How to Get Your Social Security Disability Approved Fast
94How to get Social Security Disability
Want to know how to get Social Security Disability? Note: If you're trying to scam the government and get Social Security disability with a false claim of an injury, illness, or condition, read no further. This article is to help people who are legitimately unable to work a full time job because of a physical, emotional, or mental condition.
You’ve probably heard all the horror stories about how hard it is to get approved for Social Security Disability, also known as SSDI. Many people who claim to have extremely debilitating illnesses and conditions might take years to get approved, and some never get approved. Some have to resort to hiring a disability lawyer to finally get their social security disability income, and of course, they have to share their award with their attorney.
On the other hand, you hear cases in which people claiming dubious illnesses breeze right through the process and get their claims approved quickly - some of which should never even be approved at all.
I was lucky to get my social security disability case approved, and it was approved very quickly. Some people, however, aren't so fortunate. I read everything I could get my hands on about the process, and I talked to numerous people who had gone through it. I learned what to do and what to avoid doing, and I'm sharing it with you here.
The problem is that to the Social Security Administration, you’re just a number. These employees are overworked, underpaid, and deal with all sorts of job-related stress. I’m not trying to sound callous, but it’s a fact. These workers deal with thousands of cases every week. Some applicants have legitimate cases, and some don’t. You have to convince Social Security that you honestly cannot work any longer.
How do you do this? First of all, make sure everything is documented – all the medications you’ve been taking, all your doctor visits, all your trips to the emergency room, all your visits to the chiropractor, all your visits to the massage therapist, all your visits to any sort of counseling, and all your visits to rehab or physical therapy. When any of these health care professionals assess your condition, ask for it in writing. Get copies of everything and keep them all together, in a safe place.
It’s also important to find a doctor who believes in you. If you have a condition like fibromyalgia, for example, you can’t prove it with a blood test, an x-ray, or an MRI. Social Security disability does award payment for such conditions, but they’re harder to prove. It’s easier to prove if you’ve been seeing a doctor who specializes in your condition.
When you go to a doctor’s appointment, ask the doctor to document any findings he makes. He might say your condition is debilitating, but if it’s not written down, it’s like it was never uttered. Many doctors will also write a letter or a narrative for Social Security explaining why you can no longer work a regular job. You will probably have to pay extra for this, but it’s definitely worth the price.
Social Security disability has “listing level impairments” that they go by. Supposedly, if you have one of these and can prove it, you’re automatically approved. But you don’t have to have one of these conditions or illnesses to get approved for Social Security disability. You might have a combination of lesser impairments that will get you approved. That’s why it’s so important to list, document, and keep up with all your physical, mental, and emotional conditions.
I had terrible pain, tingling, and numbness in my neck that ran down my left arm. I had the same thing in my lower back than ran down my right leg. After I had an MRI of my neck, it showed bulging discs, but the radiologist reading the report said they were very mild. I knew this would not help me get SSDI. I requested the discs from the MRI and took them to a doctor who specializes in back problems, and he went over the MRI with me, frame by frame. He pointed out all the nerve damage shown. When I asked him why the radiologist had said the problem was not severe, he explained that many radiologists are not experts in nerve damage or in back problems. That’s why you have to be proactive!
If you really are disabled and one doctor says differently, get a second opinion. I actually got several, and all the rest agreed with me and disagreed with that first radiologist. Don’t give up! As it turned out, I probably wouldn’t have needed those other opinions, anyway. When I had the MRI of my lower back, there was no disputing the damage there. And I also discovered I had severe carpal tunnel in both hands and no cartilage in my right knee. As a result of my CTS, I have to get my daughter to do almost all of my typing for me.
I think one reason my SSDI was approved so quickly was that I was honest on my questionnaire. I told them I didn’t have terrible pain every day, but I had it often enough to prevent me from working a full time job. There are probably days now that I could work for a few hours, but there’s no way I could work eight hours a day, five days a week. And Social Security is all or nothing – if you can work, but the amount of hours you’re able to work is less than forty a week, they consider you disabled.
Here's a catch, however: to get approved for SSDI, you have to be deemed unable to work any job - not just the job you've had in the past. In other words, if you have a job that requires heavy lifting, and you can't perform those duties any longer, Social Security will decide whether or not you have the skills necessary to work a desk job. If you do, you won't be approved for SSDI.
In my quest to get approved for Social Security Disability, I also wrote them a letter explaining how much I loved my job. I’d had the same job as a teacher for almost 20 years. I explained that if I could continue to work, I would. I didn’t just wake up one day and decide that I didn’t want to work any longer. I also had a letter from my former principal. He explained how much I enjoyed teaching and how many awards I had earned. I think that served as evidence that I was a dedicated employee who really did like her job.
My age also helped me. If you’re 50 or over, SSDI is easier to get. If you’re over 60, it’s even easier to get. Generally speaking, the younger you are, the harder it is to get approved for Social Security Disability.
If you truly are not able to work any longer, do everything you can to make your case stronger. Even things that you don’t consider important can help your case. These might include letters from friends, employers, co-workers, and family members. I also kept a daily journal that described my symptoms on that specific day.
Once you get approved for SSDI, you'll get a big check that includes back payments. After that, you'll get a monthly check on a specified day. I chose to have mine directly deposited into my bank account so that I don't have to depend on the postal service. I've never had a late payment - I know that money will be there on the fourth Wednesday of every month.
Social Security Appeal
With SSDI, there are several levels of appeals. Almost everyone gets turned down on the initial application, and many are refused the second time. If you're turned down, go through with the Social Security appeal process. If you continue to get turned down after several appeals, that’s when you need to hire a disability lawyer. Just make sure you hire a disability attorney who specializes in Social Security Disability claims. These attorneys are experts, and they know how to deal with the agency. If you've done all you can do, seek expert legal help. The disability lawyer will get a chunk of your award, but that's sure better than ending up with nothing. Don't let the Social Security appeal process discourage you!
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Great advice about the hoops to jump through to get Social Security Disability from someone who has "been there." (I hope you're doing much better with your neck pain.). Especially valuable to anyone applying for SSDI is your advice to document everything to validate your claim (e.g., medications, doctor visits, trips to the emergency room and rehab or physical therapy). Thanks for sharing your first-hand experience so others can benefit.
Thanks for reading, pals! I hope this hub helps people who can no longer work.
I am appealing a decision made by Social Security but the problem I'm having is that they keep losing my documentation. I am getting ready to submit papers for the third time. I'm on my fourth caseworker.
Would you have a recommendation on how to "help" Social Security keep track of their paperwork? Apparently having the name of the caseworker does no good because they keep telling me they Have never seen the paperwork when I handed it to the caseworker in person.
Do you know of any methods to use to prove I did my part?
Thanks.
Fax the copies to them and save the fax receipt. You'll have proof that you faxed it and when it was faxed. You can also send it registered mail. Then the person who received it will have to sign for it. Good luck!
You are right on getting numberous opinions on this one. I have 6 specialists that agree that my fibromyalgia was the result of multiple service connected injuries. With that being said, I'd like to leave you my story. And thanks for your contribution with regard to this topic.
I was diagnosed after years of bodily injuries from military training.
