View Single Post
Old 08-29-2009, 07:36 PM
richjack4 richjack4 is offline
New Member
 
Join Date: Aug 2009
Posts: 1
10 yr Member
richjack4 richjack4 is offline
New Member
 
Join Date: Aug 2009
Posts: 1
10 yr Member
Default MS disability

Quote:
Originally Posted by RSD31 View Post
Just received a favable decision today and they went back to my start date of 3/4/05 can not believe it is over after all this time i'm in shock
First off, congrats on your outcome! I'm new to this stuff and I was wondering if you can help me.......I've been refused twice and it makes me feel like I'm a dreg or something.....Worked my whole life but they make it seem like I'm looking for something for nothing. So much so I'm wondering if in fact I am....So, I've pasted the letter I sent SS. Can you tell me if you think these are disabling criteria.......thanks for your time

My original filing for disability benefits commenced in February of 2008. I was declined such benefits via written notification on July 18, 2008. I subsequently filed a request for reconsideration via e-mail on September 16, 2008. Another refusal for such benefits was sent via written correspondence dated December 28, 2008. However, I did not receive that notification until July 2009 when it was re-mailed by your agency to my ex-wife’s new husband’s residence. How you obtained that address for my correspondence is beyond me, because it certainly did not come from me. That re-mailing was dated June 23, 2009. When I went on line to request an appeals hearing I was not permitted to do so because my request was subsequent to the 60-day expiration dated notification. When I spoke to a representative of your agency about this, she sent me this paperwork and advised that I contact my local Social Security Agency.

The original notification indicated that I was capable of employment, that my Multiple Sclerosis (MS) and depression did not qualify me for benefits. However, I never mentioned the word ‘depression’ in any of my claims! Yet what I have complained about, severe vision and vertigo issues and their related balance dilemmas, were never addressed! I am well aware that my neurologist and world-renowned MS researcher advised you that I was incapable not of just performing my chosen profession, but any employment endeavor whatsoever. Why a health examiner by the state, who saw me all of ten minutes, can make an assessment otherwise of my condition is beyond the scope of my comprehension.

Here are the issues, for the record, that I am seeking disability compensation:

A. Total lack of normal sensation throughout my entire body that manifests itself in severe spascity and pain.
B. Total lack of feeling/sensation in my hands other than a burning tingling. Without the aide of sight, I cannot pick-up or sense any objects in my hands (I.e keys or coins in pocket). Exact same goes for my feet.
C. Total overall body weakness, particularly in the arms and legs.
D. Constant severe vision dysfunction and vertigo. Loss of balance has led to falls resulting in broken ribs. Dizziness and inability to see functionally has lead to the use of a cane while walking.
E. Severe eye pain and headaches resulting, so I postulate, from trying to focus my vision.
F. Severe fatigue. I spend, on average, at least 4 hours of the waking day lying down to rest.
G. Total body stiffness that manifests itself in pain.

Finally, I would like to address one final aspect of my refusal notification of December 2008. I took particular umbrage with the comment I can perform ‘normal’ daily functions. Can you button a shirt without assistance? I can’t. Can you cook without assistance? I can’t. Can you perform household chores without assistance? I can’t. Do you avoid showers and shaving because of the dilemmas and risks involved? I do. Do you drive less than 3,000 miles a year because of the potential risks involved? I do. I respectfully request a hearing before the Appeals Judge.
richjack4 is offline   Reply With QuoteReply With Quote