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Tate Jensen

SS Appeals Council reconsidering my fibromyalgia case - also can my 55-year-old dad apply for SSDI with depression and COPD?

Just got notice that the Appeals Council will reconsider my SSDI case for fibromyalgia! My attorney just submitted additional mental health records too, which I hope helps. My hearing is scheduled for May/June 2025 - is this reconsideration a positive sign? I've been fighting this battle for almost 2 years now. Also need advice about my dad. He's 55 and has worked consistently for 40+ years (paid into the system his whole life). He's struggling badly with major depression, anxiety, and COPD. He literally falls asleep everywhere - even stopped at traffic lights! He stopped therapy a few months ago because the clinic was full, but he's planning to restart this month. Is it too late for him to apply for SSDI? Would taking a break from therapy hurt his case? I'm worried about him trying to keep working in his condition.

Adaline Wong

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The Appeals Council reconsidering is definitely progress! I went through 3 years of appeals for my fibro claim before finally getting approved. The additional mental health records are smart - having multiple conditions documented strengthens your case significantly. For your dad, it's NEVER too late to apply for SSDI if he can't work due to medical conditions. The key things he needs: 1. He must still be insured for SSDI (sounds like he is with 40 years of work) 2. Strong medical documentation of his conditions 3. Evidence that his conditions prevent substantial gainful activity Him falling asleep at traffic lights is very concerning and sounds like it could be dangerous for him to keep working. The therapy gap isn't ideal, but if he restarts and maintains treatment, that shows he's trying to get better. He should apply ASAP - backpay can go back 12 months from application date if he meets the criteria.

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Tate Jensen

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Thank you so much! That's reassuring about the Appeals Council. I've been so stressed waiting. Do you know if adding the mental health records at this stage might delay things further? I'll tell my dad to apply right away. Do you think he needs to wait until he's back in therapy, or should he just start the application process now? The falling asleep thing is really scaring our whole family.

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Gabriel Ruiz

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my cousin got approved for fibro but it took like 4 tries lol. they always deny first time no matter what. good luck

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This is why the system SUCKS! They INTENTIONALLY deny everyone the first time to wear people down so they'll just give up. I'm on my second appeal for my back injury and it's been 18 months of PURE HELL waiting. Meanwhile they expect us to just what? Starve? Live on the street? The whole system is RIGGED against disabled people!!!

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Peyton Clarke

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To directly answer your questions: 1. The Appeals Council agreeing to reconsider your case is neither positive nor negative in itself - it simply means they found sufficient reason to review the previous decision. However, submitting additional evidence (like your mental health records) is generally positive as it provides a more complete picture of your limitations. 2. Regarding your father: At 55, he falls into the "advanced age" category under SSA's grid rules, which can make qualifying somewhat easier. The gap in therapy isn't ideal, but it's explainable (clinic capacity issues) and not fatal to his case if he resumes treatment promptly. The falling asleep symptom is particularly noteworthy and should be thoroughly documented, as it suggests possible narcolepsy or severe sleep apnea in addition to his other conditions. This creates significant work limitations across virtually all occupations. I'd recommend he: - Apply immediately (don't wait) - Restart therapy as planned - Get comprehensive testing for the sleep issues - Consider having a doctor formally advise against driving - Request medical records from all providers before applying

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Tate Jensen

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Thank you for such a detailed response! I didn't realize my dad would be considered "advanced age" for SS purposes - that's helpful to know. I'll make sure he gets the sleep issues checked out specifically, that makes a lot of sense. Is there a specific form or way he should document that his therapy gap was because the clinic was full, not because he chose to stop treatment?

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Vince Eh

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The appeals council reconsidering is usually a good sign! They reject most cases without review. When do you expect to hear their decision? I'm curious because I'm waiting on mine too for different issues.

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Tate Jensen

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My lawyer said it could be another 2-3 months before I hear anything definite from the Appeals Council, and then the hearing wouldn't be until May/June. The waiting is killing me honestly. What's your situation? Hope you hear something soon!

