job, where the boss allows one to lay down and rest at need. Only job they could find, that one, which, as far as I know doesn't even exist, LOL. To top that off, my lawyer made a motion saying that wasn't eligible as a job either as I can't sit for long periods, as even their doctor documented. They noted it and said will send decision. Came back denied, I am in the appeal of an appeal now, LOL.

I will say, I was stupid and went into the process without an advocate to begin it, as I thought, I have two documented and one that would be once I got SSI and could see the doctors I needed to. I was very, very wrong, a lawyer is needed.

Before you are 18, the process is a lot easier, so do it now.
 
dear juggy: The first time I applied for SSD I just did it on the computer all by myself. Of course I was denied right away. I did not appeal and I figured that was the end of it. A year or two later I reapplied but I got a lawyer. I used Binder and Binder. I went online and started the process. They sent me a lot of paperwork to fill out so that they could get ALL of my medical records from ALL of my doctors and hospitals too. The records that really mattered were the ones that were from the past three years. Those medical records won my case. I also, under advisement ( but not required ) went to a doctor that Binder and Binder works with and had him evaluate me ( for a cost, of course ). I never saw anyone in person from Binder and Binder until I was in the courtroom ! I had just been communicating with them via phone and mail. It took me 21 months to get a hearing date. I had my one hour in court, with my representative. Some other folks that work for the court were in there too ( one guy, I think, was in there trying to determine if I could work the same kind of job that I had previously worked at. Well, the answer to that was no). The judge decided in my favor right there before I left the room. I started to cry because I was so relieved. Then when myself and my representative left the courtroom he informed me that I was getting back-dated settlement back to 2 years and that I would already qualify for Medicare. I sobbed all the way home during my cab ride. My sister had been supporting me for about 9 months and I had no health insurance at the time of the court decision. I think my case is supposed to be reviewed every three years. My case was not only about my physical health, but also about my mental health. I think it was my Ulcerative Colitis and my mental health issues that won my case, but I am just speculating. I wish you the best of luck, but don't give up. It is a crazy process. Don't stop appealing.
 
dear juggy: The first time I applied for SSD I just did it on the computer all by myself. Of course I was denied right away. I did not appeal and I figured that was the end of it. A year or two later I reapplied but I got a lawyer. I used Binder and Binder. I went online and started the process. They sent me a lot of paperwork to fill out so that they could get ALL of my medical records from ALL of my doctors and hospitals too. The records that really mattered were the ones that were from the past three years. Those medical records won my case. I also, under advisement ( but not required ) went to a doctor that Binder and Binder works with and had him evaluate me ( for a cost, of course ). I never saw anyone in person from Binder and Binder until I was in the courtroom ! I had just been communicating with them via phone and mail. It took me 21 months to get a hearing date. I had my one hour in court, with my representative. Some other folks that work for the court were in there too ( one guy, I think, was in there trying to determine if I could work the same kind of job that I had previously worked at. Well, the answer to that was no). The judge decided in my favor right there before I left the room. I started to cry because I was so relieved. Then when myself and my representative left the courtroom he informed me that I was getting back-dated settlement back to 2 years and that I would already qualify for Medicare. I sobbed all the way home during my cab ride. My sister had been supporting me for about 9 months and I had no health insurance at the time of the court decision. I think my case is supposed to be reviewed every three years. My case was not only about my physical health, but also about my mental health. I think it was my Ulcerative Colitis and my mental health issues that won my case, but I am just speculating. I wish you the best of luck, but don't give up. It is a crazy process. Don't stop appealing.
Oh, I don't plan on it, I'm actually pissed, because I know I am disabled, all the doctors say I am as well and even theres gave me a favorable report ( Binder and Binder tells you not to see the states doctor at all } oddly enough, I first started out with Binder, but they had me doing all the leg work, and even missed a date, which caused me a denial. I switched to United after that, and I haven't had to do anything, they do absolutely everything. They also advised me to see the state doctor, and he gave me a favorable review ( favorable for me, not the state, though his report does gloss over stuff more than my primary ). United got my case on the appeal of Binders denial, I really thought it was a done deal until I got the second denial, now its and appeal of and appeal, if you understand that.

