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[size=5][/size] The below is a combination of info from: me, disinissues website, minoucat & conniemc from lymenet! EMPHASIS: IT'S NOT THE ILLNESSES WE HAVE; IT'S WHY WE CAN NOT PHYSICALLY DO THE WORK: SITTING, STANDING, WALKING, LIFTING, CLIMBING, CRAWLING, BENDING, WORKING WITH OUR HANDS, ETC. HIPPA LAWS: Under the new HIPPA guidelines you have the legal right to request that mistakes in the records be corrected. Docs don't like to do this. Hubby did have this done at least once. It would probably be a bigger hassle and harder to get the corrections done if an ER or hospital was involved. Bea Seibert IMPORTANT!! Below!! 2005, top 20 states in CDC STATS; fyi, IOWA no. 15% http://flash.lymenet.org/scripts/ultimatebb.cgi?
ubb=get_topic&f=1&t=049305#000004 LYMEDAD sorted the numbers for 2005 plus 2006 (through 12/23/06. New York 9754 Pennsylvania 7642 New Jersey 5281 Connecticut 3497 Wisconsin 2786 Massachusetts 2369 Maryland 2177 Minnesota 1646 Delaware 1111 New Hampshire 823 Virginia 589 Maine 534 Rhode Island 274 California 264 Iowa 176 Vermont 157 Illinois 127 Michigan 116 Florida 106 Ohio 100 Texas 88 North Carolina 79 West Virginia 75 DC 69 Indiana 54 South Carolina 33 Missouri 27 Tennessee 20 Alabama 19 Oregon 18 Arizona 17 Washington 16 Nebraska 13 Georgia 13 Kentucky 12 Idaho 9 Utah 8 Kansas 8 Alaska 7 Nevada 6 New Mexico 5 Wyoming 4 South Dakota 3 Louisiana 3 North Dakota 3 Colorado 1 Mississippi 1 Arkansas 0 Guam 0 Hawaii 0 Oklahoma 0 Puerto Rico 0 From Truthfinder/Tracy: 2003 CDC Incidence map http://www.cdc.gov/ncidod/dvbid/lyme/
distribution_density.htm or this “risk map”: http://www.aldf.com/usmap.shtml Now compare that to this map that shows the incidence of positive Lyme test results in dogs in the USA: http://www.idexx.com/animalhealth/testkits/3dx/lymemap.htm Lymeneter Kay found this list of symptoms at http://www.lymediseaseaction.org.uk/symptoms.php It says it all: Tick Borne Disease - Symptom A to Z Lyme Disease is systemic, it can effect the whole body. This page lists the possible symptoms. Abdominal Pain Achiness (Generalised) Acrodermatitis Chronica Atrophicans/ ACA Alcohol - Extreme Effects Of Anorexia Anxiety Attacks Arthritis Back Pain Balance Problems Bell's Palsy Bladder Problems Blindness Blood Pressure - Raised Bone Erosion Bone Pain Bowel Problems Bradycardia - Slow Heart Beat Brain Fog Breast Discharge Breast Pain Breathlessness - Air Hunger Carpal Tunnel Syndrome Chest Pain Chills Cholesterol - Raised Choroiditis Clicking Joints Cold Feet Confusion Conjunctivitis Constipation Costochondritis / Ribcage Pain Cough (Non-Productive) Cramps Deafness / Hearing Loss Dental Pain Depression Diarrhea Difficulty Concentrating Disorientation Diverticulosis / Spastic Colon Dizziness Dyslexia Ear Pains Encephalitis/ Encephalopathy Erythema Migrans Rash Facial Pain Facial Palsy Fasciculations / Muscle Twitches Fatigue Fever Fibromyalgia Floaters Flu-Like Symptoms Fluctuations of Symptoms Foot Pain Forgetfulness Hair Loss Hallucinations Headache Hearing Loss Heart Block Heart Problems - ECG Abnormalities Heartburn Hepatitis Herxheimer Hoarseness Hyper Sensitive Hearing Hyperacusis - Sound sensitivity Inability to Concentrate Inability to Remember Words Insomnia Involuntary Jerking, Limbs and Trunk Iritis Irritable Bowel Jaw pain/ Temporomandibular joint disorder Joint Problems Joint Swelling Knee Joint Pain Libido - Loss Of Light Sensitivity Liver Problems - Raised Enzymes Malar (Facial) Rash Marked Personality Changes Memory Loss Meniere's Disease Meningitis Menstrual Irregularities Miosis - Decreased