Disability Denied

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Regular Member

Date Joined Oct 2005
Total Posts : 148
   Posted 11/16/2007 5:31 PM (GMT -6)   
I received my denial letter for ss disability.  The letter was dated November 1, 2007 but I didn't receive it until the 15th.  The law firm handling this will respond within the 60 day limit and have advised me that I will probably be denied again.  At that point it will be turned over for a hearing. 
At what point should I contact my state representative?  Should I wait until I am turned down again and have filed the appeal?
Their reason for not allowing the disability - my arms, legs, and hands work, however I should avoid heavy I lifting.  No kidding!!! I can't even sit for more than 30 minutes at a time.  On top of that, just getting up and doing all the things to get ready to go to work causes my back to scream at me. 
I'm not surprised at the denial.  I've been slowly working my way through my 401K money but that is not going to last forever.

Degenerative Disc Disease, Spinal Stenosis, Herniated Disc, Arthritis of the Spine, some kind of problem with the L5-S1 area, sciatica, diabetes, depression and anxiety.
Lord help me to remember that nothing will happen to me today that you and I can't handle together.

Forum Moderator

Date Joined Feb 2003
Total Posts : 16783
   Posted 11/16/2007 7:24 PM (GMT -6)   
Awe Melanie, so sorry to hear your news but not surprised. Unfortunately, I feel like if you are breathing, there is something you can do. Your lawyer will ask for a Reconsider of that Determination. They will mail him pretty much the same forms that you got when you first applied. Those forms will be completed by his office and you will have to go in sign them. Most likely you will be denied on the Recon unless something worse changes in your medical condition that is documented by a dr. Did SS mention on the denial any dated medical records that were reviewed? When the atty asked for a hearing before an ALJ they send out more forms, same ones, then the wait for hearing starts. So ridiculous. I don't know where you live, but the atty should be able to tell you how long to get a hearing. Most states its a year or more after you request one. Susie

New Member

Date Joined Nov 2007
Total Posts : 4
   Posted 11/19/2007 6:58 AM (GMT -6)   
i too was denied SSDI. i have broke my back, SSA said that their doctors agreed with my doctors, but since even my state has me on total disability, (workers comp), i been off work since oct.2004. they still felt that i could have still found other work. what the thing is, i worked all my life, they see me as going back to work even tho i can not work. but there is over 250,000 mexicans in mexico that worked here illegaly, but are sitting in mexico drawing SSDI. so there for us disabled americans have to go to work to pay into SS, so they can collect down there. i have been writing senators, congressmen/women. for over a year now. keep writing, some day you maybe heard.

Veteran Member

Date Joined Jan 2005
Total Posts : 763
   Posted 11/19/2007 8:17 AM (GMT -6)   
Go to the SS blue book to see if your illness is listed . that always helps too.
Chiari Malformation
Decompression Surgery 1999
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Regular Member

Date Joined Jul 2006
Total Posts : 495
   Posted 11/19/2007 1:43 PM (GMT -6)   
Melanie - When they sent you the denial in that letter it should state what reasons they have for giving you a denial. It will also state what medical records they have from what sources and the last date they have of the records. The first thing you need to do is get your doctor in writing to state that you cannot do the things that SSD says you can. For example with me it says that with "mild" pain I can walk - my doctor in her most recent things wrote in several times "severe pain" - "extreme pain" "disabling pain" and the like. Also - even though I kept them up to date on everything with my doctors, prescriptions etc, they only had records dating to when I first filed - nothing from my new doctor or pain doctors. The other thing that they put is that I can bend without pain - which is wrong - so that is documented as well. When I see a new doctor I explain to them that I am filing for disability and I ask them to make sure to include anything in thier records that will help with my case. What sucks is I've been told I will more than likely have to fight this as long as I can because I'm only 27 years old.

either way hun, good luck!
"When we come to the edge of the light we know, and are about to step off into the darkness of the unknown, of one thing we can be sure; either God will provide something solid to stand on... or we will be taught to fly.'"

"Cause when push comes to shove You taste what you're made of, You might bend, till you break Cause its all you can take; On your knees you look up Decide you've had enough, You get mad you get strong Wipe your hands shake it off, Then you Stand" From "Stand" by Rascal Flatts
Dx.: Polycystic Ovarian Syndrome, Ulcerlative Colitis, Chronic Inflammation of the Colon, Ruptured & Fused L4-L5-S1 w/pinched nerves, Degenerative Disc Disease, Chronic Costochondritis, Back Muscle Spasms, Asthma, Benign Tremmors (hands)

Regular Member

Date Joined Oct 2005
Total Posts : 148
   Posted 11/19/2007 9:47 PM (GMT -6)   

Nice to hear from all of you - thanks!  It's such a pain in the you know what to have to give SS everything except my first born.  I have never been through anything as frustrating as this - except for raising four teenagers! :-)

I agree with you Waltz.  I am very tired of illegals getting benefits that belong to those of us who have supported this company financially since the first day we started working.

