Denied for SSD and SSI

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uniquelyme
Veteran Member


Date Joined Nov 2008
Total Posts : 1037
   Posted 6/9/2011 2:18 PM (GMT -6)   
I guess I knew it was coming but I was still hoping it wouldn't.... Being Denied is nothing out of the ordinary...most of us are. Now I go through the Appeals Process....So? To all of you that have been in this situation tell me if I should retain a Disability Attorney? My mom is telling me not to....but I think I should. I know it will help, but I really need your opinions..

Love ya,
Rhonda

Jim1969
Veteran Member


Date Joined Jul 2009
Total Posts : 2042
   Posted 6/9/2011 2:58 PM (GMT -6)   
IMHO at this point it is time to call in the professionals. They know how to speak the language and how to get done what needs to be done for you to win.

I strongly suggest that you find an attorney that is local instead of using any of those firms that advertise online or on TV.

Also only go with one that collects when you win your case.

straydog
Forum Moderator


Date Joined Feb 2003
Total Posts : 16301
   Posted 6/9/2011 3:14 PM (GMT -6)   
Rhonda, was this your first denial, I do not remember you going thru the hearing stage yet. By, all means get a lawyer, they really count on a lot of people doing just what your mother is is suggesting-blow it off, well don't, hire an atty. Find a local atty in your area that handles nothing but SSD claims and takes cases on a contingency basis, meaning you pay no money up front-he gets paid out of past due benefits if he wins the case, Stay way from the ones that advertise on tv, they are not worth shooting. They are all volume and not quality cases and have no idea who and what their clients cases are about. Stick with someone that has an open door policy.

Good luck.
Moderator Chronic Pain Forum

Chartreux
Veteran Member


Date Joined Aug 2006
Total Posts : 9664
   Posted 6/9/2011 5:58 PM (GMT -6)   
wanted to wish you well in the appeals and that I hope you fight tooth and nail for it
and that you win...keep us posted, IMHO I would definitely get a lawyer....or at least
consult one...
**********************************************
* So many dx's I could write a book* "It would be nice if we could use the edit button in real life"...
********>^..^<********>^..^<*******

uniquelyme
Veteran Member


Date Joined Nov 2008
Total Posts : 1037
   Posted 6/10/2011 2:33 PM (GMT -6)   
Thanks everyone....This is what I thought too...Get a Lawyer, let them do the work, and I'll have a better chance....so sometimes MOM's Don't know best..... LOL

Don't tell her I said that.....
Spinal Stenosis, DDD, DJD, HBP, Type 2 Diabetes

Methadone 120 mg. X daily
Oxycodone 30 mg. 5 X daily
Lisinopril HCTZ 10/12.5 2 X daily
Novolin 70/30 insulin 75 units 3Xdaily
Novolin R insulin 1Xdaily
Novolin R 0-50-0-0

That's all....but OMG!! isn't that enough?

Snowbunny21
Veteran Member


Date Joined Jan 2010
Total Posts : 3557
   Posted 6/10/2011 2:48 PM (GMT -6)   
Sorry to hear this...but it sounds like it's unfortunately par for the course...Others here have lots of good information about the process...as I have not gone through this yet...

So I will just be saying some prayers for you and hope that you can get some rest this weekend and take a little break from thinking about it all..

Hugs (( ))
SB and "the pup who snores loudly" 
 
ACDF C5-C7, (no hardware), with autograft bone Nov. 2001
(reabsorption of bone 2 years later...still lost in body..expect to burp it out at anytime..haha")) 
ACDF with hardware, allograft bone Nov. 2005 
Anterior and Posterior CDF, allograft bone with BMP, removal of old hardware, use of titanium plates, rods, screws, & kitchen sink (lol) Oct 2006
 
 

White Beard
Forum Moderator


Date Joined Feb 2009
Total Posts : 3695
   Posted 6/10/2011 3:00 PM (GMT -6)   
unuquelyme
 
I will add my two cents too, you have been given some excelllent advice, Yes most definitely get yourself a good SSD lawyer, and then do not give up and try not to get discouraged. I know the feeling of rejection going through this process, but like my lawyer told me, don't take it personally, they just try and wear you down, and hopefully you will just give in and give up.  Allot of people do give up, I probably would have too, if it wasn't for my lawyer, he told me I had an excellent case but at the time my age was working against me, and my experience that I had in different fields, and the training I had, had while being in the military. It was a long and sometimes painful experience, but in the end I perservered and I was put on disability. Make no mistake, I would have much rather been able to work, than be on disability, but under the circumstances, that was not possible!  At the risk of sounding trite, "Hang in there Uniquelyme" get a good Lawyer, and do what you need to do, and you will also perservere!  Good Luck to YOU!
 
