Ask Me Help Desk - Disability Claim

Ive had severe chronic fatigue syndrome and fibromyalgia (amongst other things) since I was 11 years old. My mother has it as well, and was receiving disability, as we're me and my sister off her claim. I was filed under disabled child.

When I turned 18 my mother filed a claim for me as my proxy, saying she would take care of it since she's done it before. It was a long process which lasted a year and a half, switching state to state (started in CA who had an overflow so they switched me to Alabama, but then switched me to North Carolina where I was living at the time). Finally I received a decision, which was I was denied (my guess from my physical, done by a man who didn't even know what CFS and FMS were). At that time I was around 38 weeks pregnant and not in any shape to do anything but sleep so my mom said shed file an appeal. Well she didn't and I didn't know about it for around 2-3 months.

Also a month before I got their decision I got married.

I was wondering if anyone knows if there is anyway I can receive the back pay from the claim still? Also now that I'm married I'm wondering if I need to file a new claim all together? I will be doing it myself this time. Can I just call disability and ask? When I would do that before they never really had the answers.

Also does anyone know of a good disability law firm either nationwide or in South Carolina/Charleston area?

Quote:

Originally Posted by Mobley119

Ive had severe chronic fatigue syndrome and fibromyalgia (amongst other things) since I was 11 years old. My mother has it as well, and was receiving disability, as we're me and my sister off her claim. I was filed under disabled child.

When I turned 18 my mother filed a claim for me as my proxy, saying she would take care of it since she's done it before. It was a long process which lasted a year and a half, switching state to state (started in CA who had an overflow so they switched me to Alabama, but then switched me to North Carolina where I was living at the time). Finally I received a decision, which was I was denied (my guess from my physical, done by a man who didn't even know what CFS and FMS were). At that time I was around 38 weeks pregnant and not in any shape to do anything but sleep so my mom said shed file an appeal. Well she didn't and I didn't know about it for around 2-3 months.

Also a month before I got their decision I got married.

I was wondering if anyone knows if there is anyway I can receive the back pay from the claim still? Also now that I'm married I'm wondering if I need to file a new claim all together? I will be doing it myself this time. Can I just call disability and ask? When I would do that before they never really had the answers.

Also does anyone know of a good disability law firm either nationwide or in South Carolina/Charleston area?

For starters no one on AMHD is allowed to recommend an Attorney - call the local Bar Association and ask for a recommendation.

There's a time frame within which you can appeal. After that the claim goes dead.

I assume you're talking about SSD - arm yourself with medical info and reports and refile. The claim will start from your filing date.

I don't understand "switching from State to State." It's a Federal program.

Anyway, one of my stepdaughters is an Attorney with the SS Administration and says the vast majority of claims are denied because the supporting evidence is insufficient. People who haven't seen a Physician in years file because someone, sometime said they have this or that.

So back up your claim with medical evidence and go for it!

I filed under California and maybe around 5 months into it I received a phone call from them saying that California had an overflow of ssd receivers and they were transferring incoming claims to different states. Maybe they just meant that that was state they were going to file me under? I could neve get a clear answer with them.

I actually have 3 large boxes full of medical files at the moment, not including anything I have from after the claim (which is a lot since I've started going to new doctors). Hopefully it will be enough but knowing how disability is with fibromyalgia plus my age it probably won't be.

Thanks for the advice!

Quote:

Originally Posted by Mobley119

I filed under California and maybe around 5 months into it I received a phone call from them saying that California had an overflow of ssd receivers and they were transferring incoming claims to different states. Maybe they just meant that that was state they were going to file me under? I could neve get a clear answer with them.

I actually have 3 large boxes full of medical files at the moment, not including anything I have from after the claim (which is a lot since I've started going to new doctors). Hopefully it will be enough but knowing how disability is with fibromyalgia plus my age it probably won't be.

Thanks for the advice!

When you put your medical info together make sure it's neat, in order, important to your case. An examiner is not going to go through boxes of documents.

I pretty much figure you already know this but I don't know who will read after us.