2nd denial on SSDI
 

Can anyone tell me what is the next step after being denied on the reconsideration phase of SSDI? Also how long for the next step?

Thanks

ALJ is next
 

Going in front of the judge is next. It can take anywhere from 1-3 years. There are sites that will tell you the estimated wait for your state. You can write your senator and ask if they can help. I waited a total of 16 months.

Thanks Hoosier daddy I will look into checking with my state. My LTD benefits (for current job title) expire on 2/10/11 hopefully I will have a date before then.

Do you have a lawyer? I believe it helps. Usually they receive payment only on award and receive the lesser amount of a percentage of backpay (say 25%) or a fixed amount that they specify.

Yes I went with Allsup. Spoke with rep today regarding request for ALJ hearing.

Allsup is a good choice!
 

I also went with Allsup. you will find you do most of their work. They give you an 800 number and you call them with all of the appointments you have and any information you get in the mail. I did not meet my rep until 10 minutes before my hearing. However, he did a great job of "coaching" me over the phone about 1 week before the date in front of the alj. They have I think a 90%+ sucess rate when they go before the judge. The rep I had did a great job of cross examining the doctors in my case. I think you will be happy with them. Keep us posted!

You are right I have faxed them letters from the doctors supporting my claim.

I have found they were very persistent in getting my bank information where my payments (once approved will be deposited) they state it is a service they provide to pay back my LTD provider. Even though I denied their service they still called me three times until I submitted the form with my voided check and signature. lol

What was the reason for denial? May I ask your age?

I applied for SSDI one time, had 2 plus years of medical records, and letters from PCP, PM doc, and Psychologist. 10 weeks later I was approved.

My atty. told me not to bother with the SSDI application, as I would have to be in a coma to be granted SSDI;he has a cynical sense of humor.
I filled the application out on my own..he is kicking himself for not assisting me..atty.got 0% on the SSDI backpay!

Hang in there,
Dew:winky:

45 at time of my application (1/09) diabetic with severe polyneuropathy and kidney disease.

SS denial indicated I am able to do sedetary work even though the neurologist indicates restrictions of my sitting and standing. (less than 15mins for both) no stooping, squatting weakness (less than 10lbs in my right arm etc...(see my previous post taken from the specialists evaluation of me.

I just recently been prescribed Loratab for the pain as well and now suffering from depression brought on by the constant pain and restrictions.

I filled out the application myself then obtained Allsup from my LTD provider.

I know a guy that took 11 yrs to get approved for SSDI.
You go to court.
Belinda:eek:

wow did he get approved in the end..Backpay would have been very nice. It all doesnt make sense most cases you are approved then SS has to pay all of that back pay money to people????

The whole key to everything is make sure your doctors have you as disabled in their letters and transcripts. If they are not saying you are disabled then you have no chance. Next call Allsup with every update. Then you just keep appointments and wait. I had relatives and credit cards I could use. Make sure you have a support system as it can now take years to go before the alj.

it took me 4 years to get approved, all that time and the judge finally awarded me on my migraines...migraines! I couldnt' belive I could get it on that and not my other problems...who knew.

I was also on my last chance in front of my 2nd judge...I had given up, and he made a bench ruling right there...shock...total shock. So dont give up.

Wow mine is neuropathy in my feet and hands. I have now advanced to taking loratabs for the pain. Hopefully I will be approved as well.

Thanks

I guess I might fit in that category. At one point I was so delighted that the loratab took the edge of the pain I applied for jobs on the internet. My husband quickly shot me down stating the pain killer is masking the disease and low and behold two months later I am back to square one. 24 hrs of pain with no break it is so depressing. Yelling at my kids grumpy and tired of being in pain.

I pray alot and read my bible and know there are plenty off way worst than I am so I end my day thankful but the cycle starts all over again the next day.

I don't know how people live with this disease. It is hard to describe to people who do not have it they expect to hear from you one type of description of the pain but we all know that is not the case.

Thank god I found this website site and a few others websites as well to vent to others that know how I feel and not say "how bad can it be" or "whats wrong with you today"

My frustration is in the doctors that refuse to listen or assist in getting you medication to help ease the pain for fear of addiction.

It is true ... my body has now adjusted to the 1 tablet of loratab every 6 hours and I fear what will happen next increase the dosage find another pain medication where does it end?

Does the pain ever end? I was told once the nerves die that is it..does anyone know if that is true?

See a psychairist if depressed. It Can help!!
 

If you are depressed you might want to go to see a psychairist and psychologist. It helped me when my case in front of the judge.

Not always true. My atty told me he sees cases where the alj offers approval on the basis of resetting the claim date. Often 5 mos prior to court date to begin benefits immediately or even make it the current date which begins the 5 month wait period. Of course you can reject the offer and appeal even that but stand the chance of being rejected completely the next and last time.

true
 

That is the way my case went. I settled for about 17 months backpay instead of over 2 years. I did not want to chance an appeal and maybe lose everything.

