Jump to content

Claiming disability


Recommended Posts

Recently I had a friend tell me I should consider filing for disability. I am torn by this. On the one hand, it would help us out financially and it would give me less stress. On the other hand, am I really disabled?

I have had my POTS diagnosed now for about 1 1/2 years. My symptoms are better then they were when they started 3 years ago. And I have learned to cope ok. But I feel like if I apply I am giving in and it bothers me. I do have bad days. But I also have good days. 

Apparently my friend has noticed (and was confirmed by another friend) that I do a lot of things that are considered disabling. I stop after about 10 yards of walking, I stay near things so I can grab if needed, I get winded just by talking sometimes, I fidget unless I am laying down.... That sort of thing. 

I currently work (I make about $800 gross a month). My boss is one in a million. It is a small business (4 employees) and I can literally call him when I wake up saying I won't be in. I also have no set schedule to work. Or I can do a little work from home if I need to. And I can leave and go home if I don't feel good. I don't deal with the general public so I think that helps too. 

After my friend suggested disability I began to wonder if I could actually hold a traditional job. Honestly I don't think I could. And with bare bones education (GED) I don't imagine there is much out there for me. 

Has anyone applied for disability or even decided not to, and what we're the reasons for both arguments. I really am torn by this and I am looking for opinions and experiences. Having knowledge is power. Thanks in advance. 

Link to comment
Share on other sites

Disability is so tricky and screwed up in this country. Some SSDI judges will not award disability to workers who are only working part time. This is ridiculous, because the reason you're working part time is because you're disabled. Also, you have to have worked at for at least five out of the last ten years. You need to have 20 current social security credits. You can go online to the SSA website, create an account, and check to see if you qualify for regular SSDI. If not, you can still qualify for SSI, but since you're married and your husband makes good money, you will more than likely be above the income threshold to file. Once you can file, it is just a bunch of hurdles to go through, but it mostly boils down to what SSDI judge you get at your hearing. Some judges give disability away like it is candy, while others only give it away to older people with long work histories who have only the most severe medical issues. Some judges will lie, some will say they don't accept the opinion of your doc's etc. The first step for you would be to look up the SSDI blue book of medical impairments and see what your current symptoms fit into. Since there is not just one listing for all of the symptoms that we suffer from. You have to win your case by proving a severe condition, that the condition is expected to last at least a year or more, or will end in death. The SSA uses a very complex five step system to determine if you are disabled. This system favors older workers. In order for SSA to determine that you are completely disabled, you have to prove that you can no longer do any forms of work. That includes sit down jobs. They use a process called the GRID rules to determine this. If you are lets say 55 year old, and have been a construction worker all of you life, and lets say the SSA determines that you can no longer perform as a construction worker. Lets say they limit you to an RFC - Residual Functional Capacity of light duty work, you will likely be excluded from past work, but be found to be able to do light work like working a fast food job, or becoming a cashier at a super market. That's because you don't need to transfer your previous work experience in order to find a new form of work. Now lets say the SSA finds that you can only do sedentary work. You are at an age when you are considered too old to retrain, and your previous construction work experience cannot be transferred to a sit down job, you will be found fully disabled from all types of work. It's a complex crazy system. I have read a lot about it. You should do some research before jumping in. If you feel that you are disabled, then there is no shame in filing. I might file again if I have to quit my 12 hour a week job. I'm really fighting to stay active. I go to work at least two of my three days feeling like I have full on flu-like symptoms. I mean a regular healthy person would literally be calling in sick and going to bed all day if they felt like I did. I feel like s*** so much, for so long, I can fight through it by pacing myself. But life is absolutely miserable for me on these kind of days, whether I'm working, or sitting at home. Yesterday, today, and it's going to be bat tomorrow, I have flu-like symptoms, headaches, fast HR even with meds, hurting stomach, and pain/soreness in every part of my body. I hate this. It makes me want to put the SSDI judge who basically treated me like a fraudster inside my body for 2 weeks and let him see for himself how bad this feels. Sometimes you just freakin break down and have to file. It doesn't mean you're weak or lazy. It just means you need to stop working in order to focus on your own healing. I hope this helps some. I don't want to scare you with all of the SSA rules. I just want you to go into filing for SSDI armed with knowledge. Hugs.  

