denied2ntime for "SSDi"
 

well folks i got bad news today.i got turned down for the 2nd time for "SSDI".i have no more income.cause i exhausted all my "workcomp".all i have left is the settlement from that to live off.since this is the holiday week my lawyer office is closed till jan'.so i called my doctor myself to get a "work release"from him to return back to my job.even if i have to lie to my doctor,i will.i simply have no other income coming in:( so i have to go back to work,even if it pains me.sorry just needed to talk to someone.guess im just depress and panicky.no sure what to do next:(.....any tips or advice would be appreciated

I am sorry for your troubles :( Why can't everyone have happy moments. Bad times suck.

Hi Don,

It's a tough time of year with the holidays and heating bills to get financial bad news......I'm sorry for what you are going through.

I'm not sure if you just want to vent and get emotional support or if you have specific questions about applying for SSDI.

Was this a denial at the reconsideration stage and now you will try at the ALJ level ? Or are you dropping your claim now ? I'm concerned about your statement that you will get a release to return to work from your doctor. If he has factually reported your inability to work, he really can't contradict himself now. And......if you are appealing SSA's decision, documentation that you can work would obviously blow your chances. Can you physically perform a job ? If you can manage that, even if it's difficult for you, then you aren't totally disabled. If you try to go back to work, but are unable to maintain substantial gainful employment, that failed work attempt could HELP your SSDI claim, but not if you have documentation from your doctor saying that you should be able to work with no problems.

Does your lawyer regularly work with SSDI applications ? Or was he your WC lawyer just fudging his way through this ? How optimistic had he been about your SSDI claim ? Are you sure that all of your medical documentation was thorough ?

thanks "Finz" maybe i was over reacting.its just all this hard work and waiting just to get turned down.we did go before an "ALJ".i havent heard from my lawyer yet cause he's on vacation till janurary(perfect timing:( ) so im not sure what im to do next.i guess i can always cancell my doctor appointment till i talk to my lawyer.but your right about my bills.how can i pay my property taxes,insurance,etc...so i will wait till monday and see what he say's.but thanks for helping me with some words of hope and ration.its what i needed:hug::hug:

I was really lucky Don.....while I was waiting for 3 years for SSDI approval, we also had my husband's income. Things were tight, but we were never really worried about losing the house or putting food on the table.

There have been many, many stories on here like your's.....of people suffering devastating financial loss while waiting for SSDI approval. SSDI is supposed to save the disabled from such losses, but the delays and denials (because there are so many false claims being made) make getting timely financial help very difficult.

I'm sorry for what you are going through.

Don if you want to appeal it to the Appeals Council you only have a certain number of days in which to do it. If your lawyer isnt going to be back for that time period then file the appeal yourself to make sure you are protected. It should say on that letter somewhere how long you have to appeal.

you know your right.there is an appeal on there.my lawyer was so confident that it would pass he and the paralegal are both gone till the first of the new year:eek:(perfect timing)by time i put in the appeal they will be back.but i was going to notify them anyway that monday morning .but again thank you all for your kind help.happy new year to you all and may god bless you all(i can tell by your all help that he dwell in you all:wink::wink:)

p.s please feel free with the info;)

You have 60 days to file with the Appeals Council. They give you 5 days from the time you received the ruling. Your attorney should request the Appeal form fill that out, send it, and then he can send the brief later. Make sure he sends all you medical history, if you can try to get a couple of new MRI's if they are not up to date get blood, get new reports from your doctors or whatever you can to prove your condition. Have your attorney go over why you were turned down by the ALJ and find where the judge or magistrate was in error.

yes,i certainly will.most likely he will call me before i will call him.buteither way come monday morning it will get done.and i know he will go over the "denial".it just the response was so quick:eek:we didnt expect a response till at least feb'11.but thank you for your help.glad there are so many kind folks here like yourself:Thank you:

I'm new to this support group thing, but in the same boat
 

I'm in the same position! I've had RSD (Reflex Sympathetic Dystrophy) since I was originally diagnosed @ 17. I was able to get through the University of Arizona's College of Nursing thanks to an amazing doctor who saw the fight in me, & implanted my very 1st spinal cord stimulator @ 23yrs old, during my summer off. What an amazing man. Long story short... It allowed me to get not just my degree, but my dream job back in CA. During my job I was exposed to an MRIf inadvertently. My leads were pulled out & I started having seizures... I took a leave of absence 5yrs ago & have never been able to get back. Not to mention my RSD has spread into both legs. I was on SSDI until a 3 month hospitalization & with no movement of my money they cut me off. I was just 3 months later in a 4 car pile up. Just last year I received a settlement & that's what I've been living off of. I've reapplied in every way possible & just can't get back on. Since diagnosed I have never "played up my disease" but I almost feel like I have to. I know I'm young but I've worked since I was 14. Not being able to work is killing me. I can't get the OT PT and psych help I need without $ & I desperately need my SSDI to get it. It's a vicious circle that's totally killing all the pieces of me that used to be good, caring & strong... If anyone knows how to work the system or has any suggestions... I'm totally open! Please help!!!

agencies
 

Dear Don, I do understnad why you are feeling bad over the denial of your benefits. I hope this situation will resolve. I think the social service agiencies are being taxed greatly. Maybe they cannot keep up with the demand, I do know it effects alot of people. I received SSD as of last April. I had been receiving SSI for some time. Two days ago, my medicade part has been denied, even though it was approved last April. I don't at all understand why. The reason given is that I qualify for SSI. I am confused about the differnent agiencies and what their requirements are. I did go through a dissability attorney, but this is still a mess for me. Lets hope the new Year brings some resolution to these things so we can get on with living. good luck ginnie:hug:

The AC reviews the correctness of the ALJ decision to see if the ALJ followed the law. The AC is not going to look at new evidence that was not available to the ALJ. The AC might decide that the ALJ should have gotten new evidence and then remand the case, but that doesn't mean that the ALJ decision was incorrect. It could still be a denial.