My atty advised me that currently in North Texas the wait after the 2nd denial is 10-12 mos...

I just heard from a friend of mine and she has a hearing date on aug 7th..
it took a year after she got an attorney involved.

My attorney filed a request an ALJ hearing on july 2nd. Do you know if you are penalized if you decide to find another doctor. I am not happy with my neurologist..he never has answers only another pill to try...I am up to 11 a day and at times I forget what pill does what. Now he wants me to try
noratrpilyne?? I read up on it and the said affects were listed as hear palpations..I do not want any of that..I have anxiety attacks as it is..

My B12 blood test came back over 4000 I asked if that was unusal he said nothing...

I cried during the visit out of frustration of being in pain all of the time and not being able to do the things I used to..it was ambarrassing..I left there the same speech as usual "keep active so that your muscles do not weaken from the neuropathy and watch your blood sugars" my right arm has had weakness now for over 6 months, hands shakes when attempting to write and the right side of my right hand often is numb...again no answer...I have had it...

Anyone here experience these symptoms is it truly the neuropathy?

You really do have to watch how the paperwork is filled out......for example, did your doc write that you can only sit for 15 min max ? Did you then write on your 'typical day' form that you sit around most of the day ? Well,then there is a conflict which can lead to denial.

Did the doc write that you can stand for 15 minutes and sit for 15 minutes ? SSDI doesn't see that as you can only sit for 15 minutes....they see that you can stand for a total of 1/2 hour per hour and sit for 1/2 hour per hour....so you can do a job with 4 hours standing and 4 hours sitting per shift.

Do you actually sit for 15 minutes then stand for 15 minutes and keep repeating ? Or....if the pain increases when you sit or stand for 1/2 hour straight, do you have to go lay down ?

Do you have decreased mental acuity (brain fog) from the increased pain because you can't concentrate on work ? Do you get more spacey when you take narcotics and/or Neurontin/Lyrica etc ?

The ALJ told me not to give info about your best day or your worst day....to write about an average day......so if, say, on average you can't tolerate having shoes on for more than an hour a day (just guessing if the neuropathy affects your feet), then they need to find you a job where you can be barefoot

I know that I filled out some of those forms wrong, making it seem like I could do more. Obviously, my intent was not to make it sound like I was just fine........but I was so nervous that they would think I was lying or exaggerrating, as the WC people seem to feel I was, that I described my best days.........ie, saying I could stand up to 4 hours because I did do that once (in the 5 years I've been disabled) when I went Christmas shopping. I'm not going to write that I can only stand for about 10 minutes....which is usually about my limit, when I have stood for longer, but there is no room to explain all of it on those forms. Like on my big Christmas shopping day at an outlet mall....my sister drove, I was doubling up on the narcotics, and I was in bed for 3 days after that.......but SSDI ignores all of that, because I checked off that I could stand for up to 4 hours

quick approval - little backpay
 

I was approved so rapidly that I got very little backpay. I got a letter of approval, but they never told me on what basis I was approved. My dx's included major depression; essential tremor; spondalolesthesis; spinal stenosis; restless leg syndrome. MHMR filled out the application forms for me due to my tremor, and I provided dr's name/address and medications for each dx. Then I scribbled on the back page of the second form what activities each dx kept me from doing. Major depression makes it hard to initiate and maintain activity; essential tremor interferes with writing and computer use rapid enough to hold a job; the spinal/back dx's interfere with vacuuming, raking, sitting, and so forth. I think this linkage of each dx with the interference with maintaining work was valuable, and doctor's records apparently supported this.

Regarding SS
 

Hun I've always lerned in my 10 yrs now this is in Texas laws.......They will always turn u down the first time.......After the first I got a lawer then it took 2 more times to go through the judge was upset that I had to wait so long but it took about 2 yrs once the ball starting rolling hun Hope this is what u needed ;) Shey

I went through a legal firm and it took eight months. I was denied on the initial filing but was awarded on appeal. I do understand that my case was pulled for an audit. Perhaps it helped with the approval.

One plus, is that I had medical records from the same Rheumy for seven years and I do go every three months. My Dr. also generated a very detailed report (hx, dx, meds, everything) to help with things.

I wish you the best, it is a very stressful thing to go through.:(

Mere

Well my medical records do not go back that far.

2000 to 2006 Occasionally appointments with my primary care physician for treatment of diabetes..2006 a podiatrist diagnosed me diabetic neuropathy... follow ups with my endo...sent to kidney specialist in July 08 then could not work approved for short term disability August 08 then long term in Feb 08 then my employer released me after I was approved for long term disability.

Looking back I wished I did not ignore the signs from my body but I kept on working and now I am on disability awaiting approval of social security benefits.

Waiting...
 

I understand, I waited three years after I "retired" from my job before I filed because I thought I would get better!

Mere

From ss point of view, it makes a world of sense! The billions they collect in interest on our money is staggering!

Interest on our money..I am sorry I am new to this board and process..what do you mean they collect interest?
I know if approved the majority of my backpay goes back to my LTD provider
but interest??

