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I'm going to have a SSD interview some time in the future

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sakabatou Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Oct-18-09 05:20 PM
Original message
I'm going to have a SSD interview some time in the future
What can I can expect in the interview?
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marybourg Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Oct-18-09 06:21 PM
Response to Original message
1. To be denied . Best to get a lawyer, one who specializes in SSD to
present your case. You don't pay until you collect.
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nosmokes Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Oct-18-09 06:52 PM
Response to Original message
2. Yes, they will likely deny your initial claim but I recommend against the att'y
and here's why: you'll end up paying 25% of your disability payments while you appeal is handled by a representative from the atty's office, who is probably not an atty or even a paralegal. In fact you'll be lucky if this rep is licensed as anything. The appeal process takes about a year which is approximately how long your state disability should last, give or take a few weeks.

The alternative is doing some foot work in the form of phone calls to SS and finding a sympathetic social worker or two who know the system. The key is using language and terminology that SS deems necesary to find you *disabled* for your particular disease/condition. If you know the magic code you could be fit as a fiddle and get approved. Conversely, you can be at death's door and if the doctor doesn't use the correct wordage in his report to SS you're gonna be denied. That's why this entire cottage industry of SS disability attorneys exist, because just about everyone is denied first time through.

All in all the system is designed to reduce you to poverty and take away any shred of dignity you may have thought you had left.It does give you just enough money to subsist and if you have some other source of income then you might even be OK, but if you're living close to the bone, losing that 25% of what little you're entitled to can smart.The info is out there for you be successful w/o the att'y. good luck!
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sakabatou Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Oct-18-09 08:17 PM
Response to Reply #2
4. We have someone on my side who's worked with these people before
and recently I've been keeping my own diary.

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wellstone dem Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Oct-18-09 07:40 PM
Response to Original message
3. Focus on your limitations
What you can't do now that you used to do. Think carefully about this, don't be afraid to say "I don't know if you aren't sure." It is better to not know then to lock into an answer like "I think I can lift 20 pounds" when you haven't even tried to lift 20 pounds in 2 years. If they ask your hobbies, be sure to say when the last time you were able to do the hobbies. If they ask how often you go out, be sure to tell them all the times you've had to cancel plans because of pain, depression, etc. Be sure to list every impairment.

Get documentation of everything. Depending on your disability, get written statements from neighbors or friends that now have to help you out. If you are in pain, keep a pain diary, so that it is clear when you are missing sleep, having to stay in bed, needing to lay down, etc. IF AT ALL POSSIBLE, GET A LETTER FROM YOUR TREATING DOCTOR. That letter should explain how long the MD has treated you, tests that have been performed, and the doctors opinion, based on those tests, about your limitations. GET ALL MEDICAL RECORDS.

If you are denied, you will need to ask for reconsideration. After reconsideration, you need to ask for a hearing. If you go to a hearing, be sure to get a lawyer, the lawyer will get 25% of your back benefits if you win. Should be no legal fees, as opposed to costs such as getting medical records, if you lose. Your odds of winning go up from 50% to 70 or 80% with a lawyer. (At least those were the stats a few years ago. I actually think the chance of winning now is less than 50, but the margin between with a lawyer and without a lawyer is probably about the same.)

good luck.
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jwirr Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Oct-18-09 09:19 PM
Response to Original message
5. It is a good idea to get information regarding the person your interview
is with because some just automatically say no. You can ask for a change if you hear negative things about your interviewer. I had a advocate help me and they knew who to avoid.
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sakabatou Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Oct-19-09 11:38 AM
Response to Reply #5
6. Thanks
My advocate also got her daughter to get SSD and succeeded.
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newfie11 Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-23-09 07:26 AM
Response to Original message
7. I was approved the first time
I filled out all the paperwork at home.
I had copies of all radiologist reports
I had copies of all my medical doctors notes
I had already had a Residual Functional Capacity (RFC) and had the results.

It was a very quick interview as I handed her all the required paperwork and we left after about a 10 minute interview (m0st of that time was the gal scanning my information I brought.

I STRONGLY suggest you do all the paperwork at home so you are not stressed. It took me 2 weeks to fill out all the forms (keep copies of EVERYTHING)

Also I STRONGLY suggest you have an RFC done if you haven't already. That is EXTREMELY important.

Good luck to you!!!
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pengillian101 Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-24-09 10:39 PM
Response to Reply #7
9. I STRONGLY suggest you do all the paperwork at home
I agree!
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pengillian101 Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-24-09 10:36 PM
Response to Original message
8. Just be truthful in what you can no longer do.
In my case, they required three doctors who verified my condition. Done deal. Approved on first application.

I never wanted to give 25% to a lawyer for help. It took 2 years to get the determination. I was lucky, for certain, in that my partner carried me financially for 2 years.

Best to ya! :-)
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happyslug Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Oct-25-09 10:43 PM
Response to Original message
10. You will be asked the names and addresses of any and all Medical people you have seen
Edited on Sun Oct-25-09 10:49 PM by happyslug
That includes Doctors, Clinics, Hospitals, Testing cites etc. I would recommend you find out these medical providers current name and address. This is for SSA to get the data to support or reject your claim. Remember, while SSA has the duty to get those records, the burden of proof is on your, so provider SSA with the list of ANYONE and EVERYONE you had medical treatment with over the last 20 years (Especially medical providers treating whatever is making you disabled).

