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-   -   Anyone ever heard of a letter of dire need. (https://www.neurotalk.org/social-security-disability/143223-heard-letter-dire.html)

Rickey 01-16-2011 12:40 PM

Anyone ever heard of a letter of dire need.
 
I am a 51 year old male with several medical problems. I have been working since I quit school in the 9th grade at 16 years old. In the past 10 or 12 years, my health has gone down hill. I have managed over the years to hide my medical problems from previous employers just so I could continue working. Some of these medical problems include degenerative arthritis in all my joints. Cervical arthritis in my neck. Cholesteatomas in both ears(I have to wear hearing aids). COPD, Grand Mal Seizure Disorder and several other problems.
My main work experience is in truck driving but this all came to an abrupt end a few years back (2003 or 2004) when I had a seizure while driving out in west Texas. I put about $250,000 worth of truck, trailer and freight out through the pine trees south of Waco. This did not set well with the owner of the truck; I guess luck kept him from suing my pants off. Needless to say, I was prohibited from driving in Texas for 2 years. And with that on my driving record, another job driving was out of the question. I haven’t been behind the wheel of a truck since.
I did manage to keep working at short term odd jobs to try to make ends meet. But my conditions keep getting worse and they are at the point now that I can’t hide it any longer. I had to quit working back in August of 2009 because of these medical problems. I applied for my social security back in Dec 2009 and of course they turned me down. I filed an appeal and I hired a lawyer that I haven’t heard from since he got the signed contract from me. I went to the VA and got all of my medical records and took them to the lawyer. He still refuses to return my calls or contact me in any way. The main problem that made me have to quit is with my left knee. It got to the point that I could not walk or stand for long periods of time because the knee would lock up or start hurting so bad that it would bring tears to my eyes. I have been treated for this knee problem since I fell when I was 18 years old. I was in the Army at the time. I also developed a seizure disorder while in service. I have had to have several operations on this knee and finally it had to be replaced back in Aug of 2010. This operation went bad because of infection and now they say it has to be done all over again after a long antibiotic regiment (about 3 months) which I don’t even know when they will start.
I am a 100% service connected disabled veteran and I do receive a comp check from the VA. Since I have had to quit working, every thing has gone from bad to worse. My wife is 67 years old and she draws about $460.00 a month on her social security, she has battled aches and pains common with someone her age and she refuses to go to the doctor because she says we can’t afford it. She some how has managed to get us this far “robbing from Peter to pay Paul” but it has gotten to the point that we are so far behind, with the cost of gas, utilities and groceries going up every day, we can’t even do this anymore. I have caught my wife several times crying her eyes out trying to figure out how to make ends meet and believe me, this hurts like hell. All our bills are at least a month or more behind and we have had to file bankruptcy. Paying all the utility and other bills and making the bankruptcy payment out of our income leaves very little to live on.
We can’t even afford to eat decent food, hamburger and bacon is about the only meat that we can afford. Eating hamburger with every meal gets old in a hurry. We have several pets, my wife is a cat lover and we have even went so far as to try to give away all our pets because we couldn’t afford to feed them but no one wants them and we will not have them put to sleep or let them starve. We have cut every corner that could be cut and even some that didn’t need to be cut.
We have 2 old worn out Chevrolet trucks that are on their last leg to get around on. Both of them have over 300,000 miles on them and we have to make that 390 mile round trip to the VA hospital in Birmingham Al at least once or twice a month. This has a tendency to make me get knots in my gut quite a lot wondering if we will be left sitting beside the road a long way from home because the truck gave up. We have road side assistance on our insurance but this will only pay to have the vehicle towed to the nearest garage, it don’t pay to fix it or get us home.
We had to go to a title pawn place to borrow money on both the vehicles to pay bills. They loaned us a total of $1200 on both trucks and this is costing us $200 a month in order to keep our vehicles. We have been paying this for several months (at least a year) and we have no way of coming up with the original $1200 to stop this. I know this is stupid to do something like this but it was a matter of keeping the lights on and eating at the time.
We had to go to a check cashing place and borrow $300 at another point in time for the same reason and this is costing almost $100 a month and it has been going on for several months now.
Our light bill has been outrageous with all the cold weather, from $350 to $500 a month and it is still a month or so behind. Our power company allows 3deferred payments a year and we have used all 3. We owe the power company several hundred dollars in overdue bills. This is very, very frustrating to have to deal with every month that god sends. I was told by an employee of the electric company to go to OCAP to get help with paying the bill. OCAP told me right off the bat that there was a 2 year waiting list for assistance and no guarantee that they could help even after the wait.
We have had an electrical fire in our home in the last year. Our insurance paid $3,000 for this to be repaired. I am no electrician at all and now we don’t have lights in the master bedroom or the master bathroom. this is not related to the previous fire. We can’t even afford to have an electrician to come out and fix this. Are we just waiting for another fire?
We are currently under bankruptcy; we had to do this to keep from loosing our home. The payment on this bankruptcy is around $695.00 a month. A bill consolidation loan is out of the question, no bank or finance company will even talk to us because of the bankruptcy.
We rent the lot where our house is setup (it's a doublewide trailer) and we have been here for 18 years. The lady that owns the land is getting on up in age. She turned everything over to her son. Now they have put the whole place up for sale. I can’t ask him to just sell me the spot where my house is because I can’t afford to make a payment even if he would finance it for me. He has not asked us to move so far. But if the land sells and the new owner dose not want to continue to rent me the lot where my house is, I have no clue as to where I can get the money to have my house moved let alone getting a place to move it to.
We don't have any relatives that have the ability to help us so thats not a choice. I realize that I am not the only person with these kinds of problems and I know that I am not the only person with medical problems. I wish to god that I was able to just go back to work and pay my bills. At this point that is pretty much out of the question. I can’t even walk for Christ sake.
Even if I could walk, with so many people out of work and looking to find a job. Who in their right mind would hire me at my age and with my health like it is before they would hire someone a lot younger and healthier? I can’t drive a truck anymore because I can’t pass a DOT physical and I don’t have much experience in anything else. I don’t have a high school education and most places won’t even talk to you without one.
I know that social security has their rules and policies that they have to go by and I realize there is a very large back log. With my health like it is, I can’t understand why they turned me down to start with. I don’t see any way for us to survive waiting another year for a hearing, by then every thing will be gone and we will be out in the cold.
I don’t have a lot to show for all my years of working but I do have a little, I have a home (at this point in time) and I have a very good wife that has stood beside me through thick and thin. Being on the verge of loosing everything including our home is putting a very hard strain on our marriage. I realize that my financial situation is nobody’s fault but mine. This is not like I am applying for a loan, I am only asking for what is rightfully mine. I have paid my social security diligently for 30 some odd years and now I desperately need a little help. Could anyone offer any advice on sending a "Letter of Dire Need" to social security? Should I contact my congressman? My lawyer is obviously not concerned too much about my problem.