Pupil Size Mood Swings Motion Sickness Muscle Aches Muscle Spasm Myoclonic (Involuntary) Jerking Nausea Neck Pain Nerve Conduction Defects Nightmares Numbness Optic Neuropathy Palpitations Panic Attacks Paraesthesia / Abnormal Skin Sensations Paranoia Photophobia PMS - Pre-Menstrual Syndrome Psychiatric Problems Ptosis - Drooping Eyelid Rash Retinal vasculitis Reynauld's Syndrome - Cold Hands & Feet Seizure Shivering Shooting Pains Shortness of Breath Shoulder Pain Skin Sensitivity Sleep - Excessive Sleep Apnea Sleep Disturbances Sleep Inability Slurring of Speech Smell Sensitivity Sore Throats Speech - Slurred, Slow Speech Errors Spinal Disc Problems Stiff Joints Stiff Neck Swallowing Difficulty / Dysphagia Sweating (Profuse) Swollen Glands Symptom Flares - Approx 4 Weekly Tachycardia - Fast Heart Beat Tendonitis Testicular Pain Tingling of Extremities Tinnitus / Ringing in Ears TMJ - Jaw Pain / Stiffness Tongue Numbness Tongue Pain Tooth Pains Tremors / Shaking Uveitis Vasculitis - Circulation Problems Vertigo Vibration Sensitivity Visual Disturbances Vomiting Weakness or Paralysis Weight Gain Weight Loss Word Block ``````````````````````` SYMPTOMS CHART http://www.lymepa.org/html/monthly_symptoms_charts.html New legal essay on UNUM/Provident Scandal Posted by: Mary Schweitzer, CFS patient on CFS ADVISORY COMMITTEE Date: Thu Dec 28, 2006 8:01 pm ((PST)) Yale Law School Professor John H. Langbein has written a very insightful essay, "Trust Law as Regulatory Law: The UNUM/Provident Scandal and Judicial Review of Benefit Denials under ERISA." I have a copy that is cited as being in the Yale Law School John M. Olin Center for Studies in Law, Economics, and Public Policy, Research Paper No. 329 and Yale Law School Public Law and Legal Theory Research Paper No. 118. I am informed that this will be published sometime next year in the Northwestern University Law Review, but I could have that detail wrong. SOMATIC ILLNESSES INCLUDING CHRONIC LYME .... SSDI PURPOSES 4-07 posted by RNJulia http://www.scienceevidence.com/2007/02/articles/science-
news/somatic-illness-in-the-spotlight/ The essay is available here: <http://www.cfids-me.org/disinissues/discandal.pdf> Langbein gives a new set of arguments to use when dealing with BENEFIT DENIALS. Anyone with a current case AGAINST an insurance company will find this useful; anyone who has had difficulties with their private disability will find it very insightful. From DISINISSUES comments 9-18-06: I recommend that you to talk to JAN (Job Accomodation Network)* if you are returning to work. They are very helpful at working with you and your employer to help make accommodations that will allow you to remain in the work place. Even if accommodations can be made, keep detailed records of what you can and can't do, so that if you become unable to work even with the accommodations you will have a well-documented case. Here are some links: http://www.jan. wvu.edu/portals/ individuals. htm http://www.jan. wvu.edu/media/ atoz.htm http://www.jan. wvu.edu/media/ Fibro.html *from their website: The Job Accommodation Network (JAN) is a FREE CONSULTING SERVICE that provides information about job accommodations, the Americans with Disabilities Act (ADA), and the employability of people with disabilities. DISINISSUES Moderator's Note: The list of accommodations for fibromyalgia is itself an indication of why someone with this ailment might not be able to work! How many employers can realistically meet those needs? SS’s TICKET TO WORK PROGRAM while on DISABILITY! http://www.ssa.gov/work/Ticket/ticket.html --------------------------------------------- DETERMINING