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The mission of the law firm of Jeffrey A. Rabin & Associates, Ltd. is to provide effective, aggressive, and compassionate legal services to persons with disabilities seeking benefits from the Social Security Administration (SSA). We believe that by providing ethical representation within the framework of these government disability programs we can successfully advocate for our clients. |

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The lawyers at Jeffrey A. Rabin & Associates, Ltd.
are frequent contributors on the Internet volunteering their time for live
chats and to answer posted questions at different websites on Social Security
Disability Insurance law issues. These
include sites dealing with fibromyalgia, chronic pain, chronic fatigue
syndrome, multiple sclerosis, and ankylosing spondylitis.
We have received the permission from the webmasters to
cut and paste the questions and answers from the websites. We will indicate the website and leave the
questions and answers as they were originally posted - typos and all - except
to delete the poster's identifying
information.
We will also continue to add new questions and answers
to this page.
A FIBROHUGS
QUESTION:
Posted By: C T
Date: Monday, 1 December 2003, at 12:35 a.m.
I amvery newat thisand need to know just how and where to start a disability
claim. I am in Wisconsin. I have lost my job as general manager based on my
performance. I know this was caused by my problems with memory lapse and
exhaustion. I am back to working part-time only and find I need to take
Darvocet to get through the day. Now this has become a strain also. I feel
useless,trapped and lost. Any help would be greatly appreciated.
Posted By: Jeff Rabin
Date: Monday, 1 December 2003, at 8:44 p.m.
In Response To: disability (C T)
Hi C -
First, Social Security benefits are only available if the medical proof will
establish that for at least 12 months you are so impaired that you can not
perform "any substantial gainful activity". In 2004 that means at
least $810 gross per month so if you are earning that in your part time job you
are not totally disabled and probably not eligible for assistance in these
programs.
Second, you should talk with your treating rheumatologist and find out whether
there are some accomodations that may be reasonsable to both you and the
employer so that you can continue working - it's almost always better to work
than to be on disability.
Third, you should download some of the chat transcripts from our live chats
here on Fibrohugs - there is a lot of information that will help you understand
the law, the different programs and what you need to do to prepare your claim.
The link is on this USA Law page and is pretty easy to use.
Fourth, if you, the treating specialists and your family agree that disability
is the way to go, talk to an experienced representative so that you can make
sure that your claim will be as strong as possible.
I hope this helps.
Jeff Rabin
Posted By: M
Date: Monday, 1 December 2003, at 11:34 a.m.
In Response To: disability (C T)
I'll tell you why. But first, just let me say that I am very sorry for what
you're going through. I know that feeling oh so well. You left a job that you
were probably really good at but had deteriorated because of this DD and the
associated meds we have to take just to function.
Listen, I tried to work for as long as I could...and I tried to function. I was
driving company cars off the road. I was falling asleep at my desk. I coudln't
concentrate or communicate correctly anymore.
SO, my point it....YOU TRIED harder than I did. I for one, although I know it
doesn't mean much, applaud you for trying to keep it going. I'm sorry that your
employer fired you. Did they know how you were struggling? Did they try to
accomodate your needs? They obviously didn't care enough to do it...who
knows...but bottom line is, you did what you had to to get by. You did your
best and now you have to move on. Everything happens for a reason. You probably
need this time to rest. But I DO understand the finanical burden and the stress
of this too.
Anyway, I'm really sorry and you are NOT alone. This can be a tough process. As
the other post says, you may get turned down on the first try or two. But who
knows!?! Just get started with the process. You can also apply on-line too.
Just put Social Security Disability in your search engine. I don't think I'm
allowed to give you web addresses on these boards. But that should do the
trick!
Jeff will give you good advice about how to proceed. In the mean time, hang in
there. Take care of yourself. This too shall pass. Bottom line is, if your job
performance was affected by your illness, chances are there isn't a job in the
world that you could do. THAT is what you have to 'prove' to SS. They need to
know that you can't do ANY job effectively. The fact that you tried and failed,
may help your case depending on the records of why you got fired.
Keep your chin up! Keep the faith. Please let us know how things go!
HUGS! M
A FIBROHUGS
QUESTION:
Posted By: L
Date: January 2004,
I'd like to hear from those of you who were denied SSDI but approved on
reconsideration. Is there anyone here who was originally disabled for mental
problems, but them developed FMS?
Also, what new information do you think helped you win upon reconsideration?
L
Posted By: Jeff Rabin
Date: January 2004, at 7:35 p.m.
Hi L -
Often claims are approved at reconsideration because there is more medical
evidence of both the diagnosis and the severity of the symptoms on the ability
to function. The additional time gives the reviewer a better
"longitudinal" view of the severity of the problem over time.
Nationally, though, only about 17% of cases are awarded at reconsideration and
that is one of the reasons SSA is testing phasing this stage out of the
program.
Jeff
Posted By: M
Date: January 2004, at 10:06 a.m.
Do you mean that you were denied by letter? Has it been once or twice? More
often than not, with fibro, you will get denied on paper and then when you meet
with the ALJ for the hearing, you have a better chance at winning. (Obviously,
no guarantees).
I was awarded after the hearing (two letter denials prior to that). I was
awarded for severe depression AND severe chronic pain due to fibromyalgia. So
it was a based on both.
I come up for review in a little over a year.
Let me know exactly where you are in the process...
Hugs! M
Posted By: L
Date: Saturday, 10 January 2004, at 12:04 a.m.
When I first applied, it was for major depression, attention and concentration
problems, and although I reported migraine, they said it wasn't severe enough
to count.
My depression is better, but I have lots of anxiety and
"nervousness". I keep Xanax on my person all the time and take it
when I feel like I'm about to psycho out and hurt somebody. My letter said I
was better and could go back to my previous occupation as a child care giver.
No way would I be responsible for children for an extended period of time.
Although I have never done so, I have lots of times with my own kids that I am
"this close" to really hurting them.
I have various complaints, but none of them individually or together was
considered by SSA to be disabling. I am aware of my limitations and I take care
of myself--which includes not taking on more than I can physically or mentally
handle.
