Question: I have a review coming up, any info on how they handle it?

[Imagevision]

I've been on SSDI for 4 years because of a bipolar condition. Anyone else in here suffering from depression? Any replies are greatly appreciated.

[otohara]

1. Do It On The Phone

vs in person.

[Traveling_Home]

2. Just a thought

make sure you are still in treatment. Make sure your meds are up to date and that your psych and social sorker or .... have your record up to date. Age matters a lot. If over 50, much easier. Don't lie or mislead them - they'll find out in the long run - but also count to 3 before answering any question - never make a knee jerk reaction. If you don't understand a question or understand why they need to know something - ask before you answer.

Good luck

Tom

[Betsy Ross]

3. Just finished my trial work period.

I've was unable to work for four years. Started part time work, not enough to live on without SSDI, last March. Major depression, diagnosed as Bipolar Type II. I was quite surprised to get disability on first try. Good doctors, regular appointments, changing cocktails of medications. Still always just a step away from falling back into the pit.

I can't give you advice. But I can wish you good health and the support you need. Damn, now I'm tearing up.

[fed-up]

4. twit at SSI initial evaluation denied me-said I was probably depressed-not bipolar cuz I sat still

in the chair for the interview
she also agreed I had problems with my neck

what an absolute completely insane way for her to diagnose BP

I haven't appealed as I still have my house issue to deal with and there is no way I can handle two lawsuits at once.

I think if I was over 50 I may have been approved-

[happyslug]

8. The Initial evaluation is done by a "State Agency".

The "State Agency", while technically under the authority of your state, applies the Rules as Social Security wants them to be applied. The old Joke about initial determination is the State Agency MUST apply the law as SSA would like it to be, the Administrative Law Judge (ALJ) applies that law as it is. The reason for this is the ALJ's opinion is re-viewable by Federal Courts, the State Agencies opinion is only re-viewable by SSA.

I would like to say one state is worse then another, but the rate of denial is consistent clear across the nation. Thus the problem is SSA. Given this situation I would appeal, you will be in no worse situation if you appeal then if you do not, either way the decision is consisted final.

[JL810]

5. Disability Review

Hopefully, you are still receiving regular mental health treatment. Disability is about "functioning" not a diagnosis. As you probably know, there are people who have bipolar disorder and are able to work and other people who have it and are simply not able to work (not yet able). What you should focus on during your disability review is your functioning (lack of functioning). With mental impairments it is about "mental functioning" concentration, attention, getting along with people, pace, persistence, follow-through, memory, understanding, learning, etc. With bipolar disorder there may be an issue of an ability to show up for work everyday, day in and day out. On a CDR Review SS bears the burden. They have to show you have undergone "medical improvement" AND that the improvement is significant enough that you are now able to work (FULL-TIME, 5 days a week, 8 hours a day). So even if you are "better" than you were five years ago, that doesn't mean they can cut you off. If you are not in treatment--they will probably send you to one of their doctors for a psychological evaluation. IF they want you to have a "Consultative Examination" and YOU HAVE A PSYCHOLOGIST OR PSYCHIATRIST that you see, YOU HAVE THE RIGHT to have YOUR DOCTOR PERFORM THE EXAMINATION (if she/he is willing). Also, if you are not sent for an examination, and you have a regular psychologist, psychiatrist or even an LCSW, or other MH professional you should get a focused/specific opinion from them about your functioning. It is not as helpful for a provider to say that "I think he is disabled" than it is for them to briefly explain why they think you are disabled (i.e. he has difficulty remembering, difficulty staying focused for, difficulty following through and completing tasks, easily irritated and frustrated, or any other mental, cognitive, social, emotional, psychiatric limitations related to your disorder that would affect your ability to meet the demands of even a simple, really really easy job) with a few examples (professional observations) and/or test results that support their assessment. Also, during the review process as others have said here - answer all the questions truthfully, don't exaggerate and don't minimize, make sure they have all your medical records, (frequently SS will only follow-up once with a medical provider and then simply make a decision without their records).
IF YOUR BENEFITS ARE STOPPED: You have 60 days to file an appeal BUT YOU ONLY HAVE 10 DAYS FROM THE DATE OF THE CESSATION NOTICE TO REQUEST YOUR BENEFITS CONTINUE DURING THE APPEAL!!! Also, if you are cut off (b/c they haven't made a decision yet right?) you may want to seek representation. It is unlikely a private attorney will take your case because there there is no automatic fee in a CDR case (collected from back benefits). However, you should check with your State's "legal services corporation" organization and see if they may be able to assist you with your appeal for free.

