Expert: Candy - 1/6/2010

Question
How in the world do you get started to get social security disability benefits? I've contacted 2 different law firms and both gave me the run around...thank you very much...WT

Answer
Applying for Social Security Disability based on CFIDS or Fibromyalgia alone can be an ordeal in itself. Because our wonderful government has dipped into the Social Security budget to fund other things, the Social Security Administration needs time to stall so they can dip into another budget for the funds owed the "appee". So they deny applications for, what they call, "questionable" disabilities. (The only automatic awarded disabilities are quadriplegia and total blindness.) The denial process entails 3 phases. When the first one is received (via letter) it can be appealed by simply returning a form enclosed with the denial letter. At that point SSD will make you an appointment to see one of their doctors. Then, in most cases, you'll get a letter stating you've still been denied. To appeal this denial you'll need to go to court. This hearing will be in front of a court commissioner (maybe a judge) in a local court. As a rule, the claims get accepted at that point, providing your case is strong. But if this "judge" denies you, you'll have to go before a Supreme Court judge. This is the last and final ruling. Once denied in this court, you're done. You can't appeal it. Most people don't make it that far. They give up and try to go back to work (which is what SSD is counting on). In my own case, I had to go to the first court hearing before getting my claim approved which took a year and a half from the date I first filed. That's a year and a half with no income and plenty of stress, which aggravates the CFIDS symptoms. My suggestion is, if you think you can endure the process (and all the stresses and frustrations), #1 - start a diary/journal describing each day, your activities, your symptoms, etc. and keep it current until the check is in your hand, #2 - find a doctor that will run the EBV test and give a clear and concise diagnosis and who is willing to help supply whatever it takes to convince Social Security, #3 - At the first denial, find an attorney who specializes in Social Security Disability cases (they work on a contingency basis. They don't get paid unless you get approved and they are only allowed to charge 25% of your award). You probably won't need them for the first appeal because that one's on paper, but do not go to court alone. You will lose. Also, check with the state you live in to see if it provides a State Supplemental Income. Most states have what they call a "poverty level" base line (the amount of income that makes you eligible for public assistance.) If the amount of your Social Security doesn't meet that base line amount, some states will supplement the balance so you don't have to go on their welfare roles.  Here is a website that may have more definitive answers for you regarding disability.


www.myida.org/dislinks.htm

www.mcsinfo.homestead.com/files/SSDIArticle01Web.htm

www.hcvadvocate.org/hepatitis/About_Hepatitis_pdf/1.1.1_Living_With_HepatitisC/Fibro_CFIDS.pdf

www.masscfids.org/publications/disability_handbook/MassCFIDS-FM_Disability_Handbook_12-40.pdf

www.disabilityassistance.com/social_security_disability.html
members.tripod.com/bh.cfs-fms/Links_at_Top/DisabilityInfo/Disability_information.htm

members.tripod.com/bh.cfs-fms/Links_at_Top/DisabilityInfo/How_to_Apply_for_SS_Disability_Insurance_benefits_if_you_have_FMS.htm

www.disabilitysecrets.com/

www.immunesupport.com/articles/articles.cfm?disease=Fibromyalgia

pbcers.org/ssd.htm

pbcers.org/SSD-ALL.htm

www.disabilitydoc.com/chronic-fatigue-syndrome-and-d/


I hope this answers some of your questions.  If you have anymore please feel free to ask.  Above all remember that CFIDS is a very real disease.  I wish you the best of luck and remind you that you are not alone.