Disability question? Help!

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kat10
Regular Member


Date Joined Aug 2010
Total Posts : 112
   Posted 12/21/2010 12:47 AM (GMT -6)   
Hi All, I just applyed for disability over a couple of months ago and they sent me a letter saying I was rejected due to be not being disabled enough. HWHo are they to say what I am capable of doing on a daily bassis. I have Lupus, Fibro, and seizures, cannot drive anymore and rarely hold a normal conversation with anyone, hence my memory is so bad and have a hard time forming words and putting then into sentences. yeah some days are bettter than others but not by much. I am appealing and I dont know if I should get a laywer or try on my own? any suggestions? They tell me I could work part time, when I can barley get out of bed in the morning, due to the stiffness and pain. Has anyone gone through this and offer some advice, it would be greatly appreciated? I am lost!!! Help!

Kat10 smhair

Lynnwood
Forum Moderator


Date Joined May 2005
Total Posts : 7720
   Posted 12/21/2010 10:18 AM (GMT -6)   
The first thing to do is to talk with your doctors. They must agree that you cannot work -- they are the ones with the biggest input as to whether or not you are disabled. Without them on your side it's almost impossible to get disability.

Then, if you are able, find a disability attorney. These guys talk with the SSA people on a daily basis and know all the ins and outs of what to do and when to do it in order to get the best result. I found using an attorney greatly reduced my stress!!!

If you live with anyone who can attest to the morning pain & stiffness that would also be helpful.

Best wishes,
Lynnwood, Lupus & Sjogren's Moderator
"Life is far too important to be taken seriously" - Oscar Wilde

Bsime
Veteran Member


Date Joined Apr 2006
Total Posts : 1342
   Posted 12/21/2010 11:28 AM (GMT -6)   
Kat,
 
Lynnwood gave good advice.
 
SSDI is a process of denial and 2/3s of the first applications get turned down.  The rate is even higher on the 2nd application but on the 3rd, 2/3s get approved.  I was turned down even though I was quadriplegic at the time with little hope of walking again.   Same thing 2nd time but then I got an attorney and got approved, with an apology from the administrative law judge, for not approving the first time.  Make sure you use an attorney who specializes in SSDI.
 
Frustrating but it is worth trying.  As I recall, you have 60 days to appeal otherwise you start all over again.
 
Hang in there and try again with an attorney.
 
Bill
 
 

kat10
Regular Member


Date Joined Aug 2010
Total Posts : 112
   Posted 12/21/2010 4:04 PM (GMT -6)   
Thanks you guys for the advice, I will do that, I guess I need to make a couple of calls. Yeah I am thinking an attorney might be a good idea thanks Lynnwood!

Bill,l Wow I cant believe they denied you at all. I am glad you got it and got an apology with it, they owed you that. Yeah they told me I had 60 days to appeal so I am keeping on top of it. I would just like to know who makes these decisions? how dose anyone know what you are going through and/or have the right to say you are not disabled, let them be you for a day and see what its like no one would choose this for themselves. Sorry about the rant, its just so upsetting to see that they treat people like that.
Good luck to you guys
God bless
Kat10

Bsime
Veteran Member


Date Joined Apr 2006
Total Posts : 1342
   Posted 12/21/2010 4:57 PM (GMT -6)   
On the first 2 applications it goes to a state appointed adjudicator and is reviewed by state appointed doctors (Moe, Larry and Curly).  There are standards but even though I was a quad in a rehab hospital they said everything will be OK.  A month later they told me I could start a new career....at 64!  Something I had never done.  How ridiculous.  I finally got it and all the back pay owed.  Of course, I am now well past 65 and on regular SS so it doesn't matter but we really needed that money at the time and I never would have been able to  work full time.  Instead I was able to work full time on my recovery and have made a remarkable one but still would be difficult for me to work a full time job for many reasons.
 
Don't take it personally that is just the way the system works.  It is one of denial not approval so you have to hang in there or get an attorney to help you.  Your attorney would review and control everything that goes to SS.  Any verbiage that even hints of recovery will be used for denial.  Docs are well intended but often are the cause of the denials is what my attorney told me. 
 
Good luck and go get it.
 