Any advice would be greatly appreciated.

lefthanded 01-16-2011 02:04 PM

First let me say I am very sorry to hear of your situation. For many Americans this is exactly what they fear may happen to them as they watch everything they know slip away.

Second, fire your attorney. Find a new one. That is probably easier said than done, but an unresponsive attorney, while not being on the endangered species list, should be!

Third . . . it sounds like you live in Texas? Why do you drive two states away to Alabama to go to a VA hospital? And won't VA pay for the medication you need to get your knee surgery? Try googling Rx assistance programs and see if there is one that might be able to help you.

You may need to close off rooms and keep your thermostat lower . . . $300-500 seems rather high for a light and heat bill for one month. And I would suggest that a post roast can last days for less $$ than it would cost to eat hamburger for the same period, plus you can roast it with a few potatoes and carrots for some vegetables. I would also suggest supplementing your diet with some canned tuna, chicken (roast a whole fryer and you can eat at least three meals for two people), and pasta with tomato based sauces, for better nutrition and equivalent costs. Bacon is expensive around here . . . and not the best choice for health; in our house it is a rare treat! We have learned to live by the 3-4 oz of meat per serving rule and that helps stretch proteins a lot further. If you don't qualify for food stamps, I would suggest seeing if a food bank could help supplement your food budget.

I am sorry I don't have much help to offer for your finances. Most of us are scrambling to stay out of situations like yours, and options are running out for many of us.

I do wish you well, and that 2011 will find you getting some relief.

echoes long ago 01-16-2011 02:23 PM

yes definitely contact your congressman and fire your attorney. your attorney should be helping you to file for a dire need from SS and expedite your hearing date.

Rickey 01-16-2011 06:06 PM

Thanks Guys
 
I do live in Alabama; I was in Texas driving over the road when I had the wreck. They say if I try to fire that lawyer that he can hit me up for fees. I really don't know of any fees he could charge as he hasn't done any thing. I got all my medical records myself and took them to his office. He just simply told me that he knew all the social security lawyers and judges here in Alabama and that he could get quick results, in other words he lied to get me to sign the contract. I just don't understand it, we the people of this country vote for and elect people to run this country and to protect our rights. We pay very high taxes and social security from the time we are old enough to work. These people we voted into office have the right to take our tax dollars and use it to bail out big corporations without even asking us. Then they sit back in their big chairs while one of their organizations (social security) jerks people around about getting what is rightfully theirs. I'm no politician and I really don't follow politics that much. The point is, why do the people we elected to office just sit back and vote themselves in a new pay raise every year and then watch social security destroy people’s livelihood, their dignity, their pride and anything else they might own. My wife has been drawing her social security since she turned 62, she has not gotten a cost of living increase for the past 3 or 4 years but the government hasn’t missed a year without a pay raise. I know there has to be rules to decide who is eligible and who is not, but I don’t see why it should take from a 1 1/2 to god knows how many years to decide. These social security offices are all state run, why doesn’t the state government try to put people that need jobs and are able to work to work in these offices to help with the backlog. I guess I’m just rambling because of my situation. Sometimes I think about just sticking a gun in my mouth and pulling the trigger. Or maybe say to hell with all of it and move to Mexico or Canada.

Kitty 01-16-2011 08:16 PM

Take a good look at the contract you signed with your lawyer before you fire him. That small print can come back to bite you later!

Please don't give up. It's always darkest before the dawn. :hug:

Rickey 01-16-2011 09:11 PM

Quote:

Originally Posted by Kitty (Post 735515)
Take a good look at the contract you signed with your lawyer before you fire him. That small print can come back to bite you later!

Please don't give up. It's always darkest before the dawn. :hug:


Thanks Kitty,
I really couldn't stand too many more bites at this point in time. When and if I ever do get a hearing, I will make it very, very clear to the judge that this lawyer has done absolutely nothing to help me, not even a phone call. I think I am going ahead with the Letter of Dire Need myself, I think I have to send it to the Social Security Hearing Arrangement Office in Mobile Al. If anyone actually knows where to send it, please let me know. I guess if anyone there takes the time to read the letter, they will then give it to the ALJ and he will make a decision as to whether or not he will expedite my hearing. Everything I have stated in this reply is stuff I have found on the web, I truly have no idea if it will work or if they even consider a Letter of Dire Need in the state of Alabama. I did ask the lady at the social security office the other day and she knew nothing about it. She had never heard of it. But anyway, all they can do is approve or disapprove it.

echoes long ago 01-16-2011 10:41 PM

contact your congressman also

Cblue 01-16-2011 10:42 PM

rlj1959, I don't have any good advise, but I will surely say some prayers for you and your wife! I hope you get approved for everything that you desperately need. You did a wise thing by looking up this website.
Take care! God bless!!!!

