Chat Transcript for Ms. Jacqueline Beard
May 9, 2007
Moderator
Good afternoon. The Lupus Foundation of America is pleased to welcome Ms. Jacqueline Beard. Ms. Beard is a Senior Case manager at the Patient Advocate Foundation (http://www.patientadvocate.org) headquartered in Newport News, VA. She serves as an active liaison between the patient and their insurer, employer, and or creditor to resolve insurance, job discrimination, and / or debt crisis matters relative to their chronic, life threatening or debilitating illness. Ms. Beard provides assistance to patients to help resolve problems that are relevant to Social Security Disability, Supplemental Security Income and Medicaid issues.
Ms. Beard educates, empowers and proactively assists patients to negotiate with insurance representatives, treating physicians, and medical providers to mediate issues regarding access to care, Medicaid, Social Security Disability Insurance and Supplemental Security Income for patients. Her patients benefit from her wealth of knowledge when it comes to Social Security laws and regulations as well as state and government resources throughout the United States.
Ms. Beard’s duties do not stop there; she takes pride in serving with the African American Outreach Program as an outreach speaker, conference and booth attendant.
We welcome Ms. Jacqueline Beard, and thank her for joining us this afternoon. If a question is not answered in the allotted time today, feel free to contact the Patient Advocate Foundation directly. One of the case managers can provide individual counseling / assistance. The number is 800-532-5274.
Finally, a transcript of today's chat will be posted after the chat and will be available for one year. Without further delay, let's begin.
Moderator
The first question comes to us from North Carolina. I was diagnosed 2 years ago at age 48. I often have flares of my SLE. My memory is somewhat "foggy" at times. I am in need of knee replacement and I am trying to postpone that as much as possible. I am also trying other methods in meantime. I have come to the realization that I have an illness that does not have a cure, and have decided to apply for SSI. How difficult is this procedure for a lupus patient?
Ms. Beard
You can apply for Social Security benefits by calling or visiting your local Social Security office. There are federal government listings in your local phone book or you can call a toll free number from any where in the United States by calling 1-800-772-1213. If you have access to the internet, visit Social Security Online at www.ssa.gov. You can shorten the time it takes to process your claim if you have the following medical vocational information when you apply: Medical records from all treating physicians, hospitals, clinics; your laboratory and test results; the names, addresses, phone and fax numbers of your doctors, clinics and hospitals; and the names of employers and job duties for the last 15 years. Submit a copy of your most recent tax return along with recent pay check stub You will also need a letter from your attending physician that includes this phrase as written: "… will be unable to work for 12 months or longer."
Moderator
This next question comes from New York. I get military retirement, can no longer go out to work because of lupus and other medical issues. Can I get Soc. Sec. Disability?
Ms. Beard
It depends. You can still get Social Security Disability Insurance benefits if you paid into the SSI system. A claimant must have enough work credits to qualify for SSDI benefits, and have paid into the Social Security Administration System for the last five to ten years. You will need at least forty quarters to qualify for SSDI benefits. If you do not have enough work credits, you will not be eligible for SSDI benefits. To clarify how the SSA system works, credits are based on the amount of your earnings. You can earn up to a maximum of four credits each year when you work in a job or operate your own business as a self-employed person and pay Social Security taxes. Each year the amount of earnings needed for credits goes up slightly as average earnings levels increase. In 2007, you earn one credit for each one thousand dollars of your earnings. Therefore, if you have earned at least four thousand dollars during the year, you can get the maximum four credits.
Moderator
This comes from Florida. I have pending SSI disability claim. Since my stroke 5 years ago, I have no physical limitations but have migraine and nervous anxiety issues with fatigue and was unable to continue to work. Any suggestions on dealing with the hearing process?
Ms. Beard
At the hearing level, the key is to provide as much medical documentation concerning your medical impairment as possible. The hearing will be conducted by the Administration Law Judge (ALJ). The ALJ will conduct an informal hearing and will have a chance to see the claimant in person. The ALJ will take an impartial look at all the evidence and issue an independent decision based upon the merit of the claim. It is helpful for the claimant to have an attorney present to assist them when at the hearing level to serve you as your representative.
Moderator
Alabama has the next question. I have battled lupus (SLE) for 26 years. I have been waiting on a hearing date over a year now. What can I do to hopefully push my case forward? I do have an attorney.
Ms. Beard
You can expedite the Hearing Process by submitting any additional information that you may have to the Office of Hearing and Appeals through your attorney. The only way that you can expedite a claim through the SSI is if you are terminally ill. Unfortunately, if you have provided your attorney with the additional medical records, it appears that you have done all that you can do at this point.
