Not all areas take that long. Where I live there was just a problem with a judge who was investigated, so I think that tied up the courts. I had no choice but to quit work, so we have had to make a lot of financial adjustments. I wish I had saved and prepared better when I was working. It's cruel really the way disability is handled, especially considering we are told to "manage stress".
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Any testing to prove CFS for disability
- Thread starter Cshell
- Start date
Thank you for the truth. I wish I knew this. It would have made it easier to accept the wait if I had known up front. I'm so sorry it took so long for you! Congratulations on enduring through that. I don't know if I have the strength to fight that long.
You may get lucky, Cshell, so don't despair before you have to. My wife also has CFS. She was scheduled for a hearing before an ALJ, but the ALJ took one look at her file and approved her claim without even talking to her...yet her paperwork was far sketchier than mine was, and she applied quite a few years before I did, when CFS was even less accepted. Just hope you get an ALJ who is sympathetic to CFS.
caledonia
Senior Member
- Messages
- 4,610
Here is a link from Mass CFIDS on the new determination letter from SS:
https://www.masscfids.org/resource-...fsme-social-security-disability-claimsreviews
The determination letter has the "rules" that your judge will look at. So try to provide evidence for all of the rules that you can. Your lawyer should be familiar with this letter.
The abnormal labs and tests and a doctor's diagnosis will show that you have CFS. I had a few tests like a high EBV titer and abnormal thyroid as well as my doctor's diagnosis.
BUT what they really want to know is, can you work full time 40 hours a week 52 hours a year? In theory, you could have no diagnosis at all and still get approved as long as you can prove you can't work.
Have your doc write a letter saying that you not only have CFS, but that you're unable to work.
Then get some testing to prove you can't work:
For this you need a Functional Capacity Evaluation (FCE). This will show how fatigue and pain affect your ability to work. You can provide your own testing or SS may send you to one if you didn't provide one and can't afford one. Talk to your lawyer about that.
You can also do a Neuropsych test which shows how cognitive dysfunction affects your ability to work. Again you can provide your own or SS might send you to one. It can also pick up on anxiety or depression. This is fine as long as you're not applying for Long Term Disability through your employer.
I had both the FCE and Neuropsych tests done. Luckily, I still had medical insurance, so my insurance paid for that.
Then you also want to provide a record of continuing disability. You do this going to see your doc every three months while you're waiting for your hearing. Have your doc document that you continue to be disabled. My lawyer had a nifty form for my doc to fill out for this purpose.
My judge liked this last evidence the best. I was able to be approved "on the record" without having to go to a hearing.
https://www.masscfids.org/resource-...fsme-social-security-disability-claimsreviews
The determination letter has the "rules" that your judge will look at. So try to provide evidence for all of the rules that you can. Your lawyer should be familiar with this letter.
The abnormal labs and tests and a doctor's diagnosis will show that you have CFS. I had a few tests like a high EBV titer and abnormal thyroid as well as my doctor's diagnosis.
BUT what they really want to know is, can you work full time 40 hours a week 52 hours a year? In theory, you could have no diagnosis at all and still get approved as long as you can prove you can't work.
Have your doc write a letter saying that you not only have CFS, but that you're unable to work.
Then get some testing to prove you can't work:
For this you need a Functional Capacity Evaluation (FCE). This will show how fatigue and pain affect your ability to work. You can provide your own testing or SS may send you to one if you didn't provide one and can't afford one. Talk to your lawyer about that.
You can also do a Neuropsych test which shows how cognitive dysfunction affects your ability to work. Again you can provide your own or SS might send you to one. It can also pick up on anxiety or depression. This is fine as long as you're not applying for Long Term Disability through your employer.
I had both the FCE and Neuropsych tests done. Luckily, I still had medical insurance, so my insurance paid for that.
Then you also want to provide a record of continuing disability. You do this going to see your doc every three months while you're waiting for your hearing. Have your doc document that you continue to be disabled. My lawyer had a nifty form for my doc to fill out for this purpose.
My judge liked this last evidence the best. I was able to be approved "on the record" without having to go to a hearing.
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caledonia
Senior Member
- Messages
- 4,610
If you happen to get denied at the ALJ level, I believe the advice is to both appeal the denial and start a new application. That way you're covered in case the appeal doesn't work out. Most people get approved at their first ALJ hearing.
Gingergrrl
Senior Member
- Messages
- 16,171
I am posting this trying not to get too excited, but I phoned the SSDI office and was told verbally that I should receive a letter within 5 days stating that I was approved!! (Thank you LORD!!)