Second, SSA wants a list of all of your employers for at least the last 15 years (And often goes further back then that). You should get that information before you go (Write it down or print it out of a word processor) AND what did you do in that job. This is important for SSA has a five step process to determine if you are disabled. I have written about it before For example on this DU Disability thread:

The five step goes into what you did before and what you can do NOW. Different rules apply when you turn age 50 and age 55. To apply these rules Social Security MUST know what you can do now and what you did in the past. The best person to get that information from is you. Please note, the test for Social Security Disability is NOT do you have a disability, but does that disability prevent you from working? People who can return to the same type of job as they did in the past 15 years even with the disability are NOT disabled for Social Security Disability purposes. Give them the list (they will check it with you Social Security taxes paid, so list them all) and say why you do not think you can do that TYPE of work (The test for Social Security Disability is NOT being hired for a job, but your ability to do that TYPE of job as it is normally performed in the National Economy).

You should also take your Birth Certificate (Age is a factor) and information on your wife and other potential "survivors" (Through this is often not used till you are ruled disabled).

Remember what SSA is to know WHERE to get the data on your medical problem AND the restrictions those medical restrictions put on you. They want to see if you can continue to do full time employment that exist in substantial numbers in the National Economy (Which includes your past employment, so write it down and HOW you perform the job).

Now I always tell Clients to write down the actual Job name and description AND what you did while doing that job. The reason for this is many businesses (and people) use names for certain jobs that mean something else in the actual government data on jobs. For example a lot of people are called "Carpenters" but that can be one of two jobs, a "Rough Carpenter" who does construction work (This is a heavy semi-skilled job with few transferable skills to other work) AND "Smooth Carpenter" who is a furniture maker, (this is more medium work, as that term is used by SSA, AND skilled, with skills transferable to other light work).

"Transferable skills" is a term used for people with a Skilled job background who can no longer do that type of Skilled work but can use those skills in other, less physically demanding, jobs. For example a Diesel Mechanic is a skilled Heavy jobs, but the skills can be transferred to repairing small lawn mower engines (Which is a "light" job). Another example are Nurses. Nurses have to be able to carry heavy loads, over 50 pounds and often over 100 pounds when dealing with patients, but can have skills in dispersing medicines and other care related to nursing to do other jobs like a lab tester, which is a light job. Please notes we are discussing "Skills" not "Trait", being nice to customer is a "Trait" NOT a "Skill".

I bring this up for a lot of people list job names and then when I talked to them the job they did IS not the Job SSA said they could return to (or had skills from that they can transfer to other jobs) so list what you did and your education for that job (And what education you had, including any collage you may have gone to, any schooling you went to etc, it will all come up later on so list them NOW).

Please note I would recommend you take a list of each of the above with you to the meeting. You may have to write them again on SSA forms, but that fact you have then already will speed up the process. Remember the purpose of the Meeting is NOT to determine if you are disabled, but where SSA can go to get evidence on that disability AND where they can get information on what you can do (part of which is from you). The real key is NOT how much data you get SSA to obtain, but for SSA to get the evidence that supports your claim you are disabled and can not work.

One last Comment, I do NOT believe you need a lawyer when you make the application, but if you are denied, file the appeal and look for a lawyer. You have only 60 days to file the appeal, and the sooner it is filed the sooner you will have a hearing (In my area they are running over a year AFTER the appeal has been filed). They is not much the attorney can do on the appeal except to make sure the medical record is complete (At the hearing that is a different story, but I am talking about the appeal itself). The attorney can send to SSA any medical data he or you finds out was not in the Medical file after you have contacted the attorney, but only if the appeal was done within the 60 day period. If you have filed the appeal that is one less thing the attorney has to make sure was done within the 60 day period and can spend more time trying to make sure all the medical record was actual obtained by SSA.

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happyslug Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Oct-26-09 07:53 PM
Response to Reply #10
11. I forgot one thing, the list of your Medications and their side affects
NOT all of the POSSIBLE side affects, but how the medication is affecting you. For example I had a case where a woman was on blood thinners do to her heart condition. All told her heart conditions, as treated (And Social Security will ONLY consider any disability as if fully treated) did NOT make her unable to hold a job EXCEPT during her period, where the blood thinners forced her to stay in her bed for 3-4 days a month. The Vocational Expert (VE, every hearing by an Administrative Law Judge almost always have a VE present to testify as to what jobs exist) testified that if an employee would miss more then 1-2 days a month FOR ANY REASON, they were no jobs such a person could hold (i.e. employers would fire her for missing to many days of work). The Administrative Law Judge then took testimony to rule her disabled.

The key was, while the Blood Thinner made it possible for her to do job related activities, the same blood thinners forced her to miss 3-4 days of work a month and for that reason she was unemployable. The key was the Side affect of the Medications for her disability and it is the side affect that that prevents one from working that SSA is looking for. List any and all side affects you or others have observed of what ever medications you are taking. Remember the key is NOT possible side affects, but the side affects affecting you and how that prevent you from working.
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DesertFlower Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-02-09 12:29 AM
Response to Original message
12. i never had an interview.
it was done by phone and mail. i was denied the first 2 times even though 4 docs said i couldn't work. finally i got an attorney and had a hearing before an administrative law judge. i won my case and collected the money retroactively. that was back in 1992.
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WCGreen Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-28-09 07:48 PM
Response to Original message
13. I think it all depends on what your disability is..
I had no problems. In fact, once I was diagnosed with a disease oriented COPD instead of a smoking oriented COPD, I received my lump sum within seven months. You still have to wait some length of time before you are eligible for medicare.
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sakabatou Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jan-05-10 09:00 PM
Response to Reply #13
14. Autism
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