denied again
 

hello everyone I have been denied again which is the second time that I have applied, I applied in 2007 and I also applied in 2012 and took it to the Appeals Council and steel was denied at that point, so I decided not to take it to federal court so now I've started all over again for the third time, I began to think that all of this is just a big waste of time but I can't work do anyone out there have any advice

what is your disability that you are applying for? Did you have a lawyer? What were the reasons for denying you?

my disability is high blood pressure diabetes severe sleep apnea pinched nerve root at the l4 and l5 in my lower back and I was in an automobile accident that broke my hip and femur below that in 2006. I did not have an attorney I had a disability advocate the second time around. the reason I was denied according to the judge at my hearing what I could do a wide range of light duty work but he also stated that I was not able to do my pass work.

If you are under age 55, and can perform unskilled, sedentary work, then you will be denied for SSI/SSDI, the fact that you can't perform prior work doesn't matter.

How does your diabetes and high blood pressure keep you from working?

What functional limitations do you claim from a broken hip and femur from 9 years ago?

How long are you able to sit and stand--documented either by a Functional Capacity Evaluation or claimed by a doctor backed up with significant medical documentation?

Do you use a Cpap machine at night while you sleep?

Have you seen a spine surgeon? Has surgery been recommended for your pinched nerves? Have you done any physical therapy?

first of all I do not have any insurance and I do not work so there is limits to what help that I can get, I go to a clinic in my area on what they call a sliding fee and at this point I barely can afford that, I take 3 high blood pressure pills a day and my blood pressure still run high, I sleep in a sleep pap at night which I still can't get any rest, *** for my hip being broken 9 years ago I barely can walk 20ft without the thing hurting, and as for my back I had an MRI done which show the pinched nerve problem, the doctor told me I need to see a neurosurgeon but I don't have any insurance so I can't afford that, so there's nothing else that I can do that I know of and the doctor told me she didn't know anyone that would see me without insurance or cash and I am 43 years old

My questions are all things that will be issues with SS. You asked why you've been denied before, and I'm trying to point out the issues that will be glaring problems with SS. How does having to take 3 blood pressures pills a day effect your ability to work? High blood pressure is called the silent killer as Janke often points out. You don't need to answer, but just understand that type II diabetes and high blood pressure rarely can be proven to effect a person's ability to work and claiming that they do may effect your credibility. Does your hip and femur effect your ability to sit and perform an unskilled sedentary job? Even those that require a cane to walk or have lost a limb are routinely denied SSI/SSDI benefits.

You have the burden to prove you qualify for SSI/SSDI regardless if you have insurance or not. You should sit down and write out which of your impairments effect your ability to work starting from the most severe to the least--use that list when you fill out SS paperwork, concentrating your energy on the most severe.

Lit Love,
wouldnt about 80 percent of the people on ssdi be able to do a sedentary job if ssdi really wanted to get rid of people?

That's the standard for those under age 55.

If someone was approved that is capable of performing an unskilled, sedentary job, then they slipped through the cracks. If a person's health has improved since qualifying for SSI/SSDI and they can now work, then they have a legal responsibility to notify SS.

I highly doubt 80% of those receiving SSI/SSDI under the age of 55 are capable of performing an unskilled, sedentary job.

Lit Love,
what type of disabilities do you think people could still do a desk job and what type of disabilities do you think people wouldnt be able to do a desk job.

Just a few examples off the top of your head.

I only ask this to get a better understanding of ssdi

thanks

If a person doesn't meet the requirements of a Listed Impairment, and if they don't qualify for SSI/SSDI via the GRID Rules, SS will use the 5 Step Sequential Evaluation Process to determine if they can perform prior work or any work. A person than needs to prove their functional limitations prohibit them from performing certain activities. An ALJ will list hypothetical limitations of a hypothetical worker to a Vocational Expert to determine if there are jobs they can perform--unskilled, sedentary work being the least difficult.

One person with a diagnosis might have functional limitations that make it impossible for them to work any job, while another with the same diagnosis is capable of working, so I'm not going to give random examples. You can research the Blue Book if you wish which explains the qualifications required for a claimant to be approved with a Listed Impairment. Anyone that meets the qualifications of a Listed Impairment has such severe functional limitations that it is assumed that they are not capable of working at the SGA level (making $1090 per month).