Will You Receive Disability Benefits If You have an “Open and Shut” Case?

Most people who file for Social Security disability benefits are in for a fight, even if it seems to them that they have an “open and shut” case. It’s important for those filing for SSD/SSI to realize that there is no medical condition in and of itself that qualifies one for disability (though there are certain conditions that may qualify for expedited processing).

Disability decisions are based on two things:
1) The existence of a severe, ongoing mental or physical impairment, and
2) an inability to earn living as a result of this impairment (which, for the social security administration, equates to the inability to work and earn at least the monthly SGA, or substantial gainful activity, amount that is in effect for the current year).

Proving the existence of a severe medical impairment can be difficult, particularly if the claimant hasn’t recently sought medical treatment for the condition, a situation that can easily come to pass, of course, if the individual no longer has health insurance.

The general rule of thumb is that if the claimant hasn’t seen a physician in the 90 days prior to the evaluation of the disability claim, a disability examiner will schedule the individual for a consultative medical exam (CE).

CEs are performed by doctors who are in private practice (not Social Security employees) and who are paid by Social Security to perform medical examinations and mental examinations and mental testing. CEs can be very brief (physical CEs probably last an average of only 20 minutes), and are intended to provide only a snapshot of the claimant’s current state of health.

There are really no substitutes for solid medical records from a treating physician documenting the date of onset (when symptoms began), how the impairment has developed over time, a prognosis, and, especially, some indications of how the claimant’s condition has reduced their functional ability to engage in normal activities of daily living. However, when this information does not exist for whatever reason, a claimant will likely be required to go to a consultative exam.

Are the results of a CE a good substitute for records from a treating physician, particularly a medical source statement from a treating physician that succinctly explains that the claimant’s remaining functional capacity does not allow a return to work activity? Of course not. And as a disability examiner, I found few examples of cases that were approved solely on the strength of a consultative examination report.

Medical record documentation from a physician who has an established history with a claimant and who continues to provide medical or mental treatment will always be the bedrock on which social security disability and SSI disability cases are decided.

Yet, just the same, even those who have copious medical records in support of their disability claim, and even physician statements, sometimes get turned down for disability. About 70 percent of all disability applications filed each year are denied, and first appeals are even less likely to succeed. Does this mean that the majority of people who file for benefits are not really impaired in some way? Hardly.

Statistics also show that most people who request a second appeal, a hearing before an administrative law judge (ALJ), go on to win benefits. This fact alone strongly throws doubt on the ability of the federal disability system to make accurate decisions at the initial claim and reconsideration appeal levels that occur right before the disability hearing level.

Of course, it can take years to work through the entire disability process from initial application, to reconsideration appeal, to the disability hearing.

Some would argue that’s the idea: wear people down over time so that they just give up and go away. However, those who stay the course and go through with the disability hearing win their cases more often than not, and these individuals are usually rewarded with considerable back pay in addition to monthly benefits. However, by that time the financial and emotional toll is considerable.

The lesson in all this? If you are disabled and unable to work, do not assume that your case will be “open and shut.” When it comes to winning SSD/SSI, there’s no such thing. Instead, begin documenting your medical treatment as soon as you begin to experience difficulty working.

And, if your application for disability is denied (and most are) do not give up. The chances of being approved for disability go up at each level of appeal, particularly at the administrative law judge hearing level.

Tim Moore is a former disability examiner and the creator of Social Security Disability Secrets. He currently writes at My Disability Blog

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Popularity: 25% [?]

Can Those with an Invisible Illness Park in the Blue Spots Without Others Seeing Red?

“Do you know the fine for using someone else’s handicapped parking permit is $300?”

“That parking spot is saved for the disabled! You should be ashamed of yourself!”

Nearly everyone with an invisible illness has been told, “You don’t look disabled to me!” One of my friends replied, “Well, you don’t look stupid to me.” I just bite my lip to try to prevent the tears from forming, broken-hearted that I appear to be deceptive, when I would do anything to give back this parking perk that I use on a rare occasion.