Until I see the money, I will remain cautiously optimistic. The man was so nice. He said he wanted to make my weekend so he gave me the news over the phone. It will be 3 years ago next month that I last worked. i hope this encourages those of you who are fighting this battle.
Until I see the money, I will remain cautiously optimistic. The man was so nice. He said he wanted to make my weekend so he gave me the news over the phone. It will be 3 years ago next month that I last worked. i hope this encourages those of you who are fighting this battle.
Congratulations!!!
I am new here, but I wrote this in another forum. This is everything no one ever told me when I got on disability, and everything I think everyone should know.
Hope this helps.
http://www.mdjunction.com/diary/to-...st/good-things-to-know-after-getting-approved
P.S. they are not supposed to tell you that over the phone, but the phone operators there are not too savvy and sometimes they tell people anyway
I am new here, but I wrote this in another forum. This is everything no one ever told me when I got on disability, and everything I think everyone should know.
Hope this helps.
http://www.mdjunction.com/diary/to-...st/good-things-to-know-after-getting-approved
P.S. they are not supposed to tell you that over the phone, but the phone operators there are not too savvy and sometimes they tell people anyway
@caledonia
I appreciated your post above.
May I ask how you got a fce done? Was this completed by a physical therapist? How did you find someone that offered this service in your area?
Also, how did you arrange for a neuropsych test? With a psychiatrist? How did you find someone that offered this service?
Finally, if it is not too private, do you mind sharing the name of your lawyer? I am always interested in learning which lawyers or groups are willing to write OTR briefs - I feel like this is a sign of a good lawyer.
I appreciated your post above.
May I ask how you got a fce done? Was this completed by a physical therapist? How did you find someone that offered this service in your area?
Also, how did you arrange for a neuropsych test? With a psychiatrist? How did you find someone that offered this service?
Finally, if it is not too private, do you mind sharing the name of your lawyer? I am always interested in learning which lawyers or groups are willing to write OTR briefs - I feel like this is a sign of a good lawyer.
caledonia
Senior Member
- Messages
- 4,610
I got the FCE done by a physiatrist (similar to a physical therapist) at a local physical therapy hospital/recovery facility. I don't remember how I found this person. I may have networked via my psychologist. She had a lot of good resources since she had many patients with chronic illness. Maybe you could ask your doctor too.
The main thing is don't pick someone who does these for insurance companies or SS. Pick someone independent.
Probably the same for the neuropsych test. Yes that was with a psychiatrist.
I will send you the name of my lawyer backchannel.
@caledonia
Thank you! This is super helpful. I did not know there was such a thing as a physiatrist. I am going to recommend this to everyone from now on. One of the difficulties with function tests is many people get them done by physical therapists. Social security won't consider it medical evidence if the report is not signed by an MD or DO, so it is of limited help for someone's case. Physiatrist is definitely the way to go. Do you remember if this test was covered by your insurance or you needed to pay out of pocket? Just curious.
The cpet test scares me. I have read stories of a few people here who became permanently debilitated from the cpet. Seems to me like a function test with a physiatrist would be a much better option -- and social security may give more weight to to this evidence then to a cpet that wasn't signed by an MD.
Yes, brilliant advice not to go with someone who performs tests for insurance companies. I wonder how one figures this out. Just call up and ask if they do contract work for insurance companies or ss?
Thank you! This is super helpful. I did not know there was such a thing as a physiatrist. I am going to recommend this to everyone from now on. One of the difficulties with function tests is many people get them done by physical therapists. Social security won't consider it medical evidence if the report is not signed by an MD or DO, so it is of limited help for someone's case. Physiatrist is definitely the way to go. Do you remember if this test was covered by your insurance or you needed to pay out of pocket? Just curious.
The cpet test scares me. I have read stories of a few people here who became permanently debilitated from the cpet. Seems to me like a function test with a physiatrist would be a much better option -- and social security may give more weight to to this evidence then to a cpet that wasn't signed by an MD.
Yes, brilliant advice not to go with someone who performs tests for insurance companies. I wonder how one figures this out. Just call up and ask if they do contract work for insurance companies or ss?
caledonia
Senior Member
- Messages
- 4,610
Yes, I still had insurance from work and it was covered.
I think I asked my lawyer and he knew who worked for insurance companies and who didn't.
If you don't provide these tests, SS may send you to them on their dime to help them make a decision. Of course, they will use people that contract with them. I would worry more about an LTD sending you to one of these tests than SS.