T- thanks also for the information.  I will make sure that I convey that to my doctors when I go to see them.  I'm sorry it will be so hard for you to get ssd.  I'm 52 and have been working nonstop since I was 16.  I had hoped my age would work for me to some degree but I guess not.

Just a note - my 26 year old daughter is a quadriplegic and is getting ssd and they still want her to get a job!  Go figure.

Happy Thanksgiving to everyone - and I hope, at least on that day, that we are reasonably pain free!

Mel  tongue   


Degenerative Disc Disease, Spinal Stenosis, Herniated Disc, Arthritis of the Spine, some kind of problem with the L5-S1 area, sciatica, diabetes, depression and anxiety.
Lord help me to remember that nothing will happen to me today that you and I can't handle together.

Regular Member

Date Joined Feb 2007
Total Posts : 155
   Posted 11/21/2007 11:37 PM (GMT -6)   
Melaine  I feel for you
because     those who are in  need os SSDI ,   are being even more hurt "by the strewss & emtional ware, fighitng for whats  ruightfully theirs"....
Sue SSDI ?
I am new to this,,, off on 2 nd stint of injury leave, and applying for EI & workmans comp
but my employer ahs to send me  forms to fill in
I'mmmmmmmmmmmmmmmmmm  waiting
this is not a game
people are in pain all over this nation
We cry out together to the Lord Melaine...
and agree togehter    Makw a way wher there seems to be no way."
- tired but in pain
so thus here am I
They that wait upon the Lord shall renew their Strength, they shall mount up on wings as eagles, they shall run & not grow weary, they shall walk & not faint..."  Ish   40 v. 31
Sjrogrens Syndrome, Asthema, Chronic Fatigue, Chronic Pain, Head aches, Migraines, Gastro Intestinal ProblesmFibro Myalgia ,Kidney Stones Esophegial Spasms,( L4 & L5 Vertebrae Misaligned,  Spinal Stenosis and Degenerative Disc Disease , Bulging Disc, anterolisthesis L4 L5 , caused by osteoarthristis ,  slipped Disc,  bone spurs, causing pinching or pressure  on spinal chord...), ~
Meds:*** NEW  Endocet,(oxycodone HCL) , Lorazepam   1 mg Cyclobenziprine, Amitripline, Celebrex 200 mg , and Robaxacet as needed Tynelo Arthritus as needed ,  vitamins  B complex, Calcium & Magnisium,  extra  Vitamin D ,  Rhodiola RX (GNC brand) ,Garlic,  Acidophilous, 


Elite Member

Date Joined Jan 2005
Total Posts : 24909
   Posted 11/24/2007 4:43 PM (GMT -6)   
HI Mel
I am in Ontario but I wanted to respond to this .......I do know our laws and disability guidelines are different ...........
Here we are given a package of papers that we the patient fill out about how our DD affects us and what we can / cannot do .......pain level ect .......
Our doc's are also given a paper to do on us as well ..........I saw all that Doc had written
Then we see a lawyer and explain the whole DD and its effect on our lives
We are still put thru the wringer for sure and the wait for me was 5 yrs
We are also provided with a lawyer to go to the hearing and represent us ..free of charge
I was denied 3 times before hearing and then denied again
It was appealed.........and I got another hearing ...........

I too am 53 spent all my working years Nursing...I could no longer work due to breakouts of the sores in places ppl could see and for sure did not want " that Nurse" looking after their loved ones ...Understandable but hurtful as well
I never had to leave the room for him to " think " over anything .......
I was granted my disability right there and then .......I stood up shook his hand and then I was told "I should have been granted first time around "and the SYSTEM had failed me
In February of same yr I was paid over 10,000 dollars in back pay for the wait and given monthly cheques
I know I am rambling but this frustrates the Hades out of me whether its here or where you are from.......
They act like it is their money they are shelling out .........
We pay taxes.......we pay UIC or EI ......WC ect.......
I just get so bleeding Ticked off when I read of the injustice that continues to go on and on ...........

I DO wish you all the best in your fight and yes fight IMHO.........
Please know that we are here and no matter the country it seems to be the norm to have to fight for your disabilty benefits
BTW..thanks for letting me vent.......plz kep us posted .........Take care .......LYN
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Regular Member

Date Joined Jan 2008
Total Posts : 32
   Posted 1/12/2008 10:31 PM (GMT -6)   


  It will go to the ALJ 99.9% of the time. If it does not go to the ALJ usually the lawyer does not get paid his full share cause it was awarded to you. In other words he didn't have to represent you in court. If you get a lawyer you can bet it will go to the end (ALJ).

It is the good ole' boy system at its best. Mine went to the ALJ. My lawyer hardly even spoke except for discussing his golf game. The ALJ said mine shouldn't have made it to him I should have been awarded disability no later than the second appeal. When I asked =why it did he said "All of us here have to look out for one another".   

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