Samm 01-16-2011 10:49 PM

All I can add is I was a driver for over 30 years. Also suffer from advanced Cervical arthritis and diabetic Neuropathy .

Anyway, my Doc wouldn't pass me on the required DOT physical, unless I saw a Neurologist and was given the OK. After tons of testing, the Neurologist said I was not physically qualified to drive a commercial vehicle.

When I interviewed with SSA, she said my age (57), high school education, and lack of skills that could be used doing other types of work, my chances of approval were very high.

I explained all of that in my medical review, and included a copy of my DOT physical report the Doctor had denied me on. I don't know how much influence that had, but was approved on the 1st application, with a 5-7 year review.

Rickey 01-16-2011 11:41 PM

Quote:

Originally Posted by Samm (Post 735550)
All I can add is I was a driver for over 30 years. Also suffer from advanced Cervical arthritis and diabetic Neuropathy .

Anyway, my Doc wouldn't pass me on the required DOT physical, unless I saw a Neurologist and was given the OK. After tons of testing, the Neurologist said I was not physically qualified to drive a commercial vehicle.

When I interviewed with SSA, she said my age (57), high school education, and lack of skills that could be used doing other types of work, my chances of approval were very high.

I explained all of that in my medical review, and included a copy of my DOT physical report the Doctor had denied me on. I don't know how much influence that had, but was approved on the 1st application, with a 5-7 year review.

Thanks Samm,
My cervical arthritis is also advanced. This is probably from bouncing up and down the roads in an old truck. I did it for 19 years. When I was interviewed, they told me that with all the medical problems that I have, I was sure to be approved. They requested all my medical records from the VA. But 4 months later, BAM I was denied. I filed the appeal immediately and now I wait and wait and wait. I sometimes wonder do those folks at SSA even know or think about the fact that people are loosing there homes and everything else while they try to think up more reasons to turn down really and truly disabled people. It's like I said earlier, I wish to god that I was able to tell them where to stick it and go back to work.

Jomar 01-17-2011 12:52 AM

Did you do a search for tips or how to write a letter of dire need?

I found this -
http://www.ehow.com/how_5960580_ssa-...dire-need.html

legalmania 01-17-2011 01:44 AM

Hey rlj,

Have you tried calling your local welfare office. They may be able to hook you up with agencys that can help you with your lights, food stamps, ect. I know a lot of people are embarrassed to do this but if you are hungry and you need help with your lights you should give it a shot. There are also a lot of food banks that are willing to help people in your position. Make sure to mention you are a vet.
Before firing your attorney I would make an appointment with your local SS office and go in and see exactly what has been done. Your attorney may be further along than what you think. If you start all over it's going to take more time. If you find nothing has been done write a complaint to the bar in your state. The bar will call him and ask what is being done, and he will know you mean business.
I have found once you're in the system then you basically have to wait. There are thousands of people out there who are waiting along with you. A letter of dire need only qualifies if you are terminally ill, homeless or if someone is in jail. Good luck to you and it's not hopeless just timely. Please read below.



Submitting Dire Need, Terminal Illness requests, or information regarding incarcerated individuals

1.
NOTIFY THE HEARING OFFICE WHEN THE CLAIMANT HAS A TERMINAL (TERI) CONDITION, IS HOMELESS, OR IS IN DIRE NEED, AND INCLUDE APPROPRIATE DOCUMENTATION SUPPORTING THESE ALLEGATIONS.
Notifying a hearing office of these circumstances can significantly expedite the processing of a case, if the allegation is supported. The criteria and reference links for critical case processing can be found in our provisions in HALLEX I-2-1-40 (Critical Cases).

2.
WITH THE REQUEST AND DOCUMENTATION SUPPORTING THE ALLEGATION, SUBMIT UPDATED EVIDENCE SUPPORTING THE CLAIM FOR AN OTR REVIEW.
If a dire need case can be awarded without the need of a hearing, this works to the advantage of the claimant and the hearing office.

3.
IF CLAIMANT IS INCARCERATED, PROVIDE THE HEARING OFFICE WITH THE ADDRESS OF THE FACILITY AND THE RELEASE DATE.
There are many difficulties that arise when an individual who has requested a hearing is incarcerated. For example, if an in-person hearing must be conducted, there are varying rules and procedures depending on the facility in which the claimant is incarcerated. Some claimants are transferred after a hearing has been scheduled but before the hearing has been held. For these types of reasons, it is very important that the hearing office is apprised at all times of the status of an incarcerated claimant.

Janke 01-17-2011 01:59 AM

Quote:

Originally Posted by rlj1959 (Post 735531)
Thanks Kitty,
I really couldn't stand too many more bites at this point in time. When and if I ever do get a hearing, I will make it very, very clear to the judge that this lawyer has done absolutely nothing to help me, not even a phone call. I think I am going ahead with the Letter of Dire Need myself, I think I have to send it to the Social Security Hearing Arrangement Office in Mobile Al. If anyone actually knows where to send it, please let me know. I guess if anyone there takes the time to read the letter, they will then give it to the ALJ and he will make a decision as to whether or not he will expedite my hearing. Everything I have stated in this reply is stuff I have found on the web, I truly have no idea if it will work or if they even consider a Letter of Dire Need in the state of Alabama. I did ask the lady at the social security office the other day and she knew nothing about it. She had never heard of it. But anyway, all they can do is approve or disapprove it.

