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-   -   Denial Letter from Social Security now what??? (https://www.neurotalk.org/multiple-sclerosis/76126-denial-letter-social-security.html)

oldsteve 02-03-2009 06:14 AM

I agree it's time to "lawyer up". I had to, and it all worked out.

patch 02-03-2009 08:36 AM

Quote:

Originally Posted by SallyC (Post 458886)
The Idiots waste taxpayer dollars to take all the time and paperwork to deny all these ligitimate claims..:mad:

Keep in mind, that, if you are 55 and disabled you can collect regular SS, unless that rule has been changed.

I'm actually 33 years old a mom and wife a used to be career woman until all of this happen. What gets me is this started back in 2004 (symptoms) but was never diagnosed with MS because there was not enough to diagnose me. I still have no lesions. But as the years pass I have had new symptoms like foot drop, my left eye is turned inward and see double where ever I go, numbness on my right thigh and on my right side of rib cage. Let alone the fatigue and depression. And my myelin protein is elvated at a 5.

How do they expect me to work with double vision and a inward left eye??? The doctors won't operate because the don't want to risk my eye turning the other way.

Thanks for the advise, I really do appreciate it.

patch 02-03-2009 08:37 AM

Thank you everyone. I guess I better start looking for a lawyer and get to the second part of my battle. But no worries I'm going with a fight this is not going to bring me down!!

Dejibo 02-03-2009 09:31 AM

Its also great to have a STONG MD letter attached to your petition. BURY them in paperwork from a MD, MS MD, depression MD, local leaders, like a pastor, and ex bosses who will attest to your "inability" to perform to the standards required for your chosen field. SOmetimes I think they simply chuck out the first one to see if you will come back at them.

I would apply and re apply! the more paper work backing you up you can attach the better. REmember a lawyer will take 1/3 of the original settlement, PLUS paperwork fees. so, if you dont want to lose that money, gather up help from your MD office. The nurses at a good PCP can be sharks!

:grouphug::hug:

karilann 02-03-2009 10:37 AM

Denied
 
Sorry your claim was denied. You need to stop and get a Social Security Lawyer.
I was denied even though they sent me to their doctor and she was concerned that I was worse than I had stated in my application!!

Every state is a bit different, but here in Michigan it may take me 3 years before I can see a judge. This is why I urge others to get a lawyer first thing instead of risking getting denied.
There are so many factors that play a role in denials. If you are younger than 50 you are more likely denied....if your job now is considered skilled, then they figure you can do less skilled work etc.

I know its disappointing, but hang in there and go to the next step....get a lawyer.
Big Hug:grouphug:

FaithS 02-03-2009 11:28 PM

Patch --

Think through the ways that your right foot drop, numbness right leg, muscle spasms, vision problems, 6th nerve palsy, depression, memory loss, headaches, back pain, fatigue, and loss of coordination affect you at work.
  • Are there specific duties that you are unable to perform?
  • Do they slow you down?
  • Do others have to pick up the slack for you?
  • Do you have to lay your head down on your desk during your work day to cope with fatigue and headaches?
  • Etc.

Also, concerning your absences due to your appointments:
  • Do you run out of sick time and have to use FMLA time?
  • Does utilizing your time off affect your ability to perform your job functions adequately?
I agree with others that it is very important to have your doctors on board with you. They should be aware of the reasons why you believe that your disabilities related to MS render you unable to work, and they should document those in your chart.

My 3 doctors each wrote a letter to SSA, because I'd been advised by somebody on another board that this was helpful. But, then I read somewhere that they don't even read those letters. I don't know which is accurate. But, if the information is in your chart, they'll read that.

I also meticulously documented my ER visits and my many hospitalizations. And, that I'd lost 3 jobs since 2002, due to absences related to MS, and my absences from employment of many months between some of my jobs, due to necessary recovery time from flares.

My application was approved within 3 months, with no attorney. Although my symptoms might have been more severe, you certainly had more symptoms. When I am not in a flare, I only deal with fatigue issues, and with some balance problems. But, I emphasized the way that my MS affected my job when I was in a flare. Some people recommend that you only tell them what life is like for you when you are in a flare, and not when you are in a remission. But, I didn't do that. I was up front with them about the differences.

Best wishes,
~ Faith

patch 02-04-2009 12:00 AM

Quote:

Originally Posted by FaithS (Post 459716)
Patch --

Think through the ways that your right foot drop, numbness right leg, muscle spasms, vision problems, 6th nerve palsy, depression, memory loss, headaches, back pain, fatigue, and loss of coordination affect you at work.
  • Are there specific duties that you are unable to perform?
  • Do they slow you down?
  • Do others have to pick up the slack for you?
  • Do you have to lay your head down on your desk during your work day to cope with fatigue and headaches?
  • Etc.