As I circle the parking lot a fourth time on this day I hope for a spot to open up within two-hundred yards of the store, but there is nothing remotely close at this bustling superstore where I need to buy my prescriptions and milk for my toddler. My rheumatoid arthritis is flaring badly, causing extra fluid in my knees to dislocate pieces of loose bones. Every step is painful and unpredictable.

Finally I sigh in resignation and pull into the farthest “blue parking spot.” I reach for the placard–the one that has a bold white symbol of a wheelchair–and no, I don’t have a wheelchair–yet. So after fifteen years of having this “privilege” at my disposal I still warily scan the area before reluctantly dangling the placard from the rear view mirror. Is there anyone watching, wondering, or waiting, ready to confront me?

I’ve had scathing notes left on my windshield and many people, empowered by television exposés, have approached me with their opinions. Judgmental expressions and whispers sting just as much. My husband and I adopted a baby and when I would get my child of the car I would avoid eye contact with onlookers because I could hear their whispers of, “She’s not disabled! Or–if she is–she has no right to have a child!”

Nearly 1 in 2 Americans (133 million) live with a chronic illness. It could be diabetes, cancer, cystic fibrosis, fibromyalgia or even chronic back pain. Many illnesses make walking long distances impossible because of limited lung capacity, physical pain, or unpredictable numbness in the legs. According to statistics provided by the U.S. Census Bureau, about 96% of these illnesses are invisible. There is no sign of the illness existing, nor the use of an assistive device like a cane or a wheelchair.

I began National Invisible Chronic Illness Awareness Week in 2002, which is held annually in September, after witnessing thousands of people who had frustrations, fears, loneliness, and bitterness, about feeling invalidated. One’s illness, age, diagnosis, or level of disease degeneration, doesn’t change the emotional pain.

Strangers and loved ones alike doubt the severity of our illness or even the diagnosis. We’ve heard, “You look so good! You must be feeling better.” But we don’t feel better. We just bought some fake tan in a bottle and pasted on a smile.

National Invisible Chronic Illness Awareness Week is a time to acknowledge that invisible illness is more prevalent than we’d imagine and everyone–both those who are healthy and ill–can make a difference by encouraging someone with an invisible illness, rather than tearing someone down.

Are those parking spots painted blue because they give so many people the blues? That small area of square footage is a breeding ground for many frustrations as we are forced to defend our illness and character to total strangers. I’d gladly trade in my placard indefinitely for just a week of having my old body back when I could run, sit on the floor, or even hold a fork without tendons popping out of place.

I anticipate the day when a nationally designated system is formed. Texas law states that blue placards are for those who use assistive devices; red permits are for people with a “condition that impairs mobility.” In other states, red symbolizes six months of disability and blue is permanent. It’s confusing! And for one with invisible illness, the wheelchair symbol discredits both our physical pain and–in the eyes of others–our reputation. Until then, we rely on Invisible Illness Week bumper stickers.

The next time you see a healthy looking man loading groceries into his car–parked in the “blue spot”–don’t glare. Stop and offer to help him, or just smile nicely, giving him the benefit of the doubt. Seventy percent of suicides have uncontrollable physical pain as a factor. Your smile may save his life. At the least, it will astonish him, perhaps providing him with genuine encouragement he hasn’t felt for months.

Popularity: unranked [?]

54 Ways You Say You Respond to “You look so good!”

“You look so good!”  Over 1200 of you took our survey last year (you can still take it here if you want) and you shared how you respond to this compliment that pulls at the heartstrings.

Sometimes you just have to respond… a smile doesn’t say all that you want to say, but one of the temptations is to use sarcasm in our response.

Most of us can say that it depends on who says it. We may be more likely to smile and say, “If only it were true!” to a friend who doesn’t really get it. To the person behind at us the grocery store who commented about our groceries, we are more likely to say something sarcastic since we don’t have to deal with repercussions of  a stressed relationship.

Just remember that our seemingly justifed bitter comments back at them can only alienate people more and it does nothing to create an awareness of invisible illness. But who of us doesn’t relate with wanting to say a few of these things on the list below?

The most telling comment I read was from a woman who simply said, “I wonder why they can’t see my pain in my eyes?” It’s a good reminder that though we sometimes think the world should accommodate our emotional needs, who around us is hurting for other reasons (divorce, loss of job, loss of loved one, etc.) and they are wondering about us, “Why can’t she see the pain in my eyes?”

