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How to Apply For SSDI / SSI When You're Mentally Interesting. Part 3 - The Interview & What to Do If Your Claim is Denied.
This article is written by Bryan. Any comments by me are noted as such. I've mainly fit the article into the official mercantile Crazy Meds format.
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SSA will likely schedule a CE (consultative examination). This means that the SSA will send you their psychiatrist and/or PhD.-level clinical psychologist. Keep in mind that this examiner does not determine whether you are disabled, but rather s/he reports findings to the SSA. Try to secure a copy of your recent psychiatric records. Go with someone who knows you well, who can give these records to SSA's doctor and help explain your condition. You're supposed to bring the bottles of all the medications that you take, too. If you cannot attend the examination (because it is too far, you cannot afford transportation---or cannot attend because of your condition----e.g. agoraphobia, etc., you need to call AND write Social Security and let them know---they can reschedule it, sometimes even arrange for a taxi---or in extreme cases, have someone come to your house (agoraphobia so severe that you cannot leave your house). To avoid delays, however, MAKE EVERY EFFORT to attend the CE (and go with someone!). Your examination should be AT LEAST 40 minutes and include an objective psychological testing---such as the MMPI-2 or the WAIS (IQ test), as listed on Social Security's Listing of Impairments. You should be treated with courtesy, too. If the exam is too short, the doctor is rude, or your test is not one of the SSA-approved tests, you need to write AND call and explain the problem completely and that you would like to be sent for another consultative examination.
If the SSA decides to sends you for the Consultative Exam (CE) ---that is,
their own doctor, you have the RIGHT, instead, to have your "treating
doctor" perform the CE if s/he is willing to do so. Your "treating doctor"
refers to the doctor or clinic with whom you have had an ongoing treatment
relationship. The doctor has to agree to it (so the patient should ask one's
doctor first) and the doctor will get paid for it at the expense of the SSA.
The claimant/patient has to tell the SSA that the treating doctor is willing
to perform the exam and that this would be the [claimant's] preference.
SSA regulations actually mention a preference for the CE to be done by the
claimant's "treating doctor." It's in
Section 616.2 of the SSA Handbook. In practice, though, it is easier for the SSA
to have the CE with their own doctor. But who do you think would be best to
perform the CE---a doctor who you've never seen before who doesn't have
access to your records, or your own doctor who has known you for quite some
time?
Also, for more information about the CE guidelines, visit:
http://www.ssa.gov/disability/professionals/greenbook/ce-adult.htmTo arrange a CE by your own doctor:
Regardless of who does the CE, one thing you should do is go in with not just a log of the meds you've taken, but with as many bottles as you have on hand of individual meds. Or boxes, or whatever the original container is. This would suggest compliance with medications as well as credibility. Note from Jerod - the first CE I had was done by a total dick. I filed a complaint with the SSA and the California medical board. The guy was an asshole whose idea of testing for mental illness was browbeating people and giving them the MMPI. I did get a second CE. Now you get to wait at least six months. Follow suggestions in the books "How to Get SSI & Social Security Disability: An Insider's Step by Step Guide." (in the meantime.) In the meantime, keep a list of all your appointments with name address, phone/fax number, dates and times of appointments, any changes in medications/what doses/reasons for stopping/starting. etc. Note from Jerod - see also the page on how to organize your medical records. This being said, it's very likely you will be initially denied. But do not give up! The next step is the Reconsideration Process, in which they have a different set of examiners decide your case---you can submit updated documentation and an explanation as to why your denial is incorrect. If denied, they will list all sources that were used in the determination. Did they exclude one or more of your medical sources? Were the dates listed corresponding to each listed medical source correct? You need to make sure that they get ALL medical sources that you have (especially recent documentation). Were the reasons why you are not disabled incorrect? Did they overestimate your abilities? Did they undermine the severity of your impairments? This needs to be addressed in a letter for the Reconsideration Process and can serve as the basis for an appeal later. In this appeal letter, feel free to include any medication changes, changes in your condition, appointments since you last filed (with name and address). Also, feel free to refer to yourself in the third person. Be sure to file a Reconsideration appeal as soon as possible! Again, keep copies of the Reconsideration form and any letters that you write with it----you should type this letter and sign and date it. And again, send this forms "certified mail, return receipt requested." If your claim is still denied, you can then appeal before an ALJ (Administrative Law Judge), who will decide if you are disabled. If it reaches this point, you will need an experienced attorney--one who has experience dealing with mental disabilities and the SSA. Your local SSA office has a list of attorneys available to help you. You can also visit National Organization of Social Security Claimants Representatives to locate an attorney in your area. You generally don't have to pay the attorney until s/he wins---and the cost is 25% of your retroactive pay, typically. The SSA has to approve your attorney and the fees that s/he charges. It will take about a year from your denial to get a hearing with an ALJ scheduled. If the ALJ denies your claim, there are further appeal processes you can take. In some states, the Reconsideration process is eliminated completely, and instead, one can appeal directly to the ALJ. These so-called "prototype" states are Alabama, Alaska, California (the Los Angeles area), Colorado, Louisiana, Michigan, Missouri, New Hampshire, New York (Brooklyn and Albany areas), and Pennsylvania.