I'm 1 in 10 men out of every woman that have been diagnosed with fibromyalgia. I'm a rarity since this is not common in men. I was diagnosed about 2 months ago after experiencing all tendor points since 2004. I could never figure out why my body began to hurt everyday, every joint for without reason. This was so frustrating. If it wasn't for my own research through the years and medical self-advocating to rule out everything from Parkinsons, lupus, cancer, MS, immune, nervous, etc., any less of a person may have just given up where the depression left them in worse shape. Fortunately I was to persistent for that.
My fibro came about per "doc's" characterizations of fibro secondary to military injuries while serving 22 years in two branches of service. I like to refer to this as massive internal damage that has cooked my pain receptors and rerouted super sensitivity back to my brain. Regardless my CNS with regard to pain tolerance is toast.
In my case, any form of anti-depressant for pain drug really messes up my head. I can't take them. So instead, I boost brain chems through daily walking. This helps alot. However, when I quite moving... Let the pain train begin.
I'm on a pain management program that does not include anti-depressants. In my opinion, those with previous neck injuries, or whole body injuries... Don't bank on anti-depressants wholly. If you feel crummy using them, get off of them! Find something else!
I've tried about everything the doc's recommended to include every specialist in the book, natural cures, etc., I call "poppycock" for those that had an amazing cure benefit... Most likely they experienced an acute characteristic fibro experience that was not pure fibro! True fibromyalgia is very difficult to diagnos.
I have to admit a rheumatologist-immune specialist is the closest to determining whether you have it or not and hold medical opinion weight over all other doc specialists, especially a primary physician.
The best thing one can do is take up a walking program, stretching, swimming, light weight reps to isolate and work indirectly around heavy pain trigger point(s) which vary in intensity on any one day. Oh yah, don't forget nutrition, but I won't go into this. This is my specialty to include exercise and pain management.
If you get a chance I'd appreciate you visiting my profile and a follow if you like my topics. I'm now following you. I think we have some similar interests.
You are correct, there is no cure, there is no known "exact" cause. Although science is working to fund studies around, previous injuries patients, depression, immune, IBS & most likely a whole aray of cause/origin possibilities.
I think those that try to profit off this selling snake oil should be ashammed of themselves. Because those that say their fibro diagnosed... And magically it disappears after using supplements, natural cures, etc., I'm highly skeptical of their intentions and for that matter... Who diagnosed them with Fibro? A primary physician. If so, that does not hold a whole lot of weight because any doc can state in the medical transcripts (characteristic of fibromyalgia... or like).
Remember as Hobee made a similar statement, if applying for SSDI have all your doc's concur they are in agreeance on this diagnosis. This makes your case much stronger.
Nice to meet you, Woodie! Sorry for all the pain you're experiencing, and thanks for sharing your story. I'll go check out your hubs now!
Been there, done that!
I was recently denied on my SSDI claim and need to have a hearing.
If anyway possible can this be expedited ASAP where I’m now homeless ,living in my car and uninsured .
4 yrs ago I had a beautiful home “my 3rd one”, a Jaguar, truck, 2 Jensen’s, Boat all paid for. I had 60k in the bank and a great job.
I have always worked and done what’s right.
Now 4yrs after I was forced to stop working do to pain from removing my pelvis I have nothing.
My whole life has been erased and I can’t even support my 8 yr old daughter who is my only concern at this point.
I’m depressed all the time and have been seriously considering survivor benefits to secure her future.
If a soldier throws himself on a bomb saving his fellows in arms it is considered a selfless and courageous act.
The same is for a father who’s only resort to secure his child to me is of equal stature.
I’ve had all I can take and nothing else to lose or give.
It seems that those who never do the right thing and never own anything have no problem getting some shrink to say they are Bipolar or manic depressive when reality is the drug addicts and drunks are still getting in while those who try there whole life to do right lose there life’s. It’s sad and wrong
Sincerely Steven M Sargent 014-60-5091
Hi, Sjones. Thanks for reading!
Steve, I'm so sorry to learn of your predicament. Don't give up! If you're turned down at this appeal, file another. If you need a lawyer, get one. You won't have to pay unless you win. Best of luck and God bless.
I just want to thank you so much for the information you provided. I am awaiting a decision on my reconsideration (1st one) and have been trying to prepare myself for another denial. I am 28 years old and I have 2 little boys ages 7 and 2. I am Bi-Polar w/anxiety and I've recently been diagnosed with Fibromyalgia and Cervial Dystonia. Both of those things mean that I am in pain everyday. I might have a couple hours a day where I feel a little better but, never a day that I don't hurt somewhere. Up to this point I have not kept record of anything. I see now that is a mistake. Starting today I am going to write everything down. I am going to request my records from every doctor, every emergency room, urgent care, ever psychiatric hospital, behavioral health agency, pharmacy, everything that has to do with my medical history. I understand now how important it is if I want to be approved for benefits for myself and my children. So thank you again for opening my eyes and giving me some hope.
I am so glad my article helped! Make sure you have records of your meds, too, and how they affect you. Do they make you dizzy, sleepy, nauseous, etc. I just said a prayer for you!
My brother is on ssdi and has to live with me as his monthly salary is a whopping $920
It's crazy, Firead! Guess it's better than nothing, though...
I'm about to begin this process, so this article of yours is very helpful, will probably save me hours and hours of time by keeping records immediately. So thanks! Got your comment about the challah bread recipe - glad your friend liked it. It truly is my very favorite.
Hope the tips help, Sheila! Best of luck!
Bogey, sorry about your dilemma. Get a good social security lawyer or disability attorney to help!
Hired a Social Security attorney. He was a former Social Security Judge. He seems confident but no attorney can guarantee any case. My aggravation is July will be three years and my condition today is far worse than when I applied. It's make me sad when I hear of the thousands of Americans who suffer because its the way the system is. I'm pround to be an American and thankful to live he, I just feel betrayed by our government. Well thanks for your response, the only thing I can do is fight. They denied because they determined I'm young enough to do something else and my dying hip and femur has not collapsed so after having multi level anterior and posterior spinal fusion five weeks ago I have Nothing but time.
Bogey, I feel confident you'll get approved, and then you'll get a big check! I'll say a prayer! Let me know the outcome.
Thanks for your possitive encouragement and prayer. I could use all the help I can get at this point. I just wish I knew about Social Security not being a friend when I began this. Thank you.
I said a prayer, Bogey! Best of luck to you, my friend!
Well I received my SSD hearing date. It was for June 9 th, however as soon as I wrote down the date my attorney called me to inform me the judge has postponed my case until August 19, and there is nothing I can do. Unbelievable. Now three more months of hell.
Oh, Bogey, I'm so sorry! Wishing you good luck!
Just wanted to give you a laugh concerning our social security and it's system of not approving cases. My attorney finally received their file on me. In the file it states my case was approved, than sent to Atlanta and denied by a doctor who has never even seen me. In addition, I have a spinal condition and the doctor social security sent me to is a Pediatrics doctor. I reviewed her report and she put down at least 10-12, test results concerning her examination of me that never took place. I was two months post hip surgery non weight bearing with a walker and she claims she conducted tests that would have snapped my femur and hip. I can't believe that the doctor would lie and she has no education when it comes to spinal injuries she deals with children, I'm 43. It gets more unreal every day. Now I see why so many people are against the government running our medical system. I have to say I was for it but now I'm not to sure I want some paper pusher telling my Neurologist what is best for me from five states away. Scary!
