I was denied
 

Well, I've been a member for awile. It started with low b12 on vit forum. Then I was diagnosed with myasthenia gravis, and have been keeping up with that forum.

I don't post alot, but I always read. I have been trying for my disability for approx. 1 and half yrs. I went before the judge Jan 11th, and I received my denial papers a weeek ago. To say the least I was knocked down. The judge didn't have enough of the "right" medical records to make a decision favorable to me. I got a lawyer from the internet,and I feel like he didn't represent me at all. I have been unable to work now for 6 yrs. My work credits for me being insured ran out June 2010.

I wish I would of known. I am divorced so I have no spouse to help with anything. That is the reason why I didn't have enough medical records proving my case. Nobody could figure it out, so they all said it was in my head. I had no money, no insurance, and I have lived with everry family member possible in the last 6 yrs, because I couldn't work. Not many people,even family members want a extra person around for long if they can't contribute. So I went from home to home, and state to state, and tried to get help. None really exists at my age (52).
I know if I was able to work I would. I have my whole life. It can be so demeaning and soul sucking to be at other peoples mercy for your everything..

I don't know what my next step will be....I am so tired.

But, i am still blessed to have a stable home right now. I don't go to the doctor like I should, or get all the med I need, but my sister does everything she can. I try not to get depressed, but it is hard. I don't know how to continue this fight. I can't make medical records where none exist, but that doesn't mean I am not sick...
I am just lost right now....I know there are others like me, in my situation. My world is a very scary place for me right now......But I still have faith and hope......

It looks like your time to file an appeal at the Federal level (60 days?) has expired. If it was an ALJ judge, your next recourse would be to file at the federal level.

If you feel your "internet" attorney was of no help, try your local yellow pages for SSD attorneys that only deals with SSD cases/claims. They can advise you if you have a case for an appeal and/or if you need to start all over. The initial consultation is free.

The thing with SSD is that you must show that you have been actively treating, have medical records from all of your treating physicians AND you are disabled according to SSD laws.

Strongly suggest that you read the sticky threads at the top of this site.
Also, read the information regarding appeals on the SSD website: Information About Social Security's Hearings and Appeals Process


HANG IN THERE......GOOD LUCK! :hug:

Dewcole it is when the decision was made as to when the 60 day time limit applies. its not the day of the hearing. your next step would be the appeals council, then federal court. file the appeal. this way it protects your rights via the time limit, and gives you breathing room to figure out your next move and consult with a lawyer who would handle cases going to the appeals council or federal court.
Alternatively you could try to get together some medical records, doctors visits and file a new case. you cant do both a new case and appeals council anymore at the same time but you could go to the appeals council and get your medical visits done and if you lose at the appeals council or federal court file a new case. it would have to be for ssi at that point not ssdi because you no longer have enough work credits. for ssi you would need to have low income and low assets which it sounds like you do.

Thanks for correcting me. I was just about to correct myself when I saw your post.

My fingers were typing faster than I could think. :D

Hi Dewcole,

I am sorry that you are going through this.

I would start with getting adequate medical care now that will generate current medical records.

Has a physician said (and documented) that you are totally disabled ? You may know that you cannot work, but unless a doctor says it and backs up his conclusion with objective criteria to prove your disability to Social Security, the best SS lawyer couldn't help get an approval.

I'm not very familiar with the procedures you'll need to go through now after a denial at the ALJ level, so I'm glad the others could advise you on that.

Best wishes......

i typed something up about when did the decision come and then realized she had stated when she received the decision, so my thinking is slowing exponentially lately.

one of the changes that has occured over the years on this forum which i think is harmful is that not many people put down where they are from anymore like they did a few years ago. if they did a person from that state might read it and say hey i know a good lawyer or doctor in that area and it could really help the person.

Thank you both for your answers. I just got my denial paperwork last week. I have been trying toget my thoughts together good, and have made a list of lawyers who may take my case at this stage. I am not sure if I can find one who will get paid only if I do. I wish I would of been better prepared...as far asexplaining to the judge why I couldn't continue treatment after some was set up for me. I had to be checked into Lakeshore, and after my stay they set me up with therapy, doctors and everything. The thing the judge didn't know, and I didn't tell him, was the day after I got out of Lakeshore, my daughter-in-law did not want me living with her and my son anymore. So I left the next day going to Fla, where I stayed with my daughter for about 6 m onths, until it started problems within her marriage.I had just got set up there in Tampa for 6 months of free health care.They were going to check everything,but then I had to leave.I came to my mom and dads, and they were both bed-ridden. I got here in Dec. my dad passed in feb,and my mom passed 4 months later in june. I have reasons why I don't have documentation, but I thought my lawyer was going to address them for me. I was so overwhelmed with just trying to make a decision on what blouse to wear or what to eat....that all that paperwork was so daunting. I realize now what they were looking for. AA the real specifics...and I thhhhhhhhink I just gave a broad overview. I think I just realized this was MY case to win or lose...and I lost. I will be contacting lawyers tomorrow, as today has not been a good day for me. Thank you both for your comments.I will read the sticky notes at the top and see what I can do to make this work....

Thank you for your post. I try to get as many medical records as I can. Yes my doctor was quite upset when I trold him I got turned down. He sent a letter to the judge stating his thoughts on my disability. He gave me the nam e of a lawyer he works with and he is on my list of people to call tomorrow. My lawyer did not even ask my doctor to fill out a form. I did, and it got to the judge 2 wks after the hearing, so I am not sure the judge even considered it...One thing is I have learned, this is the government....it is like you are on trial. You are. I need to regroup and try to get my thoughts straight. Sometimes I wish I had someone who could help me, with my decisions, with my thought process, wiith filling out paperwork. Just with all of it. But thank you for your ppost.
Best wishes to you also..

