Social Security Disability Fight

[txrepub4God]

How many Americans in here filed for disability and were approved? Any in Texas specifically? I filed immediately after having to quit in December 2012, and a few days ago I received a letter from the Appeals Council, giving me my 4th denial in almost 4 years. The amount of health diseases I have filed with is tremendous, I had what I thought was a great attorney, I had 4 of my doctors backing me with letters stating I am 100% totally & permanently disabled, and the state's vocational counselor that testified at my trial told the judge TWICE there was absolutely no job I could do now. Unfortunately, Texas is a very tough state regarding awarding disability, and my judge was the worst one out of the 10 judges in my district who only grants 28% of his cases.

I now had to get a new attorney, as my case appeal is going to the fifth & final appeal at the federal level & I have to get a lawyer that can handle federal cases. I have seen soooooo many mistakes my ex-attorney made & that the Social Security Administration made in my paperwork. I have no idea why so many other people can lie & work the system & get approved right away. I know people who are getting disability & are working full-time jobs under the table. I know peole who use their "disability" money to buy illegal drugs every month. This whole system is jacked up!

I worked 25 years full-time from the age of 15 & cannot BELIEVE that I now can't get help when I so desperately need it! How many of you got disability because of Wegeners? How long did it take? Were you approved right off or had many appeals? I will be appealing for the 5th & final time, and then I will file a new case (this is allowed now) if I'm not approved on my appeal. I'd appreciate any prayers!

Teri

[drz]

Disability claims and success in getting it does vary according to the agency and the standards used. Insurance companies and Social Security have different standards and processes. It sounds like you have done everything right and just run into an amazing amount of resistance that is hopefully rather atypical. Unfortunately we all know about cases of fraudulent claims and misuse of the system that can make things more difficult for a legitimate claimant. And unfortunately us Weggies often have the extra handicap of hearing "You don't look sick"

I hope you can find a good lawyer with skill and experience and hopefully some motivation to help you get the help you need and deserve. Unfortunately they are often (maybe usually) driven by monetary reward so it might relate to how much back pay you are likely to get from SS since they will take a big chunk of it. The bigger the payout, the better chance of finding a good attorney.

Look for references to try find good help in this matter. Some times some one at SS will actually give helpful counsel as can social workers who have experience in this area of getting SS disability.

[annekat]

I'm so sorry, Teri, and this is so unfair. I've gathered from personal experience and forum members that it does vary by state and location and also your age. At 58, I had no trouble getting it the first time, filed my app online and was interviewed over the phone by the ladies in the local office, and never had to use a lawyer. It took me a couple of months to complete my app because I felt so crappy at that point and concentrating on it was very difficult for me. So my only glitch was the local ladies telling me I had better hurry up and finish it or my case would be closed. When I finally did, and had my phone interview, I felt they were very helpful in summarizing my case accurately and effectively, and even bent over backwards to state my case in my favor. I never had to talk to my doctors, and they must have been consulted, but the subject never came up. I don't know why it was so easy for me compared to you or some others, and figure my age had a lot to do with it, as well as my self employment and resulting low income. I have a much worse work history than you but have paid enough into the system to get benefits, though the amount isn't very big. I got as much retroactive benefit as was allowed, which helped a lot, since I'd been sick and not making much for awhile. It's ironic that someone with your good work history, who has paid a lot into the system, and is very sick and in need of help, would be denied.... they'd have to pay you a bigger benefit than mine, but you have earned it. All I can say is keep trying, and I hope you get the best attorney available and end up with a much more sympathetic judge. Best wishes to you, from the bottom of my heart.

[Debbie C]

Teri, I also,like Anne,had no problem getting disability. I used to work with SS attorneys and there are alot of people who deserve it and get turned down and then there are the others like you said shouldn't be on it. It does depend alot on your age,usually 58 since you are close to retirement age. But your lawyers must have really messed up your case. I know somewhere in the archive posts there shows a section in the SS handbook that wegeners is a reason to get it. But if your drs. say you can not work for a least a year that should also qualify you. I hope you get a good attorney and judge this time and "look sick" when you go !! Good luck,I hope you get it this time

[bdoughty]

Diagnosed with Wegener's in Dec 2009 (age 37). Hospital assisted me with getting a lawyer. Was denied the first time when we sent the paperwork in and then we went in front of a judge and was accepted (live in the Texas Panhandle but went in front of a judge from Ft Worth via teleconference). I have other conditions that are not related that may have assisted but it was mostly from the Wegener's. Was on a ventilator for 7 days while they sent the biopsy off and it affected my right hand and left foot (numbness) which still persists. Not able to use my primary hand and limited lung function eliminated most any work I could do.

Wish you the best!

