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Old 10-26-2017, 11:09 AM   #11
echoes long ago
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did they also do a lung diffusion and lung volume testing after the spirometry?
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Old 10-26-2017, 12:39 PM   #12
Alice P
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Originally Posted by LIT LOVE View Post
You were denied at Step 4. If you had met a Listing, you would have been approved at Step 3, and then the process stops. See link for the 5 Step Sequential Evaluation Process above.

It's not that your test wasn't performed properly, it just might not have been performed the way SS requires. As one example, it could be something as simple as you had a change of medication within two weeks of spirometry testing, so the test was invalidated. See 3.00 E from link for Listings.

Your case worker would not be asking about upcoming breathing tests if you had enough medical documentation to prove you meet a Listing today. You can ask why you don't already meet a Listing--I'm not sure why they don't volunteer this, but there must be a policy against it. Or, if denied at Reconsideration, you can request a copy of your file to see why they determined that you didn't meet a Listing.

Sigh, I'm not talking about the denial. The denial was in June and its water under the bridge. I spend zero time thinking about the denial because that part of the process is over.

I'm under reconsideration and that's where my focus is.

The reason that my case worker ask me the question remains to be seen. I'm not sure how you can say unequivocally that you know what is happening with my case. My own lawyer is cautious when making assessments about my case and yet you seem to have all of the answers.....

Last edited by Alice P; 10-26-2017 at 03:26 PM.
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Old 10-26-2017, 12:43 PM   #13
Alice P
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Originally Posted by echoes long ago View Post
did they also do a lung diffusion and lung volume testing after the spirometry?
Yes, all of the breathing/walk tests (CT was done at the same hospital on a different day) where done on the same day. It took a little over 90 mins to do all of the tests.

Last edited by Alice P; 10-26-2017 at 01:55 PM.
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Old 10-26-2017, 06:00 PM   #14
LIT LOVE
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Sigh, I'm not talking about the denial. The denial was in June and its water under the bridge. I spend zero time thinking about the denial because that part of the process is over.

I'm under reconsideration and that's where my focus is.

The reason that my case worker ask me the question remains to be seen. I'm not sure how you can say unequivocally that you know what is happening with my case. My own lawyer is cautious when making assessments about my case and yet you seem to have all of the answers.....
At the initial stage and Reconsideration, the process is based upon rules and procedures. SS has worked very hard to make sure that their decisions are uniform in every state via the QC process.

Reconsideration is exactly the same as the initial stage, with the only difference being another case worker reviews it. The odds of a case worker making an error and it not being caught by a supervisor or by QC, is very, very low. The small percentage of claimants that are approved during Recon, almost without exception have discovered that not all their medical records were submitted, which they rectify, or the addition of new medical documentation makes the difference.

Your attorney should be able to look at your medical records and determine why you were denied at the initial stage. (Many attorneys won't even sign clients until they've been denied Recon and most won't do much to expedite an approval since their compensation comes from their clients backpay, but let's assume yours will review your file for you.)

There are only a few Listings that are based upon objective tests, which are very predictive: Chronic Respiratory Disorders, statutory blindness and hearing loss are the most notable.

When a case worker has enough medical documentation to award an approval, they stop the process. If you currently had enough medical documentation, your case worker wouldn't be asking if you're going to have more breathing tests performed soon. But, if the case worker didn't believe that an additional test might provide the documentation, they would just deny you and close the case.

It would be a shame for you to narrowly miss an approval and have to wait for an ALJ hearing, or even deal with the long delay of an OTR request.
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Old 10-26-2017, 09:01 PM   #15
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Quote:
Originally Posted by LIT LOVE View Post
At the initial stage and Reconsideration, the process is based upon rules and procedures. SS has worked very hard to make sure that their decisions are uniform in every state via the QC process.

Reconsideration is exactly the same as the initial stage, with the only difference being another case worker reviews it. The odds of a case worker making an error and it not being caught by a supervisor or by QC, is very, very low. The small percentage of claimants that are approved during Recon, almost without exception have discovered that not all their medical records were submitted, which they rectify, or the addition of new medical documentation makes the difference.

Your attorney should be able to look at your medical records and determine why you were denied at the initial stage. (Many attorneys won't even sign clients until they've been denied Recon and most won't do much to expedite an approval since their compensation comes from their clients backpay, but let's assume yours will review your file for you.)

There are only a few Listings that are based upon objective tests, which are very predictive: Chronic Respiratory Disorders, statutory blindness and hearing loss are the most notable.

When a case worker has enough medical documentation to award an approval, they stop the process. If you currently had enough medical documentation, your case worker wouldn't be asking if you're going to have more breathing tests performed soon. But, if the case worker didn't believe that an additional test might provide the documentation, they would just deny you and close the case.