My concentration is dramatically worse than a few years ago. I have to read the
same thing over and over to retain some of it. I stay off my feet as much as I
can because if I don't I suffer for it. I wear $400 orthotic insoles, but I
still avoid being on my feet too much.
Between migraine, extreme fatigue, poor concentration, troublesome
feet,widespread pain and poor grip, and other problems, I think it is
unrealistic to expect me to hold down a regular job. Employers need dependable
people. I never know what my body is going to do. My ex husband was very upset
with me today because I took my daughter to school 1 1/2 hours late because I
had a migraine and severe back and neck pain that I waited from 5:45 for about
3 hours until I was able to get out of bed. He told me that I'd never hold down
a job as undependable as I was. I didn't say anything back to him (no point in
arguing), but that is my point in applying for SSDI. I have a part time (3-4
hours one day a week) cleaning a friend's house. I did go today, but I had to
lie down on the floor half way through and ice down my neck and back. There
have been many days I have been unable to clean her house either for physical
reasons, or mental (having panic attacks or depressed.) She NEVER has
complained when I didn't show up. I don't know of any employer that could
reasonably allow that kind of flexibility. I might have even a few good days in
a row where I feel like "Oh,I might be able to work", but I always
get laid low again.
My letter from SSA said, "you have these problems, but none of them are
severe enough to keep you from working." I beg to differ. I have told them
that I am trying to work, but so far I haven't been able to work 20 hours a
week, and I haven't made any money. I'm wanting to be self employed and work in
real estate wholesaling.
Well, I am in the process of filling out my paperwork for the review. Then, I
guess it is out of my hands. Nothing would please me better than to get a real
estate deal or two under my belt (along with a couple of partners who take up
my slack!), and be able to say, "Thanks, but I don't need SSDI
anymore!"
L
Posted By: Jeff Rabin
Date: Saturday, 10 January 2004, at 11:54 p.m.
Hi L-
It sounds like you are seriously disabled. Just remember, what you are saying
is NOT proof. The proof that will be relied upon by SSA must come from your
treating specialists - the treating psychiatrist and/or psychologist for the
depression, anxiety, concentration issues; the treating rheumatologist for the
FMS fatigue and pain.
Their clincical notes must be documenting your ongoing symptoms and limitations
- those notes are often more important than the reports they write.
If you don't have an experienced representative helping you, NOW is the time to
retain someone.
Jeff
Posted By: M
Date: Saturday, 10 January 2004, at 12:44 p.m.
encouraging that you can do that with the real estate. If that works out you
don't have to go through all of the struggle, which, by the way, I think is so
cruel for us to have to endure.
Isn't it a shame the way we have to fight for something that many of us so
deserve. I wish I could do what you're doing and have something that may work
out!
Good luck to you! Hugs!
M
POSTED ON CLOUDS
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k
New to Clouds
Posts: 11
(10/27/04
6:41 pm)
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Question about benefits for family
I requested my earnings statement and it reads that my payment
would be $905.00 a month for disability. It also reads that my spouse and my
children would get $712.00 each with a family cap of $1630.00 if I should
die. I found information on the SSA homepage that states family benefits can
be applied for if I am found disabled.....I do not have to die for them to
get the payments. I am confused about this. If I am granted disability status
will my spouse and children begin collecting also or is that only if I die?
Will I only get $905.00 or will my family get the monthly capped amount of
$1630.00? Lastly, are SSD payments affected by disability payments from the
Veterans Administration or payments for VA Vocational Rehabilitation?
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Jeff Rabin
SSD Attorney
Posts: 1344
(10/29/04
11:53 pm)
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Re: Question about benefits for family
Hi K -
If you are found totally disabled and eligible for SSDI, you will receive
your monthly check, and your children who are under 16, or who are 18 or
younger and still in high school, would collect benefits on your account up
to the family maximum.
Your VA benefits have no impact on your SSDI eligibility.
Jeff Rabin
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A PainAid Question
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h
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Posted: Nov 17, 2002 06:15:08
Don't know if you have the url for your members, but the bluebook Drs are
supposed to use in detemining disability is now online and folks can look up
what it is that has to go into the report. They often don't know, file
incomplete reports, and it leads to sometimes years of trouble getting
benefits.
http://www.ssa.gov/disability/professionals/bluebook/
Hope this helps some people.
H
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PA_JeffR
Admin
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Posted: Nov 18, 2002 21:41:52
Hi H -
In fact, SSA's website at www.ssa.gov
is an excellent site - one of the few things SSA does really well!!! I use it
for much of my research.
One caution, however. Meeting the Listings (that's the information contained
in the "blue book") is only one way of having a claim approved. We
win many of our claims with analysis not related to the Listings, focusing
more on symptoms and the ability to sustain work function. You can't rely
just upon the Listings to win your claim.
Jeff Rabin
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POSTED ON CLOUDS
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D
Welcome to Clouds
Posts: 1
(10/26/04
9:21 pm)
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school and SSI
I am currently in the process of filing for SSI benefits.
After three years of various tests and treatments I was offically diagnosed
with Fibromyalgia in May of 04.
Last year at this time I was working three parttime jobs, one of which was my
own business, as well as going to college and paticitaing in orginizations on
campus. I can no longer work at all, or participate in any originazation, but
I am still going to school. I have classes four days a week for a total of
three hours, and to be honest I havn't been to a weeks worth of classes since
the first two weeks of the semester and I left for home early at the end of
last semester. All I want to do is graduate so that if this ever goes away I
can have a life and a job.
Do you feel that my still being in school will have a negative effect on my
claim?
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k
New to Clouds
Posts: 10
(10/27/04
6:33 pm)
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reply
I am also filing for SSD....I have been out of work and disabled
since 2000, but I haven't filed for SS benefits until now because I have been
collecting veterans benefits. I am also a full time student (online classes)
and I am concerned about the impact on my application. I would gather that
although the effort is not the same as a full time job, the SSA would
consider that the school work would require a level of functioning that would
be grounds for denial. There are however, programs that disabled individuals
use to collect benefits while they are attending school or other forms of
training that may make them employable.