DLI, DATE LAST INSURED when self-employed for SSDI purposes, 10-10-06 by disinissues member You have to have 20 quarters of work credit within the last 10 years (40 quarters), so the point when you reach five years since your last quarter is likely to be your Date Last Insured. Social Security can tell you when your DLI will be, or was. As a self-employed individual, I paid my Social Security tax via my IRS filing each year. When I had to stop working, I qualified for "own occupation" disability insurance, but not for SSDI. I did not earn any more work credits, since I was not working. A number of years later, I had a different disorder and I filed a Social Security claim before my "20 quarters out of the last 40" expired. If you are past your date (that is, your coverage has already ended per the "quarters" calculation), you may still be able to file. You'll need to show that you were disabled within the period of time that you still had coverage. You'll need to have your doctors establish that you had limitations that they felt were disabling at a time PRIOR to your DLI. Your drop in earnings may help establish disability, especially if you had any colleagues or a supervisor - or even friends or neighbors - who can write statements about how your abilities changed at a certain point. A lawyer who handles Social Security claims would be able to advise you on what your alleged date of disability should be. Your claim will not be approved or denied because of the date you select. If DDS or the judge agrees with the date, fine. If not, they'll change it. Just try to provide as much evidence as you can that you were disabled prior to your DLI. This is really best discussed with a Social Security lawyer. But if you call Social Security, you should be able to get the information as to the last date you are covered. -- YOU should know your DLI BEFORE any consultation with a lawyer. If you need to establish disability as of a certain date in the past, s/he should write your doctors to explain that, as mine did. Resources for getting Disability, Insurance, dealing with HMOs From MINOUCAT .... outstanding advice here! http://flash.lymenet.org/ubb/ultimatebb.php?ubb=get_topic;
f=3;t=013935 GOOD LAWYER’S LIST FOR SSDI, LTD, WC Bettyg started 1-07 http://flash.lymenet.org/scripts/ultimatebb.cgi?
ubb=get_topic&f=3&t=016613#000004 SUBMITTING REQUEST FOR REVIEWING YOUR RECORDS IN DDS in “LOCAL” SS OFFICE AFTER BEING DENIED! By Connie Mc At what point in my claim is it possible to request a copy of my record? Generally, you cannot request to see your file while it is in process at DDS. But if your claim is denied, before filing your appeal, you can request to review your file. It depends on the procedures at your local SSA office, but, in my area, SSA has gone paperless and files can be sent to you on a CD. I am a Social Security advocate and I have no idea if they will do this for a claimant or not, but will not hurt to ask. If not, the alternative is to arrange an appointment to visit your local SSA office to review your file before you file an appeal. If you want copies of things, you may need to take your own copy paper, so be sure to ask in advance. SSDI, SSI, LTD procedures: Here is what I post for all on SSDI/SSI/LTD... I tried the link of the female MD “template”; you are right; it's no longer good! 2 alternatives: use what I provide below as guidance since you have LYME disease and not filing for chronic fatigue. OR go to the bad web site, click on REFRESH, and go to that site! Ask Mary, web owner, the question since she posted this on disinissues; SHE started that site! It