Bogey, thanks for sharing this with me! I'm really not surprised. It sure makes a case against government-run health care, huh??
It is scary. Here were faced with medical benifits for all but at what price. For the past year I have over heard several of my doctors bad mouthing government run medical programs. I'm now understandind why now. Why is something so good for so many so difficult to pass. Canada and Spain have government run medical programs that we should model. Medication that we pay hundreds of dollars they get for five dollars and it's the same medication that CVS sells. We are a the worlds super power, it's time to act like one. If our founding fathers were here today they would slap every democrat and republican, than remind them they are Americans first. Oh well, that's my opinion for the day. God bless America and everyone who fights for our freedoms.
You are so right, Bogey! I'm sick of the bickering and partisanship!
Not sure what state your from but in Florida our Govenor just left the Republican party and became an independent. He got sick I going along with issues because it was what his party wanted. Way to go Charlie Crist!!!
I'm in GA, so I'm keeping up with Charlie!
Is it peach season. I had GA. Peaches in the 1990's, and since then I can't eat parches in our stores in Miami. They taste like wax after eating a GA. peach. If it is, enjoy some for me.
Bogey, the peaches aren't ready yet, but when they are, I'll remember you when the sweet juice runs down my chin! lol
Received a copy of my Neuologist's sworn statement. He slammed both doctors from social security and gave step by step detailed explanations of my condition and why I'm disabled using their definition. He also explained that my condition is not going to improve it's only getting worse. He backed it up with 23 years of experience and medical reports, mri's, x-rays, cat scans and several spinal procedures conducted over the past 2 1/2 years. Finally an honest doctor on my side. He even commented how can a doctor evaluate someone without seeing him. Maybe my judge will feel the same. We will see, August 19, is my new hearing date.
Bogey, that's wonderful! I've been thinking about you! Let me know!
Excellent info. Thanks for explaining this. Hope you get some rest!
Thanks, Silver. I am!
It's me again. I was reviewing your case and our conditions are so similar. I have a condition in my neck known as thorasic outlet syndrom. It causes my left arm to go numb. I had to have surgery on my lumbar at three levels and I suffer from avascular nrecrosis in my left hip which also required surgery and will require at least two to three more surgeries depending on how long I live. In addition, because of my conditions I have worn all the cartilage in my left knee. I have had six injections in that knee and will begin a new series next month. I had seven epidulal steroid injections in a hospital. Not to metion months of physical therapy. Also I was one month shy of twenty years working as a police sergeant. I was also approved, than my case was sent to Ga than denied. I know it's because my age. I was 41 years old when this started, I have any army of doctors who all agreed that I'm totally and permantly disabled and the police department required real doctors to approve me and they did for medical reasons but social security denies hoping you will give up. Three years will pass before my hearing date. I have and had files of medical documantation plus the same job for my entire adult life. But if your under 50, they don't care. I have two orthopaedic doctors, two pain management doctors one neurologist and two spinal surgeons. It really does not matter how much proof you have if your under 50 and live in Florida and worked prior to being injured. I hate to say it, but your better off doing nothing your entire adult life. Today I would have less than two years to full retirement from our state retirement plan. What fool would walk away with full benifits for life if they weren't really injured. Almost for got, I also have a file of MRI reports, cat scans and letters from all my doctors. So If your under 50 get an attorney and be ready to fight for a long time. I'm lucky I receive LTD and a portion of my retirement under our medical disablity act otherwise I would be living on the street. God bless America and everyone who fights for us.
Bogey, that's messed up! I'm still hoping and praying for a favorable outcome for you. Remember to let me know!
From my research only 7 percent get approved at the first level and 14 percent at the reconsideration level. Another 50 percent make it at the appeal level. So 71 percent get approved, it's just a shame that the vast majority go through hell to get what the need. Assistance form our government. Also many of the documents from your doctors and hospitals cost you money to get copies of. Social security will not get all your records because of this extra cost to them so their file is incomplete. I only now know this because I'm getting ready for my hearing and have seen their half ass file and found out that they cut corners to save mone at your
I cut myself off. But my point is if you send them copies at your cost they claim they didn't receive it and if you can't afford the hundreds of dollars to get your records don't count on social security to pay for them. My best advise is do not trust them. The only time you get a fair chace is at your hearing. Good luck.
I'm thinking I may have my Patrick try disability rather than handicapped land....great info, Spanky!
Bogey, so true! You definitely have to look out for your own interests.
Thanks, Bucky!
Just wanted to let you know people read hubpages to take advatage of people like us. I received an e-mail from a woman who was more interested in a relationship than my intentions. Fighting social security. Let all your readers know that some people are reading web sites like this, looking for easy pray or people in a position to coming into money. I may be disabled but I still have common sense. When a woman writes me and starts off telling me she is single, never been married and has no children a big red flag should pop up. I just wrote her back and explained, I'm only looking for advise to fight social security not a relationship. I also explained I'm disabled and I have a wife and children. She never wrote me again. So to all beware. People will try to take advatage of anyone.
Bogey, I hadn't thought of that! Good tip!
Does anyone know if a sworn statement taken by your attorney at you doctor's office is better than having your doctor fill out a functional risidual capability form. My attorney had my doctor give a sworn disposition going over my file while explaining why my condition makes me diabled in addition to, blasting the doctor who never saw me giving a medical opinion of my condition even stating I was going to improve. About a year later I had a second surgery. My doctor went over my codition detail by detail and had exam notes, MRI reports, CAT Scans and several other procedures to support his expert medical diagnosis. By the way he is a Nuroligist board certified since 1983. According to the statement I met the social security's own definition under 1.03 and 1.04 dealing with major weight bearing joints and spinal injuries. Yet they stll make you go through this. It's no wonder people walk into court houses and shoot everyone in site. I totally diagree with that but I understand why now. They make you beg, suffer and just when your about to have your case heard it's postponed. Funny my case was postponed the first week of summer. I guess vacation with the kids is more important than hear disabled people beg for benifits. Now I can add anger and depression to my list of issues. Well that's my comment for today. It's amazing that it has been over three years to probably get screwed again because the more I read about social security the more I learn that they don't care if you disabled they only care about you age and how to get rid of your case. My grandfather died waiting for social security in 1976, nothing has changed.
Bogey, I hate that they're giving you the run around. Is your hearing still in August??
For now. August 19. It's just amazing the judge can decide to go on vacation and your case can be delayed an extra three months. I understand the judge is untitled to some time off but my case should have been the first case up when the judge returns. Not here, you go to the end of the case list and there is nothing you can do. Just like my entire file, I'm approved at the first level than some one reviews my file and I'm not only denied but put into a higher level of ability. Diabled from doing sedentary work, than someone who has never seen me says my condition will most likely improve and he denies me. On top of that he said I can do light level work performing all postural functions. He disagreed with their own doctor and mine based on his opinion. Wow! I don't think their doctor even look a medical evidence, they just feel they are gods and we are at their mercy. The sad thing is it's true. My only hope it the judge in my case believing my doctors reports and statements along with all the piles of medical evidence. If this was a homicide case the evidence would convict instantly. Oh well, wish me luck I'm going to need it. Even though I have a good attornery a great team of doctors who all specialize in their fields and have completly shot down the social security doctor's evaluation with documentation, evaluations and surgeries. If the judge is fair I should be ok. Wish me luck, lord know I need some.
