Medical Articles - SSD
HOW TO GET SOCIAL SECURITY DISABILITY
From Pederson Research
Steps to Obtaining SSDI
"This outline in no way guarantees that you will receive benefits. It‘s purpose is purely to assist you in narrowing the odds. People, and even attorneys will tell you it‘s next to impossible to get disability from a Fibromyalgia Diagnosis, (or RSD or many other pain diseases). I and many others through out the country are living proof to the contrary. The following is a compilation of what we have learned on our own and what we have learned from others who have traveled the same path. First thing, you should compile all the documentation you have on your illness. Arrange everything chronologically; doctor visits, sick leave episodes, diagnoses, etc. Make at least four copies of everything:
1. for you,
2. your attorney,
3. Social Security,
4. Your employer.
It is good to have all your ducks in a row before you go to the Social Security Office, because they will ask for this information anyway. Continue to document everything. A daily Pain diary would also be a good idea. At the SS Office, you will have to fill out a number of papers pertaining to your illness; mostly history. You will also be required to sign doctors releases so that they can access your records. ( you can have these forms mailed to you to fill out at home where you can take your time and/or have someone else help you). You must undergo twelve months of unemployment due to illness before receiving benefits, so, if possible, it is best to start this process as quickly as possible once you and/or your doctor have decided you cannot work. You CANNOT work at all during this twelve month period or the process will have to start again from the beginning.
The Social Security Office has very stringent guidelines, especially during the first two steps. Most people, no matter what the illness, fail the first two steps. As a matter of fact, (though they won‘t tell you), the first step is partially based on a quota, so your rejection may be solely due to timing! Most cases are won at the third step, or the Administrative Law Judge stage. There you will be given the opportunity to state your situation in person. That alone can have an impact on the outcome. Do you have a close friend or family member who can help you? This is very important. This is a very stressful time and you really need the support of those close to you. Also, this person could be an important asset if your case comes to a hearing, particularly if he/she has known you since before the onset of your illness. Your illness has an effect on everyone who is close to you. They suffer with you and testify to the impact it has had not only on you but also your close family and relationships.
How familiar is your doctor with FMS (RSD etc.) ? It is important that you see at least one doctor who is familiar with your condition. Multiple diagnoses’ would offer confirmation. Your employer and possibly SS may require additional exams from their doctors. (These are called IME’s or Independent Medical Exams). You must understand that the way SS looks at your illness differs from the way you, and even your doctor, look at it. SS is most interested in the facts of your case. Pain, though it is real to you, really does not enter into the equation, (unless you have had a McGill Pain Rating done). They are most interested in the following: Your mobility or the lack of it, inability to do repetitive motions/actions. Without pain … how long can you stand, how long can you sit, how far can you walk, how much can you lift, how far can you carry, and how much can you carry?
How much has your illness affected your concentration and dexterity, what medications are you taking and how do they inhibit your ability to work, do you have any secondary illnesses that may complicate your condition? Do you suffer from Insomnia, are you sensitive to noise, touch, light, and sound? How has this affected your ability to work, (be VERY specific). When you describe your illness, consider your worst day, but don‘t lie. Always be truthful. Don‘t take it for granted that your attorney, or the Judge, is familiar with your condition. Make it a point to do the research and provide them with the proper information needed to help understand and decide your case. This affects your future and not his, so if your initiative offends him, tough! If he is not willing to cooperate, get a different attorney. His fees are set by the state and are a percentage (usually 25%) of the back pay you will have coming following your settlement."
From Pederson Research
Steps to Obtaining SSDI
"This outline in no way guarantees that you will receive benefits. It‘s purpose is purely to assist you in narrowing the odds. People, and even attorneys will tell you it‘s next to impossible to get disability from a Fibromyalgia Diagnosis, (or RSD or many other pain diseases). I and many others through out the country are living proof to the contrary. The following is a compilation of what we have learned on our own and what we have learned from others who have traveled the same path. First thing, you should compile all the documentation you have on your illness. Arrange everything chronologically; doctor visits, sick leave episodes, diagnoses, etc. Make at least four copies of everything:
1. for you,
2. your attorney,
3. Social Security,
4. Your employer.
It is good to have all your ducks in a row before you go to the Social Security Office, because they will ask for this information anyway. Continue to document everything. A daily Pain diary would also be a good idea. At the SS Office, you will have to fill out a number of papers pertaining to your illness; mostly history. You will also be required to sign doctors releases so that they can access your records. ( you can have these forms mailed to you to fill out at home where you can take your time and/or have someone else help you). You must undergo twelve months of unemployment due to illness before receiving benefits, so, if possible, it is best to start this process as quickly as possible once you and/or your doctor have decided you cannot work. You CANNOT work at all during this twelve month period or the process will have to start again from the beginning.
