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Old 02-02-2009, 03:55 PM #1
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Default Denial Letter from Social Security now what???

Well after waiting 6 months I got my denial letter from social security today. This is what it stated:

"We have determined that your condition is not sever enough to keep you from working. You state you are disables and unable to work becuase of right foot drop, numbness right leg, muscle spasms, vision problems, 6th nerve palsy, depression, memory loss, headaches, back pain, fatigue, loss of coordination. We have reviewed the medical records, and they show that you are being treate for your condition." and blah blah. Are they kidding me.

Yes I'm being treated but nothing is fixed so how in the world amI supposed to act or perform work duties with all these doctor appointments and new medications just to see what will happen.

So now what do I do???

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Old 02-02-2009, 04:56 PM #2
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Look into getting a lawyer. That's what I did. The first time I applied - I did it on my own and was denied. Then I got a lawyer and took it to a judicial hearing. I won.

Don't give up!!!

Niko
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Old 02-02-2009, 05:10 PM #3
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this whole process can take upwards of 2 yrs. sorry.
it's common to be denied on your first try. i was too.

make sure all your drs are on the same page, especially your pcp and neuro.
make sure they have documented this in your chart. make copies of everything even if you have to pay for them.

then contact a disability lawyer and employ them to file your appeal.
they will take a certain % from any benefits you're initially paid. you don't give them anything up front. and they will usually do a free consult.

i can't emphasize enuf that your drs have to back you up and have their results in your chart.

good luck. and i agree. don't give up.
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Old 02-02-2009, 05:36 PM #4
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I hired an atty who specialized in SS disability claims. As soon as she heard I had ms and my sx she took my case - the only $$ she expected me to pay were any expenses she incurred and 1/3 of the back $$ from when I first applied. Granted the 1/3 is a goodly amt but she made it so easy/smooth that it was absolutely worth it. She didn't charge me the $200-300 in expenses; I figured it was because she made many thousands from my case.
Good luck,
Linda
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Old 02-02-2009, 06:32 PM #5
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Sounds to me like they need to get "treated" for stupidity!
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Old 02-02-2009, 06:47 PM #6
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How do they expect people to live while they dilly-dally around, and then the lawyers end up taking a large chunk?

Seriously!?!

Cherie
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Old 02-04-2009, 12:31 AM #7
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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
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Old 02-06-2009, 12:04 PM #8
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Default 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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Old 02-07-2009, 05:45 AM #9
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Jan is right. My denials all came from the state's DDS, (Disability Determination Services). A bunch of yayhoos, in my opinion. In one of their denial letters, they did not list my neurologist's statements. Only visits to other doctors that had nothing to do with MS.

Seemed like they had 'selective' reading. I finally 'lawyered up', and won at the ALJ hearing. It's truly a shame that it has to get to this level.
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Old 02-03-2009, 10:37 AM #10
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Default 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.
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