Disability....is that even possible for Chiari?

I lost my job back in June because I kept having problems with my attendance and always having to leave early, wear sunglasses into the office (headaches and eyes hurting)....I always took naps on my breaks to see if it would help with my headache. My neck pain was aggrivated by sitting in front of a computer, and looking down at paperwork all day. I kept forgetting my daily work tasks and had a difficult time learning new things and just concentration was an issue. Needless to say my issues caused me to lose my job. I am dizzy and sick all of the time. I cannot finish any household chores completely without having to go to bed for a few hours at some point during the day. It is getting worse. It is like I get tunnel vision when I go grocery shopping. I cant even make plans anymore. Does anyone know if you can get disability for Chiari??? I want to have surgery and feel normal and go back to work, but until I get insurance I am stuck and still there is a pre-existing clause. My depression and anxiety have definitely got worse....I dont know how to be a mother and wife when I am always in bed and sick and absent from events with family. I feel like an outcast....I want to be normal!

It may be possible to get disability, I would talk with a reputable SSDI Attorney in your area.

Definitely but, and that's a big but, it takes work. I'm filing for social security disability right now. Luckily, I was on long term disability for my Chiari symptoms and the LTD company uses a 3rd party to do the paperwork and court dates for you. A lawyer I spoke to explained it like this:

You file your paperwork (some states have it available online)

You'll likely get rejected

You file your appeal (also sometimes available online)

They'll set a court date

Bring all your paperwork...

Everyone seems to get rejected initially. I think that's so people who aren't "really" sick get weeded out. After the court date and possibly a couple of 'we need more info' letters it's possible to get approved. It takes time - up to a year. But if you work on it and keep your paperwork and doctors info it is totally possible to receive benefits.

Good luck!
Katrina W.

7thhousedoula said it very well. The only thing that I learned from my lawyer, is that I should have applied initially through her. Don't apply online. I have a hearing coming up and I am very nervous about it. I know very well what my life is like! It is just conveying that to the judge. Lawyers don't take money upfront, they only take it out if your back pay if you win. It would be worth a shot. It is a very long process, but if you apply with a lawyer, it may be shorter. Good Luck.

Nicole

I was just approved for SSD Chiari being the main reason. As the other post stated the best way is to go to a lawyer directly and have them file for you. As I had filed the first time on line, was rejected than had the lawyer file an appeal. The whole process took over a year. A lawyer who only handles disability cases know what is needed and files the paper work right from the beginning.

I was approved for SSDI with a CM diagnosis the first time. Ben's Friends has Partnered with a National SSD Law Firm that I worked with through my Employer Anthem Blue Cross and Blue Shield. They also represent the Parkinson's Foundation Members. We have them linked on our Main Page The Social Security Law Group or www.sslg.com . If you use them please tell them you are a Ben's Friends Member. We have made special arrangements for our Members. They are truly great. I had to appeal where my start date was incorrectly entered into their system by a SSA employee. If you would like I can also answer any questions you may have about filing for SSD. Please send me a message.

Tracy Z.

My husband recieves ssdi for syngromylia and chiari. We fought for 19 months and finally won fully favorable. We also used a lawyer. I don’t think we would have won if we hasn’t hired someone. It’s a long drawn out thing too.

SSDI is based upon paying into Social Security, full benefits are achieved when you have worked and paid into SS for 40 quarters (10 years). You can get SSDI benefits with as little as 8 quarters credit but the benefit amount is small. SSI is the disability benefit for people who never worked. SSI also augments SSDI if the SSDI benefit is below the SSI amount. SSDI is not need based, SSI is need based and means tested. To be eligible for SSI you must be deemed disabled and you cannot have more than $2000 in countable resources and you cannot have household income greater than approx $2200/mo. SSDI does not have such financial restrictions. Bill Gates could get SSDI if he were to become disabled.

There is a limit to how long you can be out of the work force before applying for SSDI, I believe it is five years but there are exceptions to this.

This is a complicated and specific area of law, I work with many people with disabilities and no one has ever said they wished they did not hire an attorney. Social Security limits the amount of attorneys fees, the maximum fees they can charge is 25% of the back benefits owed with a cap of $6000, so a social security disability attorney cannot charge any upfront fees. Be prepared to do much of the legwork to gather medical records and to answer questions, but the attorney will package it in the best possible way to get an early approval. I know in the Atlanta area, people who file on their own, 60% are denied on first try whereas those using an attorney, 60% are approved on the initial. One key difference is on the appeal, the attorney is equipped and up to speed for the appeal and they have set the stage with what was in the initial application (plus they have been before the ALJs frequently and know what to expect, what will work, and what doesn't. All of this is assuming that there enough support in your medical record to successfully establish a disability claim.

Tracy I have a question… I noticed you mentioned your start date was entered wrong and you appealed it. I was diagnosed in July of 2009 and had 3 surgeries since then. My last surgery was March 1, 2012 and thats the start date that SSDI used for me. I was wondering if I have grounds for an appeal?