was her close friend who okd to post her info for others. Betty Gordon TRYING TO GET SSDI, SS DISABILITY INSURANCE BENEFITS OR LTD: Hi! I know what you mean about memory & typing, etc....it's the pits! I do suggest you join the FREE DISINISSUES and read thoroughly or just print it all off of the FEMALE MD with chronic fatigue, etc. she gives wonderful, detailed examples that DDS, disability reps, want to approve/deny you. Also have you looked thru the ADULT APPROVED LIST OF IMPAIRMENTS? That's critical also! http://www.ssa.gov/disability/professionals/bluebook/1.00-
Musculoskeletal-Adult.htm note 1.04; look at the rest of the 14 other specific areas too.... I printed off 1-14 sections showing what brief guidelines were for each section. I used that against ALL my medical records, 3" thick!! Then I went to their DETAILED specifics for the sections that applied to my illnesses! TIMECONSUMING....TOOK ALL 7 WEEKS from my notice of my ALJ hearing date! So you have NOT submitted your INITIAL APP TO SS OFFICE, correct? Good, you want this to be as complete as possible so they can NOT turn you down on the 1st step as they do us all!! ============================================= What I did with an online friend was this: prepared a chart noting the specific section of 1 - 14 that my diagnosed illnesses showed the wording, dr. seen & date. Example, 14.09 LYME disease is mentioned in but doesn't give any examples. So I showed 14.09 with my drs. name & date plus specific details about each visit where lyme symptoms were stated.. I hope you have a copy of ALL MEDICAL REPORTS...drs., xrays, all blood labs, etc. It's critical that you KEEP A COPY FOR YOURSELF! ======================================== On mine, I showed the date mailed to ALJ & LAWYER PLUS I kept a copy. Then I went to copy center nearby & copied and mailed promptly to lawyer per his request. WHY THIS IS IMPORTANT: if you have an ALJ hearing, request thru your local SS office to REVIEW your complete SSDI app at THEIR local office! When you see things you submitted with your writing on, don't look at them! HIPPA LAWS: Under the new HIPPA guidelines you have the legal right to request that MISTAKES in the records be CORRECTED. Docs don't like to do this. Hubby did have this done at least once. It would probably be a bigger hassle and harder to get the corrections done if an ER or hospital was involved. Bea Seibert ------ Look & read only the secretative “RFC & MFC” done by the the in-staff DDS DRS & PSYCHOLOGISTS! You want to make copies of ALL the stuff they have & other stuff you don't have so you can use that info against them! NOTE: I'D DO THIS DIFFERENTLY NOW! SEND 1 COPY TO ALJ and 1 to your lawyer! Lawyer did NOT SEND MY REPORTS TO DDS STAFF PROMPTLY; they didn't see many things when they denied me although I had good medical info! Examples, 2 RFC, residual function capacity done by PCP dr. of 26 yrs. & rheumatologist; plus 2 MFC, mental function capacity, done by psychiatrist & psychologist....the 1st person was the one judge used in APPROVING my 2nd claim for severe depression/effective disorder & anxiety. ALJ's don't like working with LYME, FIBRO, CHRONIC FATIGUE. MENTAL is on approved list of adult approved impairment list! So don't fight it, go with it! INTERSTITIAL CYSTITIS , IC, getting SSDI for this illness/letter needed! http://disabilitydoc.squarespace.com/interstitial-cystitis/ “DIRE NEEDS FINANCIAL LETTER” My Social Security claim just got approved! YEAH! I was waiting for a hearing. I called the hearing office and learned there were 5000 others before my case, all waiting for hearings. Someone in the hearing