Obtaining all my records & calling a disability lawyer

Well it's been 2 years of this. I am doing much better, but there are still things that I cannot do much of, like drive & work a normal job.

 

I am glad I am not in constant suffering anymore. I am mentioning that here so I don't scare anyone about the length of time this has went on for me.

 

Today I requested the paperwork to be sent to me to fill out to request my medical records from my neurologist and my family doctor. I know I have to be explicit in my written request so I get all of the notes, not just patient discharge summaries. ALL OF IT. I'm also aware there's a fee. I had to do this when I ordered my records for the ER visits when I was injured with Reglan.

 

I know disabilty is hard to obtain. I know you have to try like 2x, and that you can still get denied. I would start by calling a disability lawyer. I've read on here that most use the diagnosis of depression and anxiety to win the case, not necessarily withdrawal. The thing is I was in Ativan tolerance unbeknownst to me when I received Reglan in the ER for a migraine. The Reglan really "rung my bell". I saw my primary care doctor and a neurologist for this. Not sure what was said in the physician notes for those office visits I had with them. Guess I'll find out.

 

I at least want to try. I don't think I'll be able to put this to rest without trying.

 

Anyone tried going through this process? Any input?

I live in the U.S.

I’m in the process, its a bunch of paper work and some phone calls, I was denied 2 times over the phone, but this time they sent me to a government doctor that analyzed me.  No lawyer...as of yet.  Hope I don’t need this very long.

I used to volunteer on a disability forum, and every person I assisted got disability without needing a lawyer. You do not need a lawyer at the initial phase, and you don't need to obtain your medical records, Social Security will do that. I have been on SSDI since 1993. I was not denied. If you are denied, there is an appeals process called reconsideration. Applying for SSDI or SSI is the same process.

 

I need some information. When did you last work? SSDI is for workers who become disabled. If it's it's been a couple years since you last worked, you can only apply for SSI. SSI's income is not a lot, and there are restrictions on assets. In can be very hard to live on SSI. SSDI pays what Soc Sec Retirement pays, based on your average income during your working years, and there are no asset restrictions. If you are unsure of which you should apply for, apply for both. I had to apply for both because it wasn't clear if I had enough work credits (I did because I worked my 1st job at age 14). I had just enough work credits for SSDI.

 

Have you obtained the application from SSA yet? Did it include a form called Adult Function Report? You can find that here:  https://www.ssa.gov/forms/ssa-3373-bk.pdf  Medical records don't guarantee benefits, the Function Report sent to them does. The decision is made by your state's Disability Determination Board. This board is made up of medical professionals and they scrutinize that function report with a magnifying glass. You must detail how your condition limits you, and what the limitations are. The board may decide, at their discretion, to send you to one or more doctors of their choosing, to evaluate the truthfulness and accuracy of the Function Report. They did that with me. You can also have a friend or relative write a letter on your behalf, and sign and date it, to submit with your application. They can say why they believe you are disabled, and give their observations of your limitations. These letter can sometimes be helpful. I had someone do this for me.

 

Basically, getting disability from SSA hinges on that Function Report, the accuracy of the information in it, and the examination from the doctor(s) you are sent to. The job of those doctors is to verify the Function Report. After that, SSA decides whether to approve or deny based on the recommendation of the Disability Determination Board. If denied, you appeal during the reconsideration phase. It's only after the final denial that you need a lawyer to go to court and have a hearing before an Administrative Law Judge. 

I used to volunteer on a disability forum, and every person I assisted got disability without needing a lawyer. You do not need a lawyer at the initial phase, and you don't need to obtain your medical records, Social Security will do that. I have been on SSDI since 1993. I was not denied. If you are denied, there is an appeals process called reconsideration. Applying for SSDI or SSI is the same process.

 

I need some information. When did you last work? SSDI is for workers who become disabled. If it's it's been a couple years since you last worked, you can only apply for SSI. SSI's income is not a lot, and there are restrictions on assets. In can be very hard to live on SSI. SSDI pays what Soc Sec Retirement pays, based on your average income during your working years, and there are no asset restrictions. If you are unsure of which you should apply for, apply for both. I had to apply for both because it wasn't clear if I had enough work credits (I did because I worked my 1st job at age 14). I had just enough work credits for SSDI.

 

Have you obtained the application from SSA yet? Did it include a form called Adult Function Report? You can find that here:  https://www.ssa.gov/forms/ssa-3373-bk.pdf  Medical records don't guarantee benefits, the Function Report sent to them does. The decision is made by your state's Disability Determination Board. This board is made up of medical professionals and they scrutinize that function report with a magnifying glass. You must detail how your condition limits you, and what the limitations are. The board may decide, at their discretion, to send you to one or more doctors of their choosing, to evaluate the truthfulness and accuracy of the Function Report. They did that with me. You can also have a friend or relative write a letter on your behalf, and sign and date it, to submit with your application. They can say why they believe you are disabled, and give their observations of your limitations. These letter can sometimes be helpful. I had someone do this for me.

 

Basically, getting disability from SSA hinges on that Function Report, the accuracy of the information in it, and the examination from the doctor(s) you are sent to. The job of those doctors is to verify the Function Report. After that, SSA decides whether to approve or deny based on the recommendation of the Disability Determination Board. If denied, you appeal during the reconsideration phase. It's only after the final denial that you need a lawyer to go to court and have a hearing before an Administrative Law Judge.

 

Benzolottie,

 

My goodness. Thank you! Thank you for taking the time to write all of this.

