# filing for Disablity for the first time???



## unblissfull (Mar 21, 2003)

MrsMason, you seem to know a lot about everything so I have a question for you. I have Fibromyalga, thyroiditis, IBS and have had a minor stoke. All have combined to now change my life forever. I not only have a hard time thinking, multi-tasking, writting, speaking, not much short term memory. I was thought to have CFS at first but then they discovered the stoke on my MRI which changed all that. I have lost one job and feel that I am on the verge of lossing another. I only got this job(I work 20 hours and they know my limitations but are frustated with them)so I could get the unemployment I needed to keep my house and home. I'm married to a very supportive husband, but I have always been the major bread winner. I just made my appt for disabilty for Feb 11th and am not sure what to expect.







I read in the past that these conditions are now being better excepted for benifits but what kind of battle can I expect. Should I call an attorney? Do I need one? How do you explain your condition when it isn't appreant just but looking at you?







Is there somewhere to go to find an attorney that is famial with these conditions and the limitations? I have read all the web info and don't know what to do? Can you help me???


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## M&M (Jan 20, 2002)

Unblissful,Wow, I am flattered and humbled. I swear I don't know that much, I just have a lot of good links!







Filing for disability is a pain, but it can be done successfully! I won my case in 2003, so I know it CAN happen.I would definitely suggest you contact an attorney that specializes in Disability Law. It helps take some of the stress off you (which as we all know, stress usually makes us sicker), and they know how to word things in the appropriate way, and what information to get from your treating physicians, etc. Here is a link to a really great website, if you click on the USA Law link, it will take you to a forum moderated by a lawyer from Chicago. He answers your questions for free, and you can even call him at his office, for a free consultation. He takes cases from any state, but can also recommend good lawyers in whatever state you're living in. Here's the link: FibroHugs.com At that same website, you can download all the old chat transcripts that might answer a lot of the questions you currently have.One thing to expect is you will most likely be denied after you apply the first time. There is then an appeal, which is denied for most people again, then you get to the Court Appearance before a Judge. This is when you'll be so glad to have an attorney, and most cases that go to court are won! So that's good news. I think most lawyers only charge you if you win. They can take up to 25% of your backpay - Which sounds like a lot, but it is SO worth it.I hope this helps, and if you have any other questions, feel free to ask!


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## poet (Nov 17, 2003)

a lawyer might help but it seems that the first time claims are often turned down. I am on disability for just IBS. My experience is that you have to be unable to work at all to get it. You might do a search of the bb. This disability topic comes up about once a month. good luck.tom


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## M&M (Jan 20, 2002)

The guidelines for who is considered disabled is based on how much money you can make, as opposed to how many hours you work. If you make under $840 a month (at least as of 2003, may have gone up a bit for 2004) it is NOT considered "Substantial Gainful Activity", and you are considered "disabled". There are no disability laws concerning Fibromyalgia, which makes it difficult to win disability cases solely for Fibro. However, there very well may be laws pertaining to your other problems. I strongly advise consulting an Attorney, most of us (yourself included, I'm sure) have so much trouble thinking straight it is impossible to fill out so many forms, or word answers in a way that makes sense. Having an Attorney saves you all that hassle, when we know Fibro-Fog is NO JOKE!!







Here's a link to the Social Security website, you can get lots of info there! Social Security


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## M&M (Jan 20, 2002)

Douple post. Oops!


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## M&M (Jan 20, 2002)

I apologize, you must make under $800 a month for 2003, not under $840.See, I told you I don't know about everything!!


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## poet (Nov 17, 2003)

I think the amount varies by locality.tom


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## M&M (Jan 20, 2002)

Actually, Social Security is a federal program. That is very helpful in that the laws and regulations are nationwide. It's nice because a lawyer in Illinois can help a client in Texas. 1 law for the whole country. The guidelines and regulations are the same, no matter where you live in the country, because it's a federal program. There are many State funded programs for financial assistance. The laws, guidelines, and regulations for State funded programs DO vary by State. Which is nice too, so wherever you live you can find out which Federal programs can help you, AND which State programs. Some states are much more generous with their assistance than other states. Hope this helps!


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## unblissfull (Mar 21, 2003)

I thank everyone for your words of advise. I did call an attorney ans was told I have to be denied first before they will take my case. I also have a very good friend who is going to help me communicate both in writing and speaking when words fail me. She has known me for a very long time and completely understands all of the facts and the person I used to be. I know I will be writing again soon.Thanks


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## M&M (Jan 20, 2002)

Great! Sounds like the wheels are now in motion! My attorney told me the same thing. Keep us posted on your claim, and best wishes!!