Link to comment
Share on other sites

So basically the two ways to become approved for disability are to outright meet one of the blue book listings, or to beat the grid rules, or the third way is called a vocational allowance. A vocational allowance is when you can combine several moderate disabilities or symptoms to make them equal a severe listing. You can look this up here. http://adisabilitylawyer.com/what_is_a_medical_vocational_a/

Or you just meet an outright listing. My condition chronic venous insufficiency is listed in the blue book, but in order for me to meet the listing outright. I have to have swelling and open skin wounds that have not healed/responded to treatment in three months time. It doesn't matter that my leg swells and hurts all day long and limits my standing and makes me sit all day with my leg elevated. I still do not meet a severe condition. It is hard to meet a listing outright which is why most cases are won through a vocational allowance and the GRID rules. Since you are young and still considered to be able to re-learn a new career, it's going to be hard to win disability. They listed me as able to perform light duty work with no transferrable skills from previous job. I can no longer drive trucks but can sit down and be a cashier all day despite there being no cashier jobs with seats. They bring in a state vocational expert to testify on at least three hypothetical job scenarios that you can possibly do with each level of RFC. One for medium duty, one for light duty, and one for sedentary work. They base these jobs off of a job list from the mid seventies. Most jobs don't even exist in the national economy anymore and supposedly the jobs they say you can perform must be located within so many miles of your home location which most are not, but they still use these outdated records to deny legitimate claims. It is a crazy complex system. I hope this helps. I can go on for days lol, but you will have to do some research on your own and possibly hire an attorney, Good Attorney will only take on a case if it has a chance of being approved. Alsup is the best from what I've read. 

Link to comment
Share on other sites

It's the sedentary work and GED that will get you like it did me. They will say sedentary and GED means you are literate enough to retrain for an office job. You have to beat the sedentary job by having a mental illness or so many hospitalizations per year that you would not be able to hold down a job. Also, if you need frequent breaks, or to lay down, this is considered being fully disabled. If you have to miss at least three days a month for medical reasons, you can also win. But your doctor has to keep detailed notes of this and the judge has to accept your doctor as being credible. If the judge says your doctor is not credible, then he can throw out the notes and say you are not disabled. 

Link to comment
Share on other sites

OK, the US health and disability systems are complex, arbitary and plain scary and I know little about them so I'll leave that to others.

But, if you need disability don't be put off by feeling you don't deserve it or you aren't disabled enough. I left it far too long because I didn't want to be 'handicapped', but the thing is what they décide isn't what makes you handicapped - it is what you can no longer do. If you can still do stuff, good. Do it, try and do as much as possible, but don't pretend that because you can still do some stuff you haven't lost the ability to do lots of normal stuff too. I no longer care about the label, it was pretty obvious to everyone that it included me even without my accepting it, 

Link to comment
Share on other sites

1 hour ago, GasconAlex said:

OK, the US health and disability systems are complex, arbitary and plain scary and I know little about them so I'll leave that to others.

But, if you need disability don't be put off by feeling you don't deserve it or you aren't disabled enough. I left it far too long because I didn't want to be 'handicapped', but the thing is what they décide isn't what makes you handicapped - it is what you can no longer do. If you can still do stuff, good. Do it, try and do as much as possible, but don't pretend that because you can still do some stuff you haven't lost the ability to do lots of normal stuff too. I no longer care about the label, it was pretty obvious to everyone that it included me even without my accepting it, 

I totally agree. I too have no understanding of the US system and currently do manage (but really struggle) to work 2 days in a seated job with my legs elevated on a crate underneath my desk. 

When this becomes unsustainable either due to passing out or no longer being able to drive safely, I will be claiming disability benefit. 

I had the same kind of conflicted feelings over buying a wheelchair, but my experience was that it actually made me less disabled not more, as I am able to go places and do things with my family that I wouldn't be able to do otherwise. 

I think the same applies to claiming disability - by making your life easier and giving you opportunities not currently available (for example if you just come home and have to go to bed rather than having the spoons left to spend the evening with your loved ones) that makes you less disabled. Who cares about the label!

Good luck if you do decide to claim.

B x

Link to comment
Share on other sites

@StayAtHomeMom - I am on SSDI due to POTS. I was working fulltime as an RN when I started to pass out. I kept passing out and taking seizures at work for 2 years. Finally they gave me a desk job that required little standing and I still passed out sitting. Then they gave me another job in an office on a computer and I had to use a wheel chair to get around and I still passed out. Finally my doc told me that I need to stop working. I had long term disability trhough my employer and they wanted me to apply for SSDI ( I was hoping at that time that I eventually would get better and could resume my job … ). So I did, was turned down twice and eventually had a hearing with an administrative law judge. He was very nice, asked questions, listened to my story and then awarded me SSDI on the spot. There was a vocational specialist at the hearing who was supposed to determine if I was able to do other work then nursing and she said I was completely unable to work. So now I am on SSDI and medicare. Now - in my case I was the only working adult in the house so it was different than if my husband would have been working. --- It is a real hassle to apply and it will take at least 2 years. You should determine first how much SSDI you have accumulated and would receive and then see if it would make a big difference for you to receive that money. Also - do you receive benefits from your spouse? If so you may not want SSDI because you would have to go on Medicare and that is not cheap either. And if you get SSDI you can no longer be employed at any time without loosing your SSDI. So - there is a lot to consider before applying. --- If you have any questions you are welcome to PM me - I am happy to help!