Also, concerning your absences due to your appointments:
  • Do you run out of sick time and have to use FMLA time?
  • Does utilizing your time off affect your ability to perform your job functions adequately?
I agree with others that it is very important to have your doctors on board with you. They should be aware of the reasons why you believe that your disabilities related to MS render you unable to work, and they should document those in your chart.

My 3 doctors each wrote a letter to SSA, because I'd been advised by somebody on another board that this was helpful. But, then I read somewhere that they don't even read those letters. I don't know which is accurate. But, if the information is in your chart, they'll read that.

I also meticulously documented my ER visits and my many hospitalizations. And, that I'd lost 3 jobs since 2002, due to absences related to MS, and my absences from employment of many months between some of my jobs, due to necessary recovery time from flares.

My application was approved within 3 months, with no attorney. Although my symptoms might have been more severe, you certainly had more symptoms. When I am not in a flare, I only deal with fatigue issues, and with some balance problems. But, I emphasized the way that my MS affected my job when I was in a flare. Some people recommend that you only tell them what life is like for you when you are in a flare, and not when you are in a remission. But, I didn't do that. I was up front with them about the differences.

Best wishes,
~ Faith

Thanks, I will remember that. I printed this out so I can start again.

FaithS 02-04-2009 12:09 AM

Quote:

Originally Posted by patch (Post 459731)
Thanks, I will remember that. I printed this out so I can start again.

You're welcome. Hope the advice helps. :)

~ Faith

weegot5kiz 02-04-2009 12:31 AM

Howdy howdy, sorry about the denial, but its kind of how its played out, make sure you file an appeal asap, call the local area help agencies and see if their are any free advocates to help in the process I eventually got a lawyer and yes it took two years for me to finally get approved(last week) There are a few on here who were able to get approval sooner, so don't despair just keep slugging away, its all you can do, always appeal, don't stop, that too is part of the game, it is a difficult system for a reason, it has a high percentage of folks who say screw this and stop fighting or dealing with it, good luck, one step at a time

Jan4you 02-06-2009 12:04 PM

HUGS to you ~!
 
Dang.. I felt tired and overwhelmed just reading YOUR symptoms ~!!

I tried this with my husband who was denied 4 times.He had lifetime seizures.. on many many meds.. 2 brain operations.. leaving him blind in ONE eye.. yet was STILL denied. BUT.. his dad.. wrote state representatives..and BADGERED his attorney..and finally finally he got accepted. The atty told us its down from about 2 years (AFTER all records are in place) to about 18 but my husband got his in 15 months.. with the monies coming a few months later. AND you get the arrears from the time you started your last application. THey eventually told us (the local social security office..it would be faster to reapply than fight the last rejection. OK..

BUT.. what his attorney finally told us was this.

Dont try to do this yourself..no matter how many MDs write. AND everyone just about gets denied 1st time.

The state Social security has contracted specialists hired by your state who examine you..BUT..who are told they better find a way to say you can still be treated (meds etc) =you can still work. They then carefully word their letters which legally gets them off the hook and hence the denial process begins.

Only a FEW go through the first time. I expect every one to be denied.. GET AN ATTY who specializes in this kind of work.

Bring along ALL the names.. addresses and numbers of MDs.. therapists.. anyone who has treated you or is now treating you. The Atty will have you sign releases and they will get your records. CHeck in with the MDs etc to see how swiftly they respond. Most have office personnel that does this for them. BUt still...its often not a top priority for some.. so TELL your treating MDs etc to expect this letter and to respond as quickly as can. They need to state they feel you can NO LONGER work. Many do not want to say that.. which leaves an opening for a denial letter.

The more quickly they respond.. the quicker your case will follow and set up for a hearing BUT. then you are on a waiting list for these court commissioners or whatever these judges are called. THAT takes months..sometimes a few years.

Sorry.. I do not know how people survive while waiting. I am nearing that point myself..oh..

yes...there is another formula. The closer you are to 65 the better. Or after 50 to start with. I think thats the age the Atty told us. Once my husband reached 50 he was accepted. They are not fools.. they know that YOUR disability check takes monies OUT of the system.

You have to do renewals.. every few year...2 I think? I am not sure but there is a renewable period that will follow.

GOOD LUCK.. have your ducks in a row (mostly these MDs)..

Warmly Jan


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