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## Susan Purry (Nov 6, 2001)

Unblissful, it's really great that your friend is going to be on hand should you need her help. Good luck with your application.


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## ShellyMcG (Jul 29, 2002)

Hi unblissfulI disagree with the advice you were given about not hiring an attorney until you are denied.Here is a statement from my attorney---BTW---I won my case, and would have bailed out many times during the first two denials had it not been for his help.Good luck and keep us posted. Remember---attorneys only get paid if you do. Let them do the work.Here is the statement from my attorney;I feel very strongly that the best time to hire a representative is as soon as you have filed your application, before you complete that activities of daily living questionnaire. Our clients know the importance of seeing the right doctors and how to talk to them. We make sure that questionnaire is answered accurately and help make certain that the claim will be as strong as possible. I really feel that the earlier the rep gets involved, the better the chances are the claim will be approved.


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## SusanLawton (Dec 23, 2003)

Hi there... I would like to add my own personal experience with SS disability to the rest here...I got sick in 1995, and was unable to work shortly after that (2 or 3 months, I think). I filed for SSD without an attorney, and was denied twice. At that point, I sought the advice of a lawyer, and he got me a quicker hearing and a ruling in my favor. He told me at the time that I probably should have sought his help in the beginning, and that it wouldn't have cost me any more money, as lawyers are limited in the amount of money they recieve when you win your ruling.Since my doctor had documented every test, every visit, and every response to medication, we went into the hearing with evidence on our side. We also got lucky in that the medical expert that the judge appointed to my hearing was very familiar with the disease process of CFIDS. She saw from my chart that I presented ALL the "classic" symptoms of CFIDS, and after asking me only 3 questions, she advised the judge to rule in my favor. The judge himself asked me only the most basic of questions (name, address, age), and my husband was asked to describe a "typical day" for me. He did so, and the judge listened closely. After that, it was pretty much done - the judge said he'd most likely rule in my favor, and that I'd recieve something from his office within a week. About a week later, we got word from the attorney's office that we had won a favorable ruling, and that the paperwork should be in the mail to us...







My advice to you, and to anyone filing for SSD, is to consult an attorney as soon as you decide to file. They *may* want you to take the first steps on your own, but with CFS, FM, IBS, and all those odd syndromes which have a diagnosis by exclusion of other illnesses, it will pay in the long run to have a lawyer lined up. The other thing I strongly recommend is that you have your doctor document everything - every test, every lab value, every complaint - all of it. The team that advises the judge will look for the symptoms outlined in the SSD case definition book.Good luck, and please let us know how it goes for you.







Susan


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## unblissfull (Mar 21, 2003)

I'm so worried that the judge will look at me and say you seem fine to me! How do you deal with the short term memory loss and confusion??







I do things that I think are right only to find out they aren't. My employer always has to deal with my mistakes and has to make me redo everything. It's so very frustrating for both of us.














Somedays I think they are going to have enough of me and kick me out. I've already lost one job because of my health. I don't think I would find another one that will accept my problems and I will lose everything I've worked all my life for, I've already lost my mind and my career and most of my savings next will be my house. Thank God I have a wonderful husband, family and friends. Even though they don't understand what I'm going through and how hard everyday is for me they are still there with lots of love and support.  I'm going to call an attorney tomorrow and try to find one that knows something about my condition. I don't think I can communicate well enough to get through this alone.My Dr scheduled another MRI for me and an appt with a brain dr to see if there is any further damage from the stroke, I think it's just stress. She upped all my meds and my thryoid is acting up again, my blood pressure is up and the memory problem is worse, so she is worried. there are moments that I feel fine than I get tired and it all goes to hell.







I just sick of being sick. One friend told me it must be like an athelte that has a bad accident and can't run anymore. What do you do? I wish I knew. I need an answer now!!!







The bottem of the well is coming fast.Anyway thanks for listening.


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## poet (Nov 17, 2003)

hang in there.tom


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## SusanLawton (Dec 23, 2003)

> quote: I'm so worried that the judge will look at me and say you seem fine to me! How do you deal with the short term memory loss and confusion??


In the majority of disability cases where there is no "visible illness", SS will send you to a psychiatrist for clinical evaluation. I was sent to two of them, and they did all sorts of intelligence, memory, and personality tests - and those results *proved* that I wasn't making up the "mind fog" so common with CFS/FM. How do *I* deal with the "brain fog"? I have notepads all over the house - and I write down all sorts of stuff so I won't forget it. I also have a digital voice recorder - I talk to it all the time, too.