Yes, I guess my next step is to file an appeal, before my 60 days. I need to just get it together....better than it is, because it isn't working. Thank you for the tips. I am taking notes tonight, and hopefully tomorrow will bring with it a clearer head, and the energy to do this..
Thank you all for your posts..They mean alot to me....and all the information..It gives m e a starting point...

"We are lifted above our circumstances when we look into the face of Jesus"

You and me both !

I dream of a personal assistant to help me make all the phone calls, get the paperwork done and organized, pick up my meds from the pharmacy,and get me to medical appointments. It feels like a full time job trying to get SSDI approval and manage the medical issues with being disabled !

At least you are still in the 60 day period to appeal if you can get your ducks in a row.

Hang in there !

It is a full time UNPAID job along with some major over time!!!! :mad:

Hello dewcole
 

I hope that you can appeal the decision even after the judge said no. I do not understand our system any more. I was in your situation too, no health insurance and fell apart, needing many surgeries. I was denied 4 times. In that time period I lost all two generations saved for. I rely on my son now to help me. The money from disability does not cover my home taxes, so my home is in the chopping block as well. I do understand about having to rely on others. Please don't give up, and find another attorney. Even after a judge said no, I would still keep trying. Our SS is in trouble, and I think they are turning down legetimate cases because they are on overload with the baby boomers, this is just my opinion. I know of several others, desperate for help as you are, who were turned down as well. I am so sorry you are in that position. I will keep you in my prayers. ginnie:hug:

When you get to the appeals council statistically the chances of winning are much better. Keep the faith.
Admittedly, I had to look up myasthnia gravis. It appears it is a musculoskeletal disorder. These disorders are covered under the SSA'a Blue Book Adult listings 1.00. Here's the link http://www.ssa.gov/disability/profes...etal-Adult.htm
Your disease meets the general requirements. But the listing speaks to joints in the specific listings. So, the SSA can make a medical equivalence decision or your case can continue through the 5-step sequence process of evaluation. http://ssdi-help.com/ssabasicinfo/claim-evaluation.htm
It is critical you collect medical evidence, going back as far as you can remember you had this problem. Evidence that proves the symptoms you had even though you were not diagnosed.
Also, complete the Adult Function Report, http://ssdi-help.com/ssaforms/ssa-forms.htm Make your answers as detailed as possible for the work environment and your daily life. Also, if you can have a doctor complete the Physical Residual Capacity(same llink as previous), it will go a long way towards getting a positive decision.
The bad news is that the Appeals Council has a heavy backload and it takes about a year before your case is reviewed.The upside is that it gives you a year to collect medical evidence and get the recommended forms completed. But, don't delay getting medical records is a tedious job.
Also, check out county health facillities and cllinics that charge on a sliding fee scale. Have you applied for Medicaid? That willl give you baasic healthcare coverage.
Don't hesitate to contact me if you have any more questions.
Trudi

Sorry
 

I'm sorry to read about what you've gone through. I myself can relate because a lot of your story is very similar to mine. It's sad it has to be made to be so difficult to get one's disability when you really are disabled. It's like a slap in the face to have a judge turn you down. I've been there and done that and am appealing in hopes of being granted a fair hearing the next time around. I'll believe it when I see it if I ever win now.

Best of luck to you, and again I'm so sorry this system has to be so down right cruel to some yet give it to others sometimes who don't even deserve it. :confused:

Re: keep hope alive
 

I am so sorry to those individuals who keep getting denied time and time again. It took 4 years for me, and at the end of that time, all sfor two generations was used to keep my health. I had no insuance. I am horrified at what our country is doing to those that need the medical care the most. Being sick, should not cost all that a person has worked for. Please continue to fight to get your benefits. Our country should never have spent the dollars that we put into this system. I will keep all of your in my prayers. My benefits are so low in what I receive, I will not be able to keep my home. ginnie:hug::eek::(

Get a lawyer
 

The only good way is to get a good lawyer.

Hi Paul
 

Hi Paul, there is no way for me even with a lawyer. My family trust was to keep my in my home to pay property taxes and insurances. The Government would not allow me to keep those funds and receive benefits. I was forced to use all to keep myself alive before I got benefits. I had 8 surgeries and NO insurance-pre-exisiting conditions. Those funds are no longer there to pay for my propery taxes or insurance, I don't get enough in benefits to cover this. Therefor I loose my home. Two generations out the window, because of no insurance, and a faulty trust, and poorly run system. I am heartbroken. Being sick should not cost someone every thing they have, and earned, and saved for, in my case it did. ginnie

i went through what you did.one thing i did learn is the law really dont go by to much with your doctor says.i mean to a certain point they do.but its what is detailed by the law is what the judge go by.there is guide lines that the court has to abide by set by the law.and you have to meet certain criteria that is set by law.that is how it woiked for me anyway.and maybe for your case to

i agree..,but the only thing with good lawyer/lawyers is ..$$$$$.:(:(

and when your already on a "fixed"income...:(:(

Legal Aid is free! Now if they will take your case or not is another story. :winky:

Hello, Im sorry to hear about your denial letter. It seems to be if you just got the letter you should be able to appeal it. I thought the 60 days started from when YOU get the letter, not left the courthouse.

For ALJ, did he send you to the doctors office?
How did they determine your medical condition, on records alone?

Meanwhile file the appeal and keep going forward.
Get your current doctors to input notes in the medical file, that states your condition, how its disabling, and prevent you from working.

There is light on the other side.

"debacle"is right.its what i had to do also for my appeal.they just wanted to see what kind of treatment i was getting and how my disability would effect me from working(and my age of course:wink:)