FAQ/Help |
Calendar |
Search |
Today's Posts |
03-08-2010, 12:56 PM | #1 | ||
|
|||
Member
|
Hello,
Although I'm an "expert" on the application I have never dealt with the appeals process. I have a friend that got denied and I'm helping her file her appeal. I'm writing to ask for help, particularly fron anyhone who filed their own reconsideration appeal. When my friend originally applied she didn't fill out the applicatioin very thoroughly so I assume for the appeal we can state everything she didn't say in her original application. The Reconsideration Disability Report seems to be a duplicate of the applicatioin with a few exceptions. So, I think I have that covered. Any advice would be greatly appreciated.
__________________
Respectfully, Trudi |
||
Reply With Quote |
03-08-2010, 10:45 PM | #2 | ||
|
|||
Junior Member
|
My only advice would be to obtain a killer RFC, along with a killer narrative letter from your treating physician, ensuring of course that they are totally consistent with the established medical record, even better, get two of them, one from the primary and one from the specialist!
You're going to lose anyway, but at least you're setting the table for the ALJ 18-24 months down the road. The odds of winning at the reconsideration level are very slim, it'll be an accident if you prevail there, but it does happen for some. Harvest all of the medical records and memorize them, they need to be consistent with your position and all restrictions need to lead coherently to the RFC with very little inconsistency. |
||
Reply With Quote |
03-09-2010, 09:03 AM | #3 | |||
|
||||
Administrator
Community Support Team
|
Hi Christian
I am sorry to hear you have had such a bad experience with your claim process however, for you to make such a negative statement to another member here is really not in keeping with this forum's mission for support. We have MANY members here who have won first time round, and many who have won on appeal. It really is not very helpful for you to cast the negative feelings you have about your own experience into every reply you make to others on this forum. Quoting statistics or giving your opinion ie "it is my opinion you will likely lose" is very different from "you're going to lose anyway" perhaps you may consider this for future posting please here are our guidelines for you to read so that you can familiarize yourself with the way we prefer posts to be made here http://neurotalk.psychcentral.com/showthread.php?t=1293 thank you
__________________
~Chemar~ * . * . These forums are for mutual support and information sharing only. The forums are not a substitute for medical advice, diagnosis or treatment provided by a qualified health care provider. Always consult your doctor before trying anything you read here. |
|||
Reply With Quote |
03-09-2010, 09:53 PM | #4 | |||
|
||||
Senior Member
|
Christian is talking about the reconsideration stage of the ssdi application process. The denial rate at this stage is 90%. What he is saying is pretty accurate for the overwhelming majority at this stage. There are a few states that have eliminated this stage because it is usually a waste of time and resources. The sucess rate at the initial application stage and the alj appeal stage are much higher but not at the reconsideration stage.
|
|||
Reply With Quote |
"Thanks for this!" says: | mrsD (03-10-2010) |
03-09-2010, 10:22 PM | #5 | |||
|
||||
Administrator
Community Support Team
|
that may well be....it isnt the message but the tone and emphasis in delivering it that I am referring to, based on the recent posts.
it is good to have all viewpoints represented, and everyone's experience is valuable information for others to learn by we just ask that the posting be a little less abrasive than has been forthcoming
__________________
~Chemar~ * . * . These forums are for mutual support and information sharing only. The forums are not a substitute for medical advice, diagnosis or treatment provided by a qualified health care provider. Always consult your doctor before trying anything you read here. |
|||
Reply With Quote |
03-10-2010, 12:26 AM | #6 | ||
|
|||
Junior Member
|
**
** An 85-90% denial rate adds up to an accident if you happen to be approved as far as I'm concerned. I've arrived at a place where I only deal in the truth, Application level = 25-30%% approved Reconsideration = 10-15% approved ALJ = 60.8% approved AC = 1-2% remanded, approved Keeping in mind that a handful of regions are dominated by very, very liberal ALJ's(such as Flint MI)where they approve virtually everyone who comes before them, skewing the true average up. The ALJ I just went before is turning down 7 of every 10 claims so far in fiscal 2010, his most generous year out of the past five being 2006 where he softened up and approved 50% of those that came before him, yeah, the truth hurts, I'm waiting on my seventh denial in six years. Last edited by Chemar; 03-10-2010 at 06:36 PM. Reason: NT guidelines |
||
Reply With Quote |
03-10-2010, 01:38 PM | #7 | |||
|
||||
Member
|
I don't want to be hateful or argumentative -- or be negative in any way. So, I hope the moderators will understand that I am really trying to be respectful of them, of the other members, and of the purpose of a forum like this.
I was denied the first time -- and I had a ROCK SOLID case. No "if's, and's, or but's". I was a "classic" case that SHOULD have won on the first go-round. I hired an attorney with a 90%+ rate, contacted all of my state and national legislators, and kicked up a LOT of dust. My state has the WORST approval rate. Someone posted the stats link for all of the states on a thread here recently. Until you have been denied UNFAIRLY, I don't think that you TRULY understand how Christian feels. I was in total SHOCK and unable to function for almost four months -- from the time I got my denial letter -- until my reconsideration paperwork was filled out by my attorney and I received approval BY MAIL!!! When I say that I was "unable to function" -- I mean that besides having to deal with my disability (Myasthenia Gravis) -- I was unable to focus on ANYTHING!! I was a TOTAL WRECK!! Four months is NOTHING compared to how Christian must feel -- SIX YEARS!!! Angry?? I would say that your feelings are CERTAINLY valid!! Christian, you are in my prayers!! God is BIGGER than the government!!
__________________
~jana |
|||
Reply With Quote |
03-10-2010, 01:45 PM | #8 | |||
|
||||
Member
|
Here are the % the year I finally got approved:
http://www.ultimatedisabilityguide.c...ial_rates.html
__________________
~jana |
|||
Reply With Quote |
03-10-2010, 05:39 PM | #9 | |||
|
||||
Administrator
Community Support Team
|
Jana
we appreciate your input and yes, until one has experienced these feelings one really cannot fully understand them the point I was raising was not related to being upset at the system...it was allowing that upset to come thru toward other members not just on this thread, but on other threads here as well
__________________
~Chemar~ * . * . These forums are for mutual support and information sharing only. The forums are not a substitute for medical advice, diagnosis or treatment provided by a qualified health care provider. Always consult your doctor before trying anything you read here. |
|||
Reply With Quote |
"Thanks for this!" says: | Abbie (03-10-2010), legalmania (03-13-2010) |
03-11-2010, 01:53 PM | #10 | |||
|
||||
Senior Member
|
Quote:
|
|||
Reply With Quote |
Reply |
|
|
Similar Threads | ||||
Thread | Forum | |||
appeal | Social Security Disability | |||
2008 to date: Payment of fees to attorneys and others for representing Social Securit | Parkinson's Disease | |||
Appeal for carers' bonus to stay | ALS News & Research | |||
I just wrote this in my appeal which is so traumatic | Social Chat |