I know without even having to think about it that I couldn't function in the workplace, though. There are some really great articles online which describe the symptoms of CFS/FM and were written specifically to show to your employer or family. Perhaps you might look for some of those, print them out, and take them to your employer? They were invaluable for me when I tried to explain to my family and friends what was going on with me.Good luck...







Susan


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## poet (Nov 17, 2003)

right. a good psychologist should be able to tell what's brain fog.tom


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## unblissfull (Mar 21, 2003)

Well, I called 3 attorneys and no one will even talk to me with out me going the first round on my own. I have all my appts made for the mri and the brain shrink dr who will do the testing. I'm going to fill out the paperwork myself and let them see how I really am. I have some good info that I found one the web should I put that in there? I also have a journal of when I lost my last job and it tells how this all started, should I include that too? I have my appeal letter from my dismissal that I won also. What would be allowed? Can you put in anything that will clearly show the change in me? My employer is also willing to add a letter telling of the challanges I have at work. I know when I go for the testing they won't be able to tell anything if I'm not tired so I'm not going with much sleep and that should be a better picture of me. I'm so scared of all this. I know I can't work full time, but I can't live without money coming in some how. I know this is a long process and even then I could be denied and that is the worsed fear I have. What will happen then? How long between filing do you get and how many times do you have till you can't file anymore. Does anyone know at the longest how long could this take?


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## poet (Nov 17, 2003)

The timing depends on where you live but it took almost a year before my first denial. Your state might provide some support once you start the process. The journal should be helpful but I'd be cautious in telling them you found information on the web as that shows you are capable of some work?tom


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## SusanLawton (Dec 23, 2003)

I found an excellent website with some great articles on filing for disability, among other topics. Here's the link: CFS Files







Susan


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## SusanLawton (Dec 23, 2003)