It would be a shame for you to narrowly miss an approval and have to wait for an ALJ hearing, or even deal with the long delay of an OTR request.
What are your qualifications ? Are you a former claims examiner ? A disability lawyer/ paralegal ? A patient advocate ?

How is it that you know so much about the inner working of the SSD system ?
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Old 10-26-2017, 11:46 PM   #16
LIT LOVE
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I am disabled myself. I successfully represented myself at the ALJ level, after receiving a partially favorable decision with an inexperienced attorney that was substituted at my first hearing. --I was aware I probably needed to hire a new attorney and don't recommend the pro se process even though it worked well for me. It's generally best to utilize your representative, as well as self advocate.

I continued to learn about the process so that I could potentially help others by reading other websites and attorney's books, the posts of a SS staffer here at NT, and then eventually digging in to the SS source material directly at SSA.gov. After the SS forum at this site slowed down, I began volunteering at SSDFacts and have been a moderator there for a few years. I've been less active here for a year or so, but came back to participate in my impairment related forum after a traumatic health issue arose and stopped back in to this forum as well.

If I was well enough to be dependable physically, I would study and apply to be a non attorney rep myself. I've been actively learning about the process for 15+ years, and active here 7+ years. If I don't know something, I know where to look or who to ask. And while this site isn't as busy, there are a hand full of very knowledgeable posters that would call me out if I was posting nonsense.

I can link to reputable sources for everything I've stated, and the patterns and anecdotal evidence I've noted is not unique. (I have linked to some of those sources in the stickies above.) My daily interactions with other claimants have simply confirmed that there are predictable patterns in many scenarios.
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Old 11-16-2017, 03:48 PM   #17
Alice P
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Originally Posted by LIT LOVE View Post
I am disabled myself. I successfully represented myself at the ALJ level, after receiving a partially favorable decision with an inexperienced attorney that was substituted at my first hearing. --I was aware I probably needed to hire a new attorney and don't recommend the pro se process even though it worked well for me. It's generally best to utilize your representative, as well as self advocate.

I continued to learn about the process so that I could potentially help others by reading other websites and attorney's books, the posts of a SS staffer here at NT, and then eventually digging in to the SS source material directly at SSA.gov. After the SS forum at this site slowed down, I began volunteering at SSDFacts and have been a moderator there for a few years. I've been less active here for a year or so, but came back to participate in my impairment related forum after a traumatic health issue arose and stopped back in to this forum as well.

If I was well enough to be dependable physically, I would study and apply to be a non attorney rep myself. I've been actively learning about the process for 15+ years, and active here 7+ years. If I don't know something, I know where to look or who to ask. And while this site isn't as busy, there are a hand full of very knowledgeable posters that would call me out if I was posting nonsense.

I can link to reputable sources for everything I've stated, and the patterns and anecdotal evidence I've noted is not unique. (I have linked to some of those sources in the stickies above.) My daily interactions with other claimants have simply confirmed that there are predictable patterns in many scenarios.

*admin edit*

Going through this process is incredibly stressful *admin edit*.


*admin edit*

Last edited by Chemar; 11-17-2017 at 08:37 AM. Reason: ** admin edits per NeuroTalk Guidelines/flaming
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Old 11-16-2017, 11:04 PM   #18
LIT LOVE
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Other sites? I post here and one other site, using the same username.

I was trying to give you information that I believed could potentially help you with an approval at the Reconsideration level because I believed you were one of those in a small group that might have a chance of approval at this level. Again, approvals are a little over 10% at Reconsideration.

I'm sorry if my posts seem complicated, but the SSDI process is complicated. My belief is that applicants can and should be more proactive helping prove they qualify for SSI/SSDI. This often means they need to dig in and learn the rules in this stressful, complex medical/legal evaluation.

My advice was that you: 1)review the requirements for your Listing and the approval process in general 2)ask your caseworker why you didn't previously meet a Listing 3)confirm your new test will provide the information required 4)after you stated you already had an attorney, I suggested he/she could tell you why you were previously denied at the initial stage 5)if you're denied at Recon that you could request a copy of your file.

My intention was to try and help you, so I'm sorry you are upset my posts. I'm not sure which part of the above was objectionable or required a law degree to dispense.
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Old 11-17-2017, 08:05 AM   #19
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I always appreciate your responses Lit Love and know that you always try to help others with all of your heart. You have helped me immensely on this forum and I personally thank you for that. Hope you're feeling better and sending many virtual hugs and prayers your way.
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Old 12-04-2017, 04:57 PM   #20
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Lit Love - thank you for all of the research you take on for the benefit of all of us. I read all of your posts and have found them helpful and insightful.
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