Good luck with your application and I will post with any information that I
may encounter about this.
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Jeff Rabin
SSD Attorney
Posts: 1343
(10/29/04
11:46 pm)
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Re: school and SSI
Hi Dutchess and Kimberly -
Attending school may show some ability to function - attend classes, maintain
concentration and attention, carry books, interact with others, maintain a
schedule. If however, your schooling is very limited, or intermittent, then
it should not preclude a successful claim as long as the treating specialists
are still supportive.
Going to school is not going to be determinative one way or the other - it
will be evidence of some ability to function, and may also help demonstrate
some serious limitations in your ability to sustain activity over lengthy
periods.
I hope this helps.
Jeff Rabin
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POSTED ON CLOUDS
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h
New to Clouds
Posts: 43
(10/27/04
11:36 am)
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Help Please...Have
Been Denied
Good Morning All...Sorry I haven't been around for a long time.
Life has been very hectic! Hope everyone is fine.
I was turned down on my application for disability and need to file for a
hearing. Where to I go from here. Any help is greatly appreciated.
Have a wonderful day,
A
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Jeff
Rabin
SSD Attorney
Posts: 1341
(10/29/04 11:16 pm)
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Re: Help Please...Have Been Denied
Hi A -
1. Get the appeal on file as soon as possible - in most states the first
level of appeal is called "Reconsideration." Some jurisdictions are
part of a pilot project testing the elimination of the Reconsideration step -
in these areas you go from initial application to hearing before an
administrative law judge;
2. Get an experienced representative - I strongly believe that Claimants
should hire a representative as soon as their application is filed and should
NOT wait until they are denied;
3. Make sure your treating specialists are supportive - SSA puts a great deal
of weight on the specialists - in FMS cases that means the rheumatologist
and/or pain specialists. If depression is also an issue, that means the
treating MD psychiatrist or Ph.D psychologist.
I hope this helps!
Jeff Rabin
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POSTED ON CLOUDS
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k
Welcome to Clouds
Posts: 1
(10/25/04
7:54 am)
ezSupporter
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Need rep in NC
I have received my first denial, and now feel the need to find
someone to help me along. Can anyone recommend a representative in the triad
area of NC? I am willing to travel to someone that can help professioanally.
Thanks in advance.
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Jeff
Rabin
SSD Attorney
Posts: 1340
(10/29/04 11:07 pm)
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Re: Need rep in NC
Hi -
There are a number of ways to find an experienced representative. First, ask
your friends and doctors for referrals - they may have dealt with people in
this area of the law. Second, check with your local support groups - others
in the group may have also filed for benefits. Third, you can either check
with your local bar association for a referral, or our national organization
- the National Organization of Social Security Claimants' Representatives at
www.nosscr.org. Finally, there are attorneys like myself who do sometimes
represent people nationwide. Feel free to contact me at our toll free number,
1-888-529-0600, and I would be happy to talk with you about your claim - no
fees or obligation for just chatting. If you do call, make sure you tell the
person that answers the telephone that you are a Clouds friend.
Jeff Rabin
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POSTED ON CLOUDS
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J
New to Clouds
Posts: 33
(3/19/02
10:54 am)
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Should you have a lawyer from the start?? For Jeff Rabin
Jeff,
I spoke with you about 6-9 months ago and because of my pain specialists lack
of records I didn't feel I could win so I gave up and never filed.
Now I have a new therapist who is treating me for an escalating problem with
anxiety with agoriphobia,which is wrapped into what she believes is colitis
and or IBS. I haven't seen a gastro doc yet to confirm any of the colitis or
IBS, so I don't have a dignosis of those. BUT>>> She asked me If I
wasn't already on SSD and I explained about my doctor's lack of records and
not saying I couldn't work..combined with his initial report that states I
seemed to "over-react to his exam and sometimes reacted when he was
barely pushing just the upper layer of skin/fat". I read his words to
you in a phone conversation and you agreed with me that it pretty much stated
he didn't believe I was in real pain. He doesn't realize that even brushing
against some areas is painful. But I do see him regularily and he gives me
alot of meds to help.
ANYWAY>>> when I told my new therapist about the SSD she immediately
said, "you get the forms and I will help you fill them out. There's No
way you can begin to handle working" She knows it's hard for me to even
leave the house with this horrible anxiety. She said that most of her clients
have gotten disability and from her knowledge it's sometimes easier to get
SSD on a mental claim than it is on FM or a similar physical claim.
Is that true?? She is willing to write her report for me and make sure it
says what I need for it to say.
That being said, I picked up the forms yesterday and wanted to know if I
should have a lawyer before I file? They made an appointment for 3 weeks, but
I read that you should go in person. I can cancel the appt, and/or
reschedule. How can you get them to do it over the phone? Is that better?
Should I wait until I can see a gatroenterologist and maybe have the
colonoscopy done to prove colitis or IBS?
I am sorry for all the questions. Maybe some could be better answered over
the phone, if you don't mind giving me the number again. I don't want to ruin
my good chance to have someone help me know that I have a doctor who beleives
what I am really going through by messing up the forms and no having all my
stuff ready to go.
Thanks! So much! Pardon the typos. It's too hard to type as it is. I can't
spend the extra time reviewing everthing. Sorry.
J
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Jeff Rabin
Wind in the Clouds
Posts: 566
(3/19/02
5:50 pm)
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When do you hire a lawyer
Hi J -
My telephone number is toll free 1-888-529-0600 - feel free to call - no
problem.
I have a different view from many other SS attorneys on when to hire a
representative - I believe in hiring someone as soon as your application is
on file - many others wait until you have been denied. Will take a moment now
and explain.
I believe in hiring someone early on for three basic reasons: 1. as you
already know ,the education we share - you of your history, mine of the law -
makes a huge difference in your medical treatment and care - your claim is
now far stronger because we spent the time talking and educating you on what
you need in terms of proof - if you hadn't consulted early on w/ someone with
experience, your case would be much weaker by the time you got to the hearing
level.