Link to comment
Share on other sites

I’m on disability for CIDP and POTS. It’s a complicated process. If you’re still working even with modifications, it may count against you. It sounds like though you wouldn’t be able to sustain a regular job. I agree that you need to look at your work credits first to see if you qualify. I would also get an attorney who specializes in SSDI. The SSA Sets rules about the attorneys, so you don’t need to pay anything up front. They only get paid if they win your case and take a percentage of your back pay. Basically when you win, they give you a lump sum of what’s due to you from the time you first became disabled until you win your case, then give you a monthly payment after. The attorney only gets a one time cut of the backpay. They can be really helpful in navigating the complicated system and timelines. 

I would also start collecting medical records and get your doctor to complete a functional capacity evaluation. This basically states what things you’re able to do on the job, how long you can sustain it for, how much sitting, standing lifting you can do and how many breaks you need. My lawyer told me that SSA has to go by the opinion of your doctors over their own, so the more info you can supply them the better. 

Also, Most people get denied the first time and have to appeal and then go onto a hearing with an administrative law judge. In my case I won on appeal so I thankfully didn’t have to go through a hearing. 

If you win, it may bring some relief financially. I know it’s hard to come to terms and to want to keep working, but if it’s a huge struggle to keep doing so, SSDI can help. Also, Not sure what your insurance situation is, but it takes two years to be eligible for Medicare from the time you apply, it’s not automatic. 

You can try doing a search on the forum for SSDI. the topic comes up from time to time so you may be able to read about other’s experiences. Good luck with everything. 

Link to comment
Share on other sites

10 hours ago, StayAtHomeMom said:

am I really disabled?

I have had my POTS diagnosed now for about 1 1/2 years. My symptoms are better then they were when they started 3 years ago. And I have learned to cope ok. But I feel like if I apply I am giving in and it bothers me. I do have bad days. But I also have good days. 

 

This is the whole thing in a nutshell. From what you've written I don't think you are ready to emotionally surrender to being legally labeled disabled. This is a big decision to make as you have to find balance in how you live your life.  I hope you can soon find the right path forwards.

Link to comment
Share on other sites

I did it. I recommend it. I am a college educated woman who had a sit down office job. I filed when I was 36. 

You only have a limited amount of time to file before you have to requalify. I do not recommend trying to get it without an attorney. Many will work for a percentage of your settlement. If you want the name of my attorney, send me a DM. They work in many states and won my case, but it took a while. They have at least one other dysautonomia case.

I had the same feeling before I filed, but I had no other choice financially. I would still prefer to go back to work, but that just doesn't look like it is going to happen.

Link to comment
Share on other sites

My husband and I are low income. We both qualified for Medicaid under the new expanded Medicaid rules that came into effect a few years ago.

I have only worked about 3 or 4 years so I doubt I have enough history to help. I was a stay at home mom for over 10 years. 

The job I currently do is a desk job but the flexibility is not going to exist with any other job. The business I work for is not really stable and there is a chance a year from now it may not exist. That is why my friend is suggesting to think about it. 

Is there anyone I can ask their opinion if I should apply? Like a doctor, or lawyer, or maybe the SS office itself? 

Link to comment
Share on other sites

13 hours ago, blizzard2014 said:

It's the sedentary work and GED that will get you like it did me. They will say sedentary and GED means you are literate enough to retrain for an office job. You have to beat the sedentary job by having a mental illness or so many hospitalizations per year that you would not be able to hold down a job. Also, if you need frequent breaks, or to lay down, this is considered being fully disabled. If you have to miss at least three days a month for medical reasons, you can also win. But your doctor has to keep detailed notes of this and the judge has to accept your doctor as being credible. If the judge says your doctor is not credible, then he can throw out the notes and say you are not disabled. 

I suspect I have ADD and OCD (this one is a new realization) would it help to get these officially diagnosed to help my claim?

Link to comment
Share on other sites

4 hours ago, WinterSown said:

This is the whole thing in a nutshell. From what you've written I don't think you are ready to emotionally surrender to being legally labeled disabled. This is a big decision to make as you have to find balance in how you live your life.  I hope you can soon find the right path forwards.

That is perfect wording: "...ready to emotionally surrender to being legally labeled disabled." This sums it up very well. Thanks. :)

Link to comment
Share on other sites

2 hours ago, KiminOrlando said:

I did it. I recommend it. I am a college educated woman who had a sit down office job. I filed when I was 36. 

