The letter saying that my appeal was successful arrived in today's mail.

It says "Notice of Decision -- Fully Favorable" near the top of the first page.

They also sent an explanation of why the examiner made that decision, which I may or may not read.

Under "when will I get paid?" it says that goes through a different office, but it will probably 40-60 days from when they sent the letter, and who to contact if I don't hear within 60 days. I put a reminder in my google calendar, in case I need it. (Sixty days from Sept. 27, the date on the letter, is two days before Thanksgiving.)

Since someone asked on Discord: the lawyer who helped me with the appeals gets a standard percentage of the lump sum retroactive payment, plus defined "reasonable and customary" expenses.

Addendum: the finding is that I was disabled as of the claim date, Nov. 15, 2021, which I think means three years' worth of retroactive payments.
I talked to my lawyer this morning, and told him what I'd heard from the social security people. He called them, and then called me back to say that they have approved my application.

Apparently, "non-medical eligibilty" means that they automatically check everyone's eligibility for both SSDI, based on earnings history, and SSI, a significantly smaller benefit for disabled people who didn't work long enough to get SSDI. The lawyer told me that some of his clients get a letter saying they aren't eligible for the smaller amount and panic because they think it means they won't be getting anything.

The lawyer also told me that they sometimes deposit the lump sum retroactive payment amount before sending out the letter telling people that they will be getting benefits, and how much. That's especially true npw, since they were understaffed and overworked even before covid, and it's worse now. So, I will be getting money from them, which is both a relief and a bit of a surprise, but we don't know how much, or how soon.

(It feels a little odd posting this, without anything more concrete from the SSDI office.)
I got a message today saying that my "submission status has changed." I logged into the site, and found:

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3. An Administrative Law Judge completed reviewing your appeal on September 27, 2024.
4. On September 27, 2024, a representative in BOSTON MASSACHUSETTS started a final review to make sure that you still meet the non-medical requirements for Disability Benefits.

A Social Security Representative may contact you directly if we need any additional documents or information to help determine if you are eligible.

Please respond timely to any requests from SSA:
Notify us whenever a change occurs that could affect your benefits. Not reporting changes timely may delay the processing of your appeal.

How to submit additional documents:


You may mail any evidence you have to the following address:

SOCIAL SECURITY
ROOM 148
10 CAUSEWAY STREET
BOSTON, MA 02222-1098

Therefore, the plan for Monday is "call the lawyer, ask what that means and whether I need to do anything if they don't contact me directly.
I just got back from the neurologist's office, where the nurse showed me how to use the self-injecting pen with my new medication. It was all easy, but one thing I didn't know ahead of time is that I have to wrap my fingers around the device before using my thumb to push the button.

This is very different than the process with the first MS drug I was on, Avonex (an intramuscular injection, and a very visible needle. This is subcutaneous, and I never even saw the little needle. The nurse said I can inject it anywhere that's convenient. I'm going to either do the injections myself, or get [personal profile] cattitude or [personal profile] adrian_turtle to do them for me, but the nurse said she has a patient who comes in every Wednesday to have her inject the drug.

I then asked when/whether I need to contact the specialty pharmacy for refills; she said yes, and she'd advise doing it when I do the next injection, a week from now. (The first few doses are given close together, then it's monthly.) I also asked her if she'd heard from the disability lawyer about the forms for my appeal. She talked to the lawyer a week ago, but has not yet received the paperwork he said he was going to send. I am still waiting for him to answer my email, and think I will call him tomorrow if I don't hear from him first.
redbird: closeup of me drinking tea, in a friend's kitchen (Default)
( Apr. 17th, 2024 10:40 am)
I just got a call from my neurologist's nurse (Pamela Johnson), asking how she can help with my disability case. I described the situation, including that I'm not sure what evidence will be useful, and she offered to contact my lawyer directly so he can send her the paperwork to fill out, which the doctor will then look at and presumably sign.

Also, since I had her on the phone, I asked about my prescription for the new MS drug, Kesimpta, and she's going to follow up with the specialty pharmacy about it. It sounds as though they would be willing to have someone come here to show me how to inject the first dose, rather than me going to the neurologist's office, which is what we'd discussed last month. I told her that I had experience self-injecting, with the Avonex, and she said that this is subcutaneous, so easier. I said that I know it will be easier, but it is different, and among other things I want someone to show me appropriate locations for the injections. Also, it's been a dozen years since I was using Avonex, so I would probably want a refresher if this was also intramuscular.
After a couple of days of thinking, and then writing and fiddling with multiple drafts, I just sent an email to the lawyer who is handling my disability benefits appeal. I started by saying I have several questions about the next step in the appeals process, and specifically what sort of "additional evidence" we can submit. I ended the email by saying that my list of questions probably isn't complete, and asking what else I need to do now.
I got several letters from the SS Disability office last weekend, about setting up a hearing on my appeal. This is the stage at which we get to submit more evidence for my claim.

I called my neurologist's office yesterday, in part to ask whether he can help with this, after a single visit. He called this morning and said (reasonably) that the cognitive and neurological stuff is hard to prove, and recommended a neuropsych evaluation. He offered to have his staff make an appointment for that, which I asked him to do.

They called this afternoon to offer me an appointment -- for January 7, that being the first available. I suspect that will be too late to be useful for this hearing, but I made the appointment, and confirmed that I wanted to be on the waiting list for any cancellations.

Also today my eye doctor's office called, to reschedule my annual exam from July to October. I asked to be on a waitlist there as well.

I need to call the lawyer for the disability appeal, but am not sure I can deal with it today. If not, I will call tomorrow afternoon, expecting to leave a message and ask him to call me back. I didn't call him yesterday because I wanted to talk to the neurologist first.