It seems that SS has been trying to reduce their budget by cutting off disabled people from the roles; people that still very much need assistance. SS workers who initially make these decisions, are some of the most suspicious, unsympathetic, jaded, seemingly uncaring (and I think powerful because they are making decisions that affect an individual's ability to survive -meet their basic needs for rent, food, and medical care--if someone looses their disability they also frequently loose their medical coverage too). Sorry I have been so long winded! I don't know you but I don't want to hear that you were cut off, and tossed to the side by a government that seems to not give a shit about its own people anymore from their basic rights to their welfare.

[Imagevision]

6. Disability review response

Thanks for the info, I'm 62 years of age, I was seeing a state service mental facility just to save on office visits and meds in some cases. After 3 years and poor results, (always being seen by a different pdoc) I gave up and got a regular Physc. explained to him what was going on, they actually claimed I was doctor shopping for benzo's so they refused to give me anything for sleep which was a major problem.

The new Doctor immediately gave me klonipen and at least after 1/12 years I was finally able to get some sleep but at the same time my awareness of being b-polar increased much greater because i wasn't so screwed up sleeping only 2-3 hours nightly. This new doc has had me on lamatil for about 2 months but I still haven't noticed any changes.

The letter I received from SSDI in 2003 stated my case may be reviewd in 5-7 years, which is where I'm at come this august, any input guyz would be greatly appreciated.

[happyslug]

7. A few Comments

First, while reviews are to take place as scheduled, but do to a lack of funds it is often longer then what is scheduled. Thus if you are told you will be reviewed, often it is longer then the time period stated. Thus if you are scheduled for a review every four years, you may not be reviewed for 6-10 years (If a review is done, which is more common than SSA would like people to believe). Furthermore given your age, I doubt such a review will occur, SSA prefers to spend its money on cases where there is a better change of ruling someone disabled. For details see below.

2. In any review the first test is "Has there been Medical Improvement?". If no improvement the review stops at that point. SSA can NOT relegate the prior determination of your disability. SSA must show that that you have improved, and the issue is the improvement has made you "Not Disabled" for Disability purposes.

3. You are now age 63, starting at age 50 the standards of review changes, making it harder for SS to rule you no longer disabled. At age 63, to be ruled NOT DISABLED, SS has to rule you can no longer do Heavy Labor. Sedentary labor no longer counts after you turn age 50, Light work no longer counts after age 55, and Medium work no long counts after age 60 (Unless it was a type of work you did full time for more then three months within the last 15 years, something I doubt). Remember my comment #1 above on "Medical Improvement". The test is NOT the same as when you were ruled disabled. At that time your past work was a factor. Today, if that past work is more then 15 year ago, it is no longer a factor, and all SS can use is Heavy Work (i.e. carrying 50 pounds frequently, 100 pounds occasionally). Such work requires working with others as a member of a "team". Your Bi-Polar probably cuts out such work as a team player, and thus most if not all Heavy labor.

4. As a writer above points out if you are ruled NO LONGER DISABLED, Appeal as soon as possible. You have only ten days to appeal AND KEEP BENEFITS. You have a 60 days to appeal, but if you do NOT appeal within 10 days you will lose your benefits until you have hearing and the ALJ rule you still disabled.

[dajoki]

9. When I was reviewed...

my lawyer told me not to send anything or talk to anyone from SSA. She told me to fill out the form in pencil and she reviewed it and sent it out for me. I don't know if she was legally obligated to do this or was doing me a favor, but it helped.

[apostman]

10. New here and dont have a clue...

I have been studying DU for hours looking for a place I
belong.

For the Life of me I can't find a place I fit.

I am Disabled and having one battle after another.

you'll find background at the following link.

[link:www.worldlawdirect.com/forum/government-administrative-law/13441-texas-adult-medicaid-bait-switch.html|Texas
Adult Medicaid Bait and Switch]


http://www.worldlawdirect.com/forum/government-administrative-law/13441-texas-adult-medicaid-bait-switch.html

If someone could tell me where I fit DU it would be a great
help

thanks

[marcicj]

11. I wish you luck

I hope everything turned out ok for you.

[Imagevision]

12. everything just worked out very well thank you for the replies guyz...

[peteykgirl]

13. breezed it

all my review was was housing -same?, making appts. nothing major or detailed in medical status- still crazy?-yup. basically, just being same as when i started.