Be sure to add your own at the bottom in the comments section!

1. I am hangin’ in there…
2. I am so blessed. God is so good.
3. Drugs are a wonderful thing
4. I have my good days and I have my bad days.
5. I clean up well.
6. I have my ‘good’ days….but this isn’t one of them!
7. Thanks, I wish I felt better.
8. That’s a perfect example of how you can never judge a book by it’s cover.
9. Thanks, but there are many aspects of MS which you don’t see … would you like to know more about it?
10. That’s what most people think since pain can’t be seen most of the time. Have you heard about Invisible Illness Week? It’s really helpful to let people now that most illness is invisible.
11. I’m trying to appreciate that fact. I know the day may come when I have to use a wheelchair or a cane, and my illness will be more visible.
12. You should be on the inside.
13. Thanks. I have more to be grateful for than I have to complain about - which means I have a LOT to be grateful for!
14. Well I guess I did good job on my makeup, because I am having a hard time to tell the truth.
15. …And that’s all that really matters, isn’t it?
16. Powder and paint, make you what you ain’t!
17. It took a lot of work to look like this.
18. It’s God shinning through me
19. It’s nice of you to think so, but you’re missing the pain and agony that I really am in.
20. And you look so wise. Looks can be deceiving though, huh?
21. I’m having a “good face” day.
22. Yeah. My kid thinks it’s cool I’m an ill person working under-cover!
23. I do a great job hiding how I really feel.My life is still very challenging and probably will always be, but I am hanging in there, keeping a positive faith, and gratitude as THE attitude. Thanks for their concern.
24. I’m trying my best to do well OVER my circumstances instead of being under them!
25. It’s up and down.
26. I’m still struggling, but it IS nice to have a day when I am able to pull myself together and make it out of the house!
27. I’m not complaining about my looks.
28. I’m very good at pretending.
29. Good, because if I looked like I feel it would scare you to death.
30. Actually, I still am really hurting…
31. I am 36 years old outside but 85 inside
32. Thank you. I’m on my way to the Oscars.
33. Thanks, I’m grateful for this good day.
34. Things aren’t always what they seem.
35. Praise God, I’m glad that he enables me to look so much better than I feel.
36. Thanks, that’s God’s joy shining through!
37. Have you ever heard of the spoon theory?
38. I am upright which is better the alternative
39. Thanks, want to swap bodies for a few days?
40. Thanks, I guess I am fortunate that I have an illness that can’t be seen.
41. Thanks. I like good days.
42. Want to step inside my skin?
43. It’s amazing what a shower can do. I guess I am all cried out for now
44. Thanks…I wish I felt it!
45. I’m not complaining about my looks.
46. I’m very good at pretending.
47. Looks can be deceiving (and smile)
48. Thank God for makeup!
49. Thank you for caring. I try to act like I feel better than I really do.
50. Thanks, I am trying to even though it will never go away. i just try to remember things could be worse.
51. I’d be great if it wasn’t for the pain.
52. I’d complain but who wants to listen.
53. If I can’t feel good, at least I am determined to look good!
54. I’m in good shape for the shape I am in!

What do you say? Or what would you say if you could say anything (keep it clean!)

* This list can be reprinted. Please add the following at the end:
This list is compliments of National Invisible Chronic Illness Awareness Week at www.invisbleillness.com, based on a survey of over 1200 respondents. Get involved in Invisible Illness Week each year during September, including our 5-day virtual conference online.

Popularity: 56% [?]

Study Surprisingly Shows that Chronic Illness is a Taboo Subject

It seems like every where we turn someone is giving us advice on how to treat or cure our illness, what doctor to see, what new potion to drink, or what pill to swallow. Evercare recently did a study on health advice, however, and as someone with a chronic illness you may be surprised to hear the results!

[October 11, 2007 08:40:42 PM PST THURSDAY, Oct. 11 (HealthDay News) ]

– Along with taboo topics such as politics and religion, many Americans are reluctant to discuss managing a chronic illness with family or friends, according to a new survey of more than 1,000 adults.

