Expert: Candy - 7/13/2006

Question

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Candy- Thank You so much for responding. Im at a loss here because I have limited financial resources and no experience with this sort of stuff. If I get an attorney now- do I have to pay for his services or does it come as a no-recovery/no-charge basis? How do I know Im getting the right attorney? If I have to go through that, he/she had better understand what this is about and fight whole heartedly for it. Wouldnt it be nice if I could find one who HAS it? Im just so frustrated and I know It will be worse ONCE (not IF) Im denied. I hope I dont just give up. Now- Im sure it might make no difference, but I have been working with my Primary Care Dr, Rhuemetologist, Infectious Disease Dr, a surgeon (for lymph node biopsy's)and of course, my therapist (who I didn not have until I got really sick!)They have all unanimously agreed this is what I have, and are willing to put it in writing. Question is- is that a real benefit right now or does it just not matter because of the way SSA/SSI handles/treats these cases? (which from what I hear IS NOT fair...) How long should I keep the daily log of whats going on? What excatly should I put in it? Times? Activities? Meds taken? what else? You dont know HOW much I appreciate your responding to me. I need someone who knows what Im going through. This is a nightmare and at times I have been so fed up and frustrated with the constant pain, fatigue and miseryt hat suicide seems so rational.I know- it's not, but thats why I have the therapist now...:)
Thank You again......and I hope Im making sense and not just blubbering!!!!
Followup To

Question -
Im newly diagnosed after a run in with epstein-barr. im only 28 and have applied for disability. i have an appt with my octor to do the paperwork in 2 weeks. im concerned i will get turned down and wonder if you have a tips t maybe move things along smoothly? thanks!

Answer -
I hate to say it, but you will get turned down.  The first time will be on paper.  appeal it (they give you the form to fill out).  The second time will be before a judge.  For that you will need a lawyer.  I suggest you get one now.  Find someone in your area who specializes in Social Security Disability cases and call around.  Be sure and ask them if they are familiar with CFIDS and if they have ever fought a CFIDS case before.  You might want to check around in your area for a support group and see if they know of a lawyer who has successfully fought a CFIDS case before.  You can appeal the second one and then it will go to the Supreme Court.  That unfortunately is your last step and that decision cannot be appealed, so you want to win one of the first two.  Also start a daily journal.  Document each day's activities and how you felt.  They never asked for mine but I had it ready just in case.  I can't emphasize enough...getting an attorney early.  Believe me....you will need it.  It took me a year and a half to get my disability (of course your settlement will be retroactive from the first day you filed). I wish you the best of luck.

The following are some websites that you may get help from....

www.cfids.org

www.ncf-net.org

www.cfidsselfhelp.org

wwcoco.com/cfids/forms.html

www.cfidsers.org

www.supportalk.com/detail-1244625.html

virtualhometown.com/dfwcfids/doctor.html

www.cdc.gov/ncidod/diseases/cfs/support/supus.htm

www.healingwell.com/pages/Chronic_Fatigue_Syndrome/Organizations  

Answer
Keep the journal until you win your case.  No you don't have to pay for the attorney up front.  They work on a contingency basis and can charge no more than 25% of your settlement and you can opt to either have SSA send you the entire check and take care of paying the attorney personally or to have SSA deduct it from your check and pay him/her directly.  I would suggest that you start with the yellow pages and contact every Social Security attorney listed that offers  your first visit free and ask them point blank how many CFIDS cases they have had and how many they won and even ask for references.  If that doesn't help then try contacting one of the groups I listed and see if they have any referrals in your area.  Again...good luck.  And don't lose hope.  That is the one thing that keeps us going.