2. The group of forms after the Disability Report are very detailed and are
often used to indict your credibility and deny your claim. While I won't fill
out forms for clients, I do review them and check the answers. The general
rule we follow is that the forms will never win a claim (only medical proof
can do that) but they can be the basis for a denial and we help limit that
risk.
3. We can talk the adjudicator's language and that sometimes helps cases get
paid early on.
The reasons lawyers say wait to hire me is:
1. Giving them the benefit of the doubt: many claims are so obvious they do
get paid early on and why should that person pay an attorney's fee. There are
some cases that strong and sometimes I do tell folks, wow, you are so clearly
disabled, just go do it. For the other 99.5% though I feel the education and
support you get from a lawyer is worth a small fee, even if the claim is paid
early.
2. Not giving them the benefit of the doubt, many lawyers don't want cases
early on because the fees are smaller - we get paid a contingent fee of 25%
of back benefits - if the case is paid quickly the fee is small. My
philosophy has been : "so what" - if I make a very small fee
because I win early, the client is happy and will just refer more work to me.
That's worked pretty well for me so far.
As for the issues of the depresison - claims are stronger when you combine
severe impairments, and combining FMS and depression makes your claim even
stronger.
I hope this helps - look forward to talk to you.
Jeff
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j
New to Clouds
Posts: 34
(3/20/02
10:13 am)
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Thanks Jeff...another ??
Do you think that it's better to file in a
phone interview...or in person? I have seen articles where they say going in
person is a BAD mistake because they look at everything.
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Jeff
Rabin
Wind in the Clouds
Posts: 570
(3/20/02 9:29 pm)
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Filing
It makes zero, zip, nada difference whether you file on the
phone or in person - there are usually fewer mistakes if you file in person,
but the not enough to make a big deal - it's the only time I let clients use
SSA's 1-800 number...whichever is easier -just get it done.
Jeff
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POSTED ON CLOUDS
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j
Welcome to Clouds
Posts: 1
(10/19/04
9:18 am)
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how do i find a good lawyer to represent me?
Hi,
I am trying to find a good lawyer ( one that will really go to bat for
you ) in the west central florida area. Somebody recommended a
lawyer, whom I have contacted via e-mail, but I haven't heard back
from him as of yet.
Do you have any suggestions?
Thanks.
- J
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Jeff Rabin
SSD Attorney
Posts: 1339
(10/20/04
9:49 pm)
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Re: how do i find a good lawyer to represent me?
Hi J-
There are several ways to find an experienced representative for your Social
Security claim. First, talk to your friends, relatives and other lawyers you
may know. You can get a good referral that way. Second, ask your doctors who
they may have dealt with in the past. Third, check with local support groups,
or national organizations in your area such as the Arthritis Foundation.
Fourth, you can check with your local bar association for a referral, or our
national organization - the National Organization of Social Security
Claimants' Representatives - at www.nosscr.org. Finally, there are lawyers
like myself who do represent people nationwide - you can call me if you'd
like - no obligation for just chatting - on my toll free number,
1-888-529-0600. If you call, please tell whoever answers the telephone that
you are a Clouds friend.
Jeff Rabin
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POSTED ON CLOUDS
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Author
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Comment
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s e
Wind in the Clouds
Posts: 130
(3/12/02
1:15 am)
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list of health problems-- SSD -- need help
Hi, I do hope some one reads this and can makesense out of it.
May1999 back surgery disc L4- L5 May 1999 hemorrhoidal sugery Aug. 1999 knee
surgery. Oct 1999 back to work, doing great. Dec1999 on the job injure left
leg foot hip. Hip is still jammed ham string awful. Foot surgery 3 times now
, carpel tunnel surgery 2001 , thyroid tumors removed 2001 foot sugery again.
All this time I have had to fight workers comp for any help and fight my
insurance just to keep it. I have FMS- CFS now TMJ due to thyroid goof up . I
finally got insurance to allow me to have physical therapy on foot and hip ,
one week before that I bent over to pick up a pair of sock and now have
L4-L5- S1 and nerve damage. I can't have PT now. Of cource now I have BP ,
depression, anxiety ,IBS , all this has left me somatatization syndrome. I
have not worn a shoe in two years and have to have a cain to walk . My
results just came back from knee doctor , due to no help I have tore out my
knee and the only thing to do is knee replacement. Workers Comp paid for 3
months and dropped me on controversion of back. Do I have any grounds to get
SSD , I have 2 ortho 1 foot surgen and Family doctor that say no work. There
words are just be careful you could really do some damage at this point. DUD
What have I had so for. Any help would be appreciated . Thank you G
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Jeff Rabin
Wind in the Clouds
Posts: 556
(3/13/02
1:47 am)
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List of health problems
Hi G-
Of course from that description it sounds like you suffer from severe
symptoms that would impact on your ability to work and may be totally
disabled.
Realize that a list of health problems is not the issue. Everyone that
applies for SS disability benefits has a list of health problems. The focus
is on what does the medical record evidence establish in terms of ongoing
symptoms and the impact of those symptoms on your ability to perform work
related activities. Also, age, education and work history are factors - often
negative ones.
The issue would be on what objective findings are in the records of those
orthopedic doctors and their opinions on your ability to sustain either sedentary
or sit/stand option work. It certainly sounds from your post as if you have a
claim that should be aggressively pursued. This also, of course, assumes you
have sufficient quarters of coverage for SSDI.
Finally, depending on the onset date your workers comp claim may impact on
the SS claim.