The survey, released Oct. 11, found that 82 percent of respondents said they knew someone with a chronic illness, but only 34 percent were likely to suggest ways for this person to better manage their care. That’s about the same number who said they’d debate politics (37 percent) or religion (33 percent) with a loved one or friend.

Respondents were more likely to discourage friends or loved ones from buying the wrong house (65 percent), loan them a large amount of money (56 percent), advise them against taking a job they didn’t think was right for the person (48 percent), and tell them their spouse was unfaithful (41 percent).

The survey was released by Evercare, a provider of health plans for people who have chronic illnesses, are older, or have disabilities.

The reasons why many Americans are reluctant to offer advice to chronically-ill friends or family include:

• They think the person has the situation under control (66 percent); they are not a health care professional (31 percent)
• they don’t want to seem like a nag (31 percent) or rude (29 percent)
• they don’t believe the person would listen to them (27 percent)

• they didn’t think the matter was that important (15 percent).

Other findings:

Twenty percent of respondents said their spouse was the easiest person to give advice to about health, followed by a child (20 percent), mother (13 percent), and father (5 percent).

Most respondents said they’d prefer to receive advice about managing a chronic illness from a health care professional (67 percent), followed by a spouse (10 percent) or parent (7 percent). Men were twice as likely as women (14 percent versus 7 percent) to have their spouse give them such advice.

Men have an easier time offering health advice to their spouse (28 percent) than women (19 percent). Women have an easier time offering health advice to their children (24 percent) than men (16 percent).

Thirty-four percent of respondents said the person closest to them with a chronic illness is a parent (34 percent), followed by another relative (16 percent), spouse (14 percent), friend (11 percent), sibling (8 percent), and child (6 percent).

Evercare offered tips on how to help family or friends with a chronic illness:

Talk to them in order to get an understanding of their goals. Get the conversation started by discussing events or activities they used to enjoy or future events they want to be part of, such as a family reunion. Once you understand their goals, you can help them achieve them along with health care providers, doctors or community service agencies.

Appoint an “ambassador” — someone your friend or loved one feels comfortable talking with and respects enough to heed his or her advice. This person can help your friend or family member manage their condition.

Increase your comfort levels by educating yourself about the person’s chronic illness. This will make you feel more comfortable speaking with them about the condition and reinforcing the advice the patient has received from their doctors.

Popularity: 26% [?]

You Know You Have a Chronic Illness When…

Let’s face it. . . chronic illness can have its humorous moments if we look for them. Feel free to add yours below in the comments. We’d love to giggle along with you!

• You bawled when the television show ER went off the air because it was the only TV show where you actually felt like you understood all the technology talk.
• When you hear the term “Club Med” you automatically think of the hospital.
• When you are in the hospital you keep imagining people being intimate behind closed doors because you’ve watched too many episodes of Grey’s Anatomy.
• You ask your child to open the “child-proof” bottles of medicine because your hands are too sore.
• Your medical records have to be transported on a cart.
• To entertain people at parties you recite the side effects of medications as if you are the voice over on a commercial.
• Your favorite Oprah program is when Dr. Oz is on.
• The pharmacist brings your medications to the counter without you having to give him your name.
• To get rid of boredom on road trips, your whole family can go through the alphabet and name a drug that starts with each letter of the alphabet.
• When you’re unable to sleep because of pain, you watch “The Jerry Springer Show” or a “The Real Housewives” and feel like you actually have a life.
• Your spelling has improved dramatically, especially on words like “fibromyalgia” and “osteoporosis.”
• When anyone around you has an accident you have a complete First Aid kit of bandages, ointments, sanitizers, etc.
• Or you’ve been “Around the World in Thirty Minutes” with CNN’s Headline News 57 times in one sitting.
• You earn $20 cash back a month from your pharmacy’s bonus points.
• You have a panic attack in public and say, “Praise God this is only the fourth one today!”
• You’re invited to the wedding of the gal who works at the hospital lab.
• Someone says, “You are looking so good” and it actually makes you feel a bit frustrated, rather than flattered.
• You’re child thinks watching you do injections of medication is “cool.”
• You have a flashback and don’t know what happened and can honestly say, “I don’t know where I was or what I was doing but I’ll make something up if you’d like.”
• You carry hand-sanitizer with you everywhere and aren’t afraid to use it.
• You shake hands with your left hand so it throws people off enough that they don’t squeeze your hand.
• You know every scripture about healing and can finish people’s sentences when they try to quote them to you.
• The teen children of your friends call to see if they could interview you for a paper in their health class.
• It’s more fun to find “cute pajamas” than actual clothes.
• You actually enjoy talking to telemarketers because they can’t really hang up on you and you can use them for a therapy session.
• You leave up “Get Well” cards on your mantel for months because… you’re still hoping the well wishes come true.