Please if you could explain..thx

SS invents all of our and employers matched earnings over the years! Our pay-out is only a drop in the bucket!

Mere

I found out that where you live pretty much determines how long of a wait you will have before having your hearing with the ALJ.

Some states have several ALJ's... some states have only a couple.

I wish speedy hearing dates for all who are waiting.
:hug:
Abbie

[QUOTE=COLBEYMOORE;545356]Interest on our money..I am sorry I am new to this board and process..what do you mean they collect interest?
I know if approved the majority of my backpay goes back to my LTD provider
but interest??

Please if you could explain..thx[/QUOTE

Here's what I am saying. In my case, I became disabled in March '03, filed for ssdi in June'06. Then went through the first (fradulent) denial, filed for reconsideration, (fraudlently) denied again. Then I hired a mouthpiece, had my alj hearing nov '08, and was approved "fully favorable" two weeks later. Today is july 31 '09, and still waiting for my back pay. LTD is not an issue in my case, so they have been using my money, (back pay) for six years. That is money that I would be collecting interest on, had they approved me on my initial application. They don't let that money just sit and collect dust; they are collecting interest on my money each day they hold it. Interest which I will never see!

For clarification, I use the term "fraud", because the alj, the medical expert, and the vocational expert, approved me, looking at the same information that was used to deny me the first two times! I estimate I would have collected somewhere in the ball park of $8,000 in interest, had I been approved, received, and invested my money that I am still waiting to receive!

I wrote a long explanation, but it didn't post for some reason. Suffice it to say, that when they hold our funds, they invest them and draw interest, which of course we are not entitled to. I figure they have probably made six to eight grand on my money alone! It will soon be nine months since I was ruled "fully favorable" by an alj! My established onset date is Jan. '03!!! In any other venue, this holding back owed money, without paying interest, would be considered a crime!!!

Okay got cha. I became disabled from work 8/08 but did not file until 1/09. Do they base your disability on the date you apply or could it go back as far as when I was disabled in 8/08?

I live in KEntucky and awaiting an ALJ hearing I believe. I have Allsup representating me.

Hope this ease your mind
 

Hi, i just joined today, i seen you are having trouble with ss. Please do not give up.most people are denied at least two times. If you have not gotten a lawyer, get one, they do not get paid unless you win. I was denied 2 times, then my lawyer set up appointment to go in front of judge. After you have this appointment your lawyer will tell you how it looks, after you leave the judge and how long it will take, to get a notice if you have been approved. If by chance you are turned down, your lawyer can set up another time to go in front of judge, it is very un-likely you will have the same job. The other thing is make sure all your medical papers are up to date and if there is more to add, this means any little thing that will help you. A paper from your doctor stating you are totally and permmently disable, or unless you are going to be disable for a short time. Most important, do not give up, that is what ss wants you to do. Remember to think positive, i know this is hard to do, more so when you are going threw this. Also you need to know is that you will get back pay, from the time you first signed up.

If your medical records indicate you were disabled in 8-'08, and you are claiming that date as your "alleged onset date", the judge may rule your case as "fully favorable". This would mean that you would be eligable for back pay from the date you alleged you were disabled and unable to work. (8-'08) If the judge feels that your records do not prove disability from your alleged onset date, he may issue a less favorable ruling, wherein he may feel you were disabled as of your filing date. In which you would receive back pay from 1-'09 forward! Strong ongoing medical records are of the essence! My case was assigned to the toughest judge in the Dallas area, but because my records were complete and ongoing, he approved me. I also followed up, and made sure that all pertinent medical records were in my file. This is your attorneys job, but you are the one that stands to lose the most if your file is incomplete, so be proactive!!! Good luck!!!!!

I think there is some mass confusion here about what happens with the FICA/OASDI taxes that are withheld from paychecks from the time a person starts working until the day they qualify for either retirement or disability benefits or the day their dependents qualfiy for survivor benefits. The payroll taxes paid through your employer are not sitting in a bank account or investment account marked "John or Jane Smith" nor are any monthly benefit amounts officially computed at any date before it is decided that you meet the requirements including a finding of disability. Neither is there a "lockbox" in which the federal government is holding all of the FICA/OASDI taxes.

What you earn is really an IOU. The federal government has taken the taxes you paid and used them to pay out other beneficiaries and will use payroll taxes paid by your children and neighbors to pay your benefits AFTER it is decided that you are either old enough for retirement or sick enough for disability. And they have borrowed it to pay for other federal programs. So it is totally incorrect that "your" money is sitting in an investment account earning interest for SSA. There are plenty of articles about the potential involvency in SSA in this century.

SSA was a great deal for today's seniors; is an okay deal for the boomers, and not such a good deal for the X generation if you look at the money coming from taxes in as compared to the benefits being paid or expected to be paid.

And although it is true that 60% of the claims are denied on the initial level, it also is true that 35%-40% are approved without any appeal. And those denials include the claims that almost everyone who posts on these boards would agree should be denied, if they could read the history.