[Lilly]

I'm so sorry to hear about the difficulty you are having. I agree, having the "You don't Look Sick" is another issue against us. I did get disability in Alabama. It was not as difficult as the time you are having, but I had to do a LOT of things myself, even WITH a lawyer. In Alabama, there is a list of illnesses that are Automatically accepted as disabled....for instance Diabetic. I was fighting like crazy to get disability, and my Brother in Law had just retired from the Coast Guard, and began teaching at a small local College, and he started getting sick, and was diagnosed with diabetes. So now, he has his retirement check from the Coast Guard, A part time job teaching, and a disability check. It doesn't seem fair, but that's the law. I love my Brother in law, he is just an example of how the system is kind of messed up. His disability check is not very much. And he had to have an insulin pump for his type, because it is uncontrollable with just checking his sugar the regular way. But anyone who is diabetic, no matter how it affects them working or not, can just automatically get a check. I think my hard work, a LOT of Praying, and maybe just getting the judge on a "good day" helped me get my disability. But without it, I would be completely dependent on my parents. I will be praying for you. I wish you all the best, and keep us posted.

[drz]

I'm so sorry to hear about the difficulty you are having. I agree, having the "You don't Look Sick" is another issue against us. I did get disability in Alabama. It was not as difficult as the time you are having, but I had to do a LOT of things myself, even WITH a lawyer. In Alabama, there is a list of illnesses that are Automatically accepted as disabled....for instance Diabetic. I was fighting like crazy to get disability, and my Brother in Law had just retired from the Coast Guard, and began teaching at a small local College, and he started getting sick, and was diagnosed with diabetes. So now, he has his retirement check from the Coast Guard, A part time job teaching, and a disability check. It doesn't seem fair, but that's the law. I love my Brother in law, he is just an example of how the system is kind of messed up. His disability check is not very much. And he had to have an insulin pump for his type, because it is uncontrollable with just checking his sugar the regular way. But anyone who is diabetic, no matter how it affects them working or not, can just automatically get a check. I think my hard work, a LOT of Praying, and maybe just getting the judge on a "good day" helped me get my disability. But without it, I would be completely dependent on my parents. I will be praying for you. I wish you all the best, and keep us posted.

As someone who has had diabetes for years and i require both an insulin pump and continuous glucose monitor to manage that disease, I really doubt this automatically qualifies anyone for SS disability. Most people with diabetes are active in the work force and are able to manage their disease while doing so. Even after some develop significant problems from the disease like being in a wheel chair many keep their employment. Of course some or a few become so disable they can no longer work or keep a job. Diabetes could qualify one for some private disability insurance plans if a diagnosis of diabetes precluded maintaining that type of employment. I doubt there are any commercial pilots still flying with this diagnosis.

This is what SS says about disability for diabetics:


"Impairments that Qualify for Diabetes Disability Benefits


In order to qualify for Social Security Disability benefits on the basis of Diabetes, your doctor must diagnose you as having Diabetes mellitus (Type 1 or Type 2 Diabetes) and at least one of the following conditions:


Neuropathy - abnormality of the nervous system that must significantly affect two extremities to the extent that a person experiences a “sustained disturbance” of movement of those extremities, or in walking, or in simply standing.
Acidosis - the abnormal increase in the acidity of bodily fluid that occurs at least once in every two months and which is documented by blood tests.
Diabetic Retinopathy - damage to blood vessels inside the eye resulting in a significant loss of peripheral vision in the better of the two eyes, or a significant loss of visual acuity in the better of the two eyes. To meet this criterion, the severity of the damage must be such that the person is virtually blind.




Most of the time, applicants will be approved for Social Security disability benefits on the basis of Diabetes only in conjunction with one or more other disabling conditions that have been caused by the disease.


Approval for Social Security Disability benefits will probably be in the form of a medical vocational allowance if it is found that you are unable to return to your previous employment or perform any new type of work due to the severity of these conditions.
Your Diabetes Disability Case


If you are disabled because of the health impairments caused by Type 1 or Type 2 Diabetes prevent you from working, you may very well be entitled to Social Security Disability benefits.


Although total disability based on Diabetes and its related conditions can be difficult to prove compared to other disabling conditions, working closely with your doctors and a qualified Social Security Disability attorney can help to ensure that your Diabetes disability case will have the highest possible chance of success."


I worked until shortly before the Wegs put me into the hospital and then I totally retired after my release cause I knew I could no longer do the work. Diabetes in my opinion requires more work and attention to manage on a daily basis and I would say it generally kills one a lot more slowly than Wegs. Type 1 diabetes and Wegs are both considered an autoimmune disease and both are a major inconvenience.

