Disability/Wisconsin

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I’ve just been diagnosed yesterday with CFS.
I cannot work anymore. Did it as long as I could. I’m 51 and I would say have a moderate case.
I’m applying for disability as of today. Talked to one law firm(Tabak Law Offices). They are paid upon winning the case. Up to $6000 which apparently is paid by ssi and doesn’t affect your weekly payment.
Does anyone have any advice or ideas or other firms?
Thank you very much.
 

alkt

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I am sorry you have joined our ranks . how is it possible in todays supposedly civilised society that it has become necessary to engage lawyers to actually start a claim for disability is this because they refused your claim or that you have heard the abusive way chronically ill and disabled people are treated by governments around the world. I hope some one who understands the American systems can give you useful info .
 
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I am sorry you have joined our ranks . how is it possible in todays supposedly civilised society that it has become necessary to engage lawyers to actually start a claim for disability is this because they refused your claim or that you have heard the abusive way chronically ill and disabled people are treated by governments around the world. I hope some one who understands the American systems can give you useful info .
Thank you so much. Have you had to battle?
I just heard how ridiculous it is to apply and win and I don’t have the time or energy to fight anymore. Who knows if it will even work anyway.
Heard you need to be pretty much broke to apply anyway. How are you supposed to survive if you have no money? I won’t pretty soon anyway.
Hope this isn’t as bad as I’ve heard it could be.
 

alkt

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it is different in England but yes I have had to fight to get and keep benefits four times so far . I was pleasantly surprised that my last so called capacity for work test allowed me to keep my benefits for the next three years before going through it again . governments claim they cant afford disability benefits but have no problem finding money for private companies to act as gate keepers of the system.
 

Silencio

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@JBoneske It is not as bad as you have heard and Social security disability insurance (SSDI) is very winnable. Please do apply soon, as it can take at least 2 years to go through the appeal process. (Most people get denied at first and must appeal). SSDI is not means tested and is different to SSI. You should do some reading up on the ssa.gov website, also create an account and you can see how much you are estimated to receive. It’s an insurance you have paid into while working so is based on your credits in the system.

The most important thing is to start a medical file with a doctor and document your illness as much as you can. Use the search function to look for threads on SSDI in this site.
 
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Thenk you guys.
I did talk to a couple disability agents today. One sounded like it wouldn’t be that bad and the other made it sound like if you even have a little money that it’s hard and long.
The one agency already sent papers for me to complete and get started. They gave me some confidence by what they said. The other one told me to collect unemployment til it runs out and save as much as you can and then go for it.
This whole illness really sucks. You’d want your life back ideally and know thats very unlikely. Then worry about how you can survive after being seriously depleted and limited.
Again thanks. Just want to get this rolling and hopefully not have to go through too much as we all have already.
 

*GG*

senior member
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I’ve just been diagnosed yesterday with CFS.
I cannot work anymore. Did it as long as I could. I’m 51 and I would say have a moderate case.

I’m applying for disability as of today. Talked to one law firm(Tabak Law Offices). They are paid upon winning the case. Up to $6000 which apparently is paid by ssi and doesn’t affect your weekly payment.

Does anyone have any advice or ideas or other firms?
Thank you very much.
I wish I had made a post like this 4 years ago. Did you have LTD insurance at work? Don't forget to file a claim there as well. My lawyer didn't, and I only had 1 year to file a claim, so looks like I lost out on 50% of my former income. Not sure how I am going to survive on what little I am going to get :(

4.5 years into the disability process and finally getting some income.

GG
 

Silencio

Senior Member
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Thenk you guys.
I did talk to a couple disability agents today. One sounded like it wouldn’t be that bad and the other made it sound like if you even have a little money that it’s hard and long.
The one agency already sent papers for me to complete and get started. They gave me some confidence by what they said. The other one told me to collect unemployment til it runs out and save as much as you can and then go for it.
This is bad advice. Do not do unemployment. And no, again, SSDI has nothing to do with your assets or net worth.

You really do need to do some research before signing anything. Here is a good website:
https://howtogeton.wordpress.com/20...ability-while-your-waiting-to-get-disability/

Also, read this thread here on PR. My own story is on page 8:
https://forums.phoenixrising.me/ind...or-social-security-disability-ssi-ssdi.45105/

LTD is a whole separate process and would need a different attorney who knows ERISA law. You would have had to apply for LTD if you have it before leaving your job, I believe.
 
My suggestion would be to also talk to Allsup. They are non lawyer representatives who can take your claim from the beginning without having to wait until you get denied.

Lawyers are also starting to do this, no doubt due to the competition from Allsup.

I agree with @Silencio that if you have already left your job, it's probably too late to apply for ERISA based long term disability if you had that coverage.

Although it wouldn't hurt to check -
1) did you even have coverage - there should be a deduction for LTD on your pay stub
2) if you did have coverage, ask HR if you can still apply and/or get a copy of your plan policy - there are probably time limits for applying and appealing

As far as Social Security, again Silencio is correct. There are two types of disability:

SSDI which is Social Security Disability Insurance - this is insurance you paid for while working. They don't care how much money you have. You could be a millionaire and collect SSDI. You get Medicare with this.

SSI - Supplemental Security Income - this is if you never worked or didn't work enough to qualify. They do have income and asset limits. You get Medicaid with this. SSI pays about half of what SSDI does (not that SSDI pays that much) :-( It is possible in some cases to get both SSDI and SSI.

It is very possible to win disability with a CFS diagnosis. I've done it, as have many other people on here. The trick is, can you get approved in the earlier stages, or do you have to wait for the judge to make a determination. That takes a long time - 2-3 years depending on where you live and how long the wait times are.

So if you can get a lawyer or Allsup to help with your initial claim, it can possibly save you a lot of grief.
 
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If you became disabled while you were employed then the coverage should be good. Though, I'm not sure why you left or where you talk about that. You would normally want to transition to short term disability and then long term.

If you have any doctor's visits documenting your condition, even if it wasn't diagnosed yet, then that could be used. But, if you just left for other reasons and had never seen a doctor documenting your problem before leaving the job, then it could be hard to say you became disabled while covered.

Also, read these two articles. (most attorney's I've talked to will charge you 30% to 40% of your income until the age of 65 years old, which is insane fee! I've yet to file. Or decide on lawyer. I'm still getting tests and on short term disability.)

https://www.massmecfs.org/disabilit...ity-claims-what-is-a-fair-and-legal-agreement

https://www.prohealth.com/library/a...ch+and+News)&TM_SOURCE=feedburner&LIBID=16101
 
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Silencio

Senior Member
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Hi @scisolver .. thanks for posting.. Just to let you know that, tragically, the original poster @JBoneske, passed away a few months ago.
https://forums.phoenixrising.me/index.php?threads/in-memory-of-jboneske.60554/

Your advice is good and there are other threads on LTD that you should get some good info on. I won LTD myself, and there are good lawyers out there who will not ask for a piece of your income till 65, so I hope you find them. Barbara Comerfords firm are good, in NJ.