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Social Security disability specialist here. Let me clarify a few things: 1. For your case: The Appeals Council granting review occurs in less than 20% of requests, so yes, this is potentially positive. Adding mental health records is excellent strategy as it broadens the basis for disability. The timeline you mentioned (hearing in May/June 2025) suggests they're remanding your case back to an ALJ (Administrative Law Judge) for another hearing, rather than making their own decision. This is fairly common. 2. For your father: The combination of major depression, anxiety, COPD, and apparent narcolepsy or severe daytime somnolence creates a strong potential disability claim. At 55, he falls under the "advanced age" category in SSA's Medical-Vocational Guidelines, which means he could qualify with fewer limitations than younger applicants. The therapy gap is not ideal but is explainable as due to provider availability rather than non-compliance. He should document this by: - Getting a letter from the previous therapy provider confirming they couldn't accommodate him due to capacity - Maintaining a record of attempts to schedule appointments - Resuming treatment as soon as possible He should apply immediately rather than waiting to restart therapy. The application process takes time, and he can develop the medical evidence while it progresses.

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Tate Jensen

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Thank you for explaining all this! The Appeals Council info is really helpful - I wasn't sure what it meant that they're sending it back for another hearing. For my dad, I didn't realize the narcolepsy-like symptoms could be separate from his other conditions, but that makes sense. I'll help him get that documentation from his previous therapist about the capacity issues. Should he mention all his conditions in the initial application or focus on the most severe one?

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I struggled for TWO YEARS trying to get through to Social Security about my disability claim! Finally found this service called Claimyr that got me through to an actual SSA agent in less than 2 hours after weeks of failed attempts. They have a video showing how it works here: https://youtu.be/Z-BRbJw3puU Their website is claimyr.com - totally worth checking out if you or your dad need to actually talk to someone at SSA instead of dealing with the constant busy signals and disconnections. Made a huge difference for my sanity during my application process.

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Tate Jensen

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Oh my god, thank you for sharing this. I've been trying to call them for WEEKS about my case details and keep getting disconnected. It's so frustrating. I'll definitely check out that video and website. Did you find they were helpful for complicated situations or just basic status updates?

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They connected me with an actual SSA agent who could see my entire file and answer specific questions about my medical evidence requirements. WAY better than trying to figure it out from the website. The SSA agent even flagged a problem with my file that I wouldn't have known about otherwise. Definitely good for complicated situations!

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Your dad should ABSOLUTELY apply NOW!!! Don't wait another day - the system is designed to DELAY everything. My brother has COPD and it took him 3 YEARS to get approved even with OXYGEN TANKS! If your dad is falling asleep at stoplights he should NOT be working or driving!!!! That's dangerous for him and everyone else on the road. The therapy gap won't matter if his doctors clearly document his conditions. He's paid in for 40 YEARS - he DESERVES his benefits!!

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Tate Jensen

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That's exactly what I'm worried about - the driving safety issue. I've been trying to tell him to stop driving but he's stubborn about his independence. Maybe I'll show him these responses. Sorry it took your brother so long, the system really is frustrating.

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Peyton Clarke

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One important point nobody has mentioned: for your father's application, make sure he specifically lists all conditions, but especially document the falling asleep episodes in detail. This could indicate several possible conditions: 1. Sleep apnea (common with COPD) 2. Medication side effects from treatments for depression/anxiety 3. Narcolepsy or idiopathic hypersomnia 4. Potential neurological issues He should keep a daily log of these episodes - when they occur, duration, circumstances, etc. This kind of specific documentation significantly strengthens disability claims, especially for symptoms that don't show up well on standard medical tests. Also, since he's 55, check if he qualifies for early retirement as a backup plan while pursuing SSDI. Though benefits would be reduced, it might provide some income during the potentially lengthy disability determination process.

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Tate Jensen

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The daily log is such a great idea! I'll set something up on his phone to make it easy for him to track. I hadn't thought about early retirement as a backup - I'll look into that too. I think he's really struggling with the idea of not being able to work after supporting himself his whole life, but his health has to come first.

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Gabriel Ruiz

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my mom went thru appeals for her fibro too. they kept saying it wasnt real even tho she couldnt even hold a cup somedays. make sure u have a GOOD lawyer, made all the difference for her

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Tate Jensen

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I've got a lawyer who specializes in fibromyalgia cases, thank goodness. It's so frustrating when they act like it's not a real condition just because it doesn't show up on standard tests. How long did your mom's appeal take if you don't mind me asking?

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