The Social Security Office has very stringent guidelines, especially during the first two steps. Most people, no matter what the illness, fail the first two steps. As a matter of fact, (though they won‘t tell you), the first step is partially based on a quota, so your rejection may be solely due to timing! Most cases are won at the third step, or the Administrative Law Judge stage. There you will be given the opportunity to state your situation in person. That alone can have an impact on the outcome. Do you have a close friend or family member who can help you? This is very important. This is a very stressful time and you really need the support of those close to you. Also, this person could be an important asset if your case comes to a hearing, particularly if he/she has known you since before the onset of your illness. Your illness has an effect on everyone who is close to you. They suffer with you and testify to the impact it has had not only on you but also your close family and relationships.
How familiar is your doctor with FMS (RSD etc.) ? It is important that you see at least one doctor who is familiar with your condition. Multiple diagnoses’ would offer confirmation. Your employer and possibly SS may require additional exams from their doctors. (These are called IME’s or Independent Medical Exams). You must understand that the way SS looks at your illness differs from the way you, and even your doctor, look at it. SS is most interested in the facts of your case. Pain, though it is real to you, really does not enter into the equation, (unless you have had a McGill Pain Rating done). They are most interested in the following: Your mobility or the lack of it, inability to do repetitive motions/actions. Without pain … how long can you stand, how long can you sit, how far can you walk, how much can you lift, how far can you carry, and how much can you carry?
How much has your illness affected your concentration and dexterity, what medications are you taking and how do they inhibit your ability to work, do you have any secondary illnesses that may complicate your condition? Do you suffer from Insomnia, are you sensitive to noise, touch, light, and sound? How has this affected your ability to work, (be VERY specific). When you describe your illness, consider your worst day, but don‘t lie. Always be truthful. Don‘t take it for granted that your attorney, or the Judge, is familiar with your condition. Make it a point to do the research and provide them with the proper information needed to help understand and decide your case. This affects your future and not his, so if your initiative offends him, tough! If he is not willing to cooperate, get a different attorney. His fees are set by the state and are a percentage (usually 25%) of the back pay you will have coming following your settlement."
Social Security Disability Ruling on RSDS
Social Security Ruling on Reflex Sympathetic Dystrophy Passes!
From the Federal Register, October 20, 2003 (Volume 68, Number 202). This Ruling is effective October 20, 2003.
What follows is the new Social Security Administration Ruling concerning Reflex Sympathetic Dystrophy Syndrome. I will and condense it a little for sake of space. If you would like to see the complete text, and/or share it with your Lawyer or Doctor, etc., CLICK HERE, then click on FEDERAL REGISTER and in the SEARCH box type in REFLEX SYMPATHETIC DYSTROPHY. This ruling was passed on from Carolyn Kiefer, Office of Disability Programs, Social Security Administration. Our extreme thanks go out to her and to all those who worked on getting this ruling passed; including the RSDSA who have worked on it for two years now. This ruling explains Social Security policies for developing and evaluating Title II and Title XVI claims for disability on the basis of Reflex Sympathetic Dystrophy Syndrome (RSDS), also frequently known as Complex Regional Pain Syndrome, Type I (CRPS). These terms are synonymous and are used to describe a unique clinical syndrome that may develop following trauma.
SSD RULING ON CRPS
SUMMARY: In accordance with 20 CFR 402.35(b)(1), the Commissioner of Social Security gives notice of Social Security
[[Page 59972]]
Ruling, SSR 03-2p. This Ruling explains the policies of the Social Security Administration for developing and evaluating title II and title XVI claims for disability on the basis of Reflex Sympathetic Dystrophy Syndrome (RSDS), also frequently known as Complex Regional Pain Syndrome, Type I (CRPS). These terms are synonymous and are used to describe a unique clinical syndrome that may develop following trauma. This syndrome is characterized by complaints of intense pain and typically includes signs of autonomic dysfunction.
EFFECTIVE DATE: October 20, 2003.
FOR FURTHER INFORMATION CONTACT: Carolyn Kiefer, Office of Disability Programs, Social Security Administration, 6401 Security Boulevard, Baltimore, MD 21235-6401, (410) 965-9104 or TTY (410) 966-5609. For information on eligibility or filing for benefits, call our national toll-free number, 1-800-772-1213 or TTY 1-800-325-0778, or visit our Internet Web site
SUPPLEMENTARY INFORMATION: Although we are not required to do so pursuant to 5 U.S.C. 552(a)(1) and (a)(2), we are publishing this Social Security Ruling in accordance with 20 CFR 402.35(b)(1). Social Security Rulings make available to the public precedential decisions relating to the Federal old-age, survivors, disability, supplemental security income, and black lung benefits programs. Social Security Rulings may be based on case decisions made at all administrative levels of adjudication, Federal court decisions, Commissioner's decisions, opinions of the Office of the General Counsel, and policy interpretations of the law and regulations. Although Social Security Rulings do not have the same force and effect as the statute or regulations, they are binding on all components of the Social Security Administration, in accordance with 20 CFR 402.35(b)(1), and are relied upon as precedents in adjudicating cases. If this Social Security Ruling is later superseded, modified, or rescinded, we will publish a notice in the Federal Register to that effect. (Catalog of Federal Domestic Assistance, Program Nos. 96.001 Social Security--Disability Insurance; 96.006 Supplemental Security Income)
Dated: October 8, 2003.
