Never Underestimate the POWER of Fatigue
If you’re a college football fan, you are probably spending a lot of time focusing on the upcoming draft. Of course, one of the hottest “WHO KNOWS” questions out there is centered around Florida Quarterback Tim Tebow. Every body is watching with baited breath to see where he ends up. Interestingly enough, for a guy who has won the Heisman, Tim has had to do a lot of work to show that he can make it at the next level. So, you gotta believe that he’s tired.
Now, here’s an athlete at the top of his game so you KNOW he’s in jamming shape. So, sometimes it’s hard to be sympathetic when it comes to fatigue. Well, what about Lady Gaga. She recently had some problems with her concert due to severe fatigue and exhaustion. Now, you probably aren’t sympathetic in light of the money she makes from her performances. But a recent performance from her due to dehydration, heat and extreme fatigue caused her to almost pass out. It doesn’t matter how much money you make or what kind of shape you are in, fatigue is fatigue.
For those of you who are applying for Social Security Disability benefits, Fatigue can be a beast. Here’s some things that you need to consider if you are alleging that you are experiencing fatigue as a result of your conditions:
1) There is NO medication for FATIGUE
Most people don’t realize that there really is no pill or shot you can take for fatigue in most instances.
2) A doctor can’t fix FATIGUE if you don’t tell the doctor.
A doctor can’t read your mind. If your fatigue is caused by some medication or some treatment or your condition, they won’t know what to do in order to address the situation unless you tell them.
3) A doctor can’t DOCUMENT fatigue if you don’t tell the doctor.
So many times people will go into court and complain about fatigue but there will be NO mention in their file about fatigue. Remember, your medical records are a crucial part of your SSA claim so if you don’t say anything to the doctor, they won’t document it.
4) Be realistic when you are talking about fatigue
I’ve heard people say that they get fatigued just sitting on the toilet! I’m not saying that you can’t be fatigued to that point. However, if your medical records don’t really support that your fatigue is THAT bad, you may be making your situation look worse than it is.
5) Try to have people who can talk about your fatigue as well.
Sometimes, your loved ones can give a better picture of the significance of your fatigue. They are watching you and how you conduct yourself so they may be a good source of information.
6) Pay attention to WHEN you get fatigued and WHAT causes the fatigue.
I know it’s tough but play close attention to WHAT causes you to be fatigued. Is it the medicine? Is it shots? Is it your condition? Also, pay attention to WHEN. DOes it happen after you do something? does it happen after you take your meds? All of these little things have a significant impact.
Fatigue is sometimes a by product of other things or merely a symptom of you trying to do something beyond your capability. However, it’s important that you properly document the problem you’re experiencing so that it can be addressed and also, included, in your disability claim.
The personal side of Social Security Disability: Your loved ones
Watch out dere now. It’s that time of the year again. Today is Sunday and it’s the same things that most of us look forward to seeing happen. Daylight savings time is here again. Today, March Madness is in full effect and so everyone is getting ready for Selection Sunday. We are breaking out our bracketology or getting ready for the NCAA tournament office pool. American Idol is in the home stretch. And everybody is getting ready for the NFL draft. It’s the same old things.
But then, I saw something on TV that made me stop and think. I know this is corny but every now and then I watch a show called “GENE SIMMONS FAMILY JEWELS”. For those of you who don’t know who GENE SIMMONS is, he is a member of the Rock and Roll group, KISS, and is known for his ability to blow fire and his long tongue (i know, i know, TMI). Well, as they focus on the upcoming premier, they show how his long time girlfriend and mother of his two kids finds out she has a lump in her breast. He finds out while he’s preparing for a concert and it’s clearly devastating.
Most of us take for granted how devastating it is when you find out a loved one has a traumatic illness. I have a fraternity brother who honored me by allowing me to be the godfather to his daughter. He and his wife have the bravest and strongest child I’ve ever known because she has gone through 2 liver transplants and is currently awaiting a third. Did I mention that she is only 7 years old? He and his wife are troopers because they have gone through this for a few years.
However, it is a whole different story when you’re going through it yourself. A couple of years ago, a dear friend of mine asked me to represent her mother who’s cancer had returned after several years of remission. As such, I had several heart to heart discussions with her mother and my friend about the Social Security disability process. It really moved my heart because to see my good friend trying to stay strong while her mother was aggressively fighting this disease made me truly appreciate what it means to your loved ones.