Even if this second appeal fails, United already said they will immediately refile, and this time my case will only be stronger. There was a lot I didn't know going into the process, like being a dumbass, I answered my questions as best case, my lawyer has already told me that was a no, no. You always fill them out worse case, assume the worse because there's almost no chance it will be best case anyways.

Even with that, I was one "job" away from getting it on the spot, for some reason they think I can get that job I doubt exists, never mind the fact, I couldn't hold it if it did. Like my lawyer say's to me, its not a matter of if, its a matter of when. Just pissed it has already taken this long, and there's a chance I may have to start over. Even if I do, my lawyer said it will go much faster that time around if it comes to that. Its just frustrating. If I didn't have my 65 year old mother around, I'd literally be on the street.

I'm glad you had a good experience with Binder, but I did not. I am very happy with United though.
 
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SoCal
I'll have to ask this woman what she was talking about than. It doesn't make sense to me either. I know with medical malpractice you have 3 years but I hope that's not with medicare or social security.
Those things have nothing to do with Medicaid, Obama care
Medicaid is income based, if you make less than a certain amount you qualify period!
You should apply ASAP as it can take months for the paperwork to get processed. Here in ca it takes 6 months. Then you get 100%coverage but restricted care docs etc.
If you don't qualify based on income you can buy a health ins. policy from any of the local healthcare providers based on the life event of the cobra ending. I just did that very thing no problem.
Obama care with the subsidy not sure but you may have to wait for the next open enrollment.
Btw the policy I bought was better and cheaper than the cobra one.
Go for it and good luck
 
juggy: Thank you for sharing your story and I am glad you found representation that is

working out well for you. I think I saw a "state" doctor too. I saw a doctor for my

physical disabilities. I remember seeing him for only 15 minutes ! Then I

saw some folks that assessed my mental health. THAT evaluation took the entire day. I

was so exhausted after all of questions they kept asking me. Yeah, you have to always

present the worst case scenario when dealing with the courts. When I had my

hearing before the SSD judge I spent an hour before my hearing

with my representative going over

my case and what would happen in the courtroom. I spoke very little in the courtroom.

I did pretty well when the judge brought up something that I did not think she would

bring up. Her question caught me off guard, but because my representative had

a meeting with me before I went into the courtroom I knew exactly how I should answer

her question. Yeah, I think the same as you.....I KNOW I am disabled. But one of the

factors in my case was my mental illness. I had a major mental breakdown in 2007

and I was hospitalized three times in three months. My life only went downhill from there.

I went back to work after a 5 month leave of absence from my job due to my breakdown.

When I returned to work I had no ability to focus or concentrate. I also forgot how to do

my job. I was basically doing entry level work when I returned to my job at the bank and

I had worked there for over 20 years at that time. What a mess. So guess who was

chosen to get let go from her job due to "workforce reduction" in 2009......ME, of course

( the sick one ). Keep on being pissed off, that way you won't be giving up - - -you will

be fighting the fight until the end !
 

afidz

Super Moderator
Well. I lost.
I'm on my phone so much of the details will be left out. But basically the judges ENTIRE opinion was in my favor. Everything was spelled out plain as day. My doctors statements, my medical records, even his expert witness was in my favor.
He disregarded his expert witness (then why bother hiring one? ??) And said that his decision was unfavorable because I have insurance. No joke. I read it out loud to Jennifer. She can vouche that it said that.
So right now, I'm getting through the weekend. I'm going to start looking into a new lawyer on Monday. I am at a loss as to what I should feel right now. But let down is a big word right now
 

nogutsnoglory

Moderator
That's ridiculous Afidz, I'm sorry to hear that. So, only people who are most unfortunate should be eligible? There are people on insurance who can't afford it but can't afford not to be covered. Sigh.
 

afidz

Super Moderator
I've NEVER heard of that. So im supposed to be completely helpless before they approve me? My health insurance isn't padding myliving expenses for fucks sake!
 
so Sorry Afidz! Everyone says the first try gets denied. Are you trying for SSD or SSDI? I hope the new lawyer can help. Hang in there!
 