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Copyright, Lisa Copen, Reprint permission granted if the following is included:

Reprinted with permission of author, Lisa Copen, Copyright 2009. Find out more about National Invisible Chronic Illness Awareness Week and their 5-day virtual conference at http://www.invisibleillness.com

Popularity: 23% [?]

What Awareness Colors Mean for Health

Wondering what awareness bracelet colors are for what health problem?

Illness awareness bracelet wristbands are available in nearly every color and in silicone, rubber, and plastic. If you’re interested in supporting your specific’s illness cause, do a search on the internet or check with your local health organization.

AIDS - Red
Allergy - Gray
Alzheimers - Purple
Arthritis - Blue
Asthma - Gray
Autism - multicolored puzzle pieces
Brain Tumor - Gray
Burn awareness bracelets
Childhood Depression - Green
Colitis - Purple
Crohn’s Disease - Purple
Cystic Fibrosis - Purple
Depression - Green
Diabetes - Gray
Juvenile diabetes awareness bracelet
Disabled Children - Gray
Distonia - Blue
Eating Disorder - Light Blue
Emphysema - Gray
Endometriosis - Yellow
Environmental - Green
Epidermolysis Bullosa - Red
Epilepsy - Purple
Eye Injury - Green
Fibromyalgia - Purple
Graves Disease - Light Blue
Headache - Burgundy
Heart Disease - Red
HIV - Red
Hodkin’s Disease - Purple
Homeopathy Awareness- Emerald Green
Hospice Care - Burgundy
Invisible Illness - Silver or Gray
Irritable Bowel - Light Blue/Purple
Kidney Disease - Green
Kidney Transplant - Green
Leimyosarcoma - Purple
Leukemia - Orange
Liver Disease - Yellow
Lung Disease - Gray
Lupus - Purple
Lyme Disease - Green
Lymphedema - Light Blue
Lymphoma - Purple
Macular Degeneration - Purple
ME/CFIDS - Blue
Melanoma - Black
Mental Health - Lime Green
Mental Illness - Gray
Mental Retardation - Green
Migraine awareness purple bracelet
Multiple Myeloma - Burgundy
Multiple Sclerosis (MS) awareness bracelet - Gray
Myasthenia Gravis - Light Blue/Teal
Organ Donor - Green
Parkinson’s Disease - Gray
Pulmonary Hypertension - Purple
Reflex Sympathitic Dystrophy - Orange
Retinoblastoma - White
Reye’s Syndrome - Blue
Rhett Syndrome - Purple
Sarcoidosis - Purple
Scleroderma - Light Blue
Self Injury - Orange
Spinal Bifida - Yellow
Thyroid Disease - Light Blue
Tissue Donation - Green

Cancer awareness bracelet colors

Cancer awareness - Purple or Yellow
Bladder Cancer -Yellow
Colorectal Cancer - Brown
Colon Cancer - Brown
Bone Marrow - Green
Bone Cancer - White
Brain Cancer - Gray
Breast cancer (silicone or rubber) - pink awareness bracelet
Lymphoma cancer
Colon cancer awareness bracelet
Esophageal Cancer - Light Blue
Gynecological Cancer - Purple
Kidney Cancer - Green
Lung cancer - gray
Ovarian Cancer - Light Blue/Teal
Pancreatic Cancer - Purple
Prostate Cancer - Light Blue
Testicular Cancer - Pink

Popularity: 43% [?]

When Your Spouse Doesn’t Believe You are Ill

The doctor couldn’t find anything wrong with her, despite her complaints about pain and extreme fatigue. He left the room and her husband came back a few minutes later.