Jo Anne B. Barnhart,
Commissioner of Social Security.
Policy Interpretation Ruling
Titles II and XVI: Evaluating Cases Involving Reflex Sympathetic Dystrophy Syndrome/Complex Regional Pain Syndrome
Purpose: To explain the policies of the Social Security Administration for developing and evaluating title II and title XVI claims for disability on the basis of Reflex Sympathetic Dystrophy Syndrome (RSDS), also frequently known as Complex Regional Pain Syndrome, Type I (CRPS). These terms are synonymous and are used to describe a unique clinical syndrome that may develop following trauma. This syndrome is characterized by complaints of intense pain and typically includes signs of autonomic dysfunction.
Social Security Ruling on Reflex Sympathetic Dystrophy Passes!
From the Federal Register, October 20, 2003 (Volume 68, Number 202). This Ruling is effective October 20, 2003.
What follows is the new Social Security Administration Ruling concerning Reflex Sympathetic Dystrophy Syndrome. I will and condense it a little for sake of space. If you would like to see the complete text, and/or share it with your Lawyer or Doctor, etc., CLICK HERE, then click on FEDERAL REGISTER and in the SEARCH box type in REFLEX SYMPATHETIC DYSTROPHY. This ruling was passed on from Carolyn Kiefer, Office of Disability Programs, Social Security Administration. Our extreme thanks go out to her and to all those who worked on getting this ruling passed; including the RSDSA who have worked on it for two years now. This ruling explains Social Security policies for developing and evaluating Title II and Title XVI claims for disability on the basis of Reflex Sympathetic Dystrophy Syndrome (RSDS), also frequently known as Complex Regional Pain Syndrome, Type I (CRPS). These terms are synonymous and are used to describe a unique clinical syndrome that may develop following trauma.
SSD RULING ON CRPS
SUMMARY: In accordance with 20 CFR 402.35(b)(1), the Commissioner of Social Security gives notice of Social Security
[[Page 59972]]
Ruling, SSR 03-2p. This Ruling explains the policies of the Social Security Administration for developing and evaluating title II and title XVI claims for disability on the basis of Reflex Sympathetic Dystrophy Syndrome (RSDS), also frequently known as Complex Regional Pain Syndrome, Type I (CRPS). These terms are synonymous and are used to describe a unique clinical syndrome that may develop following trauma. This syndrome is characterized by complaints of intense pain and typically includes signs of autonomic dysfunction.
EFFECTIVE DATE: October 20, 2003.
FOR FURTHER INFORMATION CONTACT: Carolyn Kiefer, Office of Disability Programs, Social Security Administration, 6401 Security Boulevard, Baltimore, MD 21235-6401, (410) 965-9104 or TTY (410) 966-5609. For information on eligibility or filing for benefits, call our national toll-free number, 1-800-772-1213 or TTY 1-800-325-0778, or visit our Internet Web site
SUPPLEMENTARY INFORMATION: Although we are not required to do so pursuant to 5 U.S.C. 552(a)(1) and (a)(2), we are publishing this Social Security Ruling in accordance with 20 CFR 402.35(b)(1). Social Security Rulings make available to the public precedential decisions relating to the Federal old-age, survivors, disability, supplemental security income, and black lung benefits programs. Social Security Rulings may be based on case decisions made at all administrative levels of adjudication, Federal court decisions, Commissioner's decisions, opinions of the Office of the General Counsel, and policy interpretations of the law and regulations. Although Social Security Rulings do not have the same force and effect as the statute or regulations, they are binding on all components of the Social Security Administration, in accordance with 20 CFR 402.35(b)(1), and are relied upon as precedents in adjudicating cases. If this Social Security Ruling is later superseded, modified, or rescinded, we will publish a notice in the Federal Register to that effect. (Catalog of Federal Domestic Assistance, Program Nos. 96.001 Social Security--Disability Insurance; 96.006 Supplemental Security Income)
Dated: October 8, 2003.
Jo Anne B. Barnhart,
Commissioner of Social Security.
Policy Interpretation Ruling
Titles II and XVI: Evaluating Cases Involving Reflex Sympathetic Dystrophy Syndrome/Complex Regional Pain Syndrome
Purpose: To explain the policies of the Social Security Administration for developing and evaluating title II and title XVI claims for disability on the basis of Reflex Sympathetic Dystrophy Syndrome (RSDS), also frequently known as Complex Regional Pain Syndrome, Type I (CRPS). These terms are synonymous and are used to describe a unique clinical syndrome that may develop following trauma. This syndrome is characterized by complaints of intense pain and typically includes signs of autonomic dysfunction.
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