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-   -   Discovered Reason for Denial (https://www.neurotalk.org/social-security-disability/192304-discovered-reason-denial.html)

Hopeless 08-03-2013 05:43 PM

Discovered Reason for Denial
 
I was denied on my original application for disability. I will not list ALL my conditions, just the MOST debilitating ones for you. I have PN and other spinal problems.

The two conditions they looked at on my application were hypertension and coronary artery disease. With all my medical records, THAT is what they chose to consider? They also state that there are no records since 2011 yet they have in my file, as obtained from my atty, ALL the records from 2012 as well. How do you "overlook" 13 years of medical documentation listing my PN?

Now knowing WHAT they looked at, I am not at all surprised that I was denied. I mean really? hypertension??? I have been on hypertension medication for decades and it has been controlled except when my pain level becomes unbearable. Only then, does my blood pressure get out of control and we usually just up my dosage to compensate.

My coronary artery disease is disabling for some types of work, but not for sedentary work.

How does one get the ALJ look at the correct conditions? Awaiting my hearing.

granny k 08-07-2013 09:34 PM

I am not sure what the answer is Hopeless....after I was denied I hired a disability firm and they took care of everything except my daily journal of how I was doing with my issues and my medical appts and tests. I did not have a hearing, only a decision of fully favorable, and in that document, everything was commented on. ssi's dr's did not agree with any of what my doctors said, which I can't believe that they could read my dr's reports and not agree with any of it. But every bit of my conditions were given weight in that letter of fully favorable...he left nothing out , maybe it was just luck.
I really wish u the best of luck with your hearing. keep us updated

LIT LOVE 08-09-2013 02:29 PM

Have you had an RFC filled out by your doc/s? That will address your limitations.

They will not look at every medical record in your file. If there are specific tests or reports you think should be considered, than make sure they're in the record and bring them to attention next time it's appropriate.

Hopeless 08-09-2013 07:13 PM

Quote:

Originally Posted by LIT LOVE (Post 1006068)
Have you had an RFC filled out by your doc/s? That will address your limitations.

They will not look at every medical record in your file. If there are specific tests or reports you think should be considered, than make sure they're in the record and bring them to attention next time it's appropriate.

I did that on my original application. I personally submitted the "specific" medical records for each condition with a listing of each dx with the supporting medical documentation attached. They just overlooked just about everything I submitted. It is not like they did not get them as they show up in my file. I hand delivered them. They are in the file that the attorney obtained.

Thanks and wish me luck when my hearing comes up. How much notice do they give you before your hearing with the ALJ?

LIT LOVE 08-09-2013 11:15 PM

Quote:

Originally Posted by Hopeless (Post 1006108)
I did that on my original application. I personally submitted the "specific" medical records for each condition with a listing of each dx with the supporting medical documentation attached. They just overlooked just about everything I submitted. It is not like they did not get them as they show up in my file. I hand delivered them. They are in the file that the attorney obtained.

Thanks and wish me luck when my hearing comes up. How much notice do they give you before your hearing with the ALJ?

If you have a massive file, then it isn't enough to just make sure it's in there, things can be easily overlooked. If it's in there, you can have your attorney address it at the hearing.

The RFC is crucial--you didn't respond if you had one completed. That will address your work limitations that a Voc Rehab Counselor will use to determine what types of jobs if any you'd be able to manage. It is not sufficient for your doc to say you're unable to work.

Hearing notice depends on your location. I was given 6 weeks.

Hopeless 08-10-2013 10:13 AM

Rfc
 
Quote:

Originally Posted by LIT LOVE (Post 1006158)
If you have a massive file, then it isn't enough to just make sure it's in there, things can be easily overlooked. If it's in there, you can have your attorney address it at the hearing.

The RFC is crucial--you didn't respond if you had one completed. That will address your work limitations that a Voc Rehab Counselor will use to determine what types of jobs if any you'd be able to manage. It is not sufficient for your doc to say you're unable to work.