When we have to care for our loved ones when they are dealing with a devastating sickness, our hearts hurt because we remember them for the way they were and NOT the way they are. For those of you who don’t know who Merlin Olsen is, he was a football player in the NFL and an actor on the former show “Little House on the Prairie”. He recently died after a long battle with Cancer. And when you have to try and be strong when your loved one is deteriorating before your very eyes, it can be hard.
You’re the one that is there for them when they get up at night because they can’t sleep due to the pain. You’re there to help them remember things when their memory starts to go. You’re the one that is there for them in order to make sure they take all of their medications. You’re the onee that has to get them to their doctor appointments.
So many times, we spend so much time focusing on the person applying for Social Security Disability that we sometimes forget about all of the loved ones who patiently and lovely stand by and give their help, support and encouragement when people are facing their challenges. They are an equally important part of the disability process.
Tough love and tough facts about applying for Social Security Disability benefits
Let me be the first to tell you that representing Social Security Disability clients can be tough. My heart goes out to all people who are in the position of having to apply for Social Security disability benefits. Unfortunately, some times I have to be in the unenviable position of having to give some ‘tough love’ or ‘tough facts’ about the Social Security disability process:
1) Just because you got it quick BEFORE doesn’t mean you’ll get it quick again!
Remember this phrase “CASE BY CASE basis”. I can’t tell you the number of times people who have received disability benefits before who keep relying on their previous experiences when they are reapplying for disability benefits. Just because you got it QUICK the last time, that’s no guarantee that it will happen quickly again.
2) Just because you GOT it BEFORE doesn’t mean you’ll get it again!
The regulations do NOT provide an automatic favorable outcome to you merely because you had received disability benefits in the past. That MEANS NOTHING! Especially if you worked after the period of time that you were receiving disability benefits.
3) Just because your FRIEND gets it, doesn’t mean YOU will!
I know you don’t want to hear this but the simple fact is that YOU haven’t seen every MRI your friend has, every doctors’ notes your friend has, every medical appointment your friend has, or every medication your friend has had to take. With that being said, you have absolutely NO WAY of knowing if your friend’s situation is EXACTLY the same as yours. So stop racking your brain trying to understand why THEY got it and you are still waiting.
4) YOU are NOT the doctor!
I can’t tell you how many times I’ve had people who have DECIDED what they feel is best for them DESPITE what their doctors tell them. I’ve seen people who have refused to go to a doctor their primary has referred them. I’ve seen people refuse to take medication. I’ve seen people refuse to come back to their doctors for follow ups. What these people realize is that every one of these scenarios HURTS your case! Remember, you have to prove that you are medically disabled. Unfortunately, refusing to do what the doctor tells you DOESN’T help!
5) You can’t have it BOTH WAYS!!
Let me break it down as simply as I can. You can’t complain about breathing problems yet still be smoking a pack of cigarettes a day. You can’t complain about your diabetes but you don’t take your insulin pills or shots. You can’t complain about being depressed but you still use illegal drugs and drink alcohol. These types of things DON’T go together in proving you’re disabled.
6) If you don’t go to the doctor, then there is nothing a representative can do
Here is the BOTTOM LINE SIMPLE FACT: YOU bare the burden of proving you are disabled. It’s not your Representative’s responsibility. It’s not Social Security’s Responsibility. It’s YOURS! I understand if you are in an area that doesn’t have medical treatment available. However, if you can go to a free clinic or get county health insurance BUT you DON’T AND you don’t go to the doctor, there’s not much else anyone can do.
7) In some parts of the Social Security Disability process, you HAVE to wait!
This part is the most painful part of the process with my clients. Unfortunately, when you are going through the initial development and/or the reconsideration development, you HAVE to wait for Social Security to get all of the information they need to determine your status. If you get to the hearing level, you HAVE to wait until it’s your turn for a hearing date. So many times, people don’t realize that there is really nothing that can be done except WAIT!
Everybody is in a critical situation!