White Beard          
Moderator Chronic Pain
After spending nearly 22 1/2 years in the USAF, I retired in Sept, 1991. I then went back to school and became a licensed RN in 1994, and I worked on Oncology and then a Med Surg Unit, I became disabled in late 1999 and was approved SSD in early 2002!-- DDD, With herniated Disk at T-12 and L4-5. C5-C6 ACDF in Sep 2009, C6-C7 ACDF in Mar 1985, Osteoarthritis, Ulcerative colitis, Chronic Pain, Fibromyalgia, Complex Sleep Apnea, and host of other things to spice up my life!(NOT!) Medications:Oxycontin, Percocet, Baclofen, Sulfasalazine, Metoprolol, Folic Acid, Supplemental O2 at 3lpm with VPAP Adapt SV I am White Beard with a White Beard!

momtofourangels
Veteran Member


Date Joined Apr 2010
Total Posts : 2261
   Posted 6/10/2011 10:51 PM (GMT -6)   
Hi Uniqleyme I'm sorry to hear that you got denied. I agree with everyone else. Do get an attorney that specializes in SSD. You'll have a much better chance of winning next time. It happens so many times that you're denied the first time.

I was so blessed that I got a good attorney and I won on the second try. I've been on SSI since 1997 or 1998. I got approved because of depression and anxiety along with ptsd. When I fell in 2001 and I was diagnosed with the compression fracture, I added all my back problems to it the next time that I was reviewed. I sure hope that you get approved this time. Good luck.

You take care. I hope you're having a low pain night.

love and soft hugs
Loretta
Dx: osteoarthritis, bursitis in left hip, Osteoarthrits in right hip, compression fracture in thoracic spine due to falling on frozen ground March 2001 , ddd, spinal stenosis, bone spurs, osteoarthritis in spine, osteoarthritis in both knees
Meds: Fentanyl patch, oxycodone, otc: BenGay, Tylenol Arthritis on occasion

newname
Regular Member


Date Joined Jun 2011
Total Posts : 95
   Posted 6/11/2011 7:25 AM (GMT -6)   
When it comes to getting on disability, unless you're paralyzed from the eyeballs down they will probably deny you initially. It's almost a certainty unless you suffer from some mental issues. People suffering with chronic and well documented mental illness seem to get on disability a lot easier than most others. I guess those in charge of the disability process are scared to deny someone with mental problems and then have that person go into his or her work place with a gun and wipe out a bunch of people. Nobody wants to work around "crazy" people (and by using that term I mean no disrespect to the mentally ill, but notice I did put it in quotations. It's just that most people are very ignorant about mental illness and fear those who have it, even if it's something not likely to result in them becoming violent, like depression, OCD, or anxiety). My aunt has severe multiple sclerosis, yet it took her five years to get on disability, even with several doctors and a lawyer backing her up. So definitely get a lawyer, preferably someone who specializes in disability cases.

With our current economic situation, I fear it will become even more difficult for people to get on disability than it already is. Also, if you do get awarded disability benefits, make sure to be careful what you tell your doctor about how you're feeling. Your disability case will be reviewed at certain intervals (usually one, three, or five years, depending on the nature of your disability and the odds that you'll recover). When they review your case, they'll pour over your doctors notes to see if there's any indication you've improved. If they feel you have, say goodbye to your disability benefits. It's rare for someone to be taken off disability, but it does happen.



(Edited for easier reading) Thanks! SE

Post Edited By Moderator (Screaming Eagle) : 6/11/2011 8:40:16 AM (GMT-6)


Snowbunny21
Veteran Member


Date Joined Jan 2010
Total Posts : 3557
   Posted 6/11/2011 8:22 AM (GMT -6)   
Hi Newname...I wrote and said hello to you on another thread...I just wanted to ask a favor since you are new...if you could please break your posts into paragraphs when writing...it would make it so much easier to read...A lot of folks here have trouble with their eyes...as well as someone like me whose contacts are blurry! LOL....

So it would be great if you could try and do this every 4-7 sentences...Thanks so much:)

Post Edited (Snowbunny21) : 6/11/2011 8:25:40 AM (GMT-6)


newname
Regular Member


Date Joined Jun 2011
Total Posts : 95
   Posted 6/11/2011 9:08 AM (GMT -6)   

Yeah, I can understand that. I edited my last post to fit in with the guidelines here. From now on I'll break my posts up more so they are easier to read.


Snowbunny21
Veteran Member


Date Joined Jan 2010
Total Posts : 3557
   Posted 6/11/2011 9:33 AM (GMT -6)   
Thank you kindly:)
SB and "the pup who snores loudly" 
 
ACDF C5-C7, (no hardware), with autograft bone Nov. 2001
(reabsorption of bone 2 years later...still lost in body..expect to burp it out at anytime..haha")) 
ACDF with hardware, allograft bone Nov. 2005 
Anterior and Posterior CDF, allograft bone with BMP, removal of old hardware, use of titanium plates, rods, screws, & kitchen sink (lol) Oct 2006
 
 

purplereading
Regular Member


Date Joined Nov 2010
Total Posts : 108
   Posted 6/12/2011 11:57 AM (GMT -6)   
I guess I am one of the lucky ones.  When I had my accident, I was enrolled in a disability plan  at work. It kicked in as shortterm disability for 6 months, I believe, then it went to another form that lasted for 2 years. Then it became long term disability.  After several years, they insisted that I apply for SS disability, as they planned to take off the amount I would receive from SS from what I receive from them.  When forced I applied, but by applying for it early, I took a 25% reduction in what I would have drawn had I been able to wait till I was 65 LIKE I planned, when the personal disablity is done.
 