I used Heard&Smith. I never saw a judge or had a hearing. I was approved the first time. Don't know if it was because of my age (60) or because they specialize in Crohn's. They are on the web. Try them.
 
Good luck. I am still fighting Prudential for my long term disability. You would think they'd give it up since social security has a much higher bar and now they can reduce how much they pay by what I get from social security. But they are still fighting it.
 
dear afdiz: Did you have to pay these lawyers any kind of fees even if you lost your case ? I thought these Social Security Disability lawyers would not even take a case unless it was solid and they knew they could win it ? I don't really know how it all works. You certainly deserve to have a favorable verdict. Yeah, my lawyers suggested going to an independent doctor guy ( one they suggested of course ) to be interviewed and examined ( of course for a large fee ). Even though I did not think this doctor they recommended would help me win my case, I paid the fee and went to see him anyhow....just in case it would help my case. At the time I had to borrow the money from my mom and then pay he back.
 

afidz

Super Moderator
I do have a very solid case, if you hadn't read that it was "unfavorable" and you read the rest of the report you would think that I won. It days in several different places on my report that I can't work. I don't owe my lawyer any money because I didn't win
 
:ghug:afidz, definitely hire a local attorney continue to strengthen you disability claim list new medication(side effects)procedures, Crohn's related ailments etc....Hubby is at the reconsideration stage we expect a decision within the next 2 weeks they are waiting on GI last visit & CRS notes.
 
God awful reading these stories, such unfair systems in our amazing 'free' countries'

Our ESA (employment and support allowance) system has a supposedly 'fair' WCA (work capability assesment) where they make you do ****ing star jumps and see how far you can walk unaided, then award you points for these things. People have been denied it when they've had terminal cancer or worse, nevermind major bowel disorders.

The only advice I can give is tat if you know what you are suffering from is fair game for you to claim these benefits, project it onto your tests and MAKE them believe that you deserve it. I know that sounds daft but if you have any doubt, they will probably pick up on it and you won't be treated fairly
 
Yeah, it's a b*tch when you KNOW for a fact that you are really, really sick and that you cannot work, but you cannot convince the courts of this fact. How many tests does a person have to have and how many doctors notes do the courts have to read before they are convinced. I know that there are some folks out there who fake a disability and then they get the benefits and ruin it for the rest of us who ARE sick and know we cannot work.

I am on disability for physical and mental health reasons. If they think that I can work while running to the restroom all day long and also suffering from a mental illness that makes it almost impossible for me to complete tasks, focus, concentrate and remember anything well they are the ones that are "nuts" ! :ack: I have anxiety when I go to the grocery store or have to make appointments, so no one is going to tell me that I can "multi-task" and work 40hours a week with the way my health is. I have depression too, so my motivation is almost at a stand still. It takes all of my physical and emotional energy to go to all of these doctors right now and still maintain my sanity ! I am just tired all of the time.
 
I'm trying to decide if I'm "sick enough" to apply for SSDI. Did any of you go through this before you applied?

I haven't had to have surgery yet (although I'm heading in that direction since my body doesn't respond to meds; Humira is failing after a year, Remicade before that and every other med), and the only complication recognized by SSDI would be anemia, although not true anemia, just very low ferritin and saturation/iron levels, with iron infusions. I haven't lost 10% of my body weight. I don't have fistulas or abscesses. Severe fatigue, joint pain, depression, and anxiety don't seem to matter. You start to feel like you're creating this in your head and maybe you're not really sick.
 
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