PART III - This could be the most import part of the
sequence you read. Pay close attention and solicit help from someone without
cognitive impairment if necessary.
When pain and disability is life limiting. The Seven Rules (From For Pain in
Pain at
http://TheseThree.com)
THE SEVEN RULES
For various personal reasons, many people with chronic
pain and invisible illness try to remain in the workforce despite their
dysfunction. Why shouldn't we want this? We are defined by what we do, and
it is depressing when that part of our life is threatened, we want to be
financially solvent and be respected among our peers. Many of us cling
to our jobs by our fingertips successfully, but we need help. In chapter
seven
“Approaching the System Systematically” we discuss the programs available to assist us. They are:
- The Americans with Disabilities Act (ADA)
- Five Areas of the ADA
- The ADA General Rule—Statute 42 U.S.C. §12112(a) Qualified
Individual, Essential Function, Reasonable Accommodation
- United States Department of Labor (USDOL)—Equal Employment
Opportunity, Undo Hardship
- The Equal Employment Opportunity Commission (EEOC)
- Patient Rights
- Miscellaneous Programs and Help, such as Workers’
Compensation, COBRA, Private Disability Insurance, Employee Assistance Programs
(EAPs), ERISA, FMLA, Vocational Rehabilitation, and Temporary Assistance
Programs
- Confidentiality and HIPAA
(Cooper and Miller, 2010)
Rule #1 - Know what programs are available.
(Cooper and Miller,
2010), we discuss how these programs work and don’t work for people with
disability.
The alternative – applying for SSA benefits
Programs such as Social Security Disability Insurance (SSDI), for people with a
work history, and Supplemental Security Income (SSI), for the disabled without
a work history, are available, but it isn't as simple as that.
The process has many rules (see links provided at the end).
So what happens when you fall off your own fiscal cliff?
It is imperative that you have a paper trail (medical record) that documents
specifics on your ability to function. For instance, multiple sclerosis is in
the "Listing of Impairments" (
Soc Sec Blue Book) and now fibromyalgia is too. However, that does not mean one with MS,
FMS, or any other listing of impairment automatically qualifies for SSDI or
SSI. The progression of the disease and how it affects you personally and your
ability to perform work (SSDI) is what makes you eligible for benefits.
Rule #2 - If it isn't in your medical record, it’s not so.
All of your symptoms and life modifications should be presented to your
physician for your medical record. Doctors are very busy and one that supports
you should be glad to have any of the various recording tools we present in
our
book. (Cooper and Miller
2010) This information will also be helpful if you need to appeal, most
initial applications are turned down. See
chapter seven for: WINNING A SSDI APPEAL - Getting Turned Down—What
Next?
Among other tools in chapter seven are:
- Interaction Worksheet for Important Calls and Meetings [with
the SSA]
- Table for Determining Disability Status for Those Limited to
Sedentary Work
- Table for Determining Disability Status for Those Capable of
Light Physical Work
Rule #3 - Provide evidence of how your symptoms obstruct your daily living, and
what alterations you have made to survive. Make sure documentation reaches your
medical records.
MOST IMPORTANT! When entering the appeals process, an attorney that specializes
in chronic pain and invisible disorders is worth their weight in gold.
The process is difficult at best and having the experience of someone who
specializes in this type of law will help you evaluate if you have a medically
determined disability, and they will know if you fall under SSDI or SSI. Theses
specialized attorneys help you gather medical records as evidence, recommend
physicians that specialize in evaluation of functional capacity, and other
criteria necessary to win your appeal . They will schedule hearings,
apply for back pay and many other things you would not have the knowledge to
execute. If you have an attorney, you have a greater chance of winning than
if you don't. They are knowledgeable on navigating the legal system and knowing
what criteria is necessary to meet the Social Security Administration
expectations. Disability attorneys are paid on contingency, only if you
win, so their incentive to determine if you have a case is genuine.
Rule #4 - Hire an appeal attorney that is familiar with
chronic pain and invisible illness, you will be more likely to win your appeal.
Applying and going through the process of SSDI can cause
great financial burden on our household. Things to be considered are loss of
income, the stress of the process in general, and the cost COBRA insurance
(which you should make every effort to keep because you will need continued
documentation that your disorder is not improving while going through
appeal.)
Chapter Seven,
"Approaching the System Systematically” has all the information on what Social Security requires to make a determination.
Fill out the questionnaires at the end of each chapter, keep track of all
the tests and doctors and the results on the various forms provided. Have your
primary doctor give you their narrative report; you will have your ducks in a
row. Our publisher has given permission to copy these documentation tools for
your personal use.