You only have a limited amount of time to file before you have to requalify. I do not recommend trying to get it without an attorney. Many will work for a percentage of your settlement. If you want the name of my attorney, send me a DM. They work in many states and won my case, but it took a while. They have at least one other dysautonomia case.

I had the same feeling before I filed, but I had no other choice financially. I would still prefer to go back to work, but that just doesn't look like it is going to happen.

Did you pass out? I don't and I feel like my body is not that bad because of it. 

Link to comment
Share on other sites

Yes, I do pass out. I think my attorney does a free initial consultation. They evaluate your case and if they don't think you have one, they tell you. 

If you CAN work, it isn't making you worse and you aren't losing eligibility, then it makes sense to keep working. I wasn't in that boat. My ship was sinking fast and I was desperate for a life preserver. 

Link to comment
Share on other sites

I agree with @KiminOrlando - in my case it was clear to everyone but me that I cannot work - not even a part-time sedentary job ( I tried and failed ). It makes sense to ask one of those disability firms for a free evaluation of your case before officially applying. 

Link to comment
Share on other sites

22 minutes ago, Pistol said:

I agree with @KiminOrlando - in my case it was clear to everyone but me that I cannot work - not even a part-time sedentary job ( I tried and failed ). It makes sense to ask one of those disability firms for a free evaluation of your case before officially applying. 

I think that may be my best bet then. I think if I could have an objective outsider tell me yes, you need to apply then I could wrap my mind around it better. I may check with my doctor too. 

Link to comment
Share on other sites

1 hour ago, KiminOrlando said:

Yes, I do pass out. I think my attorney does a free initial consultation. They evaluate your case and if they don't think you have one, they tell you. 

If you CAN work, it isn't making you worse and you aren't losing eligibility, then it makes sense to keep working. I wasn't in that boat. My ship was sinking fast and I was desperate for a life preserver. 

I honestly believe the only reason I can work is because my job is one of a kind. With my educational background I would normally work minimum wage jobs which requires manual labor. Just last night I was trying to fix the cover on my light in my kitchen and got very sick for about 30 minutes. Lightheaded, felt like my head was exploded, temporary deafness, the works. My husband looked at me after my moment of stupidity (I knew better) and said, "that is why you need to at least consider it."

Link to comment
Share on other sites

I also want to point out this: when I became disabled ( as per SSDI ) I also initially became somewhat depressed. I felt that I could no longer be of use ( mind you - I was in the healthcare industry, used to help people ).  It took quite a while before I realized that it does not take away my worth, or ability to serve others, or validity as a person. Loosing the ability to be of value in the community is a big thing - but also know that the place you need to be productive most of all is within your family. If you cannot function in your family life because you spend too much energy in your work - then you might want to consider it. --- just as long as you know that this is not just simply a " financial benefit ". 

Link to comment
Share on other sites

2 hours ago, Pistol said:

If you cannot function in your family life because you spend too much energy in your work - then you might want to consider it.

That seems like a better definition, thank you. On days that I work I am usually useless at home. But days that I don't, I have enough spoons to be able to spend time with them. I am more or less useless as far as chores are concerned but I can usually cook food. 

Link to comment
Share on other sites

Thanks so much to all that have replied. You guys have given me a lot to think about. I am thinking for now I may make an appointment for a shrink, and continue my quest for my underlying before I start the process of seeing if I can get disability. If my current job disappears I may start earlier but for now I think I should start getting my ducks in a row first by seeing different doctors for different things so I can have a good medical history. 

Link to comment
Share on other sites

  • 3 weeks later...

I'm thinking about filing again too. I had one of the worst work days I have ever had in my life. I thought I was going to have to call my boss out to finish my work for me. I had to sit in the car with air-con on a few times for fifteen minutes in order to recoup enough energy to finish my 3 hour work day. Crazy that a grown man cant even finish a 3 hour work day. 😞 Sometimes our bodies leave us no choice. You can't fight through everything. 

Link to comment
Share on other sites

1 hour ago, blizzard2014 said:

I'm thinking about filing again too. I had one of the worst work days I have ever had in my life. I thought I was going to have to call my boss out to finish my work for me. I had to sit in the car with air-con on a few times for fifteen minutes in order to recoup enough energy to finish my 3 hour work day. Crazy that a grown man cant even finish a 3 hour work day. 😞 Sometimes our bodies leave us no choice. You can't fight through everything. 

What do you do?

Link to comment
Share on other sites

When you get to the point that you are not able to make it through a 3 hour shift then it is either time to get your meds reevaluated or you would be better off quitting. I pushed myself for too long with my work and that made things much worse. Granted - janitorial work involves a lot of standing, bending, lifting, reaching - all activities that are difficult for POTS patients. 

Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

×
×
  • Create New...