I think you should read the contract you signed. Although I agree that it is not a good business practice, your agreement with the attorney may not reference anything about calling you back timely or writing a dire need letter for you. If you do fire this attorney, he can petition for costs and the amount of time that he spent on the case. If you continue under the contract, the attorney may be entitled to 25% of the retroactive benefits no matter whether he worked hard or not. If you don't want to have SSA enforce the contract that you voluntarily signed, you need to get out of it. One of the things you pay an attorney for is expertise and knowing when and how to make an argument. There is not always much that can be done to move you to the front of the long line of people waiting for hearings, unless the attorney writes a persuasive brief and gets an OTR (On the Record decision) without a hearing.

Since you are unhappy with the person you hired, you should interview a few others to figure out who you might want instead. Any rep who can guarantee an approval or that they can get you moved ahead is probably not telling the truth.

Rickey 01-17-2011 10:38 AM

[QUOTE=Jo*mar;735563]Did you do a search for tips or how to write a letter of dire need?


Thanks Jo*mar,
Yes, I have searched every where and I did read the page you have listed.

Jimking 01-17-2011 12:09 PM

Does your lawyer advertise himself as an expert in SS law? Did you read your medical records from VA that went to SS? Was it 2009 when you applied for SSDI? if so how many rejections have you gotten? As mentioned before check out your local welfare agencies for help and above all contact your congressman.

Rickey 01-17-2011 01:14 PM

Quote:

Originally Posted by Jimking (Post 735691)
Does your lawyer advertise himself as an expert in SS law? Did you read your medical records from VA that went to SS? Was it 2009 when you applied for SSDI? if so how many rejections have you gotten? As mentioned before check out your local welfare agencies for help and above all contact your congressman.

Yes he does on the lawyer. I did not see the actual records that social security got from the VA. I really didn't know that I could request to see the records they used in their decision. I did apply in 2009 and I have been denied 1 time.

Rickey 01-17-2011 06:08 PM

You guys ain't going to believe this!
 
My lawyer must be watching this forum, he actually called me today. He finally told me that SSA made their decision on my case for only one of my medical problems. They only judged on my COPD, none of the other problems were even looked at. They only got records from the VA pertaining to COPD. My COPD is a doctor diagnosed problem and I do have to keep an inhaler around for it but it didn't keep me from working. I asked the lawyer why they did this and he told me that the doctor that SSA sent me to for the normal physical told them that the COPD was the only thing he found of any concern and that it was not severe enough to warrant disability and I won't argue that point. But I couldn't even do the squats and toe stands he asked me to do because I couldn't bend my leg and he tells SSA that there is nothing physically wrong with me. I honestly believe that SSA pays these doctors not to find anything. I wish I was able to go over to his office and hit him up side the head with my crutches.
Anyway, my lawyer made out like he knew nothing about the knee replacement after all the nasty messages I left him. But he thinks that with all the medical records, and x-rays pertaining to the knee replacement and a form filled out by my orthopedic doctor, that we might stand a chance of getting the case reviewed immediately and overturn the decision. He quoted to me something that I had already found from SSA's own rules of qualifications. The rule states that the impairment of a weight bearing joint that has lasted or is expected to last 12 months is qualified for disability. This problem has kept me from working for 18 months now and it is no where near being resolved. I believe this puts me over the qualification limits set by SSA and the lawyer does too. I pray to god this don’t turn out to be another one of his tricks to get my hopes and confidence in him back up. I would be really PO’d.

Jimking 01-18-2011 08:08 AM

rlj1959, If I were you I would retrieve all medical records pertaining to your case. They are your files and you have a right to see them and read them carefully yourself not just your lawyer. They must state you can not work currently either directly or indirectly otherwise you'll most likely fail. It sounds like you've been rejected twice and have not had your day in front of a Social Security judge yet. If this is the case your two rejections are quite common, happens to most people. You must take control of those records and move the doctor reports into your camp if you are infact totally disabled. There are tests you can take that will show your limited ability to function at a job. It's called an FCE test---google it and read about it carefully. If it is something you may persue talk to your lawyer first. Also SS will send you to doctors they contract with. Has this happened?

Rickey 01-18-2011 09:59 AM

Quote:

Originally Posted by Jimking (Post 736016)
rlj1959, If I were you I would retrieve all medical records pertaining to your case. They are your files and you have a right to see them and read them carefully yourself not just your lawyer. They must state you can not work currently either directly or indirectly otherwise you'll most likely fail. It sounds like you've been rejected twice and have not had your day in front of a Social Security judge yet. If this is the case your two rejections are quite common, happens to most people. You must take control of those records and move the doctor reports into your camp if you are infact totally disabled. There are tests you can take that will show your limited ability to function at a job. It's called an FCE test---google it and read about it carefully. If it is something you may persue talk to your lawyer first. Also SS will send you to doctors they contract with. Has this happened?

