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Magnate
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Join Date: Mar 2010
Posts: 2,304
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Magnate
Join Date: Mar 2010
Posts: 2,304
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Quote:
Originally Posted by Always_Believe
Definitely confusing!! I am still trying to figure this all out! I guess my thought was with the "The medical evidence in file shows that your condition does cause some restrictions..." statement on my denial letter, I have a MDI that just per documentation does not meet the severity SSA is looking for.
I would suggest at least contacting Allsup, and requesting they review your case.
The diagnosis on my initial app did not include RSD/CRPS, only patella fracture, meniscus tear & peroneal nerve damage. I will be adding the depression and RSD to my reconsideration request.
I understood the RSD/CRPS diagnosis is new, but it wasn't even suspected before? It's not enough to simply add new diagnoses. SS is going to want to see that you have pursued treatment for these issues, and that regardless you are unable to return to work.
But if I amend AOD to when I turn 50, first of all: I don't even turn 50 for another year and a half; secondly: how is that even possible???
You would discuss amending your AOD with your attorney before the ALJ hearing. He or she would have it as an option if it appeared you had little chance of a Fully Favorable decision at the hearing. Or you could start a new application when you turn 50.
So my doctor's office has access to the RFC forms? Or do I download/print them and take them to the doctor? If I download/print them, are they found on the SSA site?
I can certainly make an appointment with my TN ortho for a follow-up/re-check visit if that helps the longevity of care. Sadly, I could no longer afford $2300/mo for COBRA or travel 500+ miles for continued care. I, too, hate the lapse in care.
No, your doctor does not have the forms. I linked to them earlier in the thread. There is more than one version and SSDfacts likely has them at their site as well. I personally highly encourage you to discuss a FCE BEFORE requesting your doc fill out these forms--especially a new doc.
It was knee surgery and considering I subsequently underwent surgery (performed by a different ortho) for that same diagnosis (given by the ortho that erroneously documented I 'refused'), does that factor at all? Would that be something I can discuss with ALJ? I actually told the first ortho I would "do whatever it takes to get my life back", a sentence I continue to repeat today. I would much rather be doing what I have loved and wanted to do since I was 5 years old than have my daughter on stand-by when I shower & help me get my pants on.
I was simply giving an example from info you had posted. SS expects medical documentation that you've been pursuing treatment for conditions most have a good chance of recovery from. You pursued surgery and then received a diagnosis of RSD/CRPS, so they'll now want to see extensive documentation of your pursuing treatment for it.
Currently, there has been no surgical recommendation for my nerve damage. PT has been recommended/ordered and performed. I actually purchased a recumbent bike to work on my quad strength at home, but without a current MRI to determine if there is new injury or not, I am reluctant to potentially cause more damage.
Finally getting a PCP and an ortho referral, I am hopeful I will be able to obtain updated records within the 60 day time frame for reconsideration. Failing that (since you are so knowledgeable & helpful  ), would I submit a new application with AOD reflecting the peroneal nerve damage diagnosis (4/2014) or the RSD diagnosis (2/2015) (which would definitely take more time to determine 12 months or more) or both/all?
I don't think starting a new application will help at this time. You might want to take the full 60 days to file the appeal to give you time to add new evidence, but understand the likelihood is very small for you to be approved at this stage. You need to plan on spending the next year focusing on your care and learning about SSDI, and when you eventually receive an ALJ hearing, if you are not well enough to work by then, then hopefully you'll have enough evidence for a Fully Favorable decision. If not, you can consider amending your AOD to your 50th bday (or if the ALJ agrees, have the lower standard up to 6 months before that.)
My apologies for such a lengthy post and the ongoing continued questions. And many many thanks for your assistance! |
No problem!
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