office told me I could mail or fax a letter stating that I am in dire straits and explaining my situation. I was told the letter was sent to a judge's desk. Within the month, I got notification of approval! ============================================ This message is sent upon subscription, and again monthly. There are links to helpful websites found by clicking on 'Links' on the Disinissues website or by going directly to http://groups.yahoo.com/group/Disinissues/links There are many more links, as well as advice and "useful" messages in the Files area of the website. Go to http://groups.yahoo.com/group/Disinissues and click on Files. The website provides compilations of several areas of interest which are commonly requested and mentioned. They reflect the collected wisdom of this group. Check them out - you just might find the information you were looking for! Take a look at Files that are not specific to your situation, because they might be helpful anyway - what works for Social Security may work for LTD claims, what applies to CFS, chronic fatigue syndrome, may apply to your medical condition. The Welcome Message and Group Guidelines are in the Files section, if you need a refresher on how this group works. You must register with Yahoo to use the website, but note: Be careful not to permit your address to be put into the directory when you register. Put as little as possible into your public profile. You do not need a Yahoo address to use the website. Your email address is what Yahoo calls your "alternate address." Please let the moderators know if any links have changed. Contact the moderators at Disin-Admin@yahoogroups.com or for AOL subscribers: Click here <mailto isin-Admin@yahoogroups.com> BETTY NOTE: Look at the female MD’’s DETAILED BACKGROUND right below this paragraph. Print off her detailed responses as to why she could NOT do her job, and then apply that to YOUR own job as to why you no longer can do any type of sustainable work now nor in the foreseeable future! LINK 10-21-06 is now working again?! http://www.cfids-me.org/socsec.html ************************************* An online friend of mine from disinissues web site posted this info today, so I have copied it over here. Subject: fibro/CFS disability info [Disinissues] what does an Functional Capacity Exam entail? Lyme, fibro, & CFS support group members who are/will be filing for SS Disability insurance benefits, please go to the web page shown below. There were 9 pages of info I printed below area where you can order from fibro network a 70 page packet. I too plan on including this info when I send my FINAL packet of info to chief ALJ before my June 16, 2005 hearing...my last chance! ======================================= Please read the site mentioned on: WHY DISABILITY TESTING FOR FMS IS OFTEN MISLEADING ADVICE FOR FM/CFS PATIENTS AND THEIR DISABILITY TEAM..... Also after this article are the following articles: WHAT COULD BE CAUSING DELAYED-PHASE FLARES? BENNETT'S METHOD FOR ASSESSING FUNCTION IN FMS.. TECTONIC CHANGES IN DISABILITY LAW by lawyer Joshua Potter, CALIF. MEDICALLY DETERMINABLE IMPAIRMENT REQUIREMENTS FOR CFS & FMS DOCUMENTIONATION...VIEW IT AS AN INSURANCE POLICY I printed this out in larger print for my eyes....9 pages! Will read it thoroughly and mark up 2nd copy to go to ALJudge for my 2nd hearing as medical evidence also.... ********************************* Distinct Pattern of Cognitive Impairment Noted in Study of Lyme Patients written by Marian Rissenberg PhD & Susan Chambers MD, The Lyme Times, Vol. 20, Jan-Mar 1998, pp. 29-32 http://flash.lymenet.org/scripts/ultimatebb.cgi?