 

I haven't done anything yet except get a request to obtain my records, but apparently I did not need to do that. I thought I call the lawyer because I had no idea where to start.

 

I haven't worked since 2014. So, It's been 7 years. I did however work from 1997 to 2014 non stop. I started when I was 17 years old, so 17 years.

 

I will go to the link you gave me.

 

I want to at least try. When this first happened to me I just thought I would recover. I thought about applying before, but I thought that would be negative thinking that would affect my healing.

 

It will be 2 years this month. I went for a drive alone the other day and I did not get far. My plan was to order some carry out and pick it up. This was about my the 5th or 6th attempt at driving in 6 months. My CNS is so overwhelmed by driving. My brain gets foggy and I get weak. I knew I could not order food, wait for it, and pick it up. I knew I couldn't do it so I went home. On the way home I'm thinking "it's been 2 years. How will I ever work, drive ?"

 

I still have issues with stores and such. It's not anxiety, nor even agoraphobia. The overstimulation makes my brain not communicate with my feet. Then I feel like I'm walking in concrete. Sometimes I can push it and hold onto my husband & walk slow. Other times we just leave. Needless to say we don't go to stores much. I've been in one store since November. Thats also because of Covid too though. We do all curbside.

 

My thing is I don't want to be bankrupt by medical bills, and, what if something happens to my husband?

 

I've saw 2 doctors early on since the Reglan injury. One was my primary care doctor. The other was a neurologist. They both know about what Reglan did to me. That is why I went to see them. I have no idea what was put in their notes, but I gave them great detail about what was going on. How could I not? I barely made it to the appointments. On a repeat visit early on I asked my primary doctor for an order for physical therapy and he told me to ask family members to help me. He thought it was funny and did not help me.

 

I've only been to a cardiologist since. The cardiologist did give me a diagnosis of akathasia. Also, the ER physician put it in his notes "akathasia" when I returned to their ER after the Reglan injury.. I was diagnosed with medication reaction for that. On another ER visit 2 weeks later I was diagnosed with Dystonia. I have all the ER medical records because I  wanted to see what they said because i called a few lawyers because i wanted to sue. The lawyers did not want to take thie case.

 

I have not been to a physician for this since. So, that was almost two years ago. I did not go back because mostly I was too sick to go, and they weren't going to do anything for me anyway.

 

Don't I need a recent doctor visit?

 

I know I have Medication Induced Parkinson's. Which can hold on for years....or more. Reglan can most definitely cause this. I doubt very much that any of these doctors used this diagnosis.

 

Thank you for your reply. I am so appreciative. Any info helps.

 

 

 

Okay, so since you haven't worked for 7 years, and paid in to Social Security, SSDI would be out of the question. You mention you have a husband, I assume he is working, so SSI is your only option, and you may not get the full amount because of your husband's income. If you get it, at least you would have Medicaid coverage, if your husbands employer isn't covering you.

 

If something were to happen to your husband, since I assume he has been steadily employed and paying in to Social Security through his employer, you would apply for Widowers benefits. This would give you a percentage of what he would have received at retirement, plus Medicare. So if anything were to happen to your husband, you'd have coverage based on his work history as his widow. 

 

You are going to need to see any doctors treating you for your conditions. The problems you describe would be the kind of things to mention in the Function Report. But you need to have seen a Dr who has taken notes and observed your difficulties. Your issues seem mainly neurological, that would be my choice of who to see. Unless you have a cardiac condition, cardiologist likely wouldn't do. Seeing a doctor or doctors on a regular basis is important to SSA. They want to see you are receiving treatment for your disability. Your husband should stop by your area SSA office and pick up an SSI application. They don't always give you the Function Report papers, so if they don't, you can print it yourself from the link I provided. 

Hi Benzolottie

 

Thanks for your reply. I PM'd you.

benzolottie: this is great info thank you so much...I'll be passing on this info to a member who I know could use it.

I'm in the U.S.

 

Found out I don't have enough work credits for the disabilty part of social security.

 

Oh well.

 

Anyway. I'm glad I started this topic. Thank you for the great info Benzolottie.

trina, if that member has any questions, just have them ask.

 

Miss Fortitude, well unfortunately you weren't able to get disability for yourself, but you may have helped someone else.

trina, if that member has any questions, just have them ask.

 

Miss Fortitude, well unfortunately you weren't able to get disability for yourself, but you may have helped someone else.

 

For sure 

Hi Miss Fortitude,

 

This was an informative thread- thanks for starting it.

 

I notice you said that you have problems going into stores - I have had that too ever since tapering.  I don't have trouble driving though, and since shopping is part of who I am I am in a constant struggle with wanting to go shopping, but then feeling ill afterwards.  I wait until I'm feeling stable, then challenge myself regularly.  I used to get spikes in anxiety and pain once I was in the store and focusing on the products.  I assume it is due to overstimulation and try to breathe through it.  It has definitely gotten better.  Grocery stores are fine for me now.  My remaining problems are with stores like Target and Hobby Lobby.  The florescent lights are known to be overstimulating for people with adrenal insufficiency so I think that's a trigger.

 

I guess I just want to say keep trying.  We need to teach our CNS that it is "safe" to be in that environment.  We are retraining our brain after our ordeal AND the dysfunction brought on by COVID.  I have seen numerous public service announcements that as we emerge from COVID restrictions, it is normal to feel anxiety about going out again.

 

Good luck!