Steps to getting documentation to get on disability

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I am boxed out of most jobs in the economy due to my set of disabilities. Actually, make that just about all. According to any public records on file, I have not worked full-time since May 2010; however, I had a paid part-time internship between October 2012 and January 2013 while in school and another paid internship between May 2013 and August 2013. There is no record of me doing anything between the time I was kicked out of the military in May 2010 due to "unacceptable conduct," poor performance, and poor fit and August 2011 when I began law school. I have been in graduate school -- where I have the freedom to set my classes late in the day. I would like to get on SSDI, so I can work on my own time on setting up a startup company/online tax law firm.

I currently have the following diagnoses: Asperger's, severe NLD, Bipolar, Borderline, PTSD, General Anxiety Disorder, Social Anxiety Disorder, Schizoid Personality Disorder traits, Major Depression, and Bipolar Disorder. I have been to about 5 mental health professionals over the past several years, but none them are aware of all these things (though one is aware of most, though she said getting on disability would be "very difficult" but she only saw me on and off during the period when I was in a hypomanic phase).

However, I am not naive enough to think that diagnoses alone are enough to get on disability. I think you have to make a compelling, coherent argument. I know what mine will be, but I want some tips on how to get the proper documentation.

1. [documentation 1].Delayed Sleep Phase Disorder (DSPS): my circadian rhythms are off, so I cannot ever go to sleep properly before 3 am, and sleeping meds don't work. This leads to mental health problems over time. All I have to do is check into a hospital the next time I have serious thoughts of killing myself to prove how bad it is. However, I need to get diagnosed with this by a professional to get documentation of it Since I need to be able to sleep between 3 am and 11 am without becoming suicidal, this will rule out most normal professional jobs that don't require motor skills.

2. [documentation 2] Dyspraxia: I have NLD in the top 1% of severity according to my ex psychiatrist, and my fine motor skills are bad enough that I can't do normal household chores well, or at all, let alone work that requires any kind of manual activity. The one time I did try to work a cashier, at a baseball game, I made the manager furious by miscounting money multiple times and dropping it all over the place. I have a "vague" NLD diagnosis, but I need to get documentation that I have dyspraxia too. [documentation 2].

3. [likely have documentation] NLD: I have terrible visual spatial skills. This could rule out some obvious jobs. I am not sure if I need further documentation besides the Weschler IQ test and a dyspraxia evaluation. I can really only do jobs that require only verbal IQ, most of which again either require exceptional social skills or the ability to work normal business hours.

3. [documentation 3] Economic environment: I need to be able to argue that professional jobs nearly all require the ability to work normal business hours while night shift jobs (like retail) cannot be done by someone with dyspraxia or NLD, leaving no category of jobs left that I can do.

4. [documentation 4] Jobs that require exceptional interpersonal skills (customer service, etc). I am not sure my Asperger's diagnostic report is sufficient to prove I am unable to do these jobs.

5. Personality and mood disorder diagnoses: just for good measure

I really think that I am, over the long term, boxed out of most jobs in the economy. I think I have a good theory, but I have no idea where to go to get my missing documentation. And I only have about 6 months of student insurance to use, so I need to use it quickly.

So should I see my state's vocab rehabilitation center for the dyspraxia evaluation and a sleep disorder specialist while finding a new psychiatrist to stick with during this time? Unsure how else to proceed.

Three words.Get a lawyer.It is really getting harder for people who have disabilities to get help.Unless you are blind, you are going to get turned down.Especially at your age.It could take a year or even longer.

From where I am, to be in receipt of disability benefit is to prove that I need care with day to day life functions such as mobility, needing help with eating, sleeping, bathing, getting dressed and so on. It details physical inability and psychological inability or difficulties, regardless of medical diagnosis.

I had to prove and explain in great detail, how each symptom affects daily life, from medical evidence and a detailed account under interview. I'ts nothing about being able to work rather than being unable to live independently.

I am British but that's how the Disability Living Allowance works, but it perhaps works much differently elsewhere in the world.

Misslizard just gave you the best advice you will ever get on this subject. I was denied 2 times, I got a lawyer for appeal to a court, got a fully favorable decision from the administrative law judge, got denied a 3rd time after the judge ruled in my favor. It is nearly impossible to get disability right now. I will get it eventually but SSA is dragging it out to the last possible moment. If I did it all over again I would have hired a lawyer from the moment I initially applied. I'm not trying to discourage you from applying, I think you should, but just be prepared for a 2-3 year battle. To put things in perspective you are going to be fighting a bureaucracy with a $4 billion dollar budget who's sole purpose it to deny you no matter what.

