FILING YOUR SOCIAL SECURITY DISABILITY CLAIM - MISTAKES YOU DON’T WANT TO MAKE

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Poster's comment: there is a lot of info on this website

_http://mcsinfo.homestead.com/_ (http://mcsinfo.homestead.com/) for MCS/EI/CI &

other illnesses.

FILING YOUR SOCIAL SECURITY DISABILITY CLAIM

_http://mcsinfo.homestead.com/_ (http://mcsinfo.homestead.com/)

MISTAKES YOU DON’T WANT TO MAKE

Most of the following information was summarized from a website that can be

found at _www.about.com_ (http://www.about.com/) . It is in the health and

fitness section. Follow chronic fatigue syndrome to disability. The

following address may also get you there:

_http://www.chronicfatigue.about.com/library/uc/uc_sdavis15mist.htm_

(http://www.chronicfatigue.about.com/library/uc/uc_sdavis15mist.htm)

Scott E. Davis, Esq. And Scott M. Harris, Esq. have an excellent article on

the above site entitled Winning Your Social Security Disability Claim: 15

Mistakes You Cannot Afford to Make! These attorneys specialize in chronic

fatigue syndrome cases. Much of what they say can also apply to environmental

illness/multiple chemical sensitivity/chemical injury cases. It is recommend

that the above article be read in detail at the about.com site. Below is a

summary with some additional information included.

1. Don’t assume that Social Security employees are always correct in

the advice that that they give you. Be sure you check further regarding

questions you have about your situation or claim. An attorney experienced in

your

type of disability can be critical to winning your case. If you need help in

locating legal assistance, call the National Organization of Social Security

Claimants’ Representatives at 1-800-431-2804 for a referral to an attorney

near you.

1. Don’t assume that SSA will approve your claim because your forms

were filled out correctly and you’ve met all the deadlines, etc. Be prepared

for a long, and difficult process. If you are physically or mentally not able

to do this, enlist the help of family members or a close friend. Some

claimants have been lucky enough to have their SSA caseworker help them with

the

forms. This can be done over the phone. A call to your local congressperson

may result in help from their office staff. If you have hired an attorney, it

is still critical that you keep abreast of the developments in your case,

keep copies of everything and be as helpful and informed as possible.

1. Don’t assume that the info on your forms will win your case. In

most cases, medical records and the opinions of your doctors, psychiatrists

and/or psychologists weigh very heavily in determining your ability to work.

At

a hearing, if the judge doubts your word he/she may look for inconsistencies

in the information submitted on your behalf and use that to deny your claim.

Be truthful.

1. Don’t assume that your symptoms can be the basis for approval of

your claim. “…detailed medical records which document your symptoms and

limitations and specific opinions from your doctor, psychiatrist, and/or

psychologist

â€, per Davis and Harris, are critical if you hope to win your case. Regular

visits to your treating physician are also vital to support your claim.

1. Don’t assume that your diagnosis will be the basis for approval of

your claim. In addition to a diagnosis, SSA needs to know that your symptoms

and limitations are severe enough to keep you from working. Again medical

records documenting symptoms, limitations and treatments are of utmost

importance in winning your case. A case is generally strengthened by multiple

diagnoses. Some diagnoses are more readily determinable as disabling than

others.

1. SSA is most impressed with mainstream treatments and mainstream

doctors, which includes board certified specialists. Your case is stronger if

you are working with a specialist experienced in treating your condition.

Abnormal lab findings and other diagnostic tests that verify your medical

condition are very important.

1. Don’t assume that your Dr will support you in your claim for

disability. Find out as quickly as possible his/her position. Winning your

case

depends heavily on medical practitioners who will support you disability

claim in writing. A local support group can be the source for a referral to a

compassionate doctor. Attorneys can also help with doctor referrals.

1. Don’t assume that you have to go to the SSA doctor examination that

has been set up for you. Often their doctor is not experienced in your

condition and will conclude that you are not actually disabled. SSA rules,

however, allow you to go to your own doctor…. but “this strategy really

should

only be employed by a disability lawyer because complex regulations are

involved and must be complied with,†per Davis and Harris.

1. Don’t assume that you have to wait a year before filing for

benefits. This is not the case. In order to be approved for benefits, you

need to

have been either disabled for 12 months, your prognosis is that you will be

unable to work for at least 12 months, or your medical condition is terminal.

File for benefits as soon as you and your doctors believe that you fit one of

these requirements. In order to be eligible for SSDI, to begin with, you

need to have worked 5 out of the last 10 years. Because it can take years to

be approved, waiting could jeopardize your situation regarding this

requirement. Supplemental Security Income (SSI) is available for claimants who

fall

below certain income and asset levels who do not satisfy the work requirement

to be eligible for SSDI.

1. Don’t assume that you can just file another claim if you are denied

at your first hearing. Once a judge has ruled against you, it can be more

difficult to win a future claim unless your situation changes substantially.

The best defense is a well-prepared case, using an experienced disability

lawyer familiar with your medical condition. Often an experienced lawyer can

win a case with the initial application, so the sooner you hire one to work for

you the better your chances are of having your claim approved. In most

cases, you will only pay a fee when and if you win and the fee is set by law.

In

addition, an attorney can file for back payments after a claim is won, if SSA

’s date for beginning benefits is not acceptable.

Note: Scott Davis and Scott Harris are attorneys who specialize in Social

Security and Long-Term Disability claims. More than 50% of their disability

practice is devoted to individuals with Fibromyalgia (FMS) and/or Chronic

Fatigue Immune Dysfunction Syndrome (CFIDS). They are located in Scottsdale,

AZ

and represent clients throughout the U.S.

Additional note: Although your claim may have begun as Multiple Chemical

Sensitivity be aware that this condition frequently overlaps with FMS and/or

CFIDS