Obtaining Disability Benefits - David versus Goliath?by By Disability Attorney Scott E. Davis. ImmuneSupport.com06-01-1999 Remember the epic battle between David and Goliath. On paper, David clearly had no chance to win, fortunately his heart and soul did not know it and with determination, persistence and divine intervention he prevailed! Ever wonder what might have happened if he was aware of his predicament? Would he have fought or ran the other way? Every day at the Social Security Administration (SSA), seemingly epic battles between disability claimants and SSA are fought. The Bounty? Disability benefits. The battle unfolds like this: you become unable to work due to a physical and/or mental illness and apply for disability benefits. After all, you've paid into the system all these years for this exact situation. Heck, even your doctor says you can't work. You figure it is simply a matter of completing paperwork and time until you begin receiving benefits. . .but for now you are starting to experience financial problems. As the months go by without an answer, you reassure yourself this must be a simple case and the delay is "due to government bureaucracy." After several more months your frustration grows, you call SSA and get no answers, or worse, the ones you get are all different! The bureaucrats you spoke with were rude and put off by your phone call. You remind yourself SSA is on your side. It's job is to help people like yourself by paying disability benefits, right? But. . .you begin to feel like David. The Big Day. . . You finally receive an envelope from SSA, tear it open to find a benefit check and instead read: "We have Denied your claim for disability benefits as our trained staff and medical doctors have determined you are not disabled under our laws." You're angered, frustrated, scared, intimidated and now overwhelmed by the thought of fighting Goliath. . .the Federal Government. Pages into the decision it mentions appeal rights, but the decision seemed so final and left you with no hope. You do not know the law, the system and even if it is worth it or how to fight. Your alone and defeated. . .exactly how SSA wants you to feel! As a disability attorney I meet with clients everyday who tell me this same story. Fortunately, those clients took the bold step of appealing the denial and fighting for benefits. What should you do. . .Persevere! 75% of all disability applicants initially will be denied benefits! Half of those denied will give up and not appeal the denial! However, 53% of the applicants who persevere to a hearing before an Administrative Law Judge obtain benefits! Now you understand how the system works, it is designed to deny benefits to as many people as possible. SSA denies initial applications because it knows 50% of the people will give up and not appeal! But for those who persevere and appeal the denials, the majority are eventually granted benefits. Understanding the System 1. Initial application - Every claim for disability benefits begins with the initial application. 75% of all applicants are denied at this step. SSA looks for a reason to deny benefits. The decision is based on forms you completed and medical records, you won't meet with anyone involved in making the decision. It is surprising when anyone wins at this step. Don't quit--You must appeal a denial within 60 days. 2. Reconsideration - The second step in the system but the results are worse. 82% of all applicants are denied at this level. SSA reviews your file again and issues a denial, unfortunately it may take months to receive. At this step, only 50% of the original applicants are still in the system, the rest gave up. Appeal the denial immediately. Up to this point in the system you have been a social security number and a file. 3. Request for Hearing before Administrative Law Judge - Congratulations! You have persevered in the system and now have a good chance to win benefits. 53% of all claimants win at this stage! Why? Primarily because your claim is entitled to a de novo or new review by a Judge who knows the law and does not work for SSA. Also, you get to testify before the Judge about your inability to work and she/he assesses your credibility. Finally, hopefully you have obtained opinions from your doctors about your inability to work. You must win your case at the hearing stage; if you do not, you can appeal but your claim will be tied up perhaps for years with the likelihood of success dramatically reduced. Increase your odds of Winning Now that you have an understanding of how the system works, here are some tips on how you can maximize your chance for success. 1. Appeal every Denial - It bears repeating, DO NOT QUIT after receiving a denial. Now you understand you must get to a hearing. Up to that point SSA and the odds are overwhelmingly against you - receiving a denial may be cause to celebrate because your a step closer to a hearing. 2. Retain a Disability Attorney - Retaining an attorney who specializes in disability law should substantially increase your odds of winning. Most claimants have no idea what they need to prove to win their case. Practically all disability attorneys work on a contingency fee - you only pay a fee if you win your case. Also, Federal law sets the maximum amount the fee can be in your case. An attorney will develop your case by obtaining the necessary medical and vocational records and opinions from your doctors that are critical in proving disability. 3. Completing Social Security Forms - You will complete a dizzying array of forms requesting all sorts of information. Be honest and very brief when completing forms. You won't win your case with the information you give on the forms but you could lose it. 4. Involve your Treating Physician - Your treating physician is critical to success. Judges give a treating physician's opinion regarding a patients' disability tremendous weight. If your physician is not sympathetic to your claim you may want to make a change to one who is. The purpose of this article is to convey hope that you can win your case and obtain benefits with perseverance and knowledge of the system. Please do not give up. . . appeal and keep fighting! Scott E. Davis is a social security and long-term disability insurance attorney in Scottsdale, Arizona. The majority of his disability practice is devoted to representing individuals with FMS and/or CFIDS. Scott has extensive experience in handling FMS/CFIDS cases and does represent individuals throughout the United States. In most cases he charges a fee only if his client obtains benefits. He invites your questions and inquiries regarding representation at (602)482-4300, or via email: harris.davis###azbar.org. *-*-*And...*-*-*Completing Disability Forms: Five Critical Tips to Keep in Mind for Chronic Fatigue Syndrome and Fibromyalgia PatientsImmuneSupport.com04-15-2002 By Scott E. Davis, Esq. Perhaps one of the most confusing aspects of winning a Social Security (SSA) disability claim is completing the array of forms during the process. A question you will inevitably ask is, "Does SSA look at my forms and can they alone win or lose my case?" My experience is that SSA and/or judges don't usually approve your case based on what you say on the forms. However, they often use what is said in the forms to support a denial of your claim. This is because if SSA or a judge is going to approve your claim, they will base it on more compelling objective evidence such as medical records and/or treating physiciansï¿½ opinions regarding your inability to work. Unfortunately, I have seen what appeared to be an innocent statement by a claimant be the evidence used by the judge to deny the claim. The inherent problem you have as a claimant is twofold. First, with all due respect, you donï¿½t know what you need to prove in order to win your case. Second, you have spent the past several months or years consistently downplaying the severity of your medical problems to anyone you thought was listening (i.e. your employer, family, friends, doctors and SSA). Even though you are constantly in excruciating pain or exhausted; nobody wants to be viewed by others as a whiner. Sound familiar? Studies consistently show that Americans are more productive and annually work longer hours than workers in any other country; consequently, it isnï¿½t fashionable to complain. Instead, Americans "grin and bear it" or we follow the British and keep the proverbial "stiff upper lip." All too often, your denial mechanism rears its ugly head when you complete SSA forms. The