Julie
Does longevity of having lupus (ex: 26+ years, all on steroids) come into play when being considered for SSD?
Ms. Beard
Although it seems as if you may be disabled, I believe from the information provided that the following will help you to determine whether you are qualified under the SSA guidelines. The SSA classifies disability under Social Security for an adult is based on your inability to work because of your medical condition. To be considered disabled: 1) you must be unable to do work you did before, and Social Security decides that you cannot adjust to other work because of your medical condition. 2) Your disability must last or be expected to last for at least one year or to result in death. Social Security pays only for the total disability. No benefits are payable for partial disability or short-term disability. For adults, the Social Security Administration uses a five step evaluation process to decide whether you are disabled under Social Security. The process considers any current work activity you are doing, and your medical condition and how it affects your ability to work.
Moderator
Another question from Oklahoma. I’ve applied once and was denied. Should I reapply for SSI? I do live with SLE.
Ms. Beard
It is important to know why you were denied for SSI benefits before answering your question. Were you denied SSI benefits because of medical reasons or were you over the income/resource limits? SSI is a program run through the Social Security Administration that is based upon income and resources. The income limit for a single person is six-hundred and twenty-three dollars and the resources limit is two thousand dollars for a single person. The income limit for a couple is nine hundred and thirty-four dollars, and the resource limit for a couple is three thousand dollars. The SSI has a cost of living increase yearly, so these amounts will change. If you were denied medically for SSI benefits, you should reapply. Furthermore, if you are within the appeal time of sixty days, you should appeal the Social Security Administration’s decision instead of reapplying.
Moderator
Minnesota asks ... Since the symptoms of lupus are so intermittent, how can periods of disability be declared? For example, my SLE results in a "lupus fog" that clouds my thinking for days at a time and then improves.
Ms. Beard
Unfortunately Social Security pays only for total disability. Benefits are not paid to those individuals who are only partially disabled or suffer from a short-term disability.
Moderator
Washington DC wants to know ... I am a 34 year old mother of 3. I have a BS degree, and was working at a hospital as an IV Technician. Since being diagnosed with lupus, I have been unable to perform this job. I have been denied SSI, and public assistance. I have good days and bad days. I was told I was too young and lupus is not a real life threatening disease. What can I do?
Ms. Beard
The Disability Examiner not only looks at your medical impairment that prevents you from working, but they also consider past work experience, severity of medical condition, age, education, and work skills. The Patient Advocate Foundation and The Lupus Foundation of America are attempting to educate people on the realities of these diseases and the impact that they have on people diagnosed with lupus. Therefore, to answer your question, I suggest that you reapply. Maybe you can win the case at the hearing level before the Administrative Law Judge.
Moderator
Massachusetts asks ... Will I be able to collect social security disability if I am retired and already getting social security?
Ms. Beard
When you reach full retirement age, nothing will change except for Social Security purposes. Your benefits will be called Retirement Benefits instead of Disability Benefits.
Moderator
Maryland asks ... I'm 26+ year lupus patient (on prednisone entire time), currently age 42. I haven't worked since 10/27/06 and cannot return to working due to a number of reasons. I'm working on completing the SSD application online, but am wondering if there is any benefit to hiring a lawyer BEFORE I submit my initial application? I've been told many times that they often don't take cases until you've been denied once. Do lupus patients ever get awarded SSD without an attorney? (Percentage?) Is there a good source for SSD attorneys in Maryland?
Ms. Beard
The answer to your question is yes. Many lupus patients or any patient, for that matter, can receive SSDI benefits without attorney assistance. The receiving of benefits mainly depends upon the severity and/or chronic nature of the claimant’s impairment before they are deemed eligible for SSDI/SSI benefits. In other words, your medical condition must significantly limit your ability to do basic work such as walking, sitting, standing, lifting, or remembering for at least a year or longer. I can’t answer the second part of your question regarding percentage. However, you can look in the Yellow Pages of the phone book to locate disability attorneys. Additionally, an attorney can be contacted by getting in touch with your state’s branch of the American Bar Association Office of Pro Bono and Public Service. The aforementioned office can also be located online at www.findlegalhelp.org.
Moderator
Our next question comes from Illinois. I contracted discoid lupus approximately 5 years ago and have experienced difficulties securing SSI benefits. I've been told that my condition isn't server enough for benefits. Is that true?