I applied for the SS, completed the forms, and had all my medical releases signed. about a month after I applied I got a phone call asking that I contact one of the medical providers and get the records sent as they had not been received. The caller also said: "Do not worry, you will be approved, we just need to have all the records on file. There were no additional questions, no letters, NOTHING.  I then received a letter saying I had been approved, and I think I remember the check for back pay to that date was already in my bank account.
 
Then a couple of years into it, my private disablity carrier desided I could do some  job. I sent them a letter saying as a RN, I was on meds that would disqualify me from working.I would fail any and all drug tests, due to my prescriptions.  They came up with this list of jobs 90 miles away, that I could work for $12-14 an hour, (though I made $30) and then the company would continue to send me any money I was still due of the $30 hourly (60%). (This also started in 2002 when I had the accident)
 
I told them my disablity eval said I could not sit, stand, or remain  in one position for over 30 minutes. Driving over 180 miles a day and working 8 hours a day definitely would not work. I had to fight them over and over and over. ALSO for the past 9 years, they have paid me based on a $19 hour wage for RNs. THIS WAS NOT MY WAGE, so basically they owe me about $60-70000 right now. I will take them to court. I did not want to have to do this because the attorney gets so much of it, but they just keep denying.
 
Unum, my carrier, is one of the companies that has a class action suit against it. It also has been fined over $40 milllion due to denying past claims. Just recently Iread of a surgeon who filed from 1996 and with interest, and money for all the aggravation he collected over $30 million.  
 
I am tired of complying with my part of the deal and getting scr**** by the companies.  I will fight and claim my due.
 
 

uniquelyme
Veteran Member


Date Joined Nov 2008
Total Posts : 1037
   Posted 6/12/2011 6:28 PM (GMT -6)   
Thanks again to everyone.... I think my biggest hurdle is that I haven't worked since 2002...Therefor I don't "technically" have enough work credits...but.....I am documented as having problems since before that time. So it's a matter of documentation. When I got my denial letter they put on there that they only had records for the past year....A friend of my mom's also filed at the same time and was denied and they also used the wrong dates on her letter....for a lot of different things. so I'm not taking it too personally.... but I think I'll go against my mom and get a lawyer.....

Rhonda
Spinal Stenosis, DDD, DJD, HBP, Type 2 Diabetes

Methadone 120 mg. X daily
Oxycodone 30 mg. 5 X daily
Lisinopril HCTZ 10/12.5 2 X daily
Novolin 70/30 insulin 75 units 3Xdaily
Novolin R insulin 1Xdaily
Novolin R 0-50-0-0

That's all....but OMG!! isn't that enough?

straydog
Forum Moderator


Date Joined Feb 2003
Total Posts : 16301
   Posted 6/13/2011 7:41 AM (GMT -6)   
Rhonda I do know you have to work and pay in so many quarters. It comes out to almost like working 10 years straight to meet the requirement. When I filed for SSD in the very beginning on a phone interview the lady went over my entire work history based on the the information she had in front of her. She told me right then that I had met the quarters. If in fact you have not met the requirement you can file for SSI, which is Supplemental Security Income. It is for people that do meet the earning requirement if you get approved for it.

Good luck and keep us posted of what you find out.
Moderator Chronic Pain Forum

mrsm123
Veteran Member


Date Joined Dec 2007
Total Posts : 1235
   Posted 6/13/2011 8:50 PM (GMT -6)   
Rhonda,
If you don't have enough work credit , then you don't qualify for SSD- Social Security Disability but you may qualify for SSI- Supplemental Security Income-which is not based on having enough work credits , but on your income and assets. I am not sure that I would hire an attorney yet, especially if you don't have enough work credits, SSI doesn't pay back payments to my knowledge, but I could be wrong.
I never had to appeal for my SSD, I was awarded mine the first time I applied but I made sure that when my doctors said no more working , that all of their records and office notes also said that.
The biggest reason that someone gets denied is because their medical condition is not properly documented and when they send in the paperwork for disability, it is not filled in properly. I collected all of the records myself, had copies made and then gave one set to the SSD office.
I would see what other documentation that they want, make sure that your medical records reflect that you can not return to work in any capacity and why. If all of that is there, then you should win the appeal, attorney or not.
Sandi
Motorcycle accident 1992, Back problems from 92 to 2005. August 2005- early 2006- Chiropractor care
March 2006- consult with surgeon -PLIF/TLIF L4-5, spondylolysthesis, canal and foraminal stenosis, multiple herniations
Post Op Cauda Equina Syndrome
Revision August 2007- salvage op
March 2011- 2nd onset of Cauda Equina Syndrome
Needs surgery to prevent paralysis
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