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Oh, and in the meantime, keep a journal of all the MEDICATIONS, you take---name, dosage, frequency, for what condition, side effects, dates started/stopped and why, med changes. Also, keep of journal of all your appointments with a name and address and your treatment regime. This way you give can a journal to your attorney when you need to. Note from Jerod - see also the page on how to organize your medical records. --- Also worth mentioning---when and if you get approved for SSI, you will likely have to appoint a "Representative Payee," a person or organization who receives your money and manages funds on your behalf. You can choose the person or organization. The person can be a friend, relative, or anyone you know who agrees to manage your funds, who has not been convicted of a felony and is capable of managing your money. The SSA maintains of list of organizations willing to serve as your Representative Payee. You have the right to change your Representative Payee at any time. The Representative Payee has to periodically report to the SSA how the funds are being used (how much goes toward food, rent, and miscellanous expenses). You see, SSA's assumption is that if you are really too disabled to work full-time in some job in the nation's economy, then surely you are not capable of managing your funds in your best interest. I believe that you can receive your own funds if you have a letter from your doctor stating that you are capable of managing your benefits funds. SSA prefers that a Direct Deposit arrangement is made (versus receiving checks in the mail or at your location). If you set up a checking account and it will need to be in your name with the "representative payee" being the one who manages it. In other words, you cannot withdraw funds or write your own checks. After being approved, your case will be reviewed periodically through a process called the Continuing Disability Review (CDR). Generally, for mental illnesses that have been well-documented, this would be "no sooner than every 3 years." The SSA has been cracking down on conducting the CDRs in a more timely manner. If you are still sick, keep seeing a doctor, and keep a journal with all your appointments, etc. The SSA also has "work incentives"--including programs which allow you to work part-time while still receiving some benefits. More information on SSAs "work incentives" and CDRs are in the aforementioned book, "Nolo's Guide to Social Security Disability: Getting and Keeping Your Benefits." Also, eligibility for SSI means eligibility for Medicaid in most states (called Medi-Cal in California). This means health coverage from approved providers, including prescription drug coverage. In some states, you will need to apply for this separately; check with your countys Department of Social Services (look in the front of your telephone directory). Also, if approved for SSDI, within two years from the date that SSA determines that your disability began is the date that you become automatically eligible for Medicare, which includes ambulance services and hospitalization coverage. Note from Jerod - isn't that crazy? We're disabled for a medical reasons, but we have to wait two years for medical coverage? In the meantime it still means juggling credit card debt in order to pay for medical expenses before Medicare kicks in, and only recently did it just begin to cover prescription drugs! By the way, if you mention, or your medical records show, that you abuse drugs and/or alcohol, you will have a harder chances of getting benefits. This would require the use of an experienced attorney. SSA regulations specifically state that one cannot be found disabled due to drug or alcohol abuse. Now this does not mean that one cannot be found disabled if one uses drugs or alcohol. The question becomes: Which symptoms are due to the mental condition? And which symptoms are due to drug/alcohol abuse? And which symptoms/conditions would still remain if the person refrained from using drugs/alcohol? Best advice---refrain from abusing drugs/alcohol. So if you and youre doctor believe that you are disabled, gather the information and evidence, get the aforementioned books and check out the website, and start the application process for SSDI/SSI. Good luck!
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Created Tuesday, October 12, 2004
Last updated Monday, September 26, 2011
Format Copyright © 2003 - 2010 Jerod Poore All rights reserved.
Almost all of the material on this site is Copyright © 2003 - 2010 Jerod Poore Except, of course, the PI sheets, those are the property of the drug companies who developed the drugs the sheets are about. And any documents that are written by other people which may be posted to this site will remain the property of the original authors. You cannot reproduce this page or any other material on this site outside of the boundaries of fair use copying without the express permission of the copyright holder. That's usually me, so just ask first. That means if want to print out a few pages to take to your doctor, therapist, counselor, support group, non-understanding family members or something like that - then that's OK to just do. Go for it! Please. As long as you include this copyright notice and the following disclaimer, I'm cool with it.
All rights reserved. No warranty is expressed or implied in this information. Consult one or more doctors and pharmacists before taking, or changing how you take any neurological and/or psychiatric medication. Your mileage may vary. What happened to us won't necessarily happen to you. Nobody on this site is a doctor, therapist, or a pharmacist. We don't portray them either here or on TV. Only doctors can diagnose and treat an illness. Some doctors tend to get pissed off by patients who know too much about medications, so tread lightly when and where appropriate. Diagnosing yourself from a website is like defending yourself in court, you suddenly have a fool for a doctor. Don't be a cyberchondriac, thinking you have every disease you see a website about, or that you'll get every side effect from every medication. Self-prescribing is just as dangerous. All information on this site has been obtained through personal experience, the experiences of my friends, the experiences of people reported on online support groups, and from sources that are referenced throughout the site. Know your sources! As such the information presented here is not a substitute for real medical advice from your real doctor, just a compliment to it. No neurologists, psychiatrists, therapists or pharmacists were harmed in the production of this website. All brand names of the drugs listed in this site are the trademarks of the companies listed after them in the pages about the drugs, even though those companies may or may not have been acquired by other companies who may or may not be listed in this site by the time you read this. Always read the PI sheet that comes with your medications and never ever throw them away. If you didn't get a PI sheet, demand one. Loudly. Crazy Meds is not responsible for the content of sites we provide links to. We like them, or they're paid advertisements, or they're something you should read to make an informed decision about a particular med. Sometimes they're more than one of those things. But what's on those sites is their business, not ours. Very little information about visitors to this site is collected or saved. And from time to time I do look at search terms used to find it in an effort to make the information I present more relevant. Use only as directed. Void where prohibited.
"Everything is true, nothing is permitted." - Jerod Poore