Jeff Rabin
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s e
Wind in the Clouds
Posts: 135
(3/16/02
5:27 am)
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Re new replay to inform all - SSD -- need help
I do have and Attoney for Workers comp and SSD. Its just that
there is so much, I wonder if they can make ends to it. I thoughts of
writting it up, for them like DR XZ 1999 whyI saw him and if it was - SSD or
WC and also do for my attorney the same with wittiness , also all the money
and meds and travel , ETC needs to be keep up with some where , I think ? Do
you think that this might help my people or drive them nuts. I just feel that
this was me ,and I was there at all points and I know more then they will
ever learn about things. I feel sorry for them, there is just so much to go
over. Thanks G
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Jeff Rabin
Wind in the Clouds
Posts: 560
(3/16/02
11:09 am)
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need help
Hi G -
Don't worry about the attorneys - if they need your help they will ask for
it. Remember, at least for the SSDI claim, the history is not that important
since the focus is on your current ability to function and how you've been
doing since the onset date of your becoming totally disabled. For the
attorney it's usually just a matter of ordering and reading the medical
records on those key impairments which really are the cause of your being
unable to work. They will manage to get it organized.
Jeff
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Jeff Rabin
SSD Attorney
Posts: 1339
(10/20/04
9:49 pm)
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Re: how do i find a good lawyer to represent me?
Hi Jamie -
There are several ways to find an experienced representative for your Social
Security claim. First, talk to your friends, relatives and other lawyers you
may know. You can get a good referral that way. Second, ask your doctors who
they may have dealt with in the past. Third, check with local support groups,
or national organizations in your area such as the Arthritis Foundation.
Fourth, you can check with your local bar association for a referral, or our
national organization - the National Organization of Social Security
Claimants' Representatives - at www.nosscr.org. Finally, there are lawyers
like myself who do represent people nationwide - you can call me if you'd
like - no obligation for just chatting - on my toll free number,
1-888-529-0600. If you call, please tell whoever answers the telephone that
you are a Clouds friend.
Jeff Rabin
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POSTED ON CLOUDS
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c
Welcome to Clouds
Posts: 1
(3/25/02
8:04 pm)
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question
im a newly diagnosed pt with fms and a plethra of other problems
that began when I was 22 im now 26, I had a brain tumor and alot of side
affects after the surgery and thats when the pain came and wont leave....are
we really eligble for ssd benefits? I am working for american express and
have exhausted my fmla for this year and my std benefits after taking
10/01-03/02 off as medical leave and my job is now in jeapordy, the only
reason I came back to work is because of fear. All the lay offs and my
medical benefits. c
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Jeff Rabin
Wind in the Clouds
Posts: 584
(3/25/02
9:24 pm)
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Question
Hi C -
Certainly if your doctors agree that your symptoms are so severe that you
can't sustain any type of full time work activity then you could be eligible
for SSDI. We've represented many people with FMS, with brain tumors, with
chronic pain and all types of other ailments and been able to get this
assistance for them. It depends on the cooperation of your treating
specialists and some persistence on your part!
Jeff
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G
Wind in the Clouds
Posts: 412
(2/28/02
2:48 pm)
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Just called Soc.Sec.office 1st time today, I'm
Afraid.....
Hi.
This is Ginny, i'm sure you've seen me on the site, mostly FM discussion
site, since last Sept. My son found me the site.
Well, i don't know why i did this, quess i've had enough, i have FM and i
believe other problems, my son Brian, 19, had surgery 1 day after his 19th
b-day last sept 27th, and my husband 63 has hep.c, still working hard to
support my son and I. Brian is trying to remain a full-time student at a
local comm. college, he has all he can do to do that,let alone work, we are
both on meds. and we just keep blood levels so far on my husband, but we don't
know how long or if he will have to go on disability and get treatment. so
today, i called our local ssi office and they made app. for both Brian and I
on the phone on March 15th at 1;30pm.
i'm so afraid because my rhuematologist told me not to waste his time or mine
trying to get disability on FM alone, but i do believe there are other
concerns, anxiety, depression, woman problems, chronic pain and fatigue, to
name a few. i also called a local pshycologist this morning and she is going
to call me back with an app. both my drs. have told me to see somebody but
both have left me on my own.
so far i have all the names of the drs. addresses, phone numbers, etc. and
the ssi said that they would get the records needed.
well, as i sit here i shake because i know what a hard time people have, and
the guy at the office sounded like it would be so easy, i know i'm in for the
fight of my life and i don't know if i'm up to it, i know i'm not, can you
give me any tips please, i believe i'll have a nervous breakdown just for
calling.
Thanks,
G
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Jeff Rabin
Wind in the Clouds
Posts: 542
(3/1/02
1:30 am)
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Afraid
Hi G -
Best tip I can give you is to hire a lawyer now - then you don't have to go
through the process alone. All the lawyers who really focus in this area of
the law work on a contingency fee - that means that you do not pay any money
unless the claim is approved by SSA. If it is approved, our fees are the
LESSER of 25% of the back benefits, or $5,300, the statuory cap. The fees are
whichever is smaller. Since it is contingency, you don't have to pay any
money as a retainer or hourly.
You can get a lawyer by talking to friends, your local support groups, asking
your doc, calling your loal bar association, or checking our national
organizations web site at www.nosscr.org. I also represent people nationally
and you can feel free to call me at 1-888-529-0600 -- no fees for talking to
Clouds friends!
Jeff
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G
Wind in the Clouds
Posts: 428
(3/1/02
4:21 pm)
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Re: Afraid
Jeff,
we've decided to hold off on Brian's because he's just been diagnozed with
the crohns after his surgery last Sept. 1 day after his 19th b-day, he wants
to see how it goes, he seems to have alot of FM symptons, he had mono before,
just like i have before i knew i had FM
Should i postpone my phone interview until i get a lawyer, i just feel like
quitting, i get extremely anxious just thinking about it, my own family
does'nt believe me, except for Brian, why should anyone else. I think i'll
cancel for awhile.
I don't know what to do.
Thanks,
G
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Jeff Rabin
Wind in the Clouds
Posts: 544
(3/2/02
9:51 pm)
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Afraid
Hi G -
When people call me at this point in the process I tell them to go ahead with
the telephone interview and with completing the Disability Report. Generally,
you can't hurt yourself with those two steps. However, I do recommend that
you start finding an attorney to review the facts of your claim with you, and
set up a plan for proceeding through the process. Don't wait, and don't let
fear of the process stop you from applying - that just lets the bureaucracy
win at your expense.
