Turned down for SSDI ..suggestions

anonymous

New member
Well, I got turned down for SSDI again!!! No suprise! I am going to appeal it but does anyone have any suggestions? Maybe I am not saying the right thing. This time around I did describe in worse case scenario and did point out to them that this is a disease I will die from so that qualifies me in terms of their definition of disability. I just do not get it and I am soooo FRUSTERATED! They reason for denial they said was they think I can go back to my marketing/sales job! Yeah right, they just do not get it and I explained in DETAIL!!! So, I can go on and on venting, but does ANYONE have suggestions on what to say or how to say it. Again, I am appealing the decision.

Thanks!

Jennifer 33yrs old with CF and CFRD
 

anonymous

New member
My suggestion is to get a lawyer or someone to go to bat for you on your behalf.
You won't have to pay them a penny unless you get approved, then it's customary that they get 25% of the "back pay" settlement. Because of this fact, they work hard to get you approved so they get a check as well.
There is a lawyer from Texas (I think) that has CF and I'll bet that she would be glad to help you, as she has helped many other CFs with disability. Her email address is:bsufian@usacfa.org.
 

anonymous

New member
Jennifer, have we talked before about your case? I can't remember, as I have had a lot of conversation with people about this. If not, please email me at division902@hotmail.com because I have some great information to send to you and I just typed up something new in the last few weeks that I could send if we have previously talked.

They turned Mark down 3 times and we finally requested hearing and got a lawyer. The lawyer did help, by getting us a doctor to show up at the hearing, but other than that- I did all the leg work, I typed up all the spread sheets and thanks to Beth Sufian- I was able to look up the SSDI impariment listing for CF (as well as do some of my own research on the digestive issues because nothing is written specifically-digestive wise for CF, although respiratory is). Our lawyer didn't get any of that impairment listing info for us (he knew NOTHING about CF) so if you are going to get a lawyer, go with one that has some sort of experience with CF cases.

You have the right idea, appeal appeal appeal. This is the way that they try to weed people out, figure that they will get busy with something else and drop the case. Furthermore, if you conside it, CFers living to adulthood and older age is very new to society, many people don't even know what CF is. Not that it is an excuse by any means, but you have to consider that peoples lack of knowledge about the disease may be preventing them from rendering and educated decision. I am not sure how the SSA functions in educating their staff, but it can't be all inclusive-that's a lot of people to educate. You have to bombard them with information about the disease and specifics about yourself.

The EASIEST to prove is the lung infections. You have to have at least 1 every 6 months that require nebulized antibiotics (Tobi, Colistin) or IV antibiotics. I jsut kept a excel spreadhseet on Mark (I had to go back and dig up records from the last 1.5 years by the time I foudn the CF impariment listing). His infections for the first year (after we filed for SSDI) were about every 9 months, then they were ever 3-7 months, then every 6-7 months, so even though they weren't every 6 months, they were still frequent enough to be considered. THen on top of that, he has documented digestive issues (a letter from his dietician was submitted just in case), and he did have Bronchitis, although not every 2 months as required by the impairment listing. In order to meet the impariment listing, you have to MEET ONLY 1 of the 3 things listed for CF. He partially met 2 of them (He did not meet the FEV1, it is a really low FEV level) and that, plus some "minor" (I say minor because he has his weight under control and they go by low weight for your height) digestive issues. What SSA doesn't tell you is that you DON'T have to MEET every listing, if you equal a listing (a combination of a few different things) then you can win.

Anyways, if you want some pointers, please do email-I would love to help as I know what a frustrating situation this can be. Can I ask a few specific questions to try and help you?
1. Does your doc prescribe Chest PT? If so, make sure it is documented in your chart notes EVERY visit.
2. If he does Rx chest PT, how long and how many times every day? Again, make sure it, as well as all the things below are documented every day.
3. Do you use a nebulizer?
4. If you do use a neb, what medications do you use?
5. how often do you use them everyday (ie tobi morning and evening, pulmozyme morning...)
6. What pill medications to you take?
7. Do you have trouble sleeping, or you sleep for 8+ hours? If so, I would recommend you have a sleep study done. If it doens't show that you have obstructive sleep apena, it will show how many times during the night you completely woke up as well as how many times in the night you came out of the REM sleep mode. That is very important because the more times you come out of the REM sleep level, the less solid sleep you get (the person evaluating your sleep study should be sure to note this, ours did when we explained part of our reasoning for the sleep study) and it helps to "explain/show" why you are so exhausted during the day.
8. Do you find yourself very sleepy during the day? If so, do you nap and for how long and how many times a day?

I recommend that you make a schedule of when you wake up, when you go to bed and everything else inbetween. Every little tiny thing-even if you think it is unimportant.

Hope this helps, and feel free to email me if you have questions. I know how frustrating this can be because even though it was Mark who applied for SSDI, I did the spreadsheets and stuff to keep track (for some strange reason I love this kind of stuff).

