Why Is Getting Disability For Lupus So Hard?
There are many things about filing for disability that most people just don’t know. Did you know most people that apply for disability get turned down their first time?
In fact over 85% of people that apply for disability do not get disability their first application.
Also over 80% of people that file a second time also do not get disability.
This can be a daunting experience for people that are in desperate need.
You need to know some insider tips to make things run smoother and get your disability quicker. This is exactly what we are offering. Winnie Parnell is a social security specialist and has given some great tips.
Tip #1 Document Everything
When you go to the physician make a note and sign it. Write what is going on, what are your signs and symptoms, how are you feeling, what issues are you having. Keep an on going journal of your symptoms.
Write I can’t sit long or stand long, or whatever you may be having problems with. Then ask the physician to keep a record in your file.
At some point social security may call your physician and they might ask how you are doing. If they don’t know they will say they can’t answer the question.
They may not understand that you have “brain fog” that you have a hard time concentrating and that you make mistakes at your work. They might not understand that you are an unreliable employee.
What is that you may ask? Your lupus can come and go. You may be there 2 days one week, 3 the next or perhaps even miss a week altogether.
Physicians can be very busy and many times they will write back that you are 100% disabled and can’t work. The people at the social security office will send this straight to the trash can. It doesn’t tell them anything about your condition.
Many times the physician only has 10 days to respond and that isn’t very much time at all. If you need an extension ask social security for one.
You should document everything, you need to have a good paper trail. When people are asked about their doctors they just provide their current ones. You should provide as many doctors and as far back as possible. You should send all this information with your application.
Tip #2 Use Your Social Circles
People you know can be used to help prove your case. Your priest, mother father,friends, this people all know the struggles you suffer. Get an affidavit from anyone that knows your situation.
Many times when they request information from doctors and hospitals, they never send anything back and this can hinder your application.
Tip #3 Get A Lawyer
After a second application you can go in front of an administrative law judge, and you don’t do this without a lawyer. This is where most lupus cases are won.
It can be at least a year before you can request a hearing. People who have lupus may not be able to afford a lawyer. Social Security has structured it so the lawyer can’t request any attorney fees unless
- There is a contract
- Social Security approves it
- The claim is won
The fee’s are limited to 25% of the backpay benefits with a statuary cap of $6000.00. So this means the most they would be able to collect is six thousand dollars.
There is a national organization NOSSCR the National Organization of Social Security Representatives and they have a referral service. You can reach them by calling 1-800-431-2804.
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