Hi, Honey,” she replied to her spouse, as she carefully reached out for his hand. But he didn’t reach out to take her outstretched hand; he just let it sit there empty on the scratchy hospital blanket. He looked at her with tired eyes, full of frustration.

“The doctor said that there is nothing wrong,” he said. “I think maybe you’ve just been making all of this up the last year.”

She was heartbroken and pulled her hand back. He was her lifeline, the one thing that was getting her through all of this. He was the only person who she trusted would always believe her, understand and offer love and sympathy. And now he thought she’d been deceptive, lying about her pain.

Unfortunately, this scenario is a true story… and all too familiar for many couples. Illness can have a devastating effect on relationships, especially when it is invisible, difficult to diagnose, and hard to even understand. So what’s the answer if your spouse doubts that you have an illness? While there are no easy answers or tips that will guarantee results, here are a few ideas to make the journey easier.

1. Pray. Rather than praying as a last resort, start praying first. Ask God to give your spouse wisdom and discernment, especially regarding your illness. Pray that God will send people into your spouse’s life that can be a godly influence, such as other spouses of people with illness. Pray for a diagnosis so that you can have the benefit of the medical world on your side.
2. Allow your spouse some time to see that the illness is real. Don’t expect him/her to be convinced by what you say. Let him/her see how you are over a period of time.
3. Surround yourself with supportive people who do understand that you have an illness and it’s implications. Join a support group or a womens bible study. Ask for prayer for your marriage. Let others encourage you and stand by you when you need the emotional support. See a pastor if you need to talk to someone about your marriage and the effect his or her doubts are having on the relationship.
4. Refrain from trying to do more than you should physically. Every time you do too much you are sending signals that you are able to do more, even though only you will know how much you will pay for it later in pain.
5. Do the research on your illness or symptoms and continue to fight for a diagnosis. If you already know what your illness is, get as much information on it as possible and keep well-informed.
6. Invite your spouse to accompany you to a support group meeting, a workshop or conference on your illness. Explain to him that you just want to find out more information about this illness, and that he might find it interesting.

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Reprinted from …And He Will Give You Rest, Volume II, Issue 9. © *Now called HopeKeepers

Popularity: 25% [?]

Winning Your Disability Case in 3 Words

In a disability case, almost any symptom or limitation can be disabling; but to determine whether they preclude work, the relevant questions are how frequent, how severe, and how long do they last?

A critical point I make to people who contact me everyday is that their disability case is won or lost based on symptoms/limitations and not on their diagnosis! Clearly, under federal law, a disability claimant has to have a legitimately diagnosed physical and/or psychological disorder to even allege disability, but this is only the beginning of the analysis.

Disability cases are almost always won or lost based on the quality (documentation) of your medical records and the subsequent opinions rendered by your treating physicians regarding your ability to sustain full-time employment. The documentation of symptoms and limitations in your medical records is critical as it provides tremendous credibility to and an understanding as to why your doctors’ have concluded you are unable to work.

Once a diagnosis is established, the disability inquiry immediately shifts to why you are unable to work due to the symptoms and limitations that result from the diagnosis. I tell my clients that of the total time spent in a disability hearing before a federal judge, 5% is spent on the diagnosis and 95% is spent determining the frequency, severity and duration of symptoms and limitations, and whether they prevent all work. Ignoring this fact places the success of your claim in great peril…don’t ever forget this!

A common problem disability claimants frequently make is having “tunnel vision” and focusing solely on their diagnosis, as if the fact they have been diagnosed with a disorder automatically confirms they are disabled and entitled to benefits. This is especially true of people suffering from chronic pain and fatigue disorders such as fibromyalgia and chronic fatigue syndrome. I believe this is true because these folks have almost universally been sent on an “odyssey” by the medical community, simply to obtain a diagnosis.

Never forget that obtaining a physical and/or psychological diagnosis is the very beginning, and not the end of your disability case.

Thus, the question becomes, “How do I document the frequency, severity and duration of my symptoms and limitations?”