- Medication Log
- Symptom Inventory Survey
- Anatomical Diagram of Pain
- Health History Log
- Treating Health Care Provider Log
- Chronological Health Record
(Cooper and Miller, 2010)
Clarifying assumptions
I was shocked when I got a copy of my medical record from
one of my specialists of 25 years. Unbeknownst to me, he consistently
documented no changes in my medical record. I copied the “Residual Functional
Capacity Assessment” (link at the end) and reviewed it with him. He filled it
out signed it and put it in my medical record. He knew all the things
they were asking, but many times physicians are not savvy, instead they run the
other way when asked for their input. Reviewing your functional status is
not only good for your medical record; it should be a periodic review for you
and your physician, so you and he/she understands how pain and illness affects
you. This is an easy tool to help everyone involved.
Rule #5 - Don’t assume anything. Making the
information available to your physician should be welcome and it helps you
track your successes and failures too.
Functional Impairment
The Social Security Administration's (SSA) wants to see how
illness affects your ability to function and they want objective measurable
criteria. They are looking specifically at your ability to function in the work
force taking into consideration your ability to speak English, your age, your
education and your previous work experience.
Have you noticed a steady decline in the way you form words, transpose numbers,
letters and words or have difficulty putting an intelligent sentence together?
It can be frustrating and life altering. The work that once took us an
hour now takes us all day, possibly days and needs to be broken down in small
manageable increments. If you notice you consistently have to set a timer
to remind yourself of something in 3 minutes, or leave items out as triggers to
your brain to complete a simple task you used to take for granted, be sure you
bring this up. A neurocognitive exam is in order. The exam will
document attention, memory, recall, response to repetitive behavior, and how
the results relate to others of your age, experience, and education. It should
be administered by a forensic neuropsychologist who is known by the court, and
they have tremendous credibility. It will be bitter sweet seeing the
results in black and white. The psychological pain comes in having your
disabilities validated, but it is also reassuring to know you are not off your
rocker.
Rule #6 - Brainfog? Get a neurocognitive exam.
- What is your cognitive-neuro score?
- Does altered sleep interfere with your ability to cope, if
so, how?
- How long does it take you to prepare simple tasks?
- Do you have to have medical equipment to carry on each day?
- Are there days when you can’t drive and why?
- Are you able to lift, carry, stand, use your arms for long
periods, if not, why?
- Are your symptoms affecting your relationships and how?
- Do you have other conditions that affect your pain and
function?
- What adjustments have you made to accommodate your personal
needs?
These are an example of what the SSA is looking for, there
are more in the
book, but the idea is to get you thinking about how your
illness and pain are affecting you. Write down each thing as you notice it.
We evolve into this new person because we must, don’t lose sight of how
your life is affected. I mostly talk about how to cope, and say putting
such focus on these things is unhealthy, but this is the time you must. as
unpleasant as it is. As I said before, the process is itself is
difficult.
SSDI and Their Expert Witness
The SSAs own doctors said I should not do anything that requires repetitive
long term motion of my upper extremities and hands, (boy do I ever know that)
and that I should not stand or sit for prolonged periods. This was THEIR
doctor. Yet in my denial letter they suggested I get a job as a "doll
maker." Obviously the system is overloaded. Don't stop, file an
appeal.
Rule #7 - Don’t give up.
The Administrative Law Judge (ALJ) may ask for expert testimony from an
independent source. Most of these experts do not have direct experience with invisible
illnesses. Most of us go months or years without a diagnosis and have
difficulty finding THE doctor that knows how to diagnose our condition, so you
can imagine what the ALJ’s “expert witness” knows about how our illnesses
affect our lives, let alone our ability to stick to the regimented schedule of
work duties. The laws protect us somewhat because the ALJ should give
more weight to the opinion of the claimant’s treating doctor than to the
opinion of one of their doctors. However, the judge’s expert witnesses have
more impact on the ALJ’s decision when the claimant’s physician has not
adequately addressed and documented key issues in your medical record.
"When defeat comes, accept it as a signal that your
plans are not sound, rebuild those plans,
and set sail once more toward your
coveted goal."
--Napoleon Hill
Helpful Links:
Americans with Disabilities Act
ADA
Equal Employment Opportunity
EEOC
~ • ~ • ~ • ~ • ~ • ~
Each part of this blog is discussed in detail in Integrative
Therapies for Fibromyalgia, Chronic Fatigue Syndrome and Myofascial Pain: the
Mind-Body Connectionby Celeste Cooper, RN and Jeffrey Miller, PhD.
Available at:
~ • ~ • ~ • ~ • ~ • ~
All answers and blogs are based on the author's opinions and
writing and are not meant to replace medical advice.
Celeste Cooper is a retired RN, educator, fibromyalgia
patient, and lead author of the Broken Body Wounded Spirit: Balancing the See
Saw of Chronic Pain devotional series (coauthor, Jeff Miller PhD), and
Integrative Therapies for Fibromyalgia, Chronic Fatigue Syndrome and Myofascial
Pain: The Mind-Body Connection (coauthor, Jeff Miller PhD) She is a
fibromyalgia expert for Dr. Oz, et al., at Sharecare.com,
here, and
she advocates for all chronic pain patients as a participant in the Pain Action
Alliance to Implement a National Strategy,
here. You can read more
educational information and about her books on her website,
http://TheseThree.com
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