[mikeymal]

Hi All, Has anyone ever wrote a letter to their legislator regarding your social security disability denial? I have been denied due to the fact I am on the line between making to much money each month. I work part time and make between 900-950 dollars per month. The max I can make is a little over 1000 per month. The judge says Im doing it on purpose. I can only work what is available to me. I very frustrated. I want to file a complaint on her into the ethics committee. Any advise? Thanks, Mike

[LIT LOVE]

Let me just clarify, you had not previously been awarded SSI or SSDI benefits, but went before an ALJ that turned you down based upon your working PT? You did not have an attorney represent you? Have you recently received the denial letter?

The amount of PT work you're able to find doesn't make as big of a difference as the amount of PT work you are capable of doing. This is a disability benefit with strict rules, not an unemployment benefit. If you were insulted that she felt you were trying to "game the system", lots of people do it, and that certainly looked like a pattern they must see frequently (usually with those that have already been approved though.) I don't see any ethics violation or reportable offense, unless you're leaving something out.

If you made the claim in a similar fashion at your hearing, as you wrote it here, you will have an uphill battle getting an approval. It is possible she made an error in her denial letter, and an attorney could best advice you about that.

Asking for help from a Senator or Congressperson is to usually speed up the process if it's stalled out or someone is about to be evicted, etc. They can't decide the legitimacy of your claim. If you look up the website of the contact you're interested in, they will have an explanation of what help they offer. In this case, I'm guessing what you need is an attorney or a non attorney SSDI/SSI claims rep to help you with your appeal.

One last thing, just because this was discussed at your hearing or in a denial letter, don't assume you would otherwise have been approved. The ALJ doesn't proceed through all the steps once they find a reason to deny you.

There might be circumstances that you haven't mentioned that will help you with an appeal--which you should pursue, regardless. I'm just trying to give you my opinion of what you're facing and why.

Good luck.

[bretd]

Originally Posted by mikeymal

Hi All, Has anyone ever wrote a letter to their legislator regarding your social security disability denial? I have been denied due to the fact I am on the line between making to much money each month. I work part time and make between 900-950 dollars per month. The max I can make is a little over 1000 per month. The judge says Im doing it on purpose. I can only work what is available to me. I very frustrated. I want to file a complaint on her into the ethics committee. Any advise? Thanks, Mike

I have been fighting to get disability for 4 years, and have been in contact with my congressman for 2 years. All they do is send an inguiry letter to social security. The last hearing I had My lawyer showed my all the inquiry's that my congressman made. I am not sure it helps, but it sure can't hurt. As far as working and trying to get disabiliy, that is a very hard fight. Like I said I have been fighting for 4 years and can't even work part time and I am still fighting. I wish you luck...

[finz]

MM,

"The amount of PT work you're able to find doesn't make as big of a difference as the amount of PT work you are capable of doing."

I want to highlight that quote from LL's great post to make sure that you "get" what she is saying. You had to make your case to the ALJ that you couldn't possibly work more hours, because you physically couldn't do it, not because your employer didn't have more hours available. Your statement in your OP, " I can only work what is available to me." makes it sound like you COULD work more if only the hours were available to you.

[mikeymal]

Im sorry everyone, I didnt mean to say available, but to say able!! I currently have a home based job where I make my own hours. Ive been terminated twice over the past 10 months due to me not being able to physically do the job. Both jobs lasted two days. There are days at a time I cant work but i try to do as much as I can. I want to be a contributing member to society again and Im having a hard time adjusting. I have a friend who is a fraud to the system. He drives a gravel truck at night getting paid cash and he draws disability. Plays golf three days a week(has a membership) bowls twice a week. Maybe Im a little bitter. I do have representation and he was a little surprised about the decision also. I didnt mean to say what I did, I can see where it would be taken out of context. Its been a tough year!!! I just want to be normal again.

[LIT LOVE]

Regarding your friend--he's committing a crime. The only way to combat these issues is to turn people in.

Is your attorney handling your appeal for you? I'm surprised he didn't warn you that working at all, let alone near the max allowed, would severely hurt your chances. The fact that you couldn't manage a regular job should have been discussed at your hearing, but you're so close to not qualifying based on max allowed, I would have been more surprised if you HAD prevailed. I haven't been able to work at all since I was injured, and the ALJ that approved me made me prove that there was no job in the market that I could adapt to and even work PT. You've shown you are adapting...

The process can be incredibly frustrating. Instead of worrying about the ALJ, focus on your appeal. You might want to speak to another attorney or a non-attorney SSDI claims representative. You want someone that only does SS claims (along with Work Comp would be ok since many do both).

[finz]

lol MM......Yes, a word or two makes a BIG difference there ! Thanks for clarifying.

One would think that the failed work attempts that you have had would have helped you.

You might ask your attorney what he thinks of anyone working part time applying and if he has seen ANY clients found disabled by SSDI if they have still worked at all.

We have discussed this a few times here on NT. The SSA's guidelines seem to allow the possibility of someone still being able to work a bit, as long as there disability prevents them from SGA. In a practicle sense though, I wonder how many, if any, the SSA approves who are still working at all.

The people that I know who have been approved have not been able to work at all. I do think it would be tricky to prove that you are able to work a little, but just can't do more. I absolutely understand that it's possible for a person to be in that kind of shape. I just think it's going to be very difficult to PROVE that condition. It's hard enough to prove total disability when one isn't able to do any work.

Is your wish to "be normal again" a legitimate hope that your condition might be resolved or go into remisiion ? Or "just" the wish we all have to go back to healthier days ?

I feel your frustration over your "friend" who collects disability and works under the table when he's not enjoying his golf game. Scum like that makes it harder for those of us with legitimate claims to get the help we need from this "insurance" that we paid for.

[Janke]

Originally Posted by mikeymal

Im sorry everyone, I didnt mean to say available, but to say able!! I currently have a home based job where I make my own hours. Ive been terminated twice over the past 10 months due to me not being able to physically do the job. Both jobs lasted two days. There are days at a time I cant work but i try to do as much as I can. I want to be a contributing member to society again and Im having a hard time adjusting. I have a friend who is a fraud to the system. He drives a gravel truck at night getting paid cash and he draws disability. Plays golf three days a week(has a membership) bowls twice a week. Maybe Im a little bitter. I do have representation and he was a little surprised about the decision also. I didnt mean to say what I did, I can see where it would be taken out of context. Its been a tough year!!! I just want to be normal again.

If you do not provide evidence of the fraud that you know is being committed by this (according to you) lying friend of yours, you are part of the problem.