Bill

kat10
Regular Member


Date Joined Aug 2010
Total Posts : 112
   Posted 12/22/2010 2:29 PM (GMT -6)   
LoL! ( mo ,Larry ,Curly) yeah that about sums it up, you are too funny. I am glad it all worked out for you in the end that is good to hear. I understand about needing the money now, if it was not for my family I would be on the street, I cant work and or pay for a home or the care of one and as you know the prescriptions alone will cause you to go broke insurance and/or no insurance, its difficult but God willing I wont give up!( I was going too) You have inspired me and gave me hope when I thought there was none, Thank you. God bless you and your family! be well!

Happy Holidays!!!!!!


Kat

sonyalee
Regular Member


Date Joined Sep 2010
Total Posts : 51
   Posted 12/23/2010 12:23 AM (GMT -6)   
I have a neighbor with lupus also and she had lost all of her fingers and toes, had kidney prblems and heart problems and she was denied twice and had to get an attourney so dont' give up. i think that's the way they do it most times is to just deny. she didn't have any problems once she got her attourney. I wish you lots of luck. God Bless.
SLE, Discoid lupus, acute cutaneous, acute vasculitis and sjogrens

Prednisone, ultram, mobic, cellcept, plaquinel and ambien.

kat10
Regular Member


Date Joined Aug 2010
Total Posts : 112
   Posted 12/23/2010 5:23 PM (GMT -6)   
Thank You Sonyalee, and I am sorry to hear about your friend but I am glad it finally worked out for her. I hope she is doing well.
Thanks again for the advice. I am glad I posted my concerns because with this all being new to me, I have had no idea what to expect or go about doing it.
Hope you are feeling well too! Happy Holidays! to you and your family and God Bless you too!

Kat :)

kookla34
Regular Member


Date Joined Feb 2010
Total Posts : 31
   Posted 12/26/2010 9:02 AM (GMT -6)   
Hey there..

I live in Utah and I would think all disability attorneys are the same. They dont take your case unless they believe they can win. The attorney is "free".. However if you when there is a portion of your back pay that the attorney will be paid from. And my personal opinon is its worth it totally. My attorney deserved to be paid more than he got. I was turned down twice also. It was so so nice to have my attorny dealing with all the paperwork for me. I would have easily without question, no doubt about it given up on the whole thing if I hadnt had an attorney. I have a rhematologist who has been with me from the beginning of my Lupus diagnoses ad been there thru all my hospital stays and breakdowns and this illness actually tore apart my marriage and I lost my job. So ultimatly my Dr was on my side. On my side so much that he wrote a personal letter to my attorney about my medical history and stated that he fully believed I should be on disability. I think that letter had a HUGE impact on me being approved for disability. For sure.

My recommendation is to hire an attorney!
Steph

Diagnosed SLE since 1995, Lupus anticoagulant, Class 4 Kidney disease, depression, seizures & a stroke.

Bsime
Veteran Member


Date Joined Apr 2006
Total Posts : 1342
   Posted 12/26/2010 9:57 AM (GMT -6)   
They take it on contingency and won't do that unless they feel the case can be won.  By law they are limited to 25% of your retroactive pay up to a max of $5300.
 
Bill

kat10
Regular Member


Date Joined Aug 2010
Total Posts : 112
   Posted 12/26/2010 10:50 PM (GMT -6)   
Thanks Steph and Bill, I was worried about the $ part, seeing how I am not working. Steph I can relate, My husband and I split in april ( due to my Illness ) he just could not handle it, I guess some people cant. we are still married due to me needing health insurance, he was kind enough to not divorce me untill I could get insurance of my own or state aid which I have not been able to do either. I moved back home with my parents, sad to say at 41 years old, but I am glad I am here, my Mum is battling bone cancer, so I am doing everything I can to help ( which sometimes dose not feel like too much when I have a flare) We now call it the sick house, My poor Dad has to be our chaufer and drive us to all our appointments, he cant catch a break. Sorry got of track. That was my worry, I was hoping an attorney would not take the case if he was not certain he could win it because I dont have a penny to my name, and I would not be able to pay him. Hope Michigan dis attorneys are the same as Utah!

Thanks again you guys you have been a big help!

God bless
kat

kat10
Regular Member


Date Joined Aug 2010
Total Posts : 112
   Posted 12/29/2010 7:37 AM (GMT -6)   
Well I got my laywer, I am keeping my fingers crossed.

Kat
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