result is that you consistently overstate what you are capable of doing and understate the severity of your symptoms and limitations. Does this also sound familiar? The problem is that the aforementioned disability strategy may likely kill your chances of winning your SSA case without you even knowing it. By following these tips when completing SSAï¿½s forms you should significantly reduce the likelihood of making a serious mistake that comes back to bite you in the you-know-what! Tip #1: Youï¿½re not Danielle Steele ï¿½ Please donï¿½t write a Book! Certainly you remember the advice your parents gave you as a teenager ï¿½ the more you say, the more its gets you in trouble! This is not the time to become a novelist! This clearly applies to completing SSA forms. SSA does not give you a lot of room to answer the questions and that is good. Limit your answers to the space that has been provided in the question and do not write in the margins or attach additional sheets of paper. Always answer the question honestly, but keep your answers brief and to the point. Tip #2: Presume you are having a bad day when providing answers Remember, a critical issue in a social security disability case is always what activity level are you capable of sustaining on a regular and continuing basis (i.e., a 5 day work week). The issue is never what you can do for only one day. Clearly, almost everyone is capable of performing some activities for one day such that it would make them appear to be capable of working. Never forget...the issue is always what level of activity you can sustain on a daily basis, week after week. Why should you assume you are having a bad day? Simply put, if you were back working on a sustained basis, most likely every day would be a bad day. Answering as if you're having a bad day is not only an honest answer but is also a more accurate assessment of what activity level you can sustain. Following this tip will avoid the problem of overestimating what you are capable of doing. It will also keep your denial mechanism honest. Tip #3: The Big Three - Always focus on the "frequency, severity and duration" of your symptoms and limitations Another critical issue in a social security disability case is your symptoms and limitations (e.g., pain, fatigue, concentration problems, inability to maintain any activity for a reasonable period). Always remember, you are unable to work due to the frequency, severity and duration of your symptoms and limitations, and not due to a diagnosis. You should mention all the diagnoses that have even a small impact on your inability to work, but you should use 5% of the allotted space to reference diagnoses and 95% to discuss The Big Three and how they limit not only your ability to work but also your ability to function on a daily basis. Tip #4: Completely resist the urge to be the perfectionist you are! Before you became ill you were probably an organized perfectionist who was incredibly productive. Everything in your life had its place; I know it kills you it is not that way now. However, this is not the time to be a compulsive, organized perfectionist! Please donï¿½t use SSA forms as a launching pad to organize your life. One of the hallmarks of your inability to work is your concentration problems, memory impairment and brain fog. Your life is now an unorganized mess. Guess what? SSA needs to see the real you and not a top notch administrative assistant who is articulate and possesses phenomenal organizational and typing skills. Please do not typewrite your answers. Always handwrite them even if your answers become illegible. The clarity of your handwriting and the way you answer the questions tells a lot about the severity of your concentration and memory problems. Many clients tell me that little by little, it took them days to complete some SSA forms. Your goal should be to have your answers look like it took you days. In fact, if it did take you days, make sure you tell SSA that somewhere on the form. I have an interesting story for you on this subject. Several years ago I represented a woman who was at one time an outstanding legal secretary. We eventually won her claim before a judge. However, before she retained me and prior to the judge, her claim was actually recommended for approval at an earlier level of review by SSA. Unknown to the client, SSA overturned its own decision and denied her claim. Why? Because she did a marvelous job typing her answers on the forms. There were no typos and the forms were perfectly organized. A reviewing SSA psychiatrist was so impressed with her work he wanted to hire her! He concluded her memory and concentration problems could not be as severe as she was alleging. His opinion was the forms proved she was capable of performing a simple, sit down job and her claim was denied. We were fortunate to have a judge who overlooked the forms and instead listened to her entire story. However, you may not be so fortunateï¿½so donï¿½t take any chances. Tip #5: If psychological issues play even a small part in preventing you from working, you must allege them on the forms Although the primary reason you are unable to work may be due to a physical diagnosis, donï¿½t overlook the psychological issues that often arise after years of dealing with chronic pain and fatigue. You want to win your case anyway you can, whether it is due to physical or psychological problems, or quite frequently, a combination of both. My experience in successfully representing chronic pain and chronic fatigue clients all over the country suggests that psychological issues are frequently a significant factor in why many people are unable to work. To totally ignore this fact can be detrimental not only to your well being, but may also cause you to lose your SSA disability claim! A Social Security judge recently told me that he hates it when a disability attorney "fails to give me several doors to use if I want to approve a case." He believes that using only one door for claim approval is tantamount to the "attorney driving their client off a cliff." I totally agree with the judge. Please don't let this happen to you; you have too much at stake! What did the judge mean? Simply put, judges like to have several medical conditions to choose from if they want to approve your claim. For example, if a judge believes your claim is not strong enough to be approved based only on your physical diagnosis, they want the option to approve your claim based on another diagnosis, perhaps psychological. What prevents the judge from simply approving it based on a psychological diagnosis? The problem is you never told SSA on any of the forms you completed that you believed a psychological condition was at least in part responsible for why you canï¿½t work! Thus, a door that could have used to approve your claim does not exist; consequently, the judge has no choice but to deny your claim. This scenario is terribly unfortunate because your claim was denied when the judge was looking for a way to approve it! The solution is to tell SSA early, often and consistently that you believe a psychological diagnosis plays a part in your inability to work. It is fine to state that it is ï¿½secondary toï¿½ or ï¿½as a result ofï¿½ dealing with your chronic physical symptoms and limitations. At the end of the day, you want to win your case anyway you can. I know this is true because all over the country I see it in my clientï¿½s eyes on the day of the hearing. SSAï¿½s monthly benefit check and health insurance benefits mean the same to you regardless of what diagnosis was used to approve your claim. Remember, proper preparation as well as understanding what you need to prove and how you need to prove it are critical to winning your case. By following these tips, you should avoid making a mistake that you later regret. Keep fighting for the benefits you deserve and donï¿½t quit! Scott E. Davis is a social security and long-term disability insurance attorney in Phoenix, Arizona. Mr. Davis represents clients throughout the United States. Although Mr. Davis has experience representing clients with a broad spectrum of physical and/or psychological disorders, the majority of his disability practice is devoted to representing individuals with chronic pain and chronic fatigue disorders. In almost every case, a fee is charged only if his client obtains benefits. Mr. Davis invites your questions and inquiries regarding representation via telephone (602) 482-4300, or email: info###scottdavispc.com ï¿½ 2002 Scott E. Davis, Esq. All Rights Reserved.