Ms. Beard
You’re correct in your assumption concerning SSI benefits. Disability under social Security for an adult is based on your inability to work because of your medical condition. To be considered disabled: 1) You must be unable to do work you did before, and Social Security decides that you cannot adjust to other work because of your medical condition. 2) Your disability must last or be expected to last for at least one year or to result in death. Social Security pays only for the total disability. No benefits are payable for partial disability or short-term disability. For adults, the Social Security Administration uses a five step evaluation process to decide whether you are disabled under Social Security. The process considers any current work activity you are doing, and your medical condition and how it affects your ability to work.
Moderator
New York asks the following. I’m currently on disability thru employer I applied for SS disability. What are my chances to get it?
Ms. Beard
Unfortunately, I am unable to answer that question since I don’t know your medical condition. However, I would suggest that you call your local Social Security Administration to determine whether you can receive benefits. You can contact the SSA at 1-800-772-1213.
Moderator
This is from North Carolina. What can I do about all of these past due medical bills that are appearing on my credit?
Ms. Beard
Although this is not a Social Security question, I believe that you can contact the Billing Office at the hospital or your doctor’s office where you received the care to determine whether they have hardship, charity, or indigent programs available. The aforementioned will allow you to see if they will either write off or reduce your medical bills. Additionally, be prepared to offer the facility details concerning your health and financial status.
Moderator
From Tennessee ... I'm a 51 year old female. I have SLE, Fibromyalgia, Sjogren's, arthritis, severe depression, chronic fatigue and I have had 2 strokes. My lawyer told me to stash away a couple thousand dollars because of my age. My third year on disability is coming up this summer & my lawyer says because of my age there will be a 3yr review and I could get kicked off SS. He's had me paranoid for three years which hasn't helped my stress and flares. It seems the depression has taken over, but my therapist tells me not to worry about losing SS. Should I be concerned because of my age, or any other reason?
Ms. Beard
To answer your question concerning your age and the three year review, your disability benefits will continue as long as your medical condition has not improved and you cannot work. Your case will be reviewed in regular intervals to make sure that you still fit within Social Security Administration’s guidelines of being disabled. If you are seeing your therapist regularly and have sufficient documentation that your depression will prevent you from working then you should not worry.
Julie
If you apply for SSD online, how do you provide the medical records that you have? I apologize if this is a silly question.
Ms. Beard
The SSA will schedule an appointment with you to get more detailed information at that time the Claim's Rep will have you to sign release forms and the Disability Examiner will get your medical records from your treating physicians.
Moderator
Tennessee asks ... I was diagnosed with SLE in January 2000. I applied for SS in September 2005, and was turned down. I am now waiting for my hearing date. What will happen at that? What will happen when that is over?
Ms. Beard
In most cases, a hearing with an ALJ will be held, but the actual amount of time varies from case to case depending upon a number of different factors such as whether additional information is needed after the hearing. If new evidence is received after your hearing, but prior to receiving a decision the ALJ will determine whether a supplemental hearing is necessary. After the ALJ renders a decision, the SSA office will send you a detailed decision within thirty to sixty days. Nevertheless, if you are denied at the hearing level you don’t have to file a new claim, an appeal can be filed with the Appeals Council Review in sixty days.
Moderator
Here’s our next question. I attempted twice to apply for disability through the SSA before my state disability was exhausted without success. Now that I have received my last state check, I can go back to the SSA, but was told it would take 3 to 6 months for determination. Is there any way to speed up the process since I will be homeless if it takes that long?
Ms. Beard
Unfortunately, no. The only way to expedite a claim through the SSA is if the claimant is terminally ill. It is very important to understand that the documentation has to be completed by your treating physician. Documentation should include MRIs, CT Scans, pathology reports, etc. The SSA has an expedited procedure for processing terminally ill cases to ensure that a favorable decision can be made. The codeword for this type of case is "TERI" case. Please visit www.ssa.gov to find more information about Presumptive Disability or contact Patient Advocate Foundation at 1-800-532-5274.
Moderator
I am a nurse with multi organ involvement lupus (Kidney, CNS, heart). I have had active disease for 3 years with no remission. I am having trouble getting SSD. I have worked hard all of my life. I am in financial disaster and really need advice!
Ms. Beard
Since your case is so involved, please contact the Patient Advocate Foundation for further assistance with Social Security and debt crisis issues. We can be contacted at 800-532-5274.
Moderator
That is all the time we have for today’s chat. Thank you to Ms. Jacqueline Beard for joining us.
If a question was not answered in the allotted time today, feel free to contact the Patient Advocate Foundation directly. One of the case managers can provide individual counseling / assistance. The number is 800-532-5274.
Please join us Wednesday, June 6 at 3 p.m. EST for our guest Dr. Al Herzog from the Institute of Living / Hartford Hospital. Dr. Herzog will discuss the challenges of dealing with the emotions of lupus.
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