I may have been a little excited in my last post and didn’t make it clear. I do have access to all my records at any time from the VA. I didn’t actually know why SSA denied my claim until my lawyer told me yesterday. SSA some how made a very large mistake from my initial claim. They act like I was filing for disability only because I have COPD. That was the only records they requested from the VA was about the COPD. I now have a Very Large box with 2500 to 3000 pages of medical records. I have no idea why this happened unless they based their decision solely on what that quack doctor they sent me to for the consultative physical told them. I could not do all the bending, squatting and other exercises that he wanted me to do because of my knee yet he reports to SSA that there was nothing physically wrong with me. I have gone to this doctor several years ago because of my seizure disorder; he has treated me for it and prescribed medicine for it before the VA took it over. Try to tell me that ain’t fixed. I had to quit working and file for disability because of my knee and some how this was overlooked by SSA. I have several medical problems; some of these medical problems include degenerative arthritis in all my joints. Cervical arthritis in my neck. Cholesteatomas in both my ears (I have to wear hearing aids), COPD, grand mal seizure disorder and several other problems including the problems with the left knee. Everything was included on my initial claim and all but one was ignored. I don’t understand how the law will allow SSA to base their decision on the findings of a doctor during a 30 minute physical. A doctor that most people probably have never even been to and this doctor has no clue about your health. They don’t take x-rays or do any other kind of special test to back up your claim. They take his word over several doctors of a very highly rated VA medical center and years of medical records. I see I’m rambling again. Anyway, I sincerely appreciate each and every reply to this situation I’m in. I appreciate all the support and advice given to me. I will keep you all posted over the next few months about everything that is going on.

don1956 01-18-2011 12:04 PM

Quote:

Originally Posted by rlj1959 (Post 735480)
I do live in Alabama; I was in Texas driving over the road when I had the wreck. They say if I try to fire that lawyer that he can hit me up for fees. I really don't know of any fees he could charge as he hasn't done any thing. I got all my medical records myself and took them to his office. He just simply told me that he knew all the social security lawyers and judges here in Alabama and that he could get quick results, in other words he lied to get me to sign the contract. I just don't understand it, we the people of this country vote for and elect people to run this country and to protect our rights. We pay very high taxes and social security from the time we are old enough to work. These people we voted into office have the right to take our tax dollars and use it to bail out big corporations without even asking us. Then they sit back in their big chairs while one of their organizations (social security) jerks people around about getting what is rightfully theirs. I'm no politician and I really don't follow politics that much. The point is, why do the people we elected to office just sit back and vote themselves in a new pay raise every year and then watch social security destroy people’s livelihood, their dignity, their pride and anything else they might own. My wife has been drawing her social security since she turned 62, she has not gotten a cost of living increase for the past 3 or 4 years but the government hasn’t missed a year without a pay raise. I know there has to be rules to decide who is eligible and who is not, but I don’t see why it should take from a 1 1/2 to god knows how many years to decide. These social security offices are all state run, why doesn’t the state government try to put people that need jobs and are able to work to work in these offices to help with the backlog. I guess I’m just rambling because of my situation. Sometimes I think about just sticking a gun in my mouth and pulling the trigger. Or maybe say to hell with all of it and move to Mexico or Canada.

hello friend and fellow "Vet"just want to say i/we all feel your pain.just look at some of the posting i put up;)it reads the same as yours and as everybody else's.but also what we all have in common besides going thru the pain of "SSDI":(.is that we all are here to lend and ear and support.you'll find how such alittle thing like that means a whole lot.i know we are strangers,but we care:hug: and as for the "Gun":confused:dont think your the only one who also though of that...we all have:(....if you just want to just vent your feeling,me and a young lady here by the name of "LegalMania"has set up a section just for that:grouphug:

Rickey 01-18-2011 01:23 PM

Thanks Don,
I do realize that I'm not the only one with these problems. I wish to god that everything concerning an SSDI claim was much simpler for everyone. I just don't understand why SSA has to make it so complicated for a truly disabled person to get what is rightfully theirs. What I found out yesterday from my lawyer has me very, very upset. SSA only used one of my medical problems to make their decision. What about all the other medical problems, why did they not look at these? They were all plainly stated on my initial claim. No where on that claim did I state that I had to quit working because of COPD. It was a combination of all the medical ailments, mainly my knee. It just don't make no since what so ever.

Jomar 01-18-2011 01:37 PM

I think they are having to be very picky now as the economy has slowed and many with maybe not so serious health problems are trying to get SSD.
Don't take it personally, they are just following the directives of the higher ups.

I haven't been through the SSD system but did the Work comp system - seems like they are kind of alike in some ways... it's all in the paperwork and what the drs write and how they write it. and some attys are very mediocre...IMO.:(

I hope the atty is helping to get all your health problems listed correctly.
But you may have to read the reports and make notes about any wrong information so atty can get it straightened out with your drs so it is all clear & all covered in the reports & paperwork..

I read this tip somewhere - on your reports/drs notes- take a highlighter and anytime you see something incorrect mark it , then on another piece of paper write out the correct information and maybe number each correction as you go along so anyone reading later can match the info easily.

the next step I'm not sure on - if you have atty check it, or have the dr check it for clarification... prob the atty first - he should be able to tell if anything you marked needs to be addressed or not.


I would still write your letter of dire need with copies of all bills that are owed and behind on payments, esp the ones for your home and possible loss of it.

I would keep the letter simple and clear - if it gets too wordy their eyes will glaze over ...

I would list each health problem starting with the ones that affect your ability to work the most at the top of the list and going down from there.

I think the tips on that ehow link sounded pretty good.
you may even be able to find a sample letter somewhere online, but I wouldn't copy it just use it as a guide to cover all points.

[In your letter tell them exactly how you feel. Exactly what is going on in your life. Let them know what lead to your disability. If you are or have been suicidal or homicidal, make sure you include these things in your letter. Tell them things you have discussed with you doctors. Doctors don't always take notes of every conversation they have with you. Tell them what medications you are taking and ALL side effects of the medication. If at all possible, write the letter yourself. If necessary have someone type it for you, but use your own words. You can use a representative, but the SSA may not take you as seriously.