Oh, Bogey, I'm wishing you luck and saying prayers! Let me know!
I just got approved for social security, im 28 and i have MS. i was wondering how much i would be getting for backpay from 2-1-09 to now.... or what my amount will be each month, and does my 3yr old son get a check too? im new to this and know nothing.... thanks guys!
Your son should get a check. Your monthly check depends on how much you paid in. You will get back pay for the months since you were determined disabled, except for the first 5. Good luck!
If snowflake4ya has an attorney they can break down her payments based on her previous yearly statements. The statement they send out every year, usuall in July. I'm glad someone got what they deserve.
Bogey, thanks for the info for snowflake!
Snowflake4ya is lucky, not being sick buy getting approved so young. Social Security doesn't like to approve anyone under 50. I advise her to keep seeing her doctors at least thre times a year and keep a file of everything. I'm sure Social Security is going to constantly review her for a long time. My father in law lost his leg and had his arm fused for life plus he had Huntingtons disease. Every other year we had to prove he was still disabled. Finally I got angry with Social Security and wrote them a letter explaining humans arms and legs don't grow back and his mental disease eventually killed him. So I'm happy for snow flakes victory, don't stop keeping ALL your records. By a safe, make copies protect yourself. My LTD questions me every three months for records. Best wishes.
Great information habee. I am sure this will help a lot of people.
Well my luck might be getting better. I told you in the beginning that my attorney was a social security judge for three years before going into practice for himself. His partner, the attorney who took all the sworn statements from my nuroligist was just appointed to social security judge. Maybe my hearing judge will give my attorney now judge's opinions more weight. The law group I choose only handles social security cases and they have a reputation of only taking honest cases. It's known that they turn many cases down because they feel the people are not being honest or are acting more than they are really injured. Well, wish me luck. About one more month until my hearing.
Found out today my hearing judge requested a medical expert for my hearing. I guess my doctors sworn statements aren't good enough. Did some research on my judge, she has a history of deniles. I found a list and nation wide she is ranked as one of the lowest approval judges. My attorney told me not to worry, but being a retired police officer I've seen to many victims lose cases because of judges not allowing evidence into play. We all remember the OJ case. The judge that handled that case is the reason a killer went free, no matter how much the LAPD messed up. Judges have access to records that juror can't see, they know when someone is lying or not. There is something wrong when some judges approve 98 percent of their cases and others approve 16 percent. The more research I do the sicker I feel. I would have a better chance getting government help if I floated onto a beach in Florida or Miami and started speaking Spanish and said I'm Cuban. I would get a chech and a food stamp card, instantly. I live in Miami and see it first hand. People come here, never work one day and they receive more money and benifits than people who worked 30 years. What a country. It's true. My mother is 72, worked until being diognosed with cancer at 62, her social security is less than her neighbor who never worked one day in this country plus her friend gets $200.00, in a food stamp card. What's wrong with this picture. I worked my whole life, get injured, suffer for three years, have files of medical proof and my country tells me to bad. Suck it up, take you replaced hip, fused spine with rods and screws along with all your medication and go back to work. Never mind that no doctor in the world will ever release me to work and my last job required me to carry a gun. Go do something else. Even though I can't physically, my wonderful government does not care. You will fight for every penny, even though you paid FICA your entire life. Once again, I understand why people go crazy. I consider myself normal, next month maybe different. No wonder so many groups are anti government. To think I spent my entie adult defending the
Thanks for reading, Granny!
Gosh, Bogey, I really hate that you're getting the runaround. I hope and pray this is all resolved for you next month! Hang in there!
You know what really gets me. You can meet social security's own definition under step three of their five step process and you should get approved. It's their own blue book. I meet two of their own definitions and have medical support but they still put you through hell. It makes you sick. They have a five step process, you can meet four of them but they have that fith one just to screw with you. That's the step that says you can do any type of work they choose, even if you have no skills in that area.
Bogey, I don't understand that, either. What the heck are the listing impairments for??
It seems they use it when they want to and why they don't or if your young they go to step 5. If you can do any type of work in your area or the nation than your not disabled. So if the President breaks his back and cannot work as the President, social security can put him as a toll booth operator. That's why they have step 5. To turn as many people down and it's their policy. That's why being over 50 helps. Less stupid options for them.
I agree, Bogey - it's a crazy system!
I saw an Internet site that said our congress wants these rules to prevent people who don't deserve social security benifits from getting them. It seems once again those jerks on capital hill have only managed to prevent the people who need and deserve social security benifits from getting help. I wrote the congress man for my district and asked him one question. Why did two private disability programs find me permanantly abs totally disabled in about three to six weeks yet social security, having the same medical records is still making me wait after three years. We all know it's a federal program but the first two stages are run by your state. We know they don't read the files or request any extra records, your file sits in a room full of files than every few months the grab a stack and deni the vast majorty and give a small percentage help. From three to six weeks private, over three years and counting our government. Something is broken.
No kidding - our government has been broken for a long time. Look at it this way: once you get approved, you'll get a huge first check!
I hope your correct.
I hope so, too, Bogey!
I go to my hearing in two days. What stress, my family and my life is in the hands of some judge who could probably care less about me and just want to get my case out of her court room. I hope not. All I want is a fair hearing and hope the judge reads my file. If she reads my file I have a good chance. It's not like I'm making up my hip surgery and lumbar fusion or the 15 injections in my back and knee not to mention months of physical therapy. Almost forgot the 4 Botox injections in my nect for my herniations in my neck. Well Thursday is my big day. God bless America.
PLEASE let me know how it goes! I'll say another prayer!
I WON!!! The hearing Judge made a bench ruling after their medical expert said I meet three different disability ratings based on his review of my file. The hearing lasted about 15 to 20 mins. Three years two months and seven days. At least my judge was fair and she read my file. Being honest, having good doctors and an attorney also helped. Thank god it's over. Thanks for your support and to everyone get a social security attorney and be honest. I saw alot of people today who didn't look at all disabled. That's way the real disabled people suffer. Best of luck to all. I will continue to write.
Bogey, I've been thinking about you ALL DAY!! I'm so happy for you!! Thanks for letting me know. YAYYYYYYY!!!!
Thank you for your support. I learned alot yesterday. I think a big problem is so many people are not honest or they try to make their condition look worse than it is. At least that's what I noticed in Miami, Florida. I saw peolpe using wheel chairs inside the building but they walked perfect when they left. I saw two women dressed like they were going to night clubs. The judges aren't stupid, if your records say you require a wheel chair than you wouldn't be denied. Your opening letter says it all. Be honest. That's why the system is so back logged. I can tell you my hearing judge read my file. I know this because when I would say my doctor she would refer to them by their name. Since I have 8 different doctors it was obvious to me that she reviewed my file from page one to the end. So be aware, the hearing judges catch you if you over acting or lying. Thank you again for your support and advise. I only wish I knew about your web site three years ago:)
I totally agree with you, Bogey! The fakers make it hard for the rest of us. Congrats again!
