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-   -   A few things from my denial letter. (https://www.neurotalk.org/social-security-disability/250692-denial-letter.html)

davOD 01-24-2018 08:59 PM

Quote:

Originally Posted by LIT LOVE (Post 1258162)
While I know many/most attorneys don't closely examine medical records when they sign a client, they darn well should, especially in a scenario like yours.

Have your spirometry results improved with any subsequent tests or stayed the same?

I won't agree or disagree with you.....But........The only time a Social Security attorney gets money, is by winning.....So to me its lazy, or stupid.....It would be only in their best interest!!!!

Alice P 01-25-2018 05:11 PM

Lit Love

I just had a spirometry test and a CT scan done in Dec and the results have stayed the same. I’m scheduled for more tests (6-minute walk etc.) in Feb. These are yearly tests.

My pulmonologist told me as long as I don’t smoke (I quit smoking in May of 2016, three months before my DX) and don’t get sick (getting sick causes exacerbations) that my lungs will function like everyone else’s, a progressive decline because lung capacity naturally declines with age.

With that in mind, I don’t know how I will ever be approved for SSDI. I was denied twice because my “condition results in some limitations” and my COPD isn’t going to get worse anytime soon.

I read that SSD will consider ALL of a person’s conditions, if they don’t meet a listing in determining if someone is disabled. Apparently, I still don’t qualify…

I'm not sure how my lawyer is going to approach my case.

LIT LOVE 01-25-2018 07:35 PM

The process is more thorough at the hearing stage. If you need to prove your skills are not transferable so you can qualify via the GRID or the full 5 Step Sequential Evaluation Process you'll have a better chance then.

BTW, it is really rare for claimants to qualify by meeting a Listing with DDS at the first two stages.

You'll have your copy of the CD soon so try not to stress.

LIT LOVE 01-25-2018 07:41 PM

Quote:

Originally Posted by davOD (Post 1258165)
I won't agree or disagree with you.....But........The only time a Social Security attorney gets money, is by winning.....So to me its lazy, or stupid.....It would be only in their best interest!!!!

It's a numbers game for many of them. By ignoring cases until the hearing stage it also helps increase their fees. Many clients have little chance of approval prior to the hearing, but most would be well served to understand what medical documentation is lacking. If your attorney doesn't review your case until right before a hearing there isn't anything that can be done at that point to fill in the medical documentation gaps.

Mz Migraine 01-29-2018 02:22 PM

Quote:

Originally Posted by Alice P (Post 1257980)
A few things from my denial letter


“Your statements about your ability to preform work related activities are not fully supported by other evidence in file.”

This one sentence bothers me the MOST! What does this mean?

Does this mean that my doctors are saying that my conditions are not bad enough to keep me from working?

Does it mean that I’m not as sick as I think I am?

What is other evidence?


More than likely there was something in your doctors medical reports as well as their NOTES!
Did you keep copies of the above for yourself? If not, suggest that you obtain copies from your atty & go over them w/a fine tooth comb.

FWIW....
Due to your age, you have a better chance of getting approval w/the ALJ. However in your case, you need to know exactly what is stated in the Drs reports as well as their NOTES.


GOOD LUCK! :hug:


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