Let’s face it. A lot of people are in eviction proceedings or foreclosure proceedings or bankruptcy proceedings. A lot of people can’t pay their bills. Alot of people are broke. Unfortunately, a great DEAL of these people are applying for Social Security disability. Social Security is in a tough spot because if you got 1000 people applying and 900 of them are screaming that they want their case expedited and each of them are in foreclosure or evictions or bankruptcy, WHO moves to the front of the line??? See the dilemma.
9) TERI cases are the rare cases that move to the front!
TERI stands for Terminally Ill. If you are terminally ill, your case is going to be processed QUICKLY. So I hate to tell you, if it’s a choice between working your case (and you just have a bad back) and a cancer case, your case will be moved back.
10) Blowing up Social Security’s phones does NOT help!
Let me tell you that you get NO WHERE when you call Social Security 100 times a day! For every time you call them about your case, this STOPS them from working on your case. Just let them work.
11) No representative or Social Security wants you to wait.
The simple fact is that anyone involved in this process WANTS you to get your determination quickly. No one wants you to have to wait a 2 months, 6 months or a year for a determination.
12) If you go to the doctor, do what the doctor says, do what Social Security says, stay clean, & wait, the process runs a smoother!
‘Nuff said!
As always, I am super sympathetic to the struggles of people who are trying to get disability benefits. However, you must realize that some things CAN be helped and some things CAN’T!
Should I apply for Social Security Disability if I am still working?
This question actually comes to me alot and it is a tricky question that really doesn’t warrant a “YES” or “NO” response. Since I’m an attorney, I gotta give you the text book response of “IT DEPENDS”.
Here’s how the scenario usually plays out. You find yourself in a position where you are working a job but you are struggling because of your medical condition. So you start to consider what would happen if you apply for Social Security benefits. You go and talk to your doctor and your doctor encourages you to apply for benefits. Here’s where the story begins. What do you do now? You are still struggling with your job but you need the money. You want to apply but you don’t know if you can wait. So what do you do and how should you proceed?:
1) Question 1, Are you still working? This question is usually the FIRST thing Social Security will asking because the First inquiry into the Social Security process is ‘Are you performing Substantial Gainful Activity?’. Now, Substantial Gainful Activity (or SGA) is normally based on the amount of money you earn. Social Security using a variety of different to determine SGA but let’s say that you (as a non blind individual) was making about $1100 a month. Now, I know you are saying “No one can live on that” but that’s not relevant to the disability process. In accordance with the Social Security guidelines, for 2009, anything over $980 is considered SGA. In other words, you may make too much money unless you can show that you are working under special circumstances.
2) Question 2, Are you working under special circumstances? You now have to ask yourself the question “how are you coping to your working situation?”. How many days are you missing from work? Is your boss cutting you some slack or some leeway? Do you have someone helping you? Are you getting paid even if you’re not working?
3) Question 3, are you out of work for 12 months or more? Part of the regulations requires you to determine if your condition keeps you out of work for 12 months or more OR can reasonably expect to keep you out of work for 12 months or more. Remember, your medical condition has to be the basis for your inability to work at SGA level.
4) Question 4, is your MEDICAL CONDITION keeping you from working? Sometimes, I have had people tell me “Oh, I’ll just quick or reduce my hours in order to get under the SGA level”. AAAAAAAAAA!! WRONG ANSWER!! If you are merely lowering your hours to get under the level BUT you can still WORK at the level you were before, SSA is probably going to assume that you can work at that level. The question is “Has your medical condition caused you to reduce your work load”.
The toughest part of this analysis is when people ask if they should stop working. I can’t tell you that but you do need to be aware of a few things:
1) If you decide to stop working, be prepared to wait. The Social Security process is long and tends to take a while so please don’t think that once you apply, you will see results right away.
2) Be prepared to explain your work. If you stop working and apply right away, SSA is going to want to know what happened that caused you to stop working.
3) IF you decide to go back to work while the case is pending, it MAY have an effect on your case. How much of an effect? You can’t really tell. It depends on the circumstances of the work. If you go back and try for a few days or weeks, the work may be considered an Unsuccessful Work Attempt. However, without more information, it is difficult to tell.
The Social Security Disability process is not easy and alot of good people find themselves trying to decide what steps to take when they are unable to work at they normally do. Evaluate all of your circumstances and, if you have any questions, ask.
