[graig]

Hey Ya'll, haven't posted much here but I apologize if this one is long....but I need some advice. Some background...My wife, Karen, who i met in '99 has RSD Degenerative Disc, PTSD, OCD, bi-polar,and ughhh...I think that's all. Anyway, she was goin' through disability hearings when i met her. She was assaulted in '95; the reason for her injuries. She was also in remission, something I have not heard much about when it concerns RSD. She was denied every time....and all her appeals were exhausted. There was some drug activity in her past which kept her from being approved, i believe. Since that time, she has been clean and sober. Her lawyer at the time told her that it was all over and she couldn't ever apply again. SSDI was also denied because I was making too much money at the time. I figured that we wouldn't need it,....that I would be able to take care of her. All the while, the MONSTER PROGRESSED to unbelievable horrors of which most of you know.
Now I've been laid off, like a lot of folks, and that check sure would come in handy, not to mention the health care insurance. Recently, we've contacted our local congressman and asked if he could do anything. Was wondering if ya'll have ever heard about a final denial decision being overturned, 'cause that's what we are, in effect, asking for. All of our friends, neighbors, and anybody we can think of have been writing letters to their representatives describing her predicament and asking for their help. She has gone full-body and is pretty much bed-ridden. All her doctors say that she is completely disabled and most people can't believe that she is denied this benefit.
What can we do? Thank you all so much for taking time to read my post and god bless and good luck to ya'lll........Graig

[allentgamer]

If she was denied at the ALJ level and hasnt filed an appeal in the appropriate amount of time, I believe the only thing she would be able to do is reapply.

You never know, the condition that she is in now may change everything and give her the winning edge.

[Hoosier_Daddy]

I also think you will have to reapply now. Only problem with this is does she now have enough work credits. They go back a certain amount of time and see if she has worked enough to gain credits for SSDI. You will need to look into this first. Also until you find out I would go for assistance. Food stamps, SSI, and whatever else is out there. It took me over 3 1/2 years to win SSDI so I had to use these services. Good Luck to you both!

[Dmom3005]

I'm not positive but I would reapply and also see if you can get the old case reopened at the same time.

I'm not actual sure how its done. But I do know that when there is a disability that has been continuing, it is possible.

I would see if you can find a attorney that would look at the situation and
take on the case. This would probably be the best in the situation if
you can't get it all opened back up with out reapplying.



Donna

[knowsalittle]

Back to basics. “All of her appeals were exhausted”? Did she take her case to the U.S. Supreme Court? If not, all of her appeals were not exhausted.

Sounds like the lawyer realized she did not have a case. Drugs can be considered a disabling condition & were not the reason for her denial. The reason she was denied was because her condition did not meet the SSA definition of disability - at that time!

Each of the conditions you list can be conditions & require ongoing treatment to be somewhat controlled. The fact that she DID NOT meet the SSA definition of disability does not mean she does not meet it today. Make a new application. Onset will have to be after the last Administrative Law Judge, or Appeals Council, or Supreme Court decision or the date her condition became worse – whichever is later.

Forget about your Senator/Representative. S/he will write a letter to the disability determination office expressing his/her interest & that is the end of it until a determination is made & a letter is sent to him/her.

Do not have her doctors write a letter stating she is disabled – it means nothing. Have her treating doctors write a letter (with accompanying treatment records) listing her medical conditions and what limits these conditions place on her ability to function.

Good luck

[Dmom3005]

I would also make sure that its known she applied before. Its never a done
deal. Its hard to say.

Donna

[RSD31]

that's what happen to me I lost at ALJ and appeals council then lawyer filed for Federal court and then told me to reapply again. then we appealed to Federal court while waiting . I had lost a second time and was waiting to go in front of a AL for round 2. when in Federal court judge told SS sent it back to appeals council in there ruling they put the two claims together and show where there need work information so they sent it ALJ office and 28 days latter i received a Favorable Decision. so my advice keep appealing make shire your Doctors write good letters explaining there opinions and why you are disabled. Also your first decision should have on there how long you have to still be-able to qualify