[Noting here to ask lawyer whether we should get in touch with Dr. AbdelRazek.]
The Social Security disability benefits people have turned me down, and we are filing another appeal, this time asking for a hearing (there is a prescribed sequence of appeals). Because the lawyer got the explanation before I did, we filed the appeal asking for a hearing before I saw their explanation.

According to the letter they sent me, they turned me down because I can still walk, sit, and stand and thus can do light work, such as editing. This means I am going to have to sit down, probably with my lawyer, and with [personal profile] cattitude and [personal profile] adrian_turtle and maybe other people, and figure out how to explain that the problem isn't just, or primarily, my orthopedic issues. It's the neurological problems, and that even with the brain meds [1], I have lost some of of my ability to see patterns, and to identify and solve problems, and those are essential to the work I was doing and know how to do.

I am not looking forward to this: not only is it depressing, I usually try to conceal those problems, and find workarounds in day-to-day life, like taking a familiar route rather than finding a new and better one.

At least the explanation makes enough sense that there's something to refute.

[1] The relevant medication here is the Ritalin, which I have spent a lot of time chasing down in the last few months; the lsat I heard, we'll be lucky if they fix the current world-wide shortage of it and other drugs used for ADHD is fixed this year. I don't know whether we will want to tell them that my workarounds such as they are require a reliable supply of medication, that nobody has a reliable supply of right now.
The lawyer called today, saying that he had gotten the letter saying why Social Security say they are denying my appeal. ("Say" because a lot of the unofficial motivation here is to deny and delay so applicants will go away without receiving benefits.)

We talked on the phone a while, during which I told him about the pulmonologist and the bronchiectasis, and also that I am between neurologists, and gave him the name of the neurologist I will be seeing next week. We can ask for a phone or video hearing or to do it in person; he recommends telephone rather than masking up and doing it in person, because if they can't see my face being in person doesn't improve my chances.

At the end of the call he said he was filing the appeal; that it's likely to take "a while" before the hearing because they need to assign a new examiner; and that he'll be away next week. Ten minutes later it occurred to me that I haven't told him about the corneal problem and that my vision is worse now than it was a year or two ago. He doesn't think they'll take that into account, since the problem could be resolved by a transplant, but I asked him to make a note of it anyway.

After getting off the phone with the lawyer, I called my doctor's office and asked the receptionist to poke Carmen about the Ritalin prescription, given that she doesn't work on Mondays. He assured me that she was in the office today, and that he would send the request over again and mark it as urgent.
I just called the lawyer, and he hadn't gotten even the email. He says that we will need to ask for a hearing, but that I don't need to do anything until I get that letter. Given the history on this, I'm putting a reminder in my calendar to follow up if it doesn't turn up by the end of March. (I've already had to get my congresswoman's staff to intercede once in order to get a copy of one of their previous letters.)

Other than that, I'm feeling a little under the weather, but have been for a walk in the sunshine, and am about to have a cup of herb tea.
I got email this morning telling me to log in for information about a change in my submission's status. THey have rejected my appeal, and will send me the explanation by post in 15-20 days, after which I have 60 days to appeal, if I want.

So, next week I will call my lawyer, and ask him whether I need to do anything now, or just wait for the letter so I know what I'm arguing with. I am oddly calm about this round of bad news.

(There was a message on Thursday that led to a page that said both that there was an unspecified change in my application's status, and that they had begun a medical review in August 2023, with nothing more recent. I was going to call the lawyer yesterday, but decided I wasn't up for a possible long phone conversation. As it turns out, that call would have been a waste of my and the lawyer's time. Sometimes procrastinating has value.
Yesterday's mail contained two envelopes from the Social Security disability determination office for Massachusetts. One of them asks about any medical care I've received since the last paperwork I filed, and the other looks like a form I sent them at an earlier stage of this. That would make sense given that I asked them to reconsider turning me down. [personal profile] cattitude pointed out that the first thing I should do is call the lawyer who is representing me about this, so I put everything back in the envelope and wrote myself a reminder to call him today.

I called the lawyer this afternoon, and after saying he was glad I had called him right away, he asked me a bunch of questions. It took me a little while to realize that he was filling out the form as we talked, but at the end of the call he said he would fax the form over to them right away.

The lawyer also said that I can wait to update the medical information; I'd thought they might at least want to know about the pulmonologist. I did describe the balance PT, but I don't know if he added it to the "function report"; I didn't give him the therapist's name. There's no point giving them the name of my new neurologist yet, since so far I'm just a name in his appointment book.

I made that appointment with the neurologist at about 10:00 this morning, when the MS clinic at Beth Israel Lahey called me. I will be seeing him on March 21st, and somewhere between now and then I will look up the address ("Shapiro clinic, 8th floor") and the doctor's first name. Jacobson is a moderately common name, but I assume that if there were two doctors Jacobson there the scheduler would have given me his full name.
I got a letter yesterday, dated August 2nd, saying they have received my request for reconsideration, and to contact them if any of the following are incorrect:

I am making this request; I am submitting additional evidence; and I am represented by Lindsay Rand, who is an attorney.

I logged in to their site to see what "additional evidence" they are referring to, and it looks like there is no additional evidence, but I should probably check with the lawyer and/or the agent assigned to my case. [personal profile] cattitude thinks I should call the lawyer, tell him I got this letter, and ask him what if anything I should do about it.

The letter also means that they have my correct address. I don't know whether they updated that when they got the request for reconsideration, or they already had it and my first rejection letter is lost in the mail.
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