Hello. Remembe a while back I mentioned I wrote a letter to our district congress man. Neither he or his office ever responded, that was three weeks ago. I bet if I wrote to ask if I could help with his election details he'd respond. Unreal. Also went to the social security office to get a new copy of my daughter's social security card. If you think the DMV is messes up. Waited an hour to get yelled at by some rude lady. I had a copy of her original card and a birth certificate, she just turned 15, so she doesn't have any real ID. Well had to go back yesterday, with her report card. Now that social security will take as ID. Birth certificate legal document they won't take, unreal. That place is so messed up. What's funny or sad is every social security office in Florida is the same. I saw a man yesterday with no legs in a wheel chair and he was at least 45 to 50. Now it probably takes that man one to two hours everyday to shower, put his legs on, get dressed. He probably needs assistance. If he drives, he needs a special vehicle and just getting in and out of the vehicle takes him at let 10 to 15 min. Not to mention all the meds he must be on. Well I only bring this up because while I sat a social security for over an hour I asked myself why is this poor man even here. Can't a photograph of him and his medical reports speak on his behalf. His case can and should be approved in less than 5 mins. That's just messed up. I spoke to him and he is going through the same crap that 70 percent of us go through or went through. I just went through over three years of hell and as a spoke to this man it broke my heart to see him and to know what mental BS social security is going to put him through. I don't even want to start with the room full of people I saw and heard talking and laughing about how they get SSI and life is great and they are more than healthy enough to work, they just want a free check. Makes me sick. I would gladly exchange my social security disabilty for my old life and go back to work. Fisrt I made a lot more money, second I had my health and finally I felt good about myself. I liked my old job and life. I went from a police sergeant helping people in my home town to a disabled man in the blink of an eye. Well I can't change the past but I'm going to write every person on capital hill a fix this mess. They are going to hate me before I am finished. This broken down system needs to change. Well that's my thought for today, god bless America and all the brave men and women who protect us.
Bogey, good to see you again! Sounds like you're on a crusade. Good for you! I will never understand SSDI. I was lucky, but I've heard a lot of horror stories. I think the fact that I was 50 years old helped my case. At least your was FINALLY approved! I'm so glad it was. What are you gonna do with that fat check?? lol
Pay a lot of bills. Maybe a new computer so I can write everyone I can and get someone in a position of power to change the broken system. I worked for the government for almost twenty years. I watched our agency waste hundreds of thousands of dollars every year. If you add up all the wasted money from every government agency every American could live the American dream that President FDR planned 80 years ago. That's when we had a middle class and mom could stay at home and take care of the house and kids. What went wrong? Well I can't be selfish, just because I won doesn't mean I don't care about those getting the run around. So for everyone fighting social security, don't give up. Write Congress, your Govenor and your Senator. They all are aware, they just don't care. Remember, November is election time and than 2012. They need our votes. That's my thought for the day. God bless America and our brave men and women keeping us safe.
I received my approval letter from my hearing judge. Fully Favorable Decision in bold letters. The best part is it's now offical from the day I was injured, which was over three years ago. Now I just have to wait for my local office to move their worthless asses and process my file. I can only speak for Florida but the people who work down here treat everyone like crap and they don't care. They should be happy they have a government job because with their crap attitudes they would never make it in the public sector. Besides if it wasn't for disabled people there would be no need for them. I would rather have my teeth pulled with out and pain medication than deal with my local social security office. When they talk to you it's like your bothering them. One day I'm gonna take my cane and wrap it around one of their heads and then ask them how does it feel. Only after I hit the lotto:). Is social security nasty in Ga? In my last job which was my only job, if I spoke to people like that I would have been fired. What ever happened to treating people the way you want to be treated. Oh well, god bless everyone out there and our troops.
Hi, Bogey. The first SS lady I met with was kinda rude, but the second one was very nice. I guess it's just the luck of the draw who you end up with.
Please remember your old pal (me!) when you hit the lotto!!
And don't attack anyone with your cane. You'll wind up in jail and won't get to enjoy your lotto winnings! lol
I won't forget you if I win the lotto or hit the rude social security case workers with my cane. But they sure make you want to slap them. I have only had one nice person and that was at my reconsideration level. Not only was she nice she was angry that that denied me and told me how to fight social security. Also my judge was not only nice but she seemed to care about doing what's best for me. Her decision was dated the day after my hearing, now that's action. But my local office is unreal. I won't be surprised if some crazy person walks in their and shoots everyone. When people are hurt and desperate, they don't need or deserve to be treated like dirt. You were lucky, first you live in a friendly state and you didn't go through all three stages of the social security process. Did you know that a few states have done away with the reconsideration level. They realize it's stupid to send a denied case back to the same group who denied it in the first place. Also that will speed up the process by six to nine months. Well I hope all fifty states adopt this for everyone. Take care, god bless everyone fighting social security, America and our brave men and women fighting for us.
Hello Habee,Hope all is well read your article very helpfull tips.I am 35 and became disabled in 2002 my manager then sent me to a company dr. he treated me with phisical therapy and crotisone shots for 7 months. for those 7 months i worked with restrictions I only got worse the company dr. finally decided I needed surgery I took it upon myself and seeked a second opinion the second opinion Dr. agreed that I needed surgery. he performed 4 on my right arm elbow shoulder and wrist at that time I was receiving workers comp benifits the workers comp benefits stopped I was forced to go to work considering my condition well I have to support my family,I worked for a year from 9/08 to 9/09 i just could not perform my job duties my Dr. took me off of work and I have been off since i applied for state dissability I received benefitts for a year and now i have no income as dissabillty ran out i applied for Social Security and i have a Dr's appointment 9/12/10 for a mental exam I have suffered from depression, sleep disorder, headaches I find it very hard to enjoy life the dissability analyst that is handling my case is very nice I took your advice and wrote a letter to her explaining how all this started and what my symptoms are now i am a father of 3 lil girls ages 11,7,2 that need me my wife work she is also a teacher but it is not enough at the moment she tries her best to make me feel better and i thank her for that,my goal is to overcome all this illness and become a automotive instructor, now does the fact that i have 3 kids will that help support my case aswell as my illness? any tips..
Hey Chilly get an ATTORNEY. A specialist in social security cases. Your age is against you. Your kids only help once your approved, they have nothing to do with the decision process. I just went through over three years of dealing with social security. Also a good attorney can help you prove you were disabled from the date of your orirginal injury. If you have access to a computer, go to the social security web site and review their 5 step determination process. If you don't meet step 3, they will try to find any type of work for you even if that type of work does not exist in your area of the country. I did not understand this and it cost me over three years to get approved. Best advise was from this web site. Be honest, follow up with your doctors, your doctor MUST agree your disabled and get an attorney. Good luck, don't give up and make copies of everything. Doctor notes, MRI, Cat Scans, therapy and any thing you have done.
Thanks for your response bogey, Should I get attorney even though I have not been denied yet.Or should I wait to see what the outcome of my Dr's appointment will be? I have a workers comp Attorney who is handling my workers comp case, he advised me to wait and see if I get denied first, then he will recomend me to a social security attorney he knows.what do you think?