ubb=get_topic&f=1&t=040118#000023 ******************************************** PQ recommends http://www.hmohardball.org, as well. ******************* NEXT WILL BE ALL INFO FROM CONNIE MC, ssdi rep filing claims! 8-2006 from Connie Mc, lymenet.org I wrote the following for my LLMD: Guidelines for Use in Writing Letters/Reports in Support of Social Security Benefits for Patients With Tick-borne Diseases By: Connie MS, CRC, CVE, CCM, from www.lymenet.org Disability Advocate General principles of focus to consider when preparing this report: 1. The report/letter must have a longitudinal perspective that allows Disability Determination Services (DDS) to see the frequency, duration, and recurrence of major symptoms of tick-borne diseases. Medical records will generally show this, but a letter needs to state the general course of disability thus far, as well as the projected length of the disabling condition. 2. The report/letter must include descriptions of all treatment regimens and responses to therapy must be given; example: oral antibiotics, and general response. Did this result in limited improvement, which necessitated the initiation of intravenous therapy? 3. The report/letter must include any significant restrictions the patient has experienced in his/her normal activities since the onset of the diseases. Here, we are asking the physician to describe changes in lifestyle, such as: household, personal care, and social activities, as may be determined through history. Also, the physician can report any observed limitations; such as, walking, climbing, etc. as the patient functions in the exam room. A “Incapacity Checklist” can be helpful, and the physician can have the patient complete this for reference before the support letter is written. (A copy is at the end of this document). The patient needs to provide specific examples of limitations in function, which the doctor can document in the letter. The advocate can then obtain supporting statements from others (friends, family) to confirm what the patient has reported to the doctor. 4. The report/letter must report on any objective testing which has been done to determine the appropriate diagnosis. For example, any positive lab studies, and other supporting evidence such as positive SPECT scan results, positive findings of joint inflammation on x-rays, etc. Any testing which supports the presence of illness is acceptable. Includes the clinical examination, not just lab studies. Once the above is established, the physician must then identify and describe the most significant and disabling symptoms frequently associated with TBD, tick-borne disease. For example: 1. Fatigue - the existence of chronic and/or recurrent debilitating tiredness, which is demonstrated by an inability to perform basic minimal tasks of daily living (ADLs). 2. Neuropsychological - the existence of forgetfulness and distractability, inability to concentrate, memory impairments, confusion, difficulty thinking, photophobia 3. Neurological - numbness and tingling, sensory impairment. 4. Pain - recurrent and chronic pain which significantly impedes the performance of ADLs and unrelieved by prescribed treatment. Location of such pain and any objective findings utilized to diagnose the origin of such pain. This includes: chronic headaches and myalgia. 5. Sleep disorder - Any disruption of normal sleep patterns that is recurrent and does not respond to treatment. 6. Depression – Is depression primary or secondary? Is it related to the patient’s reaction to the daily physical symptoms? Are there other psychiatric symptoms present which are apparent to the physician? 7. Cardiac - heart block, hypertension, and other cardiac complications. Sample Letter Re: DOB: Please be advised that I have provided medical care for Ms. Blank since 5/7/2003. Ms. Blank carries a diagnosis of persistent Lyme Disease made on the basis of a number of clinical features, including: marked fatigue, chronic relapsing pain, CNS irritability, nonrestorative sleep and severe cognitive dysfunction. This patient is disabled by incapacitating fatigue and myalgias aggravated by repetitive or sustained physical activities. Her symptoms are consistent with her disease, which has been confirmed by positive IgM Western Blot in May of 2003. There is also evidence on examination of persistent disorganization of motor function as evidenced by peripheral nerve dysfunction. She frequently becomes confused during discussion of treatment recommendations, and must rely on others to insure she has information she needs to proceed with recommended treatment. Ms. Blank has had marked impairment of her daily activities and finds it difficult to get out of bed on most days. She routinely requires assistance with showering and dressing. She uses a cane for ambulation. She cannot stand for more than 5 minutes to prepare meals, and must obtain assistance from others. She cannot lift or carry dishes or a gallon of milk. She cannot vacuum or mop or garden. She is unable to do laundry. She has difficulty managing her medication and must receive assistance from others to make sure she takes the recommended medications at the recommended times. She has difficulty getting in and out of a car and is