Since those of us who concentrate in this area of the law all work on
contingency fees, you don't need any money up front and we only get paid if we
win, you should be able to find an attorney to help you. Be advised, however,
that not all attorneys agree with my position regarding getting involved at
the initial level. I feel strongly about this, however, others prefer to get
involved later in the process. I do not agree and like to get involved as
soon as someone has had their interview.
Jeff
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G
Wind in the Clouds
Posts: 432
(3/3/02
8:28 pm)
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Re: Afraid
Hi Jeff,
I thank you for your help, but i really feel at this point i dont stand a
chance, my rhuematologist, whos been the only dr. i could find to believe in
FM in Massachusetts, told me not to waste his time or mine, SO DO YOU REALLY
THINK I STAND A CHANCE?
I'm going to see a lady pshcologist, i need too, plus shes helped alot of
people get disability, at least she should be able to steer me alittle
better.
We are expecting our 1st grandchild in April, i want to get all THE JOY FROM
THAT LITTLE BABY AS I CAN, without worrying about anything else.
I'll keep in touch as i go along.
God Bless you and thanks,
G
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Jeff Rabin
Wind in the Clouds
Posts: 546
(3/3/02
11:48 pm)
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Afraid
Hi G -
Well, it sounds like you and the rheumatologist are not on the same page and
that you two need to communicate a little better. If he truly feels you can
work 40 hours a week that will make any claim based upon FMS very difficult
to prove. If depression is a true problem then treating with the psychologist
is wise and you can see what she says.
In the meantime, enjoy the grandbaby...
Jeff
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G
Wind in the Clouds
Posts: 434
(3/4/02
1:49 pm)
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Re: Afraid
Thanks Jeff for your support, you see, i've only been seeing
this rhuemy since last Sept. even though i've been through Hell with pain
clinics, etc. NIGHTMARE I'D LIKE TO FORGET-DO YOU BELIEVE A CURE IS POSSIBLE?
Oh how i pray for that for all of us who want to wake up and live a normal
life...Jeff, am i nosy, but do you have FM or somebody you love? You can tell
me none of my business, but i'm a curious person and you seem so caring and i
figure there has to be a reason. Also, i don't know if my rhuemy feels i can
work 40hrs a wk., i never asked him and he never said, all i know is HE CAME
IN LOUD AND CLEAR WHEN HE SAID NOT TO WASTE HIS TIME OR MINE TRYING TO GET
DISB. ON JUST FM!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Well, Jeff, in awhile i'm going to call and cancel our phone app. I'm crying
as i write this because the system shouldnt be this way, with all my heart
and soul, i'm praying for a miracle, i want to wake up everyday and go to
work. I'd love to work at our local elementary school, i'd love to be a
teachers aide to preschool, just know i'd miss too much school now, and then
i'd just get fired.
Well, God Bless you Jeff for being you and for having an extremely warm
heart.
G , i hope a new friend....
PS I haven't filed my profile on ezboard yet, need my son to help me, bye for
now....
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Jeff Rabin
Wind in the Clouds
Posts: 547
(3/4/02
10:33 pm)
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Afraid
Hi G -
It's up to you to pursue your claim and don't recommend that you stop now -
you can abandon a claim at any point, and there is no cost to filing. Just
talk to the rheumy and assure him that if he'll support that the fatigue and
pain preclude full time work, lawyers like myself will advocate and fight for
no money up front.
As for my background, no family members with FMS. Just a lot of clients who
suffer - not only with FMS, but with CFS and MS and chronic migraines and
Crohns and Rheumatoid Arthritis and back injuries and depression and PTSD and
RSD and all types of medical problems that make you feel so lucky when you
can get up and enjoy a day without pain. I've been blessed, so if I can help
a little, it's my honor. Paula and Rich do a great job here and created a
nice place on the Internet, I'm glad that I can contribute.
Jeff
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G
Wind in the Clouds
Posts: 446
(3/6/02
10:43 pm)
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Re: Afraid
DEAR JEFF,
I'M SO GLAD YOU DON'T HAVE THIS BECAUSE THEN YOU WOULDNT HAVE BEEN ABLE TO
HELP EVERYONE YOU HAVE. I KNOW SOMEDAY I'LL HAVE TO CONFRONT THIS AGAIN, BUT
I'M SORRY TO SAY, ITS ALL TO DISCOURAGING FOR ME. I WON'T EVEN GO TO THE
PSHYCHOLOGIST TOMORROW, I GUESS I'VE BEEN KICKED IN THE HEAD TOO MANY TIMES
AND I JUST DON'T WANT TO TALK ABOUT ANY OF THIS TO ANYONE WHO DOESNT CARE
ANYMORE. TO ME, ALL THESE DRS. WANT IS OUR MONEY, FOR NOW, I'M GOING IT
ALONE, I REALLY WANT TO WORK WITH PRESCHOOL SOMEDAY, I PRAY THE LORD HELPS ME
TO DO THAT, I DON'T WANT TO BE LOCKED UP IN THIS PAIN ANYMORE, AND I WONT
FILE AGAIN UNTIL I KNOW I'LL WIN.
THANKYOU FOR BEING SUCH A CARING MAN AND LAWYER, THAT TO ME RIGHT NOW, IS A
MIRACLE.
MAY GOD BLESS YOU FOR ALL YOU ARE DOING, I KNOW HE WILL.
G
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b
Wind in the Clouds
Posts: 107
(3/10/02
12:31 am)
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Re: Afraid
don't be afraid you can always start over if after your
intereview is over, the way it went for me was I had to go down to the social
office and it was a bad day I was in the middle of a flare up and they helped
me as much as they could be the paper work you get sent or they send you must
be back to them in 10 days if not you would just have to start over, and
least you would know what you have to
do
soft hugs and handshakes
B
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Jeff Rabin
Wind in the Clouds
Posts: 551
(3/10/02
11:32 pm)
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Knowing you'll win
Hi G -
I'll make you a deal - since I've been helping people in this area of the law
for more than 20 years - and since when I do get hired I don't get paid
unless I win - let's agree to talk. No fees for just talking. You seem
convinced you'll lose - if I agree after we talk, then I won't take your case
and you lose nothing but a few minutes on the telephone with me. If I think
we can win and can come up with a plan that also helps your health and
future, then we'll go for it together. Please give me a call toll free at
1-888-529-0600. I'll be in the office all day on Monday.