Read more: How to Get Your SSA Disability With A Letter Of Dire Need | eHow.com http://www.ehow.com/how_5960580_ssa-...#ixzz1BPdCLBXK
]

echoes long ago 01-18-2011 03:21 PM

Jo Mar makes an important point. Remember in all the paperwork you fill out for ssdi it is important not only to state what disease or condition you have but how that particular condition affects your ability to work. for example, how it affect ability to stand, sit, bend, kneel, climb, reach, concentrate. fatigue, balance etc. whatever it affects. this also goes for whatever medications you are taking and also if you have pain and cant sleep, or concentrate, or have to take frequent naps. So for your knee you would explain how that inparticular limits you in being able to work and then go through each condition you have plus medication.

Rickey 01-18-2011 05:09 PM

Quote:

Originally Posted by echoes long ago (Post 736171)
Jo Mar makes an important point. Remember in all the paperwork you fill out for ssdi it is important not only to state what disease or condition you have but how that particular condition affects your ability to work. for example, how it affect ability to stand, sit, bend, kneel, climb, reach, concentrate. fatigue, balance etc. whatever it affects. this also goes for whatever medications you are taking and also if you have pain and cant sleep, or concentrate, or have to take frequent naps. So for your knee you would explain how that inparticular limits you in being able to work and then go through each condition you have plus medication.

Hi echoes long ago,
I did do all this in my initial application. As far as the knee replacement, the doctors had discussed it with me but at the time I applied, a decision had not been made to do it yet. But I did state on the application that the knee was the deciding factor on me having to quit work. SSA obviously did not see this or they just ignored it because of what the doctor at the consultative physical told them. Either way, my lawyer thinks that with the letter of dire need and the severity of my disability, he can get the hearing expedited or get the judge to make a bench decision and overturn the denial without a hearing. As I have stated several times throughout this topic, I would give anything if I were able to go back to work and forget this nightmare. The fact that I can't even walk puts that pretty much out of the question. I just have to keep hammering away at it and hope for the best. I do know this, if I loose my home because of this. Somebody better look out.

don1956 01-18-2011 07:01 PM

Quote:

Originally Posted by rlj1959 (Post 736208)
Hi echoes long ago,
I did do all this in my initial application. As far as the knee replacement, the doctors had discussed it with me but at the time I applied, a decision had not been made to do it yet. But I did state on the application that the knee was the deciding factor on me having to quit work. SSA obviously did not see this or they just ignored it because of what the doctor at the consultative physical told them. Either way, my lawyer thinks that with the letter of dire need and the severity of my disability, he can get the hearing expedited or get the judge to make a bench decision and overturn the denial without a hearing. As I have stated several times throughout this topic, I would give anything if I were able to go back to work and forget this nightmare. The fact that I can't even walk puts that pretty much out of the question. I just have to keep hammering away at it and hope for the best. I do know this, if I loose my home because of this. Somebody better look out.

thats the same fate i to am facing "Rlj".i just got another re-exam that we are now using in my case.last week i went to a "EMG"doctor for another evaluation.he found that i have 2 rupture disc's in my neck:eek:im going in thursday to see a neck/spine surgeon.for 2yrs i kept telling these people that im still in pain.guess they believe me now:mad:but what do i do for the time being:confused:See just like you my "brother"i may loose everything(home,truck,etc).i to have gone to the "VA",lawyers,unemployment,etc.and we both have legit injuries:Sigh::icon_sad:i dont know you or you me,but i got your back "myFriend":hug:

legalmania 01-18-2011 07:33 PM

Quote:

Originally Posted by don1956 (Post 736235)
thats the same fate i to am facing "Rlj".i just got another re-exam that we are now using in my case.last week i went to a "EMG"doctor for another evaluation.he found that i have 2 rupture disc's in my neck:eek:im going in thursday to see a neck/spine surgeon.for 2yrs i kept telling these people that im still in pain.guess they believe me now:mad:but what do i do for the time being:confused:See just like you my "brother"i may loose everything(home,truck,etc).i to have gone to the "VA",lawyers,unemployment,etc.and we both have legit injuries:Sigh::icon_sad:i dont know you or you me,but i got your back "myFriend":hug:

Hi don,
Think long and hard about your back, you know they are going to want to do surgery. I haven't heard a lot of people saying they've had good results from back surgery, as a matter of fact I've heard a lot of them got worse. I'm sure there is a discussion about it somewhere on this site. I'm sure someone can point you to the right thread.
SSI and SSDI are so overwhelmed with cases, and a lot of information is being overlooked. I actually found pages from another case in one of my clients files. It took me months to strengthen it out. They acted like it wasn't a big deal, but it could have made the difference of being denied or approved.

Rickey 01-18-2011 10:06 PM

Sorry Follks,
My leg is hurting like hell so I tried to go to bed. No luck with the sleep. Thanks for the cover Don; it's always good to have someone covering your 6 o’clock. Please don't ignore what legalmania said about this back surgery. I have a close friend here; as a matter of fact she is the lady I used to work for. She is only 42 years old and she has had 3 major operations on her neck and upper spine that I am certain of. She may have had even more. We worked together in a floor covering store that her husband owns. She was the store manager but no body ever told me what my title was. Anyway, this job requires constant heavy lifting, constant standing and walking on a concrete floor. There have been times; we would have to stand around in the show room with bargain hunting customers for 2 or 3 hours at a time without sitting down. You can't just walk out on a customer. She had gotten to the point that she was always dropping stuff. She couldn't even hold on to a pencil to write because her hands and arms would be numb. She has had 2 of those fusion surgeries, what ever that is and the last one she had before I had to quit was surgery on a collapsed disk that was pinching a nerve. That happened about a year before I had to quit and she is still in terrible pain all the time and her hands and arms still go numb. Before I left, she dropped a box of fancy ceramic tile trim that cost the store about $600.00. Her husband has hired 2 replacements for me because she can’t do any heavy lifting and that job takes 2 people most of the time. Anyway, be very, very particular about what you let them do to your back