Here are some things to keep in mind when you are applying for disability with Social Security.

1) The definition of disability for Social Security purposes is an impairment or combination of impairments (does not matter if it physical, mental, or both) that prevents you from working and performing what is called "Substantial Gainful Activity" and that you are further expected to be unable to do so for at least 12 months or your disabling conditions are expected to end in death. So, what does all that mean? Here is what it comes down to for you: it does not matter what conditions you have - it does matter how they keep you from working. As you are talking to Social Security and your doctors are talking to Social Security always be asking yourself "How does this show I am incapable of working?" That is what you have to prove - You are unable to work because of medical issues. Also, it does not matter if there are or are not jobs available. Regardless of if a job opening exists if you are well enough to do that job you are not disabled. Do not use phrases like "in this economy" or "the job market in my area." Keep your statements independent of the current market or other people's decisions. "I cannot work" is much better than "No one will hire me." The first statement is clear and not open to interpretation. The second allows someone to infer that you can work if you had a position. That is the medical side of the equation.

2) There is also a non-medical side of the equation. In order to get Disability benefits under Title II of the Social Security Act you have to have worked enough in the past and recently in order to qualify. Title II is the "standard" part of Social Security that most people get when they retire or become disabled. It is a pay to play system. If you did not pay enough into the system through FICA taxes you will not qualify for benefits no matter how disabled you are. If you do not qualify for Title II benefits because you do not have enough of a work history then you may qualify for benefits under the Title XVI portion of the Act. This is called Supplemental Security Income or SSI. People who receive SSI benefits because of a disability are said to be getting SSIDI while people who get disability benefits under the Title II portion of the act are said to get SSDI. Do not confuse the two programs because they have very different rules and rates of pay. The medical requirements are the same as above but the non-medical requirements are different. SSI is not based off of your past work or income. It is based off of your current financial needs. SSI has both an income (money that is coming into your hands each month) and a resources (money and things that you have from month to month - like bank accounts, property, etc.) limitations. If you have too much money you cannot get SSI. Do not worry about deciding which you should apply for. Apply for them both.

3) It is always better to take command of your own destiny. Social Security will try to help you get medical documents from your doctors but they do not have any ability to compel cooperation. Get your own medical records and turn them into Social Security yourself. Do not put your fate in the hands of some Doctor's office assistant who has a dozen other things on her mind besides responding to some letter from Social Security. Likewise, it is better to have too much information then not enough information (see below).

4) Do not rely on Social Security to send you to get evaluated by a doctor. First off, they don't even make the medical decision. That is done by a state agency called the Disability Determination Service or DDS. DDS has the ability to send you for an evaluation but they will only do so if they lack enough information to make a decision without it. So, if they don't get any information then they will deny the case because you haven't proven that you might have a disability. Even if they do send you to an evaluation they are asking the doctor to evaluate only a specific list of issues that DDS assigns them. The doctor cannot evaluate you on any issue that isn't on that list. They aren't even supposed to ask about it. So, for example, you are sent for an eval because DDS decides they want to evaluate your range of motion in your shoulder (just as an example). They will send you to a doctor they have assigned to your eval. The doctor will only examine and report on the range of motion in your shoulder. They will not ask about and will not report on your migraine issues or heart condition, etc. So always make sure that the DDS has the information you want them to see. Don't rely on your doctor to tell them something you think is obvious. Sit down with your own doctor and have them put in writing on your record the things that you believe are important.

5) Do not get complacent. The average disability case runs over 4 months to process from beginning to end. Every time you see a medical professional for your conditions get it documented and forward that new information to your DDS examiner yourself. Work with your examiner, answer their questions (no matter how stupid you might think they are), and above all else return their calls!! !! ! If you move or change phone numbers make sure they have your new contact information.

6) Do not "be brave." This especially applies to the guys. Our culture teaches that men should be tough and not admit to pain or suffering or struggle. This is the worst thing you can do because the examiner is going to take your word for it when you say this issue or that issue is no big deal. If it is a big deal tell them so. Do not let pride get in the way of getting the help you need. Don't go overboard the other way and make mountains out of mole hills either. Just be honest. Honesty always is better.

7) Do not panic if you get denied the first time through and do not run out and get a lawyer right away. Social Security has several levels of appeals. The first one does not need a lawyer at all. If you get denied a second time and your case is going to go before an Administrative Law Judge then it is time to get a lawyer but you don't really need one before then. All the lawyer is going to do at the first level of appeal is charge you an arm and a leg to have their secretary fill out the same paperwork you did and run around collecting up your medical records. You can do that yourself. If your point on the spectrum makes filling out the paperwork difficult their are plenty of free advocacy groups that can help you.