Tip #1: What should I be Documenting? Simply put, whatever it is that prevents you from working. For example, let’s use chronic pain and fatigue. It is critical you distinguish why the pain and fatigue is different from what an average person may experience. If I say “I am in pain and fatigued,” that does not tell you much. Why? From time to time we all experience some degree of pain and/or fatigue. But if you tell your doctor “I am unable to function as I experience severe daily pain and exhausting fatigue lasting most of the day without relief,” or “I am unable to function 2 days per week due to migraine headaches that last all day even with medication,” now you’ve given the doctor and a judge an idea of why your symptoms are so debilitating.

Tip #2: Obtain a Copy of your Medical Records from your Treating Physicians

After you have followed Tip #1, the next question becomes, “Did the doctor write down what I just told him/her?”

I am often surprised at how many people applying for disability benefits have never seen their medical records. Obtaining a copy of your current treating physician’s records is important because it will give you an idea of whether your symptoms and limitations are being recorded. You may be surprised to find that your complaints do not appear in the records or if they do, the doctor’s notes are totally illegible! Illegible handwriting is a real problem, because judges who decide your claim are just like you and I, they don’t (and generally won’t) try too hard to decipher what the notes say.

If you are not satisfied with the documentation, address the issue tactfully with your doctor and explain the importance of documentation to your disability case. If they are receptive, I suggest you give them a copy of this article for reference.

Tip #3: Keep A Short Diary of Your Symptoms and Limitations before your next Visit to the Doctor

Whether you know it or not, your daily lives tell a compelling story about your inability to work. But how do you remember the frequency, severity and duration of your symptoms especially if you can’t spell your name at times!

I advise clients to keep a short and simple diary one week before their next visit with their doctor. For simplicity sake, the entries should short and not detailed (otherwise you will not do it). On a day when you were unable to get out of bed due to pain or fatigue, document it. Or document when you slept for only three hours the night before and then took a couple of naps the next day. Or document the migraine headache that lasted for two days in spite of medication.

Then, on your next doctor visit, when he/she asks “How are you doing?” you will have a laundry list of symptoms and limitations rather than giving them a blank stare!

Of course, winning your disability case is more complicated than this article has the time for; however, following these tips will significantly increase your odds of winning.

Best of luck to you and remember to keep fighting for the benefits you deserve!

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© Copyright 2002, Scott E. Davis, P.C., Used with Permission
All Rights Reserved Worldwide

Scott E. Davis is a social security and long-term disability insurance attorney in Phoenix, Arizona. Mr. Davis represents clients throughout the United States. Although Mr. Davis has experience representing clients with a broad spectrum of physical and/or psychological disorders, the majority of his disability practice is devoted to representing individuals with chronic pain and chronic fatigue disorders.

In almost every case, a fee is charged only if his client obtains benefits. Mr. Davis invites your questions and inquiries regarding representation via his web site.

Popularity: 18% [?]

When Friends Turn Away

In my life friends have come and gone like autumn leaves in a fall rainstorm; momentary blazes of color, until the ill-wind blows. With every leaf that fell from my fragile friendship tree, they drained the sap of life from my very heart. I struggled to protect myself from the onslaught of good intentions that lacked the conviction and perseverance necessary to stand by me in the darkest, bitter storm blast.

Fair-weather friends and even family spoke of help and encouragement, but they grew weary in the day-in and day-out nurturing of my life. I grew afraid to seek the sun, or trust a kindly word, because when the novelty of my illness wore off these friends became phantom memories, as elusive as a cobweb in the sun.

But when the tears were dry and the trust was gone, God sent you, Jesus, an unexpected breath of fresh air in the midst of the stagnant emptiness. And in time I learned that we were as alike as we were different, and the differences only added body to our friendship.

You really cared and suddenly I wasn’t alone anymore. You will never know how often the sound of your voice helped me to face one more pain-racked day. There have been so many times that I just wanted to die and you provoked me to live. You have been a much better friend to me than I to You and I am so grateful that God sent me the gift of your friendship. So often you are the still, small voice that God has used to motivate me just one more time.

I do not know how to properly or adequately thank you for the gift of your friendship. Words seem insufficient and there is so little I can say. But I hope that you know how grateful I am and I hope that my life reflects in some way just how thankful I am. You are precious beyond measure. You are my best friend, Jesus.

