Greetings: The following (condensed and separated by *'s) is forwarded for
your possible interest due to some common topics and the rich practical
information graciously provided by the members, we thought you might be able
to use; it is long so you may want to print it out for reference.

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Thanks Helen for the needed reminder to get as many questions answered and
> materials in soon in applications. Relatedly, in a recent different
matter
> I had to wait for a birth certificate from out of state for something;
btw,
> it takes much longer to go through the state's capital (maybe months) and
I
> got it the next day after a phone call to a *County Recorder* which
> apparently exists nationwide (?) albeit with perhaps a different title.
That
> cost extra of course but it was very helpful.
>
> :) L.
> ----------
> Individual e-post from:
> Dr. L. D. Misek-Falkoff, Speaker, and Chronic Pain Caucus Chair of
> The National Disability Party http://www.disabilityparty.com . bio (about)
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> ----- Original Message -----
> From: "Helen Nilon" <thenilongroup@...>
> To: "Pain-In-The-Law" <pain-in-the-law@yahoogroups.com>
> Sent: Monday, April 15, 2002 5:47 AM
> Subject: [pain-in-the-law] Tina ~~ Social Security Disability
> >
> > Hi - I have only put together three SSDI packets. All three were for
> mental
> > illnesses of one type or another. All three of us had worked for
between
> 15 and
> > 30-years. We were all approved the first time through and within three
or
> four
> > months.
> >
> > I think a contributing factor was that I answered EACH question - or
drew
> a line
> > through it - in other words I left nothing up to the imagination of the
> reader.
> > Then I collected hospital records for the last few years and included a
> copy of
> > those records in with the packet. I think that often a lot of the delay
> is due
> > to SSA having to wait for the records from medical providers. That is
> certainly
> > not all of the time delay, but I am sure contributes to it.
> >
> > Hope this helps somewhat.
> >
> > Helen.
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> > -----Original Message-----
> > From: Tina Westphal [mailto:winphal@...]
> > Sent: Thursday, April 11, 2002 11:30 PM
> > To: pain-in-the-law@yahoogroups.com
> > Subject: Re: [pain-in-the-law] Fw: [c_p] Chronic pain and SS Disability?
> >
> > Hi:
> >
> > What type of specific information is requested? I am
> > sure I can assist with most problems, questions, etc.
> > involving Social Security. I have been researching the
> > topic for several years while assisting several people
> > with the process. I am also in the middle of applying
> > for SSD/SSI myself. If I do not have an imediate
> > answer I have several sources to obtain the
> > information.
> >
> > I can assist with the initial filing, the
> > Reconsideration request, and the ALJ prep. I can also
> > help someone understand the entire "red tape" process,
> > i.e. it isn't the specific diagnosis of an illness but
> > rather how it effects your daily living and working
> > abilities.
>>> > Tina
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Hi All:

I will start off with a short, easily understood,
version of the basics on Social Security and then will
work up to some of the specifics including the appeals
process in future posts.

For the purpose of abbreviating my posts I will be
using the following:

SSA = Social Security Administration
SSD = Social Security Disability
SSI = Social Security Insurance
DDS = Disability Determination Service (State Level)
ALJ Hearing = Administrative Law Judge Hearing

The SSA is a Federal program that contracts with the
States to collect, evaluate, and rule on SSD/SSI
applications. Each State contracts with a DDS to make
the actual decisions on all applications using the
Federal SSA guidelines.

SSD is for all people determined to be totally
disabled according to the Federal Guideline by the DDS
regardless of their assets, age, or financial status.
This includes monthly payments (determined by your
work history) and Medicare benefits 24 months after
the date of your application.

SSI is for people determined to be disabled according
to the Federal Guidelines by DDS with low income. This
includes monthly payments (determined by your work
history and the financial status of your household
including your spouses earnings and assets) and
Medicaid benefits from your date of application.

The following are the basic steps in the process:

1. Initial Application
2. Request for Reconsideration
3. ALJ Hearing
4. Appeals Court Hearing

1. Initial Application

You contact your local SSA office and request an
application packet or you can go to the SSA web site
and download the forms. You are then scheduled for
either a personal interview in the local SSA office or
a telephone interview. During the interview you are
asked various questions concerning your medical
condition(s), how it/they affect your daily life, your
personal information (and that of your family), your
work history, and your financial situation. During
this interview no determination is made other than
whether or not you meet the Federal minimum
requirements to obtain any form of SSA benefits.

