November 27, 2004
Topic: Dealing with Social Security Disability This months meeting was held on November 27, 2004, and the topic was Dealing with Social Security. The severity of symtoms experienced with fibromyalgia cover a large range. Unfortunately at the upper end, these symptons can lead to partial or perminant disability. This month, Robin O'Reilly joined us to inform us on the application process for Social Security disabilty.
The Official Stuff First some primary sources. The Social Security Agency should be the first place to look for information on the web. When looking at other pages, make sure to note the date -- many are very outdated and may not contain accurate information.
Start off with Pub 05-10029 for an overview of SSI disability benefits, but there are also valuble resources on the Electronic Publications page, including the Pub. 05-10141 on the appeals process. If you are just starting the process the Disability Starter Kit may be useful. The last link is for the "Blue Book" which describes the evaluation process. It is written for physicians but the introduction (which can be downloaded separately) is probably worth a read. Social Securitry Benefit Publications Pub. 05-10029 "Disabilty Benefits" Pub. 05-10141 "The Appeals Process" Disability Started Kit - information to get you started Disability Evaluation Under Social Security (Blue Book) Here is some general information from the Blue Book introduction: Program Description --- The Social Security Administration (SSA) administers two programs that provide benefits based on disability: the Social Security disability insurance program (title II of the Social Security Act (the Act)) and the supplemental security income (SSI) program (title XVI of the Act). Title II provides for payment of disability benefits to individuals who are "insured" under the Act by virtue of their contributions to the Social Security trust fund through the Social Security tax on their earnings, as well as to certain disabled dependents of insured individuals. Title XVI provides for SSI payments to individuals (including children under age 18) who are disabled and have limited income and resources. The Act and SSA's implementing regulations prescribe rules for deciding if an individual is "disabled." SSA's criteria for deciding if someone is disabled are not necessarily the same as the criteria applied in other Government and private disability programs.
Definition of Disability --- For all individuals applying for disability benefits under title II, and for adults applying under title XVI, the definition of disability is the same. The law defines disability as the inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment(s) which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months.
What is a "Medically Determinable Impairment"? --- A medically determinable physical or mental impairment is an impairment that results from anatomical, physiological, or psychological abnormalities which can be shown by medically acceptable clinical and laboratory diagnostic techniques. A physical or mental impairment must be established by medical evidence consisting of signs, symptoms, and laboratory findings-not only by the individual's statement of symptoms.
An important step toward getting benefits came from Social Security Ruling 99-2p (referred to as SSR-99-2p). It states that CFS and FMS "are medically determinable conditions", which is one of the criteria specified above. Specifics and a more complete explaination on this ruling can be found at: Social Security Update: Ruling 99-2P
Now the Advice
The Arthritis Foundation has several very helpful articles on social security disability. First is a general article better explaining the qualifications for SSDIB. The next are a series of articles by Janie Laubscher to help lead you through the process. Social Security Disability Insurance - Do you Qualify?
Appling for Social Security Disability Benefits - A Self-Help Guide
by Janie Laubscher Janie Laubscher was directly involved in the Social Security disability claims process throughout her 25-year career with the Social Security Administration. As a Claims Representative, she helped applicants complete their applications for SSDI benefits, and as a manager, she oversaw the entire disability process in her offices. She also worked as a disability determination specialist for the agency in her state that makes disability decisions for Social Security. In that position, she made the disability decision on initial SSDI claims. More recently, after her retirement, she was a successful applicant for her own SSDI benefits. Part 1. First Things First Part 2. Build Your Case Part 3. Get Organized Part 4. Begin The Application Process Part 5. Seize Your Opportunity to Present Your Case Too many hear horror stories of the application and appeals process. SSA encourages you with their flow chart of the process - its a blur of small print, lines and boxes that goes out to 1,760 days. (I didn't post the link it is too depressing!) But some do make it through the process with relative efficiency. When we applied, I did not use an attorney and it was granted the first time. I here this is very unusual, but I hope this gives some hope.
But the question does arise, "Do I need an attorney?" There are many attoneys on the web that say you do. (surprise!) Below are some helpful articles posted on immunesupport.com by Scott Davis a social security and long-term disability attorney. Here's the blog: Can Someone Please Tell Me How Social Security Defines "Disability?" Obtaining Social Security Disability:Do I Qualify For Disability Benefits? Obtaining Social Security Disability: Two Compelling Reasons To File Your Claim Obtaining Social Security Disability: How to Begin the Process Obtaining Disability Benefits - David versus Goliath? Chronic Fatigue Syndrome and Fibromyalgia Patients: Should You File a Disability Claim? SSDI: When Should You Hire an Attorney? Do You Need A Disability Attorney? Important Points to Consider Your Social Security Disability Case: Do You Need an Attorney to Win? Completing Disability Forms: Five Critical Tips to Keep in Mind for Chronic Fatigue Syndrome and Fibromyalgia Patients Disability Claim Killers - What you don't know could be fatal to your Fibromyalgia and Chronic Fatigue Syndrome (CFS) claim! Winning Your Social Security Disability Claim: 15 Mistakes You Can Not Afford to Make! Winning Your Disability Case in Three Words: Frequency, Severity and Duration Persevere on Disability Claims Winning Your Disability Case with the Help of Co-Workers, Family Members and Friends [Affadavits are Important] Why it is Important to Address Psychological Issues in your Chronic Pain Disability Case Tips From an Attorney: Win Your Disability Case by Obtaining Your Personnel File From Work Obtaining Disability Benefits: How and When to Talk to Your Doctor How To Talk with your Physician about Supporting your Disability Claim Why Chronic Fatigue Syndrome (CFS) & Fibromyalgia (FM) Sufferers Lose Their SSDI Claims Disability Benefits and Fibromyalgia: Getting Your Ducks Lined Up Obtaining Disability Benefits: Can I Work after I Have Filed A Disability Claim? Obtaining Disability Benefits: Can I Work After I Have Filed a Disability Claim (Part II)?
Another attorney, Joshua Potter, also weighs in:
The Issue of Disability Social Security: The Role of the Physician
OK. I will leave you with one more site. On disabilitysecrets.com general information is given but also a specific article on some watchouts for your SSI application based on fibromyalgia. Take a look:
Disability Secrets.com Social Security Disability and Fybromyalgia |
