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02-17-2012, 08:53 PM | #1 | ||
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Husband was denied SSDI stating "he was not disabled" in their opinion.
So basically states we have 60days request a hearing. Our LTD carrier told us if he gets denied they will provide a lawyer. Our next step I guess. This was first attempt and took about 60days for an answer. I really thought due to his age of 54, 24yrs with same employer, his spinal fusion last summer (8 verterbrae) with rods and screws, his osteoarthritis of spine, osteopenia, spondylisthesis of spine he would of been approved. But alas, not... |
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02-17-2012, 09:23 PM | #2 | ||
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02-19-2012, 06:19 AM | #3 | ||
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Tru dat, babyboomer !
Hi ironbutterfly, Try not to be discouraged. The great majority are denied the first time around. It's great if the LTD people will have a lawyer assist you on the appeal. The lawyer should be aware of what kind of documentation SSA requires to find total disability. Just going off what you mentioned here, where you explained his condition with "just" a diagnosis (you obviously weren't intending to give the "whole" story there), are you SURE his application was as thorough as it could be ? My first time around, I think I made a big mistake in giving more info about my diagnoses and treatments than about the impact they had. Is he able to get dressed and leave the house each day ? Does limited mobility mean he needs assistance getting out of a chair ? Does he need to lay down every few hours ? It's not about listing what's wrong with him, it's about explaining why those things make him unable to work. Good luck !
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. Gee, this looks like a great place to sit and have a picnic with my yummy bone ! |
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"Thanks for this!" says: | LIT LOVE (02-23-2012) |
02-19-2012, 08:54 AM | #4 | ||
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This is one of the truest statements I have read. Extremely Important!
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My life has been interrupted by PCS (Post Concussion Syndrome) aka TBI (Traumatic Brain Injury) due to a car wreck April 13, 2010. It can go back to normal any day now! |
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02-19-2012, 09:13 AM | #5 | ||
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The most important thing that should be mentioned about his impairments is that he is unable to stand 6 out of 8 hours. Thats basically a slam dunk for SSDI. I have 2 impairments that prevent me from standing for long periods of time.
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02-19-2012, 01:22 PM | #6 | ||
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Elder
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Keep trying. I have almost the same conditions. It took a long time to get all the benefits, and several denials. Don't loose hope. I did have an attorney working for me the whole time. ginnie
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02-19-2012, 03:58 PM | #7 | ||
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I didn't/don't have the ability to fill out huge applications like that so I made an appointment with SSA for help with the application. I really recommend that people go to SSA for help -- that's what they're there for and it's FREE!
I was there for almost 4 hours and I had gone in with part of the application done. If it takes an SSA professional 4 hours to finish an application -- and the woman was seriously efficient, with all of the medical/doctor info already programmed into her system -- then how can sick folks complete it all correctly and easily? LOL, I almost think that the application is the first disability test -- if you can complete it all yourself pretty well, then you can work. I'm kidding, but I wonder! Anyhoo, I was SO GLAD I went to SSA for help. She asked me questions and wrote down things I never would have thought to include. The effect of the meds, for one. They told me to bring all of my meds and she studied each one. She said, "Wow, a lot of your meds make you tired or dizzy!" And she noted that. That didn't occur to me. I was approved on my initial application in just 10 weeks. It helped that I struggled, changed jobs, modified my work, and stayed employed for years after the diagnoses until I just couldn't anymore. But I think it also helped that when it was time, I went to SSA for assistance with applying. The SSA employees have the ability to flag applications they think are obvious and should be approved. I don't know for sure that's what happened with mine but I think it did help for an SSA employee to go through the application with me and see firsthand just how much pain I was in. Shoot, I had to take my pain pills and other meds while I was there for my appointment. The best advice I was given came from an SSA advocate. He told me not to involve a lawyer or agency unless I was denied on the application and the reconsideration. He said lawyers will happily take your money to do what SSA and non-profits will do for free! He was right, and I'm glad I listened. Just my thoughts. I wish y'all the best of luck! |
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02-20-2012, 03:26 AM | #8 | |||
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you know your right about that(besides your age requirement).they ask me that same thing.and i to have 2 imparements(my neck and shoulder)that prevent me from standing for any amount of time.plus they also like to see what meds and treatments you are taking for that to!! sounds minor but its a big plus on ones case!!
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"Thanks for this!" says: | ginnie (03-20-2012) |
02-21-2012, 07:48 PM | #9 | ||
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We completed the adult function form where they ask about hygiene, going to store, driving, cooking, how you can walk, etc. He is able to take care of himself, drive, go to store, cook, do some laundry, and walk. I did stress that he can't sit or stand more then 2hrs...and that he has a life time limit of no more then 25# for lifting due to screws and rods. He does have a college degree and he is 54...He does not have any mental issues (not depressed), etc. We were honest in all that we put but there is no way he can work if he can't stand or sit more then two hours without pain. I wonder if him having a degree had something to do with it. Although he never worked in his field of degree....he worked for 24hrs in a hard physically demanding job.... The letter did say they made the decision based on info received from his surgeon and from the rehab folks (rehab after his spinal fusion) in conjuction with his age, education, etc... So just not sure what we did wrong to get denied..... |
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02-21-2012, 07:50 PM | #10 | ||
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I guess we need to know what his surgeon wrote....they said they relied on info from him...so, onward with the lawyer, appeal, hearing, etc...I guess. |
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