Well I waited and was approved than denied after a review than denied and reconsideration level. Hired a social security who knew what questions to ask and how to prepare my file and my case was approved in less than 15 mins. So to answer your question, if I had to to it again I would use a social security attorney ASAP. Keep your workers comp attorney as well. Remember, social security attorneys only get paid if you win. You only out of pocket expeses are for medical records and any extra sworn medical statements put together by your doctor and your social security attorney. Just remember, social security is not on your side. They will do everything at the local levels to deni you. Their record speaks for it's self. They deni around 88 percent at the first level that 80 percent at the second level. So the odds are not good. In addition, your young so that's against you. I was 41 when I started and 44 when I was approved. The final level, has around a 50 to 60 percent approval rate. That's for two reasons. One most people get to speak to a real person and second they have an attorney.
Well Bogey, I spoke to a social security attorney they recomended to wait and see if i get denied since my dr. appointment is just around the corner on 9/12/10. they have no problem representing me as of now but in case I do get approved i dont have to share my benefits with the attorney,if i get denied then i should call them,the person who is handling my case the social security analyst contacted me and asked for my bank information so that they can deposit my benfits automatically,to me it sounds promissing, put i dont want to get my hopes high,this is why i am asking these questions..Thanks Again!!!
Sounds good. Best wishes. The doctor your seeing, is the doctor a social security doctor. Becareful. If your seeing their doctor, as soon as you leave write everything down. In my case I found at least ten to twelve lies. In addition, they sent me to a pediatric doctor and I have a spinal condition. I was in a room full of children. By the way, what state are you in Chilly. Even though social security is a federal system, the first two levels are state run and every state is different. Some move quickly. I'm in Florida they move in reverse. From the day I filed to my approval date was three years two months and six days. I pray you don't go what I went through. Even my hearing judge felt sorry for me and I researched he and she has one of the lowest approval ratings in the country. What ever happens, don't give up and file all you appeals on time if you have to. Good luck. Bring all your medical reports and medications your taking with you. The doctor will ask you and the doctors file will probably be incomplete. Don't give them your documents just let them copy them. Trust me, social security will ask you for the same things over and over. Keep good records. Names, dates phone extentions. Not trying to scare you I've just gone through what your about to begin. I wish I was better prepared. I found this site a few months before my hearing date but I want to help everyone I can. Good luck.
Hey bogey,I really apreciate your time. Well I'm going to say the Dr. is a Social Seccurity Dr.considering they recomended me to him.Oh I am in California does it work different here?Oh by the way Bogey! did you know how much you were going to receive while your case was pending, I only ask because they have already told me how much i will be receiving monthly and they will pay me pack pay as far back as March, they also informed me of how much I will receive for each child, does this mean anything.or do they inform you in case you get approved.Thanks!!!
I wish I could tell you the amount means something but it really does not. The amount is based on your earnings over the years you worked. Your kids are also based on a figure social security uses with a maximum cap. You probably live in the worse state. Sorry, it's all about numbers. Your state has the largest poulation and handles the most cases. Now depending on what part of Cal, can make a difference. Just like my state, the counties north of me handle thousands of cases less per week than in Miami, where I'm from. When I go to my local office it's at least a two hour wait, with an appointment I still wait a half hour or longer. So if your in La, it's different than Northern Cal. Hope that helps. Just remember, if your case is well documented and your doctors specialize in the area of your injury that means a lot. I learned that social security is a mess because so many people are trying to get a free check. Those people cause the system to break down or people who deserve help to suffer and wait. Regardless, don't stop fighting if your truly injured. I had to go before a judge after over three years but my work history, medical records, attorney and being honest helped me win in the end. Also do your homework. Go to social securitys web site. Read how they determine if you meet their listings. You can be disabled under long term disability or your own job's policy and denied by social security because they define disability different. That's why social security attorneys are so important. They understant this and know how to question your doctors to support your claim. Good luck, be prepared.
Thanks gain bogey!yeah I am in Los Angeles everything has been moving pretty quickly since I applied back in May 2010 so I quess I'm lucky for that,will see what happens on Sept 12, I'll keep you posted. Thanks Again! you've been lots of help!!God Bless!!
Good luck with everything. Four months to see their doctor is prety quick. It took me eight months but I had hip surgery a few months after I applied so my case may have been delayed because of me. Hopefully your case will go smothly.
Hey Chilly. I was trying to remember when I began the social security process. From what I remember, the first few people seemed like they truley wanted to help and I was approved in a few months. The problem is the people you don't see and they don't see or talk to you. They just look at numbers.
Bogey and Chilly, I'm glad you guys found each other here!! Best to both of you!
What numbers bogey?
Every year social security send an earnings statement. They go over what you will receive at 62-65 or if you become disabled. It's based on your earnings and what you have paid into social security over your life time. It's different for everyone and it has a cap at 95 thousand a year. Since your applying for disability you may have to go to you local office to get your statement. As soon as I applied they stopped sending mine and I called them and they said because I'm trying to get disability they have stopped sending my statement. Check with the person in charge of your case because the statement is sent out in July. My attorney was able to figure mine disability based on my w-2 forms. Hope that helps.
Habee, I hope I can help everyone avoid going through what I just went through:). The system is crazy and depending on where you live, if the case worker wants to help you or they think your youg enough to work, they will mess with you. It's not fair and it needs to stop. I told you just because I won I'm not going to stop. As long as I can type, I'm going to keep fighting social security and their broken unfair system. That's all I have for today. God bless America our troops and happy labor day to all.
Chilly the other numbers deal with you level of impairments. Social security rates you. Your doctor at the early stages does not have the same weight as it does when you go before a judge. Also your age. It shouldn't determine anything but it does. The facts speak for themselves. Habee will agree, if your 50 to 60, you have a much easier chance of getting approved than if your 30 to 40. It wrong that social security does that but they do. Two people can have they same disabilty but one is 50 the other is 30 and in 80 percent of the cases the 50 year old will get approved and the 30 year old will get denied. In addition, your education is used against you. The higher educated you are the more jobs social security will try to say you can do. It's sad but true. Read their web site or talk to your social security attorney. If your under 50 you must meet their disability definition under step three of their list of impairments or have a combination. It's very hard to figure out social securities system. Also every state, city and county is different even though it's a federal system. Hope that helps, I spent three years trying to figure it out and all I can say is social security is like every government run agency. Screwed up!
Chilly after your file is complete it is revised by a doctor who is paid by social security. That doctor will not talk to you. He or she will only look at your file at rate you base on your condition using their rating system, your age and education. In addition a vocational may also review your file and determine you can work even though your unable to perform you previous job. They can say you cancollect tickets at a movie theater and your not disabled. Not to scare you I just want to prepare you. When I reviewed my medical file that social security had on me I almost fell on the floor. Have my file was incomplete and I'm still dealing with their mistakes three years later. That's why you make copies and write name of everyone because months even years later they will lie to your face and say you never told us that. That's when I pull out my file and start telling them when it was sent, who received it and who I spoke to. That's why so many people win when they go before the hearing judge. The file they have is reviewed by you or you attorney, than updated with all your records. Be prepared. Habee was I was not. Her case took probably three years less than mine. She also in a different state with a social security office with some common sense.