[drz]

I'm so sorry to hear about the difficulty you are having. I agree, having the "You don't Look Sick" is another issue against us. I did get disability in Alabama. It was not as difficult as the time you are having, but I had to do a LOT of things myself, even WITH a lawyer. In Alabama, there is a list of illnesses that are Automatically accepted as disabled....for instance Diabetic. I was fighting like crazy to get disability, and my Brother in Law had just retired from the Coast Guard, and began teaching at a small local College, and he started getting sick, and was diagnosed with diabetes. So now, he has his retirement check from the Coast Guard, A part time job teaching, and a disability check. It doesn't seem fair, but that's the law. I love my Brother in law, he is just an example of how the system is kind of messed up. His disability check is not very much. And he had to have an insulin pump for his type, because it is uncontrollable with just checking his sugar the regular way. But anyone who is diabetic, no matter how it affects them working or not, can just automatically get a check. I think my hard work, a LOT of Praying, and maybe just getting the judge on a "good day" helped me get my disability. But without it, I would be completely dependent on my parents. I will be praying for you. I wish you all the best, and keep us posted.

As someone who has had diabetes for years and i require both an insulin pump and continuous glucose monitor to manage that disease, I really doubt this automatically qualifies anyone for SS disability. Most people with diabetes are active in the work force and are able to manage their disease while doing so. Even after some develop significant problems from the disease like being in a wheel chair many keep their employment. Of course some or a few become so disable they can no longer work or keep a job. Diabetes could qualify one for some private disability insurance plans if a diagnosis of diabetes precluded maintaining that type of employment. I doubt there are any commercial pilots still flying with this diagnosis.

This is what SS says about disability for diabetics:

"Impairments that Qualify for Diabetes Disability Benefits

In order to qualify for Social Security Disability benefits on the basis of Diabetes, your doctor must diagnose you as having Diabetes mellitus (Type 1 or Type 2 Diabetes) and at least one of the following conditions:

Neuropathy - abnormality of the nervous system that must significantly affect two extremities to the extent that a person experiences a “sustained disturbance” of movement of those extremities, or in walking, or in simply standing.
Acidosis - the abnormal increase in the acidity of bodily fluid that occurs at least once in every two months and which is documented by blood tests.
Diabetic Retinopathy - damage to blood vessels inside the eye resulting in a significant loss of peripheral vision in the better of the two eyes, or a significant loss of visual acuity in the better of the two eyes. To meet this criterion, the severity of the damage must be such that the person is virtually blind.

Most of the time, applicants will be approved for Social Security disability benefits on the basis of Diabetes only in conjunction with one or more other disabling conditions that have been caused by the disease.

Approval for Social Security Disability benefits will probably be in the form of a medical vocational allowance if it is found that you are unable to return to your previous employment or perform any new type of work due to the severity of these conditions.
Your Diabetes Disability Case

If you are disabled because of the health impairments caused by Type 1 or Type 2 Diabetes prevent you from working, you may very well be entitled to Social Security Disability benefits.

Although total disability based on Diabetes and its related conditions can be difficult to prove compared to other disabling conditions, working closely with your doctors and a qualified Social Security Disability attorney can help to ensure that your Diabetes disability case will have the highest possible chance of success."

I worked until shortly before the Wegs put me into the hospital and then I totally retired after my release cause I knew I could no longer do the work. Diabetes in my opinion requires more work and attention to manage on a daily basis and I would say it generally kills one a lot more slowly than Wegs. Type 1 diabetes and Wegs are both considered an autoimmune disease and both are a major inconvenience.

[bdoughty]

Agreed Drz. Before I had the Wegener's diagnosis I was diagnosed type 2 diabetes, sleep apnea, severe OCD and Panic Attacks to name a few, all in the span of a month. I never applied for disability for any of these as I was able to work and function for the most part. After going through the system in 2009/2010, I do not see where anything would be automatic, especially here in Texas.

[Lilly]

Hi drz, I owe you, and everyone on this forum an apology. I spoke out of ignorance of the law and also made "diabetic" seem like an illness that is not important or deadly. I have other relatives, and friends, who have diabetes, and I know it is an illness that is devastating. I have a friend who has lost a limb because of being diabetic. There is no excuse for my post making diabetes seen like an illness that is not important, or as deadly and difficult to deal with as all the other autoimmune illnesses. I apologize, and I feel terrible for the way my post made light of such a damaging illness. I hope yall can forgive my ignorance. I was told by my Bro in law that the Coast Guard put him on disability after his diagnosis of diabetes, but there are other areas of the government that give a sum of money for illnesses, and I spoke in ignorance when I posted previously. Please accept my apology. I will not post anything that I am not completely knowledgeable about again. It is not fair, and I am sure it hurt many feelings. I am so sorry.

[bdoughty]

I will not post anything that I am not completely knowledgeable about again.

If everyone lived by that rule, internet forums would be bare. Even Einstein made mistakes on things he would be considered an the utmost expert at.

It's all good!

[Gab122]

Bdoughty, good response! I don't know about diabetes or disability filing. But I do know we all make mistakes and we are all on a journey that can be frustrating and discouraging at times.
I'm glad we have this place to gather and ask questions and help each other learn more...
[emoji177]