Thanks Don,
I do realize that I'm not the only one with these problems. I wish to god that everything concerning an SSDI claim was much simpler for everyone. I just don't understand why SSA has to make it so complicated for a truly disabled person to get what is rightfully theirs. What I found out yesterday from my lawyer has me very, very upset. SSA only used one of my medical problems to make their decision. What about all the other medical problems, why did they not look at these? They were all plainly stated on my initial claim. No where on that claim did I state that I had to quit working because of COPD. It was a combination of all the medical ailments, mainly my knee. It just don't make no since what so ever.

I think they are having to be very picky now as the economy has slowed and many with maybe not so serious health problems are trying to get SSD.
Don't take it personally, they are just following the directives of the higher ups.

I haven't been through the SSD system but did the Work comp system - seems like they are kind of alike in some ways... it's all in the paperwork and what the drs write and how they write it. and some attys are very mediocre...IMO.

I hope the atty is helping to get all your health problems listed correctly.
But you may have to read the reports and make notes about any wrong information so atty can get it straightened out with your drs so it is all clear & all covered in the reports & paperwork..

I read this tip somewhere - on your reports/drs notes- take a highlighter and anytime you see something incorrect mark it , then on another piece of paper write out the correct information and maybe number each correction as you go along so anyone reading later can match the info easily.

the next step I'm not sure on - if you have atty check it, or have the dr check it for clarification... prob the atty first - he should be able to tell if anything you marked needs to be addressed or not.


I would still write your letter of dire need with copies of all bills that are owed and behind on payments, esp the ones for your home and possible loss of it.

I would keep the letter simple and clear - if it gets too wordy their eyes will glaze over ...

I would list each health problem starting with the ones that affect your ability to work the most at the top of the list and going down from there.

I think the tips on that ehow link sounded pretty good.
you may even be able to find a sample letter somewhere online, but I wouldn't copy it just use it as a guide to cover all points.

[In your letter tell them exactly how you feel. Exactly what is going on in your life. Let them know what lead to your disability. If you are or have been suicidal or homicidal, make sure you include these things in your letter. Tell them things you have discussed with you doctors. Doctors don't always take notes of every conversation they have with you. Tell them what medications you are taking and ALL side effects of the medication. If at all possible, write the letter yourself. If necessary have someone type it for you, but use your own words. You can use a representative, but the SSA may not take you as seriously.

Read more: How to Get Your SSA Disability With A Letter Of Dire Need | eHow.com http://www.ehow.com/how_5960580_ssa-...#ixzz1BPdCLBXK
]

Jo Mar makes an important point. Remember in all the paperwork you fill out for ssdi it is important not only to state what disease or condition you have but how that particular condition affects your ability to work. for example, how it affect ability to stand, sit, bend, kneel, climb, reach, concentrate. fatigue, balance etc. whatever it affects. this also goes for whatever medications you are taking and also if you have pain and cant sleep, or concentrate, or have to take frequent naps. So for your knee you would explain how that inparticular limits you in being able to work and then go through each condition you have plus medication.

Hi echoes long ago,
I did do all this in my initial application. As far as the knee replacement, the doctors had discussed it with me but at the time I applied, a decision had not been made to do it yet. But I did state on the application that the knee was the deciding factor on me having to quit work. SSA obviously did not see this or they just ignored it because of what the doctor at the consultative physical told them. Either way, my lawyer thinks that with the letter of dire need and the severity of my disability, he can get the hearing expedited or get the judge to make a bench decision and overturn the denial without a hearing. As I have stated several times throughout this topic, I would give anything if I were able to go back to work and forget this nightmare. The fact that I can't even walk puts that pretty much out of the question. I just have to keep hammering away at it and hope for the best. I do know this, if I loose my home because of this. Somebody better look out.

thats the same fate i to am facing "Rlj".i just got another re-exam that we are now using in my case.last week i went to a "EMG"doctor for another evaluation.he found that i have 2 rupture disc's in my neckim going in thursday to see a neck/spine surgeon.for 2yrs i kept telling these people that im still in pain.guess they believe me nowbut what do i do for the time beingSee just like you my "brother"i may loose everything(home,truck,etc).i to have gone to the "VA",lawyers,unemployment,etc.and we both have legit injuriesi dont know you or you me,but i got your back "myFriend"

