How to Win Your Disability Case
/By Mia Maysack, PNN Columnist
A dear friend and I have ventured through the Social Security disability process. We’re both severely impacted by chronic head pain caused by traumatic brain injuries. Her pain stems from a motorcycle accident, while mine is a souvenir from bacterial meningitis.
Our paths crossed while attending a lobbying event. We bonded instantly -- not only because we could relate to each other’s pain -- but because we pushed ourselves far past our limits. Accepting reality is tough on us both.
Neither of us are fluent in the practice of law, although my friend worked as a paralegal prior to her health deteriorating. Together, we’ve cultivated a few main points to be used as a guide for others who may be considering their own pursuit of disability.
First, take a moment to realize it requires much patience and time. For us there were moments of frustration and disheartenment. It’s highly probable that Social Security will deny your first claim and that you’ll need to appeal. This is how it goes for almost everyone.
On average, a 2 to 3-year window can be expected from the time of filing your first claim until you are potentially approved. Each person’s case is different. It took four years before my application was approved.
During the interim there’s still a need for money to survive and there are no guarantees that you’ll win.
It is your right to obtain legal help and many lawyers state they are not entitled to compensation unless benefits are granted. You do not necessarily need an attorney or representative, but doing so could speed up the process. Many of us have difficulty functioning, let alone keeping our thoughts straight, so appointing others such as a trusted friend or loved one is another possibility.
It all boils down to what can be proven, so the most effective way to go about proving your claim is through documentation. It is important to keep your medical records organized. Personal journals and diaries are also options, and compiling them could aid in coming to terms with whatever your situation is — an opportunity for accepting a “new normal.”
Ultimately, the judge will want to see continuous visits with healthcare providers, focusing on the conditions that limit or prevent your daily activities and work. The invisibility of chronic pain is very difficult for some people to comprehend, so you will need proof.
It is possible that a health care professional may not wish to complete the paperwork on their end because it only adds to their overflowing caseload. It’ll be your decision to continue hounding them for what you need or perhaps seek out a more empathetic provider and start over from scratch.
What If I Win?
If you are granted disability benefits, it is imperative to take a few things into consideration.
First, celebrate the victory. And then be prepared for more work. Be sure to apply for secondary Medicare insurance within the allotted time frame in order to optimize the healthcare resources available to you.
A certain amount of income is permitted while receiving disability. Any sense of financial independence is encouraged, but returning even to part-time employment poses the risk of your case being questioned after your income caps out at a certain dollar amount. The assumption may be drawn that you are not only fine enough to return to work, but also that you're no longer in need of supplementary income.
Reviews occur on a regular basis, demanding consistent proof that your situation is still as severe as it was. The Trump administration has proposed new rules that would increase the frequency of disability reviews, which some critics say could result in thousands of Americans losing their disability benefits.
Be sure to continue seeing your providers, taking your medications and doing what is expected of you. Noncompliance and missed appointments could lead to a denial of your claim, which is far from ideal due to the difficult reinstatement processes. Keep track of relevant documents and maintain personal records of your own to present upon request.
The moment my disability paperwork went through, the insurance I obtained through the state immediately ended. Several months passed before coverage was reinstated. Thankfully, that was okay for me not be covered for a while, but for many others that could be detrimental.
Getting disability can be a daunting experience, but a wise person told me that I’d learn a lot going through the process. My friend and I prevailed. Hopefully, you will too.
Mia Maysack lives with chronic migraine, cluster headaches and fibromyalgia. Mia is the founder of Keepin’ Our Heads Up, a Facebook advocacy and support group, and Peace & Love, a wellness and life coaching practice for the chronically ill.