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## SusanLawton (Dec 23, 2003)

And one more...*-*-*Winning Your Disability Case with the Help of Co-Workers, Family Members and Friends [Affadavits are Important]by Scott E. Davis, Disability AttorneyImmuneSupport.com09-21-2001 In a social security disability claim, the credibility of the client is often the determining factor of whether the claim is approved or denied. For cases involving chronic pain or fatigue, such as fibromyalgia or chronic fatigue syndrome, the credibility of the client is usually crucial to success. The reason for this of course is due to the fact that those diagnoses involve subjective symptoms and limitations that usually cannot be objectively quantified by medical or laboratory tests. Thus, SSA and judges will listen to the clientï¿½s story about why they are unable to work due to the frequency, severity and duration of their symptoms; but they will also look for corroborating evidence from other sources such as doctors or individuals who know the client. As you may know, my practice is exclusively disability law and I specialize in chronic pain and fatigue cases representing clients throughout the United States. Over the past several years I have been very successful in winning disability cases before SSA and judges throughout the United States. While winning hundreds of cases and losing only a small percentage of them, I have learned a great deal about how to win chronic pain and fatigue disability cases as well as the importance of a clientï¿½s credibility. A tool I have used extensively for the past several years is to obtain affidavits or statements from a clientï¿½s former co-worker (or preferably a supervisor), family member or long-time friends. What is an affidavit? It is simply a notarized document that essentially is a narrative letter regarding a personï¿½s observations of problems the client has functioning on a daily basis due the symptoms and limitations, with a conclusion that they are unable to work in any occupation as a result. In my opinion, it is essential that SSA and a judge have corroborating evidence from those who know a client the best and the affidavit performs that function. Because I view a clientï¿½s credibility as paramount to the case, I want to protect it, develop it and support it from as many different independent sources as possible. The quality of the affidavits or statements and from whom they are from matters more than having a large volume of them by people who do not know the client well. I know thoughtful affidavits have a big impact on SSA and judges because I have seen countless judges from all over the country reference them as a reason why they approved my clientï¿½s claim. I have also talked with judges after a hearing and they have told me the affidavits provided persuasive support of my clientï¿½s allegations regarding their limitations. It must be noted that it is unlikely an affidavit alone will win a disability case; but along with other corroborating medical records and doctorï¿½s opinions it can be a powerful tool. Use this article as a foundation for developing this important part of your claim. Tip #1 The Affidavit should be Brief To avoid lulling weary SSA personnel or a judge to sleep, I believe the affidavit should be no more than two (2) pages in length. Please remember your file will contain several hundreds of pages of recordsï¿½you want the affidavit to be read and be factored into your claim. Tip #2 The Affidavit should be on regular paper and be Notarized The document itself can be on any regular paper (preferably 8 ï¿½ x 11 inches), preferably typewritten and should be titled ï¿½Affidavit.ï¿½ However, any paper will do and a handwritten one is better than nothing. It should be notarized because this will confirm that the person who purported to draft the affidavit actually signed it before a notary public. The notary stamp and signature should go at the end of the text and after your signature (remember not to sign it until you are before the notary!). Having the affidavit notarized eliminates any question with regard to authenticity of the document (i.e. you are not trying to pull one over on SSA or a judge!). If it is not possible to obtain a notary then simply submit a handwritten statement. Tip #3 The Content of the Affidavit is Critical The contents of the affidavit determine whether it is a piece of evidence that will be persuasive in the case. The affidavit should always conclude with a sentence that the client is unable to engage in any occupation and due to what reasons. The contents should be organized by paragraph, numbered and should discuss the following in a separate paragraph or less: the background of the person making the affidavit (i.e. occupational status and title, address); how long they have known the client, how they met (family, work, friends), and how often they have in person or telephone contact; discuss what the clientï¿½s activity/work (work ethic) level was like before they became unable to work. The bulk of the affidavit and several paragraphs should be devoted to discussing the physical or psychological changes that the client exhibited at the time they last worked (i.e. observations of chronic pain and fatigue, spending days in bed, dramatic changes in appearance, lack of stamina, absences from work, being unreliable); discuss the physical limitations they have (the ability to sit, stand, walk, or do anything for only short periods of time); a medical treatment/medications/therapy they have tried without success; discuss how limited the are in activities of daily living. The last two (2) paragraphs must conclude with a statement that due to the above discussed reasons the client is not able to work in any occupation and that you are willing to discuss your affidavit with the judge if necessary. Tip #4 How Many Affidavits should you Obtain? With regard to quantity, less is better, the nature of the relationship with the client and content of the affidavit are the issues. I like to obtain as many as we can from former co-workers or supervisors. Then I like to obtain one from a spouse or long-time significant other, family members and then finally long-time friends. Generally, the complete story of the client can be told with three (3) or at most four (4) affidavits from those people who know them the best. Best of luck in your pursuit of disability benefits and remember never to quit! Scott E. Davis is a social security and long-term disability insurance attorney in Phoenix, Arizona. Mr. Davis represents clients throughout the United States. Although Mr. Davis has experience representing clients with a broad spectrum of physical and/or psychological disorders, the majority of his practice is devoted to representing individuals with chronic pain and chronic fatigue disorders. In almost every case, a fee is charged only if his client obtains benefits. Mr. Davis invites your questions and inquiries regarding representation via telephone (602) 482-4300, or email: harris.davis###azbar.org.