Hearing notice depends on your location. I was given 6 weeks.

All of my docs have given up... referred me to pain mgt. and the only one treating my "disabling" condition (PN) is my pain mgt. doc. I DO have an RFC from him. I am planning on getting another one from my PCP but it will address my "other" conditions that "contribute" to my disabilities but in and of themselves are limiting, not totally disabling. The pain mgt doc is the one that is treating me for my totally "disabling" condition. Other docs that I have seen are in my medical records but I no longer see them as they can offer me no further assistance and I do not think an RFC from any of them would be of any help. Your opinion?

LIT LOVE 08-10-2013 11:20 AM

Quote:

Originally Posted by Hopeless (Post 1006242)
All of my docs have given up... referred me to pain mgt. and the only one treating my "disabling" condition (PN) is my pain mgt. doc. I DO have an RFC from him. I am planning on getting another one from my PCP but it will address my "other" conditions that "contribute" to my disabilities but in and of themselves are limiting, not totally disabling. The pain mgt doc is the one that is treating me for my totally "disabling" condition. Other docs that I have seen are in my medical records but I no longer see them as they can offer me no further assistance and I do not think an RFC from any of them would be of any help. Your opinion?

There are too many unknown variables...what does the RFC from the PN say? If it's strong enough that should be sufficient. It should come from your main treating doc for the PN though--which sounds like the PM. If it's not possible, than it's not possible.

Hopeless 08-10-2013 02:07 PM

Too many
 
Quote:

Originally Posted by LIT LOVE (Post 1006259)
There are too many unknown variables...what does the RFC from the PN say? If it's strong enough that should be sufficient. It should come from your main treating doc for the PN though--which sounds like the PM. If it's not possible, than it's not possible.

Hi Lit Love,

I am afraid if I have too many RFC's from too many docs, there might be too much difference since they treat me for different conditions and the RFC's would be inconsistent with each other and I think that would then pose more of a problem than of any help. I plan to only have the two RFC's unless otherwise advised by someone here.

LIT LOVE 08-10-2013 06:55 PM

I don't disagree that you need several, what it/they say and which doc says it is more important. Your current doc treating your main disabling condition is the most important. They shouldn't widely vary regardless, if they do than they're not accurate.

It's not a bad idea to have testing done that shows more than a doc's random guessing as well. This is often performed by a physical therapist. I can't write or use my dominant hand without swelling occurring within a few minutes for example. With a water displacement test it was easy to prove my complaints are not just subjective.

Hopeless 08-12-2013 06:13 AM

Variations
 
Quote:

Originally Posted by LIT LOVE (Post 1006353)
I don't disagree that you need several, what it/they say and which doc says it is more important. Your current doc treating your main disabling condition is the most important. They shouldn't widely vary regardless, if they do than they're not accurate.

It's not a bad idea to have testing done that shows more than a doc's random guessing as well. This is often performed by a physical therapist. I can't write or use my dominant hand without swelling occurring within a few minutes for example. With a water displacement test it was easy to prove my complaints are not just subjective.

My cardiologist would have completely different answers on an RFC as he would ONLY be using his specialty as to my abilities. He would have nothing on my pain from PN so his opinion as to my "standing" ability would differ greatly from an RFC from my pain mgt. He would also differ on other areas that are NOT the condition(s) for which he treats me. He would limit my exertional abilities. How different condtions affect me differently would definitely show up as very different RFC's. My cardiac conditons, preclude me from certain types of work, but not ALL work. My PN is what prevents me from ALL work and I feel that I should concentrate my RFC's on that. My medical records alone from the cardiologist should suffice for supporting certain limitations. My endocrinologist would also have a very different RFC from my PCP and pain mgt. doc. My endocrine problems are not in and of themself disabling, just add to them.

What I am trying to say is my medical records from my various treating physicians, (specialists) document my health issues and substantiate certain limitations, but only my PCP and pain mgt. physician would have comparable RFC's that indicate my inability to perform ANY work.


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