There is about a 2% chance that the AC will reverse the decision and a 73% chance that the AC will affirm the denial.

i see now.thanks "Janke"now that gives me and understanding on where i stand.but i guess i'll see tomorrow when i call my "SSDI"attorney.he will no doubt probably say what you just did,but he will tell me what my other options are:(

Don you can also file a new case with any new medical information you have while you also go through the Appeals council

just a special hello to a member here called "carrieB".miss we all here (especially me)know what your going thru and how you feel.no one to turn to or can help.were being sent here and there,with all with no results in our favor:(.sometime we feel we are all alone with no one to talk to,lost,despair,etc.but i have my "faith"and some kind strangers here.who listen and try to give advice and comfort.just want to let you folks know that they all are helpful and appreciated:grouphug:

GodBless

They do consider additional evidence, I have written two briefs myself and one was sent back to the ALJ and one was approved by the Appeals Council. I used new information to prove my clients have not gotten better in the 15 months it took to review their cases. I did help with a third Appeal but that was a survivors case and this was at the Federal Level and won.

http://ssa-custhelp.ssa.gov/app/answ...eals%20council

There are no factual numbers as to how many cases are sent back to the ALJ and win or how many are approved by the Appeals Council. This is done case by case , so if your attorney made some errors and you are proven disabled there should be no problem.

Because you cannot find the stats online, does not mean there are not "factual numbers about the number of cases sent back" to the ALJ vs those decided by the AC. Obviously, finite numbers exist.

Also as obvious is that if you are "proven disabled", you'll have no problems with the SSDI process. The tough part is in proving the disability.

yes "Finz" i think you are right.i think what my doctor conclusion is that i can no longer do the type of work that i use to do at my old job and my union will not let me "bump' anyone there either:(.i cant lift anything over 10lbs is what they say.dont leave me with much.but i did call my lawyer today..finally.he was shocked as much as me of the out come:eek:..but he of course "appealed"it.he said the judge ignore a lot of info that was there.which was what suprise my lawyer.but as for me right now,im going to sign up for vocational retraining.i once took drafting 20yrs ago so i'll try for that again.anew life again starting for me at 55:).and after 30yrs at lockheed,but if i can hold out 5 more yrs i think i will be ok,cause then i can retire(hopefully):rolleyes:
just want to say that you all were correct on your answers and thank you all again and again for your support .i knew i would find good folks here:hug:

They have a tendency to leave out a lot. The rulings are written up by paralegals and what can I say some are better than others. IMO I don't like using numbers like I can't lift anymore than 10 lbs because that means you can lift a telephone, or you can drive. I like to put a time limit on how long my client can do certain tasks. Like can't sit or stand for more than 10 minutes. It takes about 15 months to get a decision from the Appeals Council. So going back to school may be a good thing. Good Luck in whatever you do.

WOW!:eek:...your saying the same exact things my lawyer is/was saying.now i can tell this is how the system works and acts.for some one who isnt a lawyer you seem to say the same exact things he was saying.through you(your help)it helps me to understand alot more(even though it may not be in my favor).a friend recommened this site to me.im sure glad i took her advice

:grouphug::grouphug:

Well that may be because I'm a paralegal myself and have helped people through the Appeals Council. It's hard work. I'm glad to hear you're getting the right advice, the Appeals Council says they are trying to cut down on the waiting time but after several years I have yet to see that happen. I hope you don't get discourage because when you're sick, you need the help and that's part of the reason why we work, to get all the benefits we deserve.

well folks i dont know if it means anything,but my dr.office called me today to tell me of my new appointment for some kind of and exam for my neck.cause all the disc's and so forth in my neck are damage.they think that may be the cause of my prolong problems with my recovery of my shoulder and the cronic pain in my arms ,hands and fingers.i think "Legalmania"knows what its called.."EGB" or something like that(sorry folks:D:rolleyes:)

hello "MissCarrie"glad to hear from you.seems sometimes there's no one to talk to.meaning will they undertand.you go here and there for help cause this is what they say or advertise or just plain referrials.and all end up the same:(
i know as sure as you do and a lot of people here do.its all this waiting and waiting just to again get denied.but one thing for sure is the good people here as you witness.especially "Miss legalmania".she keeps us all together.with her wealth of knowledge and hope.Even though were all strangers to each other,were here for you.our ears are alway open:grouphug:

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If the gist of your medical records indicate that your doctor feels that you can't do the job you used to do and the union won't transfer you to an 'easier' job than you have just identified why you have been denied for SSDI, Don. SSA doesn't care if you can't do your past job, they care if you can do ANY job. The fact that a different job might pay less and not allow you to collect a pension from Lockheed (and a financially crappy future) doesn't mean that you meet SSA's standards for total disability.

If you think you can go to vocational retraining and take regular classes to learn drafting, SSA would consider your application for SSDI as premature because you still have other options out there.

Good luck with all of this.

thanks "Finz".i have been thinking long and hard about it.and when i go to see my doctor this week im going to ask him to release me to go back to work.just talked to one of the guys i use to work with.he also and union steward.he said "we can find lighter work for you to do" dont worry anymore.just come on back.so thats what im doing .so i can get on with my life(or ge it back).i only have 5yrs to go.again thanks "Finz";)

I hope it works out for you Don