Wow!!Bogey, Thanks again this is very helpfull info.I will definetly write down as much as I can, like I said so far so good in my case moving pretty fast so will see come sunday the 12th,well my appointment is a mental exam the analyst handling my case says that I need a mental exam only. the reports she has for the surgeries I had on my arm and shoulder are ok they will use those with my case.I also wrote a letter to them to help support my case also had my workers comp attorney dictate a letter I hope all this will help me in my case. Thanks bogey!!!
Wish you the best!
Thanks for putting this up, and comments have been great. I feel much more confident applying for SSI, thanks guys!
Bogey, glad you're providing this additional info!
Chilly, let us know how it goes!
Thanks, Mendel!
No problem. You have great advise for everyone applying and getting your doctors on your side as well as taking notes on everything. I didn't do those things and it cost me over three years and an attorney. So listen to Habee if your starting and if you've been denied maybe I can help since i just went through the entire process and it was not fun. Also I know I bash our government from time to time but is only because it's a right that many brave men and women gave me and all of us. As you go about your daily activities this week, remember Sarurday is 9/11. For most of us, it's the darkest moment in American history because we lived it. God bless the victims and their families.
I sure will,I dont know how long it takes for them to tell you if you've been approved. But I will definetly let you know what the outcome is.Thanks to your info Habee & bogey I think I'm on the right track. so far I've done everything right as far as all thee advice I have gotten from you two.Thanks again!! God Bless!!!
If there is someone on Social security I can help out with a job from home, please check out: http://hubpages.com/hub/Fellow-Hubbers-Will-pay-fo I am asking people in the hubpage community because I know they are quality writers. It's working directly for me helping QC the work of some of my Filipino writers. Thanks guys.
Habee I have a question for you or anyone who knows? After your approved how long does it take for social security to call you and start the payment process. I called social security today and I show up on their computer as approved but the person I spoke to said you have to wait, someone will contact you. Than he adds the hard part is over. Well that doesn't pay my bills. I guess it's easy being a smart ass over the phone. Funny I received a letter from the judge in less than a week and I'm still getting the run around from social security. Even when you win they make you suffer.
Hey Bogey,Today I talked to my social security analyst handling my case, she says it takes around two weeks and I think it does one of my freinds was approved on the first try, and recieved his check around two weeks later before he received the approved letter. so yeah he received his check before his letter.now I dont know how it works in Maimi here in L.A. I think it's different the office handling my case is San Diego.
Thanks. I have my approval letter just waiting on the local office to do what they are paid to do. Their job. Well I will keep checking my mail box.
well I made it to my mental exam today, I was not feeling to good I could barely get out of bed, if it was'nt for my wife that pushed me to get out of bed i probably would have missed it, feelin somewhat better now,the appointment went well I think the Dr.she was very nice asked lots of mental depression questions I answered each one honestly it was about a 25 to 30 min session. she said she would send my report in to the SS analyst that's handling my case for aproval she said it would take about 2 weeks then they will tell me.
Keep a good record. I know you said your not feeling well, sorry to hear that but remember if your not approved things you were asked today may be asked months if not years from now. So try to write everthing you can remember down so social security can't say you said one thing today and something else the next time they speak to you. Good luck.
Thanks Bogey!! now all I have to do is be patient, and hope for the best...
I wish you all the best, your health and with social security. What ever happens, don't let it bring you down. I found my mental status drop faster than the stock market and it was because of the stress of social security. Prety bad when hip surgery and back surgery was less stressful than the social security process. So stay positive no matter what. Also continue with your doctors. Good luck!
Well going on my 4th day since my mental exam no word from Social security yet, dont know if that's good or bad???
Chilly I know it's hard but try to keep your mind on it being a long adventure not a short trip. They take there sweet time, than your file goes from one person to another. It sucks! I was approved on August 19, and I still haven't heard anything from social security. I have a letter from my hearing judge and it says fully favorable decision and the local office said they received it but they haven't Done anything except tell me I have to keep waiting. Just hang in there.
Chilly i went for my CE on August 10 2010, and DDS did nor receive it from them until September 9th. As of sept 9th the DDS doc had it and it is now the 20th and i was Informed by the 1800 number that A Decision has been made but we cant tell you you need to call 1800 @#$!&@*. So i called that number and turns out to be my DDS Caseworker who stated that a decision has been made and was dispatched this morning i will receive the decision in the mail in a couple days. Is it good Or Bad i dont know. I hope and pray but who knows ultimately. I am on Active Army Duty but am wounded and medivacuated to a WTU OCT Last year. Good luck. I will keep posted on whet i find out.
well, I was told by the analyst handling my case on friday the 17th that she was just waiting on the report from my mental exam so that she can move forward with my case, she also said it would take around two weeks to get a decision so it's a lil over a week so far hopefully I get something before the first as my mortgage is due! got my fingers crossed!!
I hope so also Chilly. As stated they told me that the Exam Dr i was sent to had 10 Buisness days to submit his report. But when i asked him he sid it could be a month. (Which he took every bit of it.) He seemed very orriented on my case and a 15min exam turned into 2.5 hrs. He also stated he would like to be my follow-up Dr upon my discharge from Service as he has not had a case as severe as mine in a long time. (I am hoping this is a good sign also) As i will be out of the Service in a few months and seeing as VA and Military Comp wont kick in for a additional few months after leaving i really need this. I just had a new child on the 2nd sept and i am living Check to check as it is so no income will most likely cause another MANIC/DEPRESSIVE and my family cannot handle that at the moment. Nor can I.
But they stated that the decision has been made and i will recieve something in the main in a few days but i will continnue to call the 1800 number to check and today is my normal weekly SSFO call day so maybe my caseworker will know something.
Chilly at the 10 day mark call the dr that you saw (Only if they seemed NICE) and ask if they had sent the report. But call the DDS case work first if he hasnt received it yet then i would call the Dr. The report goes into the system where SS and DDS can see if it is there.
Just be very TACTFUL in your approach and you should be OK. I tryed to build a reporr with my DDS and SSFO case managers before i hit them with stuff.
Good Luck and i wish you the best. I will keep you informed on my Case as it comes.
Habee this is an excellent BLOG thank you for taking the time to write it.
Chilly and Mike I just recieved my notice of my first check. It is scheduled for October 13, 2010. That will be three years, four months and one day from the day I was injured. Don't trust the doctor or case workers. They will tell you anything to get rid of you. That's why so many social security attorneys are out there. It's sad but true. I had a bench decision and they still took 45 days to release my monthly check, they still owe me almost three years in back pay plus my children. All I can say is they do everything backwards and you suffer. I tried to give them everything several times, sent everything certified and as of yesterday they are calling me on Friday to complete my file for the forth time. I wonder what they do with everything I send them? The very first forms I filled out was my back information with a copy of a voided check. They lost it. Please trust me, they will screw with you. The doctors will lie and so will the case workers. As far as the people doing the reviews, they will do everything to deni you. I have no reason to lie, I went through the entire process. At every level they tell you were here to help you but they just want to get rid of your case. Good luck, I hope your situation is different then my case was. Remember I was found disabled by two private companies in less than six weeks and denied by social security until my hearing. My hearing lasted 15 mins. How does that happen? All my case workers and social security doctors were nice and told me everything I wanted to hear. Then my letter came, denied. Some doctor who never saw me from another state determined my case. Just be prepared for a long fight and don't trust them. No one working for social security is your friend. Your a case number. As soon as your gone, they move on to another case. It sucks! That's the way it is. Good luck, don't give up and hire an attorney. God bless everyone and our troops.
