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-   -   I was denied (https://www.neurotalk.org/social-security-disability/169750-denied.html)

dewcole 05-14-2012 04:22 PM

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......

Mz Migraine 05-14-2012 06:37 PM

Quote:

Originally Posted by dewcole (Post 879298)
I went before the judge Jan 11th

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:

echoes long ago 05-14-2012 07:00 PM

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.

Mz Migraine 05-14-2012 08:38 PM

Quote:

Originally Posted by echoes long ago (Post 879355)
Dewcole it is when the decision was made as to when the 60 day time limit applies. its not the day of the hearing.

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

finz 05-14-2012 10:52 PM

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......

echoes long ago 05-14-2012 10:56 PM

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.

dewcole 05-14-2012 10:56 PM

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....

dewcole 05-14-2012 11:07 PM

Quote:

Originally Posted by finz (Post 879415)
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......

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..

dewcole 05-14-2012 11:16 PM

Quote:

Originally Posted by echoes long ago (Post 879355)
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.

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"

finz 05-14-2012 11:40 PM

Quote:

Originally Posted by dewcole (Post 879421)
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...


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 !


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