Julie (wife to Mark 24 w/CF)
 

JazzysMom

New member
When I went on SSDI, I originally was turned down. I think its protical for them so the ones not willing to fight for it will just go away. I hired a local disability attorney who basically wanted me to be "crippled". His case was being based on like a back injury case which wasnt realistic. My doctor did not feel comfortable with that approach at all especially since Social Security has guidelines for CF. She was very worried that his approach tho it would work initially, later it would cause a problem. She referred me to Beth Sufian, an attorney in Texas who has CF & practices with the rights of CF patients & disability. My case got approved more so on the fact that there wasnt enough "time" in a day to allow me to work (even part time) & care for myself by napping & doing 3 treatments a day. That is not counting when I was actually sick. My health status at the time was fairly good & the only guideline I fell under on the required time frame was using the Tobi. My hemoptysis was under control & my PFT would always improve if they were in the dumps. The phrase that Social Security uses regarding the problem in question resulting in death doesnt really apply to CF as a whole because of the strides made in extending the lifespan. That is why it has to be done on an individual basis.
 

anonymous

New member
Thank you all for the suggestions. I am going to contact Beth Sufian. I am familiar with her because there used to be a newsletter out called Round Table and she wrote a column in it.

What I am confused about is I did document and tell them all about my infections, how often, on Tobi and 2 other inhaled meds, sleeping during the day, bronchitis, coughing up blood etc. All the stuff that you all suggest I did go into detail, so I just do not get it! As you can tell I am frusterated, and I am sorry<img src="i/expressions/face-icon-small-smile.gif" border="0"> But, I did tell them all about my frequent lung infections, hospitalizations, blood, on Tobi and other inhaled meds and now I even have Dibetetes. So there is just no time in the day especially when I am doing nebs 3-4 times a day and checking blood and eating and napping,, ahhhhh! And I did mention my lack of sleep at night too cause of coughing etc. What I do not get is they send you this pamphlet telling you what the definition according to them is of a disability and it says if you will die from your condition that is a disability. I would think that pretty much sums it up, but I guess not.

Any more suggestions would be great! I do not think I will do the sleep monitoring. Actually all the documenting seems overwhelming, but I guess it is suppose to be hard to get SSDI or everyone would be sending in apps for it.

Thanks again for all the suggestions and I really appreciate you all taking the time to listen and offer help!

Jennifer 33yrs old with CF and CFRD
 

anonymous

New member
jennifer, I really would love to send you some stuff if you are willing to email me. It really helped our case, you have to make it extremely cut and dry for them to see how CF affects you. Also, if your reference the CF impairment listings-they can't deny you if you spell out what they are-verbatem and then show how your CF affects you in relation to the impariment listings.

Email me if you like, I would post the stuff on this site but it is word doc. and excel sheets so I have to send it as an email attachment.

Julie
 

JazzysMom

New member
Contacting Beth Sufian is your best bet. As I was telling about my original disability lawyer, he wasnt even aware of the guidelines for CF under Social Security.
 

anonymous

New member
HI All! I did email Beth and she emailed me right back! I was so impressed and excited. I am going to see if she can help!! Also, Julie, I will email you to get the word docs, I think all the ammunition is the best bet! Thank you all for your replies and concerns! I Just love this site!


Jennifer 33yrs old with Cf and CFRD
 

S

New member
I feel very fortunate that I was accepted without question. I just filled out all the paperwork, sent it in, and was approved within a couple weeks. I think the biggest factor was the credits for hospital stays. I'm in 3-4 times a year and each overnight stay counts for a couple credits, I believe, and once you hit a certain number you are all set. At least that's what I recall.
 

JazzysMom

New member
I believe hospilizations help in a case. Even tho I was finally approved, I am up for review (my case calls for a review every 5 years to see if there is improvement?!). Fortunately/unfortunately I have averaged hospital stays every 18 months or so except twice this year. Although its not always a good sign health wise. It sure looks great on paper for disability purposes. Isnt it a shame?!!!!!!!!!!!!
 

anonymous

New member
Just worth noting, Myhusband won his case (after appeals though) with NO hospital visits since he was a child, and they didnt' ask for records that far back. it is possible to do, without any hospitilizations, but it does help.

Julie
 

anonymous

New member
On a side note, the Roundtable magazine is still up & running. I wonder if you inadvertently let your subscription expire or you moved & the post office doesn't forward it?
The email address given for Beth (above) is actually her address at the Roundtable magazine if I'm not mistaken.
 

anonymous

New member
Hi my name is Rita and my son has cf he will be 18 in July and we just applied for ssdi readying these sugg. really helped thank you.
 

anonymous

New member
Hi Everyone..my name is haley and i'm almost 19...i'm not ready to apply for SSDI right now, but I'd like to know what I'm in for and to begin documentation for when i finally do apply (or maybe <i>if</i> i ever need to apply)


anyways, this is for Julie...could you please send me the info you have and possibly those spreadsheets...i honestly don't know where to start, my e-mail is haley10222@hotmail.com

thanks
 

anonymous

New member
Rita, let me know if you want the stuff I have-it's word documents and an excel spreadsheet so I have to send it via email. Feel free to email me at division902@hotmail.com.


Julie (wife to Mark 24 w/CF)
 

anonymous

New member
Haley, I tried to send you an email but it came back undeliverable, is it haley10222@hotmail.com???

Julie (wife to Mark 24 w/CF)
 

anonymous

New member
Hi Julie,

Could you please send the info to me also as i applied for SSD and just in case i may have to appeal.
My email address is donncha24@yahoo.com

thanks so much!

Denise
 

anonymous

New member
Julie, I just wanted to express my appreciation for all of the information you are always so willing to provide here on this forum. The SSDI issue doesn't apply to me personally, but it is so nice knowing that there is such great information out there, and that someone is willing to take their time to provide it for others. Probably not the best place to do it, but I just wanted to say thanks for everything you do here!

-- Jenica
 
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