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## poet (Nov 17, 2003)

thanks for posting the info, Susan. You might also want to put some of it in the News and research section of the bb so others see it. http://www.ibsgroup.org/cgi-local/ubbcgi/u...t=000799#000005 tom


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## SusanLawton (Dec 23, 2003)

> quote: thanks for posting the info, Susan. You might also want to put some of it in the News and research section of the bb so others see it.


Done, poet... thank you for the suggestion! I really hope they can help someone. I remember all too well how scary it can be facing all of the paperwork and the rejection.Susan


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## starcatcher (Apr 1, 2000)

Never put down just FM as a diagnosis on your ssd paper work.Think of every tiny thing wrong with you. List them all! And, on a separate piece of paper, list them and how it effects your daily life.Start at the top of your head and work down. Thinking outside and Inside your body!!HeadDo you have headaches, sinus headaches, do you have ringing in the ears, tinnitus? Write it down. Do you have problems with your throat? Cough, teeth, gum problems? Write it down. Do you have neck problems? Disk, range of motion, etc.......write it down!! Skin problems?Write it Down ! Go on from there. If you have had problems in the past, and only now and then now. Still write it down. All of us have some of these problems..........Write it down!! Never just put FM!!!!50 FIBRO SIGNS -- 1. pain 2. fatigue 3. sleep disorder 4. morning stiffness 5. cognitive or memory impairment 6. irritable bowel 7. chronic headaches 8. TMJ syndrome 9. numbness and tingling sensationl0. muscle twitching 11. skin sensitivities 12. dry eyes and mouth 13. dizziness 14. allergic symptoms 15. mitral valve prolapse 16. heel or arch pain 17. brain fatigue 18. painful periods 19. chest pains, noncardiac 20. depression 21. panic attacks 22. irritable bladder 23. multiple chemical sensitivities 24. joint hypermobility 25. suicidal 26. personality changes 27. lightheadedness 28. disequilibrium 29. severe muscle weakness 30. intolerance of bright lights 31. alteration of taste, smell, hearing 32. low frequency, sensorineural hearing loss 33. decreased painful sound threshold 34. ringing in the ears 35. exaggerated involuntary rapid eyemovement 36. changes in visual acuity 37. intolerance of alcohol 38. enhancement of medication side effects 39. intolerance of previously toleratedmedications 40. severe nasal and other allergies, possible sinusinfections 41. weight change (gain) 42. muscle and joint aches 43. night sweats 44. heart palpitations 45. muscle spasms 46. Raynaud's-like symptoms 47. carpal tunnel syndrome 48. heartburn 49. difficulty swallowing 50. interstitial cystitis Each one of these comes with, a set of problems and diagnosis. Write it down. And, as I said. After you list all these. On a separate paper write how it all effects your daily life. Go into detail.Always write down what you can. But, add see attached paper work.Send a letter of what your life is like with all your problems. How you wish you could work, but just cant anymore. That you spend most all your time, in bed.{ you have to think of your worst day} It also, helps to list every single doctor you have seen in the last 5 years.Get lab and xray reports on your own, to send with your paper work to ssd! Always make a copy of everything you send to ssd! Everything! If they ask you again about something........send it again!


