COPD & Emphysema Support Group
COPD is a progressive disease characterized by airflow obstruction or limitation. Emphysema is characterized by loss of elasticity of the lung tissue, destruction of structures supporting the alveoli and of capillaries feeding the alveoli. Both have symptoms that include shortness of breath, among other respiratory troubles. If you are a COPD or Emphysema sufferer, join...
The official guidelines for disability are very stringent. For example, you have to not only demonstrate a medical/physical condition; you have to prove you cannot perform ANY kind of work. Very, very few except the extremely obvious cases get accepted the first time. Compounding the problem is every SS office, clerk, case worker, State, and yes, even judges, are different and will apply or not apply specific rules unequally with the general (though unstated) goal to ferret out any single item, no matter how small to deny your disability claim. So even if you feel you qualify you have met 99% of the criteria you will likely be denied because of the 1%.
If you are disabled, cannot work, and have not worked for a period of time (6 months to two years) you are eligible for disability benefits. So my advice is to assemble what information you have and apply. You might get it first time, but usually not. Then go out and hire an attorney, a Social Security Disability advocate. Unless you are also an expert in SSDI law or are willing to take massive amounts of time to become one you are just wasting your time.
The attorney will be paid only out of your past-due benefits, or any "back pay that you receive. This can be as high as 25%, but is often lower 10-20% is more common and you can bargain for a lower rate.
Also I think you mentioned you lost your job because of your disability. You may have additional benefits coming from there as well your attorney will know.
Good Luck
BJ
When I applied, I chose to do all the work myself. I was approved within 6 weeks of my application with no problems.
The important thing is to have all your "ducks in a row" before you start the process.
1. Get copies of your medical records. Both test results and doctors notes. Make several copies. In my case I elected for a second opinion, so I had records from two pulmonologists and my primary care physician.
2. Decide weather you are going to try to continue working during the process. You can continue to work during the process, but that decreases your chances of being approved. This is a tuff one, because if you are not actively seeking employment you are not eligible for unemployment benefits. I elected not to work.
3. You can apply online. If you do that, answer all the questions accurately. You will need your medical records at hand for this.
4. If you get an appointment at a local office, again take copies of your medical records with you. I can't emphasize enough how important the medical records are. At this point you might also want to apply for SSI (supplemental security income), if you are eligible.
5. Be proactive. When you are assigned a case worker get his/her phone, extension, and fax number. At this point you have to be proactive in assuring they get all the required information in a timely manner. On several occasions I would receive a questionnaire in the mail just two days before it was due. In that case I would call the case worker and inform him that it was in the mail, as well as faxing the documents. Again I would send copies of my medical records along with the questionnaire. You will also have to stay on top of your doctors to assure they respond to your case worker in a timely manner.
If you are approved you will still have to wait 6 months before you can start collecting your benefits. SSI and Medicaid may be helpful during this time. Your SSI ( if you are eligible ) will start immediately and be retroactive to the date of your application. Your SSDI benefits "may" be retroactive.
This is just my experience with SSDI and I was fortunate to be approved so quickly. But as Gnott pointed out every case is different and must be supported with strong medical evidence.
If you are confused by the process it is probably best to let the experts handle your case.
Disability Evaluation Under Social Security
http://www.ssa.gov/disability/professionals/bluebook/3.00-Respiratory-Adult.htm#3_02
http://www.ssa.gov/disability/professionals/bluebook/3.00-Respiratory-Adult.htm#3_02
also, disability lawyers work for a percentage of what they win, so they may be more "honest" in taking a case compared to an attorney that gets an up front fee.
gro100 is a hero to me....i'd hire help LOL
BJ
I had to front a medical board with all my paperwork and doctors reports over at least a year. Once I proved I was incapable of holding down a job, I got full disability....took me 2 months with back pay to the day I applied...