Thanks, rlj1959

don1956 01-19-2011 02:04 PM

Quote:

Originally Posted by rlj1959 (Post 736308)
Sorry Follks,
My leg is hurting like hell so I tried to go to bed. No luck with the sleep. Thanks for the cover Don; it's always good to have someone covering your 6 o’clock. Please don't ignore what legalmania said about this back surgery. I have a close friend here; as a matter of fact she is the lady I used to work for. She is only 42 years old and she has had 3 major operations on her neck and upper spine that I am certain of. She may have had even more. We worked together in a floor covering store that her husband owns. She was the store manager but no body ever told me what my title was. Anyway, this job requires constant heavy lifting, constant standing and walking on a concrete floor. There have been times; we would have to stand around in the show room with bargain hunting customers for 2 or 3 hours at a time without sitting down. You can't just walk out on a customer. She had gotten to the point that she was always dropping stuff. She couldn't even hold on to a pencil to write because her hands and arms would be numb. She has had 2 of those fusion surgeries, what ever that is and the last one she had before I had to quit was surgery on a collapsed disk that was pinching a nerve. That happened about a year before I had to quit and she is still in terrible pain all the time and her hands and arms still go numb. Before I left, she dropped a box of fancy ceramic tile trim that cost the store about $600.00. Her husband has hired 2 replacements for me because she can’t do any heavy lifting and that job takes 2 people most of the time. Anyway, be very, very particular about what you let them do to your back

Thanks, rlj1959

sorry if im stealing your "Posting Rlj".it goes to show you no matter whose posting it is we all are here for each other.so again sorry;).But i just want to thank you folk on the tip.all i can say is "Gulp":eek:well i thought my was minor,just a quick routine task:(

Rickey 01-19-2011 03:14 PM

Quote:

Originally Posted by don1956 (Post 736507)
sorry if im stealing your "Posting Rlj".it goes to show you no matter whose posting it is we all are here for each other.so again sorry;).But i just want to thank you folk on the tip.all i can say is "Gulp":eek:well i thought my was minor,just a quick routine task:(

No need for an apology Don. I have been doing some really hard thinking about my whole situation after reading all the post in this forum and other forums about SSDI claims. I have come to the conclusion that every bit of this screw up between me and SSA is my fault. When I first applied for SSDI, I was shooting in the dark, I did not research it, I did not provide all the medical records pertaining to all my medical problems to SSA for the initial claim as I should have. I actually had no idea what I was doing from the start. I believe if I had done all this, I wouldn't be in this predicament. I have read where other people have done the research and they did have all the records and proof to justify their claim and they were approved immediately. Some even without a consultative physical. Although I did sign several forms giving SSA permission to get my records from the VA. This was not enough. I should have had all the records in my possession when I first filed in order to back up my claim. I am going to start a new thread offering advice to those who are about to start their nightmare with SSA.

Rickey 01-21-2011 12:49 AM

Well, more bad news. My lawyer sent me an RFC form (I think that’s what it's called) to take to my doctor at the VA today. My doctor told me that an MD or any other medical personnel employed by the government at a VA hospital are prohibited by federal regulation from signing any kind of medical document other than for internal use only by the facility they are employed at. He wouldn't fill out the damn form. I guess I'm screwed again by government regulations. Any body else ever heard of such? I haven't told my lawyer yet because I got back from the hospital late. I’m going to call the patient advocate at the hospital tomorrow and see if she can help me. If it ain't one thing, it’s fifteen.
Forgot to mention this. My knee is still infected, not bad but infected. My doctor decided to weight for a while to see if the infection would go away with oral antibiotics. If not, then they would go ahead and replace the knee again.

Update:
I called my lawyer today and believe it or not, he actually answered the phone. I told him what my doctor said. The lawyer said my doctor is terribly mistaken. He sent me a copy of a VA Directive stating that VA MDs are required by law to complete this type of forms for veterans as long it is not intended to cost the VA anything. He said the VA is very strict on paying for something that SSA is supposed to pay for. Anyway, I'm sending this VA Directive to my doctor along with the RFC form and hopefully he will do it.

don1956 01-21-2011 01:18 PM

Quote:

Originally Posted by rlj1959 (Post 737005)
Well, more bad news. My lawyer sent me an RFC form (I think that’s what it's called) to take to my doctor at the VA today. My doctor told me that an MD or any other medical personnel employed by the government at a VA hospital are prohibited by federal regulation from signing any kind of medical document other than for internal use only by the facility they are employed at. He wouldn't fill out the damn form. I guess I'm screwed again by government regulations. Any body else ever heard of such? I haven't told my lawyer yet because I got back from the hospital late. I’m going to call the patient advocate at the hospital tomorrow and see if she can help me. If it ain't one thing, it’s fifteen.
Forgot to mention this. My knee is still infected, not bad but infected. My doctor decided to weight for a while to see if the infection would go away with oral antibiotics. If not, then they would go ahead and replace the knee again.

your right "Rlj" if its not one thing its fifteen!!:( found out today that i may have to have another operation ,this time to my neck:(.not only do i hope its "WC'but they put it down as and addition to the first one(and over site on there part:mad:).but im going to be on my back with no income(WC,SSDI,unemployment).even welfare cant help.see i do feel what your going through.cant even sleep or ea over this.i stand to loose everything i worked so hard for,what are we to do friend:(

Rickey 01-21-2011 08:12 PM

Quote:

Originally Posted by don1956 (Post 737127)
your right "Rlj" if its not one thing its fifteen!!:( found out today that i may have to have another operation ,this time to my neck:(.not only do i hope its "WC'but they put it down as and addition to the first one(and over site on there part:mad:).but im going to be on my back with no income(WC,SSDI,unemployment).even welfare cant help.see i do feel what your going through.cant even sleep or ea over this.i stand to loose everything i worked so hard for,what are we to do friend:(

I hate like hell to hear that Don. I really can't think of anything we can do accept pray and DO NOT GIVE UP. I do know that legalmania is very well rehearsed in the legal part of this. It's like I said in another post, after I sat and thought about my situation with SSDI. I went at this blindfolded. No research, no medical records in hand when I first applied. I have come to the conclusion that it's all my fault. Well the lawyer is at fault too because he failed to let me know why SSDI turned me down to start with. I realize that yours and others like you are different simply because SSDI doesn’t want to accept the facts. Don't forget Don; be very, very careful what you let them do to your neck. Like legalmania said, sometimes it can do more harm than good. Always remember, we are all behind you.

finz 01-22-2011 09:23 AM

RLJ,

If your VA doc is still adament in his belief after you instruct him of your lawyers info, you could also point out that he could write the exact same info on a VA form/blank progress note.....then you get the info you need and he can keep to his 'rule'

It frustrates me that so many of us have difficulty getting our docs to be detailed enough in their notes. I understand they are under a time crunch, but neglecting to adequately document so we cannot easily get the benefits we are entitled to directly adds STRESS, which is no good for any medical or psychological condition. Hurting a patientthat way violates their oath to do no harm.......so tell your lazy doc to fill out the damn form !

It bothers me even more that it's a VA doc giving you the runaround. How about some respect for our vets !

Rickey 01-22-2011 10:12 PM

Quote:

Originally Posted by finz (Post 737367)
RLJ,

If your VA doc is still adament in his belief after you instruct him of your lawyers info, you could also point out that he could write the exact same info on a VA form/blank progress note.....then you get the info you need and he can keep to his 'rule'

It frustrates me that so many of us have difficulty getting our docs to be detailed enough in their notes. I understand they are under a time crunch, but neglecting to adequately document so we cannot easily get the benefits we are entitled to directly adds STRESS, which is no good for any medical or psychological condition. Hurting a patientthat way violates their oath to do no harm.......so tell your lazy doc to fill out the damn form !

It bothers me even more that it's a VA doc giving you the runaround. How about some respect for our vets !

I don't think he will have a problem with it because I called the patient advocate at the hospital and they are going to speak to the doctor about it.
I also sent a copy of the VA directive to him that disputes his decision not to do it. This directive from the Cheif Of Medical Staff at the VA in Washington says he has to do it. He has no choice. I guess he could put it off for several weeks if he wanted to but I don't think he is that way. He honestly thought it was not allowed.

finz 01-23-2011 04:43 AM

Great !

I'll take back my lazy doc comment ;)

don1956 01-23-2011 10:50 AM

Quote:

Originally Posted by don1956 (Post 737127)
your right "Rlj" if its not one thing its fifteen!!:( found out today that i may have to have another operation ,this time to my neck:(.not only do i hope its "WC'but they put it down as and addition to the first one(and over site on there part:mad:).but im going to be on my back with no income(WC,SSDI,unemployment).even welfare cant help.see i do feel what your going through.cant even sleep or ea over this.i stand to loose everything i worked so hard for,what are we to do friend:(

hey thanks for the tips"Rlj"&"Legal",if i dont have the surgery to my neck then what should i do instead:confused:

Rickey 01-23-2011 12:07 PM

Quote:

Originally Posted by don1956 (Post 737721)
hey thanks for the tips"Rlj"&"Legal",if i dont have the surgery to my neck then what should i do instead:confused:

Hi Don,
It may be to the point that you have to have the surgery in order to keep functioning. If so, make sure that you totally understand the risks involved. If you do decide not to have the surgery because of the risk and you think you can get along without it. I would then ask the doctor to put in writing that the surgery could very well make your situation worse and that you are not willing to take the risk. I would then take what the doctor writes to SSA AFTER I MADE COPIES. I may be wrong but this may help with your SSDI claim. I do know that you definitly need to keep SSA updated on changes to your condition. Legal may be able to offer better advice but just hang in there.

don1956 01-25-2011 01:20 PM

Quote:

Originally Posted by rlj1959 (Post 737756)
Hi Don,
It may be to the point that you have to have the surgery in order to keep functioning. If so, make sure that you totally understand the risks involved. If you do decide not to have the surgery because of the risk and you think you can get along without it. I would then ask the doctor to put in writing that the surgery could very well make your situation worse and that you are not willing to take the risk. I would then take what the doctor writes to SSA AFTER I MADE COPIES. I may be wrong but this may help with your SSDI claim. I do know that you definitly need to keep SSA updated on changes to your condition. Legal may be able to offer better advice but just hang in there.

Hey,hey you could be right this could help my claim...Unfortunately:(

Rickey 01-25-2011 01:29 PM

Quote:

Originally Posted by don1956 (Post 738429)
Hey,hey you could be right this could help my claim...Unfortunately:(

Why unfortunately? Anything that could help your claim can't be unfortunate. I think that you are very fortunate to be able to get something to help your claim.

don1956 01-25-2011 02:25 PM

Quote:

Originally Posted by rlj1959 (Post 738432)
Why unfortunately? Anything that could help your claim can't be unfortunate. I think that you are very fortunate to be able to get something to help your claim.

guess i was going a quote you made about "Everytime i make one step,fifteen things stop me"its kind of like getting my hopes up.now ilearn never do that,no matter how good it sounds.but i still keep my faith in god and christ and my new family/friends here:hug:.you folks here are great:D


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