unable to drive due to cognitive dysfunction. Ms. Blank has been treated vigorously with oral antibiotics as well as supplements and other supportive care. There has been limited improvement thus far, and therapy with intravenous antibiotics is recommended for the near future. By reason of the unpredictability of the frequency of her multiple physical symptoms, Ms. Blank has been totally and permanently disabled from engaging in, and more importantly, in sustaining any gainful employment activity, even light part-time sedentary work at home. Ms. Blank’s status has been consistent since I first began seeing her in May of 2003. It is my opinion that she is likely to remain disabled for the foreseeable future, but, in any event, for not less than 12 consecutive months. Prognosis remains guarded and uncertain. Sincerely, Name: ____________________________Date: _________ Incapacity Checklist How does your condition affect: 1. Your daily activities 2. Your ability to stand, sit or walk for a long period 3. Your ability to lift or carry weight 4. Your ability to understand, carry out, and remember instructions 5. Your ability to respond appropriately to your supervisor and coworkers 6. Other physical or psychological functional restrictions 7. Your ability to adjust to the stress of a work environment Anyone who wants to provide this to their LLMD for use is more than welcome to do this. I have used this same format many times and DDS and ALJs seem to be receptive to it. It includes all the information SSA is looking for to help them allow claims. Connie [ 14. August 2006, 12:00] FINDING A NON-ATTORNEY CLAIMS REP by Connie Mc 2-07 Moderator, sarah shapiro, asked a member of this group who is a claims advocate for advice on finding one. Here are two sources: National Association of Disability Advocates www.nadr.org On the left side of the page click on "find a representative" Listings are by state. Disability Advocates of America www.disability-advocate.com Click on the "our advocates" link, then the state. These links will be available on the website in the Files section. 60 questions you'll be asked at your INCAPACITY MEDICAL 27.11.06 from England! I understand this is good; have NOT READ IT! http://www.benefitsandwork.co.uk/benefits/unspun/
71_incap_questions.htm PQ recommends http://www.hmohardball.org, as well. SS denies 1st step; do I need a lawyer for reconsideration step? One advantage in having a lawyer is that you are NOT demonstrating an ability to work in presenting your case! If you can put together a great claim file, then you may be able to work. Here are some things you can do for the reconsideration step: If you did not have a doctor's narrative description of your disability, get that type of letter for the recon and ask your doctor to make it clear that your symptoms are consistent with your injury and those symptoms prevent you from being able to work. If your cognitive problems resulted from the injury, that should be explained, since apparently it is not obvious from the type of injury. If there is information about your type of injury from a reputable source, such as NIH, submit it with your other materials. If DDS did not request a Residual Functional Capacity evaluation, ask your doctor to complete one now. He should do it in collaboration with you, since he cannot possibly know the answers. If you have a physical therapist, ask for a written assessment of your functions and an explanation of what the factors are that make your injury disabling - that is, why a few months of PT couldn't make it possible for you to return to work. The physical therapist should advise your doctor, in writing, on why you cannot sit, stand, bend, reach, etc enough to be able to work, not only so the doctor can intelligently complete the RFC, but can submit the PT's letter as part of your medical record. If you are enrolled with your state voc rehab department, ask for a vocational evaluation. Vocational testing, too, may be useful in ruling out various types of jobs. If you do this through your state, it should not cost anything Ask about enrolling now if you are not already, to see if you can get testing done within the next month. It can be done privately, too - you'd have to pay for it, but it might be worth it. Look up the description of your recent job and other jobs you've had in O*Net (link is in Links). Print it out and refute point by point your ability to do your old jobs, or any others that require similar skills, such as sitting for prolonged periods, concentrating, remembering, whatever functions you can no longer do but are listed as needed skills for those jobs. Few cases are approved on reconsideration, but not none, so do everything you can to improve your claim at this stage. It will be useful at the ALJ stage, too, so it will not be a wasted effort even if your claim is denied again. It will help show the ALJ that DDS failed to arrive at the correct decision if your claim is filled with evidence that you cannot work. If doing these things is too hard for you, then definitely get a lawyer. A non-attorney representative might be more willing to take a case at this stage, without waiting for a second denial. The one single most important thing