Do not get caught by Res Judicata. No that is not the main villain in the new Star Wars movies. Res judicata is a legal term that is also called claim preclusion. What it means is that if you appeal a decision that has already been made and you do not have any new or additional information to add to your case the deciding authority can refuse to hear your petition. In other words they can deny your appeal without even looking at it. Always bring new material to the table, even if it is just a more recent medical record.

9) Social Security aren't the only people with benefits. Talk to the state and the VA and anyone else you can think of. If you call Social Security and tell them where you live they often have lists of phone numbers for advocacy groups, charitable organizations, and state agencies that can also offer you help. It may not even be disability benefits. Maybe the state can offer you help by paying your phone bill or your energy bill, thus freeing up money elsewhere. There is a lot more assistance out there than people seem to realize but it is not going to come to you. You are going to have to go out there and track it down.

Full Disclosure: I know quite a bit about Social Security but I am not speaking as a representative for the Social Security Administration or any other agency and nothing I have provided cannot be found in any number of publicly available sources. In other words there are no state secrets here. I just tried to present the information in more common language than you sometimes find in government resources.

My lawyer charged nothing until I was awarded benefits.If he does not win there is no charge.But he won't take the case unless he is sure he can win it.

Here in Oz, they give you a rather lengthy form to fill out -- you answer their questions. You need a GP and a specialist to sign off on it, i.e., they agree with your assessment of your abilities (or your carer's assessment), and they confirm whatever labels you have. After that, you meet with a government worker and then a government doctor/clinical psychologist (the first refers you on to the second if they think you're disabled).

Particular labels don't matter, other than that they're known to cause disability.

Shoot my first reply got eaten by the ether in mid-sentence. Let's try this again.

What your lawyer did is exactly what they are required to do by law. See any lawyer working a Social Security Disability case is required to file a Fee Agreement with SSA before the claim is adjudicated. This agreement must be approved by SSA ahead of time. The law also dictates the maximum amount the lawyer can charge (which is typically what they do charge) and stipulates a very small number of circumstances where the attorney can be paid even if they lose the case. In other words, for 98% of the cases the lawyer can't charge you if they lose by law. An lawyer can also file a Fee Petition after the fact. In a fee petition the lawyer must justify and document whatever fees they want to charge you. The Fee Petition must still be approved by SSA before you are required to pay anything and the lawyer cannot charge you more for their work on your case than what SSA has approved no matter what agreements you may have signed with them. The loop hole is that the lawyer is free to charge you for any "out-of-pocket" expenses they like - such as charging your for getting copies of medical records that you could have gotten yourself. This is how some unscrupulous lawyers will pad their fees. If you go the SSA website you can find a pamphlet online called "Your Right to Representation" - if you are interested in getting yourself a lawyer you really need to read this pamphlet.

Some of you may have been fortunate enough to find an attorney that will work Pro Bono (for free). This is really nice of them, very charitable right? Well, maybe not so much. Many state bar associations (the agency that licenses attorneys to practice law in that state) will award Continuing Legal Education credits for pro bono work. See, lawyers are required to maintain their expertise through an ongoing educational system. Typically this is through attending seminars and completing online and correspondence courses offered through the bar. The last time I looked most courses typically ran $75 to $150 but I have seen some that topped $500. So between the CLE credits and writing their normal fees off of their taxes as charitable contributions your lawyer may actually be making more money than they would have if they charged you. This doesn't mean they are doing anything wrong and you are still getting the benefit of legal counsel. A win-win.

Coming back to Misslizard's post, if you win you are still handing over a portion of your benefits to a lawyer for getting their legal assistant to do something you probably could have done yourself. It comes down to a question of what is going to be best for you. There is absolutely nothing wrong with hiring a lawyer from the very beginning of your case. Just don't think you have to. Also, remember my advice was directed at the initial application and the first level of the appeal process (called a request for a reconsideration). If you have to go beyond this to a hearing with an Administrative Law Judge or a hearing with an Appeals Council it would be unwise not to secure the services of a good lawyer. Also, if you get to the hearing level it is in your best interest to actually show up for your hearing. Do not skip it and rely on other people to tell you about it later. Even if you don't say a word and let your attorney do all the talking it is important for you to be present. It is your future that is being decided.

I was lucky and got a really good lawyer,he told me to get my documents myself so I did.I had copies made at all my physicians and then mailed them to him.He had a video to watch so you will know what to expect in court.He was President of the Nat organization of Social Security Claimants Representatives at that time.
http://www.nosscr.org/