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Reprinted from ...And He Will Give You Rest, monthly support newsletter, Volume I1, Issue 8. © 1998.

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Making Desireable Changes

Health problems and symptoms, with the possible exception of pure genetic disorders, carry a signal to change. Even the flu tells us to rest and take Vitamin C. The message can be as obvious as, “get better shoes,” if our feet hurt, or it may be hard to decipher.

It can relate to an internal issue, like a headache that means, “Stop trying to be the perfect mother, already!” Or it could be telling us about an external change, like asthma that means, “Get the mold out of this apartment or move away!” Changing such harmful situations makes it possible to achieve higher states of wellness.

We usually think of health changes in terms of diet, exercise, rest, and a few other areas, but a whole range of life factors come into play. These modifications can be huge decisions, like leaving a miserable relationship, or simple choices, like a better mattress to sleep on, or cutting down on coffee. Even small changes can have large payoffs.

By giving us a sense of control, they set the stage for further growth. It doesn’t always matter much what change we decide to make. Just doing something, anything, for ourselves, for our bodies, makes a huge difference.

How change works
To help us survive when life was much more dangerous than now, our brains learned to like things they’ve gotten used to, even if they’re awful. So it’s normal to fear change to some degree, but the actual process of change is pretty straightforward. Here are some guidelines:

1. The best changes are things you want to do, not things someone else tells you to do. In Stanford University’s Arthritis Self-Management Program, each participant has to make a weekly action plan. One woman, Martha, planned three weeks in a row to do more walking, and never did it. Finally, the truth came out. She said, “I don’t really like to walk; I just thought I should.” Substituting another form of exercise got her going.
2. You need to believe that the change you plan will actually help. If you need convincing, talking with others who share your issues, reading books and articles, or listening to your doctor can provide evidence of effectiveness.
3. Changes should be realistically attainable. People tend to want things to go too far, too fast. They turn self-care into a form of self-abuse. “I will run on the treadmill an hour a day.” “I want to lose 100 pounds in three months, like that person on the TV ad.” Good luck! We have much better chances if we make changes that feel good as we go along, and set realistic timetables.
4. Start small, breaking large goals into achievable chunks. It is far better to start with a less ambitious goal and achieve it, then to shoot for some gigantic transformation and fall short. The first pattern leaves you feeling good about yourself and ready for more; the second makes you want to forget the whole thing.
5. There will be ups and downs. The great leap to fitness, the steadily improving ability to speak up for ourselves, or the sudden, permanent adoption of a healthy, natural diet; these things do not happen often. In real life, there are good and bad days, good and bad weeks, even months. Coming back from the bad patches is part of the process.
6. For change to be worth the trouble, our lives have to be worth living. If we don’t have a reason to get out of bed in the morning, it really won’t matter how healthy we are, will it? So look for ways to get more pleasure, more purpose, and more fun into your life. Some people say that being healthy means giving up everything you like. They have it completely backward. Give up the things you don’t like, and appreciate the heck out of the things you do. One good place to start is by rewarding yourself when you do something positive for your health. For example, after you exercise, you might want a long, hot bath, just to enjoy.

Change happens when we’re not looking. We work and work toward getting in shape, say, or being more disciplined about finishing what we start. Nothing seems to happen for the longest time. Then one day, we notice that we are not getting tired nearly as fast. We’re breathing easier, feeling better. When did it happen? Probably, it happened when we stopped watching. When we give up the need for miracles is when miracles happen. And in the field of self-motivated behavior change, miracles happen every day. If you keep these guidelines in mind, they can happen for you, too.

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By David Spero, RN. Adapted from the book, “The Art of Getting Well: Five Steps to Maximizing Health When You Have a Chronic Illness.” David Spero, RN is a 51-year-old nurse, journalist and health educator living in San Francisco. In 1989, as a father of two young children, he was diagnosed with multiple sclerosis. He struggled for years before beginning to absorb the lessons of his illness. Continuing to work part-time and raise a family, he utilized such practices as yoga, swimming, meditation, psychotherapy, and guided imagery, and made several other life changes to optimize his physical, mental and spiritual condition.

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