My wife Suzy, who has RSD, was denied SSDI again. Not only was she denied a claim but denied her day to present her case in front of a judge with her attorney present for the first time sinse 2006 when she first applied. In the letter, the judge refused to hear her case, Why? The judge refered us to read the "Order of Dismissal" in which it states:

"The record shows that the claimant has engaged in significant work since his alleged disability onset date. It apppears that the monthly earnings may be sufficient to commence and perhaps conclude a trial work period. Moreover, it appears that the trial work period may have commenced within 12 months of his alleged disability on date, which is impermissible.

The case is remanded to the district office to obtain documention of the monthly wages and hours worked since disability onset date."

I am sure of two things, one--my wife is a female and two- she has not worked sinse 2006, at all ever, I don't think she hasn't, I know for a fact she hasn't. A matter of fact I wish she could work and she would too!!!
One thing I'm not quite understanding about the Order of Dismissal is where it states:

"It apppears that the monthly earnings may be sufficient to commence and perhaps conclude a trial work period. Moreover, it appears that the trial work period may have commenced within 12 months of his alleged disability on date, which is impermissible."

This sounds to me a person who may have had SSDI and was working under the table of sorts, or some manner, because of the wording of "trial work period". Or maybe its a WC case? Or could it be someone who has SSDI is working partime trial basis?

In eitherway clearly SS has denied my wife her day infront of a judge with her lawyer because they've mixed her up with someone else. Monday morning I'll contact her lawyer. If anyone can shed some light or experience on this mess I would surely appreciate it.

jim

It does sound like the paper work was messed up when the judge was reading it....

Hopefully it is a simple fix to get this mistake set right.

Thanks Jo*mar. My fear is even if it's their mistake and they rectify it, it may take another year to get the hearing.

Hi Jim,
This is beyond inexcusable..
Can you contact your local congressman/woman to help you unravel this terrible bureaucratic mistake, which is keeping you and your wife's lives on hold!
Don't give up
Hope4thebest

Yes, I'm contacting her lawyer first and for the 3rd time Congressman Connally. If this moves along slowly then I'm going to submit all my wifes medical records and SSDI files to local reporters here in Washington and if that fails I may submit to foreign reporters to show others in the world how the US federal government treats their very sick citizens after paying insurance for 30 years. We no longer have insurance because of the way our system rids those who are sick and unemployed. Even though I'm employed the employer can no longer offer coverage. Medicare is what my wife needs for coverage and to prove to furture doctors that she is disabled with RSD not some drug seeking slug. Sorry about the rant hope4thebest.

I got denied 3 times via mail... and when i was first filing i think i was still trying to work part time... they never used that as a reason for denying me. it was always because i was so young (20 when i started applying) and because i wasn't blind... once i got to the trial stage, it didn't take very long at all to get the hearing, i initially went in by myself... but the judge said i should get a lawyer.. and reset the case for 6 months later. my lawyer thought i'd have issues winning because of my age as well, but as soon as the judge asked me how my life was pre rsd and then post rsd... i pretty much started balling after the first sentence. I had also written like a 5 page statement describing what kind of a person i was pre and then post and how my life changed and stuff... but as soon as i was able to spit out enough words the judge said off the record that there was no way i was losing. and even still... i've been working part time for the last year since i started getting my ketamine infusions and the trial work period is only i believe 6-9 months... granted you have to show that you make enough to support yourself, which i don't, so they still haven't taken away my ssd. my ssi payments they have, but that wasn't even $200 a month.. i don't make enough for them to decrease the ssd monthly checks. and even if they were to eliminate them due to making too much money, i'd still be able to get the medicare/medical. and if there came a time in which i needed to stop working again i'd be able to get the monthly checks started back up again because with rsd its perminant disability... so they don't ever take it away and make you start all over again. good luck tho. i know its a hard thing to deal with... but at least once its won you get back pay from the time you initailly filed, and its such a great feeling of triumph once they see things your way. i'll keep my fingers crossed for u!

Thanks msdrea83! I'll will say age does play a role, the younger the tougher. My wife is close to 52, college educated and a professional and worked nearly 30 years. In her case there was no lawsuits, WC etc...it was a fall and a broken wrist that started her nightmare. SS screwed up soon after she applied in 06. She called SS 3 months after she applied only to be told they've made no decision as yet. About 3 weeks later I told Suzy to call again only to be told they made a decision 3 months ago and that she was denied. This put a halt to an appeal because you only have 60 days to appeal in which she missed that window. We appealed that and won because they never sent us a letter of refusal from the beginning. So, to see another screw up even worse than the one way back is unforgivable and extremely incompetent to say the least. My thinking leans toward a unwritten policy of depriving Americans. It seems to be on purpose. But what amazes me is the stop they put on her altogether in seeing this judge, and by this judge who never met Suzy ever.

Jim,
I am sooo sorry to hear this...why do we pay into SS and then get denied for what we have worked for our whole lives? I am in my first round and I have 2 appts next week, so I am very unfamiliar with the whole process, but thanks for the update....the more I read about everyone's experience, I am expecting my SSDI in about 5 years.

Dear Jim,

I understand what you are talking about in regards to the "working before the onset". I was approved not for SSDI but for regular SS Benefits which comes with medicare and benefits for my minor children and back benefits for my 18 and older chilren up until they became 18, just to clarify what I actually got approved for. When they mentions "working before the onset" SS gave my attorney a complete list of the part time work I had done prior to my approval and to make a long story short, I did work a litlle to much on year and it was not hours it was the dollars they are looking at. So, in order to settle I had to give up about 3 years of back benefits. I got 4 years instead of seven, but to me it was worth it. I had waited long enought and suffered financially because of this whole mess and just wanted it over so I gave up 4 years of earnings. I was told that if Iwent in front of a judge I could possibly lose because of the slight overage and I mean it was really a small amount of money I went over for a short, short peroid of time . So, I settled.

I hope this helped.....

Gabbycakes

Just one other possibility, Identity Theft. There is a chance someone worked under her SS# without her knowing. While the odds are it's just a mistake, remember you don't want to be confrontational with the ALJ's office. Bees, honey, vinegar, whatnot...