Hi don,
Think long and hard about your back, you know they are going to want to do surgery. I haven't heard a lot of people saying they've had good results from back surgery, as a matter of fact I've heard a lot of them got worse. I'm sure there is a discussion about it somewhere on this site. I'm sure someone can point you to the right thread.
SSI and SSDI are so overwhelmed with cases, and a lot of information is being overlooked. I actually found pages from another case in one of my clients files. It took me months to strengthen it out. They acted like it wasn't a big deal, but it could have made the difference of being denied or approved.

Sorry Follks,
My leg is hurting like hell so I tried to go to bed. No luck with the sleep. Thanks for the cover Don; it's always good to have someone covering your 6 o’clock. Please don't ignore what legalmania said about this back surgery. I have a close friend here; as a matter of fact she is the lady I used to work for. She is only 42 years old and she has had 3 major operations on her neck and upper spine that I am certain of. She may have had even more. We worked together in a floor covering store that her husband owns. She was the store manager but no body ever told me what my title was. Anyway, this job requires constant heavy lifting, constant standing and walking on a concrete floor. There have been times; we would have to stand around in the show room with bargain hunting customers for 2 or 3 hours at a time without sitting down. You can't just walk out on a customer. She had gotten to the point that she was always dropping stuff. She couldn't even hold on to a pencil to write because her hands and arms would be numb. She has had 2 of those fusion surgeries, what ever that is and the last one she had before I had to quit was surgery on a collapsed disk that was pinching a nerve. That happened about a year before I had to quit and she is still in terrible pain all the time and her hands and arms still go numb. Before I left, she dropped a box of fancy ceramic tile trim that cost the store about $600.00. Her husband has hired 2 replacements for me because she can’t do any heavy lifting and that job takes 2 people most of the time. Anyway, be very, very particular about what you let them do to your back

Thanks, rlj1959

sorry if im stealing your "Posting Rlj".it goes to show you no matter whose posting it is we all are here for each other.so again sorry.But i just want to thank you folk on the tip.all i can say is "Gulp"well i thought my was minor,just a quick routine task

No need for an apology Don. I have been doing some really hard thinking about my whole situation after reading all the post in this forum and other forums about SSDI claims. I have come to the conclusion that every bit of this screw up between me and SSA is my fault. When I first applied for SSDI, I was shooting in the dark, I did not research it, I did not provide all the medical records pertaining to all my medical problems to SSA for the initial claim as I should have. I actually had no idea what I was doing from the start. I believe if I had done all this, I wouldn't be in this predicament. I have read where other people have done the research and they did have all the records and proof to justify their claim and they were approved immediately. Some even without a consultative physical. Although I did sign several forms giving SSA permission to get my records from the VA. This was not enough. I should have had all the records in my possession when I first filed in order to back up my claim. I am going to start a new thread offering advice to those who are about to start their nightmare with SSA.

Well, more bad news. My lawyer sent me an RFC form (I think that’s what it's called) to take to my doctor at the VA today. My doctor told me that an MD or any other medical personnel employed by the government at a VA hospital are prohibited by federal regulation from signing any kind of medical document other than for internal use only by the facility they are employed at. He wouldn't fill out the damn form. I guess I'm screwed again by government regulations. Any body else ever heard of such? I haven't told my lawyer yet because I got back from the hospital late. I’m going to call the patient advocate at the hospital tomorrow and see if she can help me. If it ain't one thing, it’s fifteen.
Forgot to mention this. My knee is still infected, not bad but infected. My doctor decided to weight for a while to see if the infection would go away with oral antibiotics. If not, then they would go ahead and replace the knee again.

Update:
I called my lawyer today and believe it or not, he actually answered the phone. I told him what my doctor said. The lawyer said my doctor is terribly mistaken. He sent me a copy of a VA Directive stating that VA MDs are required by law to complete this type of forms for veterans as long it is not intended to cost the VA anything. He said the VA is very strict on paying for something that SSA is supposed to pay for. Anyway, I'm sending this VA Directive to my doctor along with the RFC form and hopefully he will do it.