you must do is to get your 561, Request for Reconsideration, in by the deadline. To give yourself the most possible time to obtain needed documentation of your inability to work, you can wait until near the deadline, but do not fail to send or take it in before it is due. Submit the 561 on time even if you have not yet completed the SSA-3441-BK, Disability Report-Appeal. DDS often does recons more quickly than initial decisions, since there is less material to request and wait for, but you will have some time after the 561 goes in to get your new materials in to DDS. The DISINISSUES Files and Links sections have links to the resources you need for improving a claim - preferably at the initial step, but also for the reconsideration and hearing stages. Sarah, moderator 5-07 KEEPING TRACK OF CHILD’S SSDI BENEFITS ... HOW YOU USE THEIR MONEY TO PAY FOR THEIR EXPENSES..from Sarah, DISINISSUES: This May is one year since I started getting Social Security benefits. I also receive dependent's benefits for my son. I have received the form for explanations as to how I been spending his money. They said when I was approved there was a statement that said to keep all the receipts I used the money on for him. I guess I didn't read that part. This letter didn't ask for receipts, but they said that was if they decided to do an audit. I do have legitimate items that I paid. I just want to make sure I fill the form out properly General advice for rep payee reports: You do not need to save receipts, necessarily, but you do need to keep track of expenditures made on the beneficiary's behalf. Most of those are going to be household expenses, such as groceries and utility bills, for which there would be no receipts specifically for your child. If you buy anything in a separate trip, however, you might save the receipt. But if you buy shoes, for instance, among many items in a trip to a store, just note the price of the shoes in a notebook (or an Excel document) that you keep for the purpose. If you pay for anything just for the child, such as team dues, or a movie, even if the whole family went, note the expense for the child. Mainly, these records will simply assist you in completing the form. When you complete the form, you want to show that you have spent most or all of what was sent to you for the beneficiary. The total is shown among the codes on the top right corner. It should be under the initials TAA, which you can think of as Total Amount to Account for. Be sure the amount is right! It usually is, but take a look and see if the amount makes sense. In the boxes for expenses, enter logical numbers. The first is a fair share - 1/2 or 1/3 if there is just one child and parent(s) - of the housing expenses (groceries, utilities, rent or mortgage) as "food and shelter." The numbers must add up to the total, so you can simply subtract food and shelter from the total for the other expenses line! If you have a separate bank account for the beneficiary, then enter the savings added this year if you deposited any, but, really, these benefits are meant to support your dependent, so most of it should be spent each year. If you want to save money for your child, that's wonderful, but don't do it with these funds. Don't make it seem as if Social Security needn't bother paying dependent benefits! Sarah - I was rep payee for hundreds of patients at a time, thousands over the years. I did stacks of those reports every month. As long as the numbers make sense and add up, that's fine. Don't sweat the pennies, or even the dollars. An overall picture of appropriate spending is all they need to confirm things are ok. Note from Betty: this came from moderator of DISINISSUES/disability web site, but it can apply to other things than disability/lawyers, etc. Check it out, I did, and I found 1 item out there on this acct. ********** Admin Note: monitor your own email address Posted by: "Sarah Shapiro" insuranceissues Date: Tue Nov 28, 2006 12:40 am ((PST)) The question about computer use serves as a reminder to check your own email addresses in Google occasionally. Enter your addresses up to the .com or .net or .whatever - just the user id and provider, without the last .com or .net portion of the address. (Otherwise google thinks it is an odd URL.) If anything personal or revealing comes up, other than your Yahoo profile for Yahoo addresses (which should be mostly blank), don't use that address in anything pertaining to your LTD claim. Use another address to send email to your lawyer and a different address to send messages to groups with PUBLIC archives. Your ISP may permit several alternate email addresses at no charge, and Yahoo, of course, offers them for free. Disinissues has closed archives and closed membership lists, but someone might put your address out in public by copying a message, so search for yourself every now and then to make sure your email address is not a source of information about yourself that you don't want others to see. Sarah Shapiro Disinissues Admin Team disin-admin@yahoogroups.com |
"MD junction is a place for us to share our experiences both good and bad it is a safe haven from the ignorant and the doubters a place to vent ask advice or just get away from it all.