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## unblissfull (Mar 21, 2003)

I had my ssi appt. I was very tired from work and could hardly stay awake. The night before I had a bad headach and took my pain killer to get to sleep, I forgot that it takes 24 hr to ware off. So I was pretty doped up, but I got through it. I also went for my testing at the brain shrink. His finding were servere concentration problems, whatever that means. He said it affects my speech, multi-taking skills and short term memory. DUH! I could have told him that before the 5 hours of testing and one hell of a headach. I had to go home and take more pain meds which I hate taking, they make me dopy and more foggy that usual. Anyway the results are going to ssi with a letter from my employer explaining all of the problems I have at work. I also got the results of my dr apt 3 wks ago. she said my Thyroid is messed up again and I'm b12 dificant. So she increased my snythroid and add another thryoid med along with increasing my antidepressant. I don't know about you guys but I feel like a pharm. I have a bag of pills to take everyday. It just sucks. The good things though was that there was no change on my MRI. She said the stoke was only on the right side effecting my memory and concentration. Like that's a good thing. I'm not who I was anymore. It's even hard to type this to you. I have to think so hard to get the words down write. On that note I'm going to bed now. Thanks for all the great advise I'm using it all. Keep it coming. Does anyone take anything that helps with the brain fog that acually works? If so what is it and how long does it take before it works?


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## poet (Nov 17, 2003)

unblissful, good job.tom


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## Diane FM (Jan 28, 2004)

unblissful good luck to you.I know how you feel. I am in the midst of the same. A lot of great info here!Diane


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## unblissfull (Mar 21, 2003)

Another blue day. I slept till noon, didn't go to work. Too tried to move. Tried to motivate this afternoon but couldn't. Everyone is worried about me including me. Should I go to a counselor? Does the depression ever get better? How can you be depressed and be on antidepressants? I was doing pretty good till this month. What changed? I know things come and go but to hit so hard after feeling better for almost 6 months. What is happening? It's almost as bad as the first time without the stroke! Now that I slept all day I can't sleep now. I feel tired but no sleepy. How do you keep a job when you can't get enough energy together to go to work?







How do you keep the blues away?????














Any words of wisdom?


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## SusanLawton (Dec 23, 2003)

> quoteoes the depression ever get better? How can you be depressed and be on antidepressants?


Unblissful, you are depressed because you are sick and *NOT* the other way around. Being on an anti-depressant did absolutely *nothing* to help me feel better - not emotionally, and not physically. However, not all treatments will work for all sufferers.I guess I was lucky when I first got sick in that my best friend also has the same illnesses. She had been through the process of filing for disability before, and was able to help me fill out the initial forms, drive me to doctor's appointments, etc. She also had experience with various treatments, and was able to help me determine which ones might work for me. Have you looked into whether there are support groups in your local area for people who have FM? I know that most large hospitals have some form of support group for stroke sufferers - perhaps they could help you learn some new coping skills.I know that the blues can feel almost overwhelming sometimes. I know that there are days when I do not think I can stand to get out of bed. There are times when my house goes without being cleaned for weeks. There are times when simply walking to the bathroom is too much to stand. But they *WILL* get better. I know you feel very isolated and alone sometimes - I do, too. and though we cannot be there to hug you, or wipe your tears, we *can* be *here* for you...  Susan


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## poet (Nov 17, 2003)

A lot of people with chronic health problems are depressed about it. I think it would help you to find someone to talk to and you and that person can consider whether medication might help.tom


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