Your file is then sent to the State DDS office where a
case worker looks at the application, obtains medical
records from the treating physicians you listed on
your application, makes notes as to his
recommendations, and then forwards it to the DDS
Medical Evaluation Dept. The DDS Medical Evaluators
look at the medical information from you and your
treating physicians and makes a determination (in
their opinion) whether or not
you meet the requirements as outlined in the SSA List
of Disabilities. If they feel they are lacking
information at this stage they will send you to a
physician of their choosing for physical, mental, or
functional evaluations. After all information is
collected they make the determination and then return
your file to the case worker who will then notify you
of the determination. This process is supposed to take
up to 120 days but be prepared to wait up to 6-8
months.

If you are denied benefits at this stage you go on to
#2. Don't be discouraged if you are denied because in
my opinion, about 90% of all applications are denied
in Stage #1 (even though SSA says only about 33% are
denied).

2. Request for Reconsideration

Along with your denial letter you will get forms to
fill out to request this reconsideration. This is the
time to hire a lawyer (in my opinion this is the time
they are a good idea)or get assistance from someone
very familiar with the process.

You submit your request along with any additional
"evidence" you feel is important and your file is then
sent to a different case worker and different medical
evaluators at DDS. They review your file along with
any additional information you submitted and make a
determination. Again if they feel they need additional
information they can schedule evaluations by their
medical experts. You are then notified of their
decision like you were in #1.

If you are denied at this point (again about 90% are
denied) you will be sent forms to fill out to request
an ALJ Hearing. This process can take up to another
6-8 months.

There will be a wait of 4-8 months before an ALJ
Hearing can be scheduled so you must remain patient.

3. ALJ Hearing

This is the time you actually appear before a judge
who will determine if you will receive benefits. At
this hearing in addition to you and the judge there
will probably be a Vocational Counselor and your
lawyer or representative. You and your representative
will be given the chance to present your case
including reports from your doctors (your doctor can
also be present to give personal observations and
diagnosis), reports from your friends and neighbors,
reports from former employers, etc. You will also be
given the opportunity to explain to the judge how your
physical/mental problems affect your daily life and
your ability to function. The Vocational Counselor
will present his opinion as to whether or not you are
able to perform ANY TYPE OF WORK. (Remember it doesn't
matter if that type of work is available in your area
or not). You will have to disprove the opinion of the
Vocation Counselor to the judges satisfaction.

After your ALJ Hearing you will be notified of the
decision. This process is supposed to take between
60-120 days but again be prepared to wait 6-8 months.
If you are denied benefits at this stage you can go on
to stage #4.

4. Appeals Court Hearing

The Appeals Court will review all the previous
processes and decide if they agree or disagree with
the decisions that have been made so far. If they
decide they disagree they will remand your case back
to the ALJ level for reconsideration. Once again be
prepared to wait another 6-8 months for this to
happen.

In my next post I will go into what should be included
in your initial application.

I hope this has helped you to understand the SSA
Disability process and time frame you will be dealing
with.

Tina
winphal@...
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> > --- L D Misek-Falkoff <include@...>
> > wrote:
> > > Perhaps people here have some input re Social
> > > Security:
> > >> > > Sending best wishes,
> > >> > > :)L.
> > > ----------
> > > Individual e-post from:
> > > Dr. L. D. Misek-Falkoff, Speaker, and Chronic Pain
> > > Caucus Chair of
> > > The National Disability Party
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> > > ----- Original Message -----
> > > From: "Mike" <cmhmike@...>
> > > To: <chronic_pain@yahoogroups.com>
> > > Sent: Monday, April 08, 2002 10:22 PM
> > > Subject: [c_p] Chronic pain and SS Disability?
> > >
> > >
> > > > Does anybody have any idea of the chances of
> > > getting Social Security
> > > > Disability for chronic pain, and what the
> > > necessary steps would
> > > > be? Besides the initial filing with Social
> > > Security I mean, what else is
> > > > there to do?
> > > >
> > > > Thanks, Mike