Jeff
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W
New to Clouds
Posts: 18
(3/11/02
1:20 am)
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Don't give up hope!
Hi Ginny,
I wanted to drop you a note and let you know that you are not alone.When I
started filing for my disability I tried doing it alone.It was a major pain
and I was ready to give up.That's when I found this site and decided to call
Jeff.Well I have to say that is when my whole outlook changed.Before that I
was convinced that I didn't have a chance of winning but now I know I will
get my disability.After I talked to Jeff and got him to help me it was like a
weight was lifted from my shoulders.Him and his staff are there anytime I
need them.They are always so helpful and nice and make sure everything is in
order for you.There have been times when I was so depressed that I was in
tears.Jeff would talk to me on the phone more like a best friend than an
attorney and by the time the conversation ended I had hope again.I suffer
from terrible pain daily caused from deg. disc disease,spondylosis,ruptured discs,
and arthritus.On top of this I suffer from seizures.Jeff and his staff takes
care of all the work for me and all I have to do is let them know when
something changes with my health.A few weeks ago I had multiple things
changing with my health and my meds.I didn't know what I should do as far as
notifying Social Security.I emailed Jeff and explained the situation and he
answered my email the same night telling me not to worry.He took care of
everythng including contacting my doctors for the medical reports and
everything.All I had to do was drop him an email and it was taken care
of.Anyway I am sorry this is so long.I just wanted to let you know how much
they have helped me and made this whole nitemare so much easier.When you
decide that you are ready to take that step it is so much easier having
someone by your side to help you.I had always dreamed of becoming an
accountant someday and I still hold onto that dream but for now I have to get
through this stage in my life and concentrate on getting my health back.I
wish you the best in whatever you decide to do and remember whatever your
decision we are here for you if you need to talk.
Gentle Hugs,
W
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Jeff Rabin
Wind in the Clouds
Posts: 554
(3/11/02
4:40 pm)
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Re: Don't give up hope!
Hi W -
I just wanted to thank you for writing such a nice note - I hope you don't
mind but I cut and pasted it and sent a copy to my staff - sometimes just a
nice word like that makes everyone perk up a little bit and get that little
extra satisfaction from their day - and in this case, your note helped a lot!
Jeff
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W
New to Clouds
Posts: 19
(3/13/02
1:29 am)
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Jeff
You are so welcome! I am happy that you showed it to the staff
and that it brought their spirits up.When people like myself seek help we run
into mostly rude and uncaring people.It is nice for a change to find someone
that treats us like human beings.I am just thankful that I found this forum
and all the understanding people here.
Gentle Hugs,
W
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POSTED ON CLOUDS
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w
New to Clouds
Posts: 7
(2/17/02
1:18 pm)
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Winning case
Cloudies, I sent a message about 2 weeks ago to announce that
after almost 3 years I was approved for ssi and ssd. I have fibromyalgia,
chronic fatigue, chronic back pain and severe depression. I had a bad
representative that passed himself off as a lawyer which he was not. He told
me that lie for almost l year. Of course I was turned down by the judge. I
had no where to turn and I saw Jeff Rabin's name on Clouds and I took a
chance and called him for advice and to help me find an attorney in my area.
I explained all the problems that I had and he said to send my denial and he
would look it over. He called me a couple days later and said he would take
my case. He got every medical report that I needed, answered all my
questions, helped me fill out all the paperwork that ss sent me and even flew
to my State and went to court with me. He is remarkable and now I am going to
pay my bills and keep my house. I would reccomend him to anyone who wants to
win their case. wildcat48. If anyone wants to know anything else about him,
send me a reply and I will get back to you. Sorry so long, but I can not
praise Jeff enough for what he has done for me.
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V
New to Clouds
Posts: 7
(3/14/02
4:17 pm)
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Re: Winning case
Hi, where is the lawyer from what state? How much did it cost?
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w
New to Clouds
Posts: 9
(3/15/02
12:12 am)
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great attorney
V, Jeff is ffrom Illinois around Chicago. He charges 25% of your
backpay if you win and nothing if you don't. He is a really great attorney
and really keeps up to date on all your medical bills and he is really a nice
man. He came here with me to go to my hearing with me. If you need to know
anthing else, let me know.
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POSTED ON CLOUDS
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di
Welcome to Clouds
Posts: 1
(2/23/02
10:09 am)
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Help
I am a 33 year old recently DX with fibromyalgia. What next?? I
have 3 kids 2, 6, 9. I have the best job of my life. But now it is hard to do
anything I seem to be in constant pain. My co-workers (including my
supervisor) think I should work on getting disability. I am confused and
don't know where to turn from here. I finally got a appointment with a
specialist March 11. Any advice/ guidance is appreciated.
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Jeff Rabin
Wind in the Clouds
Posts: 537
(2/24/02
9:21 pm)
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Re: Help
Hi -
Generally we suggest to people to work as long as possible - perhaps your
employer can make work possible for you with some reasonable, inexpensive
accomodations. Most people seem to want to work as long as possible.
If you get under the care of a rheumatologist or pain specialist who agrees
after seeing you several times that you are totally disabled by the fatigue
and pain (don't forget to discuss the fatigue at every visit) then it's time
to file for SSDI. You can get some basics from SSA's web site at www.ssa.gov
(it's one of the things SSA does well). You should also talk to an
experienced representative at that time.
Good luck - let us know what happens.
Jeff
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di
New to Clouds
Posts: 2
(2/25/02
8:47 am)
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Re: Help
Thank you so much Jeff.
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POSTED ON CLOUDS
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S H
New to Clouds
Posts: 9
(2/23/02
2:22 am)
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Six Months Since
Informed of 2 year Review
Hi, it is now over 4months since I received notice I was up for
2 year review. I filled out the short form and added a paper detailing I see
3 doctors at least once a month and receive several injections each month in
an attempt at pain control. I have not heard a single thing from them, and my
checks keep coming. Other people are saying they are contacted, sent for
exams and/or have records requested etc. I have not heard one thing; in fact,
on the forms I returned they didn't even ask what doctors I see. The reasons
for my recent visits were extreme pain, suicidal ideation and depression.
Could SSD have lost my file? I don't want to call as it may open a can of
worms, so to speak. Should I just assume they have decided I am still ill (I
have gotten much worse since my original approval)? If so, am I not supposed
to get a letter? They are driving me insane.....without SSD and Medicare I
might as well hang myself, like I tried to do last month.....thanks for
reading this....S
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Jeff Rabin
Wind in the Clouds
Posts: 535
(2/24/02
9:15 pm)
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Re: Six Months Since
Informed of 2 year Review
Hi S -
I can't tell you what to do -- in some ways no news is good news - most of my
clients who end up having full blown Continuing Disability Reviews hear
something back much earlier than 6 months. Generally we assume that if they
have heard nothing then the adjudicator has agreed that there has not been
sufficient medical improvement and benefits will continue.
If you are still uncertain then you'll have to either go to the local office,
or call the adjudicator processing the CDR.
Jeff Rabin
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S H
New to Clouds
Posts: 11
(2/24/02
9:32 pm)
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Re: Six Months Since
Informed of 2 year Review
Thanks, Jeff. I know I've been a pest before about this but it
really means our very financial existence. Maybe the monthly consistency of
my doctor visits as I reported on the form indicated the extent of my
illnesses. Not everyone has to get a bunch of marcaine injections just to
make it through the week! At any rate, there is no doubt I've gotten much
worse than I was two years ago; we all wish and believe we are going to
improve, but it doesn't alway happen, unfortunately. BTW, you are a great
help on this board and we all appreciate your interest. Well, like my husband
said, as long as they are paying, then don't worry! Best wishes, S
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Jeff Rabin
Wind in the Clouds
Posts: 539
(2/25/02
12:05 am)
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Re: Six Months Since
Informed of 2 year Review
Hi S -
never a pest....and, glad if I can help here...
Jeff
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POSTED ON CLOUDS
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Author
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Comment
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L B
Wind in the Clouds
Posts: 103
(1/30/02
5:23 pm)
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JEFF-NEED ADVICE
Hi Jeff. I left a message at your office, but you were in
Virginia. I talked to you last year, but I was still working. I had to
reduce my hours in August, quit Oct. 4, 2001, and filed for SSDI January 4,
2002. I just received the activity list, and I'm scared to death I'm going
to fill it out wrong. I've heard to keep it simple. Do I go into detail of
my pain, or just answer short and to the point? Any other hints would be
greatly appreciated. I hope you read this soon. I have that "10
day" limit to return it. It sure is scary. How do you try and convince
a stranger how much pain and fatigue you're in??!! Thanks for your help.
L B
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Jeff Rabin
Wind in the Clouds
Posts: 509
(1/30/02
10:17 pm)
Reply
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Advice
Hi L -
It was good to talk to you on phone again and look forward to meeting you
and husband...we'll try and help you out.
As for the form, as we discussed, those answers will almost never win your
claiim - SSA will always focus on the medical evidence - but those answers
can damage your claim by innocently contradicting medical reports, not
being really accurate, etc. We always suggest having a representative by
the time you complete those forms so that she/he can review your answers
with the other information you have provided and help lessen the chance
that they will harm your claim later on.
See you soon.
Jeff
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POSTED ON CLOUDS
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Author
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Comment
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G
Wind in the Clouds
Posts: 268
(1/26/02
12:00 am)
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My Rhuematologist told me not to
waste his time or Mine?
He said you can never get SSI for just FM, well tons of other
baggage goes with FM, where do I go from here, how do you even know if you
could qualify. The registry gave me a handicap card, I feel like thats the
biggest BLESSING IN THE WORLD, SSI WOULD BE A MIRACLE!!!
God Bless and gentle hugs,
Ginny from Massachusetts
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c 1
New to Clouds
Posts: 12
(1/26/02
12:29 am)
|
Re: My
Rhuematologist told me not to waste his time or Mine?
G,
Go ahead and apply for ssi. You don't need your rhumi's permission. I
applied 2 years ago and have a hearing coming up soon. Get a different
rhumi also, mine is behind me 100%. You are right that FM comes with a lot
of baggage. I suffer from depression, arthritis,anxiety disorders and
chronic fatigue becauase of my FM, and thats just to name a few things.
Start off with your general dr and have him find a rhumi to work with. My
Dr and rhumi are in contact with each other about my case and are both
behind my SSI application .
GOOD LUCK AND KEEP IN TOUCH
C 1
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Jeff Rabin
Wind in the Clouds
Posts: 507
(1/26/02
5:09 pm)
Reply
|
Rheumatologist and the law
Hi G -
If I could not get my clients with Fibromyalgia SSDI benefits my practice
would be much smaller. The doctor is right, these are often difficult
claims, but the law allows for payment based on any medically determinable
impairment which precludes the ability to perform any substantial gainful
activity.
Obviously many FMS claims are approved - you've read the posts here on
Clouds of the visitors here who have been successful. The doctor may just
not be aware, or may not have had many of his patients approved. You should
retain an experienced representative to help prepare your claim and if need
be, talk to the doctor. His office notes, his clinical findings and his
written opinions will be key to your claim.
I rarely advise people to switch doctors - to me, that is not a lawyer's
role - unless they feel the doctor just isn't helpful in their medical
treatment. You should print out some of the older posts in this section of
Clouds written by people whose claims were approved.
Good luck - let us know what happens!
Jeff
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636 South Des Plaines River Road
Suite 300
Des Plaines, Illinois 60016
Email Us
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Phone: 847-299-0008
Toll Free: 1-888-LAW-0600
Fax: 847-299-4493
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© 2008 Jeffrey A. Rabin & Associates, Ltd.
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