Well got the Bad news today in a nice shinny envelope. You do not meet the BLAH BLAH BLAH. They F*D up on two accounts. I was never enrolled in the wounded warrior fast track program, and by their write up of why i was denied(only 5 sentences i must add)as to my over 1300 Pages of medical records) in breif my anxiety and bipolar donot affect my daily activities and my shoulder pain doesnot affect my rage of motion to beable to work. Also i am to young. My medical records state numerous times that i have very limited range ie. no overhead no behindback nomore then 5lbs lift for more than 2-4 min ect... and my Mental health states that it is inconpacitating at times cannot leave my house due to anxiety and even though in Military being med boarded for same issues only show at 1 0830 formation which lasts less then 5 min the rest of the time i am at a doctor or in my home. I would love to stay in military and continue fighting ive tried but body and dr say nope. and right now we are taking anyone litterally. And yet i am nolonger to do what i love nor just about anything else for that matter and i get this. Its crazy a 5 time war Veteran blown up twice capable of surviving and now reduced to Not being able to tie my own G*& D&^MN shoes isnt good enough. Even though we put our life on the line so they can sit there and be $#%^ Lazy and pick the short stack to review instead (His is big im just gonna glance through it)lazy mo%^#$fu%Krs i would love to go bck out there with my soldiers. Give me My body and mind back or at least do your damn job. Im sorry im just venting.
RX7Mike, don't give up. Make sure you file your appeal in the time frame they give you. If you've done as much research as I've done you'll understand. They only approve 12 percent the first time and it's about the same on appeal. That's why you need an attorney who handles social security cases. They told me the same crap. I was approved then denied after a review. The main reason was my condition would improve. Two years later I had a second surgery. The other reason was my age. They said I'm young enough to do something else. After going before a hearing judge with an attorney and a completed medical file, my attorney had social securitys own doctors finding me disabled. It sucks but that's what social security does. I've said it many times, they don't care. Do not trust them. Just do your research on social security attorneys in your city/state. Good luck, sorry you got turned down but don't give up. That's what the want. Trust me. When you finally win you will feel like the entire world has been lifted off your back. Then you can tell everyone who didn't approve you, I told you so. That's the best part. That's why Habee and myself are here, to give advise and help those who truly need it. In the end I saw why so many people get turned down. To many people fake it and they screw up the system for the truly disabled people. Keep you head up, don't stop fighting. It's tough, stressful and difficult. If you do your homework, find a great attorney and get your doctor to agree with your disability, you will win. Keep us posted and if you need any assistance, just ask. I check this web site everyday and I know what it feel like to get those wonderful letters from social security. In my previous job I was trained in explosives. I had many sleepless night dreaming of ways to fix their system but in the end god and my friends who I've never met on the Internet. Led me to beat them at their own game. So in the end good advise and using the systems rules worked better than a few hundred pounds of C-4. By the way the last part was a joke, I'm not crazy but I felt like I was going crazy. Hang in there, I know it's easy for me to say but you have to. I just hope you don't have to wait as long as I did. My state and city have a very long and slow process. Well I will follow your updates.
Great idea, Daniel!!
Bogey, I am SOOOOOOOOO happy that your SSDI was finally approved!
Chilly, best of luck to you!
Mike, as Bogey said, DO NOT give up on getting your social security disability approved!!
Rx7Mike. What City/State are you in? Just interested because there are a lot of social security attorney groups on the Internet. Becareful, they sound good but you want one in your city or county. You only pay them when if you win. There are a few out of pocket expenses, doctors reports and if your attorney takes a sworn statement from your doctor. That happens as you get close to your hearing. Prepare your doctor in advance and make sure he is 100 percent behind you being disabled under social securitys list of impairments. You can down load their list but a good social security attorney knows how to question your doctor and get the answers to help you case. From what I learned, the judges read everything. That's good and bad. One wrong statement can hurt you but a strong doctors statement can win your case. Best wishes, god bless our brave men and women keeping us safe.
I started the SS disability process in April 2010. I am a 44 y/o female with fibro, arthritis in both knees and shoulder, migraines, depression/anxiety for last ten years and last two years I have had recurrent MRSA skin infections every couple months. I was laid off..(well that's what my comp said) but I missed alot of work from having to go have IV antibiotics. My last job was clerical related and I suffered daily from sitting long periods of time and my hands would go to sleep and tingle after typing but I enjoyed the feeling of going to work. My degree is medical assisting but I quit that a few years back because I could no longer stand on my feet eight hours a day and I could not lift patients anymore either.
I got my first denial in August and since the denial I have hired ALLSUP to represent my case. Has anyone had good success rate with them?
Doe's anyone know if MRSA is on the blue book list of the diagnosis that SS deems disabled?
Thanks for any help and have a blessed day!
Pattmatt, I have never heard of Allsup. Are they in your City/State or County? If not I recommed you get an attorney in your area and they need to be social security attorneys. Get all your medical records and a good attorney will do the rest. Make sure your doctor is a specialist in the area of your condition and he or she agrees your disabled. Using social securitys own rules, your disabled if you cannot work an 8 hour day 40 hour week. The social security vocational expert will always find something but since your last job was at the lowest level of physical lifting it's harder for them to find anything less. If you can't sit/stand for an 8 hour day your disabled. The problem is the people reviewing your first appeal are the same jerks who denied you. So your only fair decision will be when you go before a judge. Also, I found out when my attorney recived my file from social security it was incomplete and their doctor lied. Sorry you are going through this, it's a very crapy system. Just talk with you doctor and make sure he or she agrees you unable to work than get a good attorney. If the group your with is from out of your state you can write them a certified letter a in a couple of line explain that you are dismissing them. Once you receive the returned certified mail receipt you can go with any attorney. You want one in your area. Remember, the judges and attorneys all know eachother in your county. They won't know an out of state attorney and an out of state won't know the judge. That can be a problem. Some judges like things a certain way and attorneys who go before the same judges everyday know what each judge likes and does not like. The last thing you want is a piss off judge deciding your fate. Good luck.
Pattmatt, I did a little research on allsup. My opinion they are full of it. They do not have a 98 percent approval rate. Also they are in IL. They handle cases for long term disability companies. It's a scam, the long term diability companies make you feel you have to use Allsup when the truth is you can choose any attorney you want. Than Allsup and the long term disability take a big portion of your back pay. My attorney was a social security judge and he explained everything to me and all the scams. My attorney could have take a lot of my back pay and only charged me the minimum. He had honor and was very honest to me. If your in Miami he is the best. But no attorney wins 98 percent. That's a lie. Just check you local are and choose a social security who knows you county and the judges. My attorney told me point blank, my judge is very tough and she reads everything. He was correct. I have eight doctors and see knew everyone by name. So I knew she read my file from front to back. But I'm glad because she was fair to me and knew I was telling the truth. Don't rush into picking someone off the Internet. Every city/ county has law groups. A good attorney will tell you you have a good case and your medical evidence supports your claim but they cannot tell you you going to win. That's just a lie. I switch attorneys because my long term disability made me feel I hade to use a group 2000 miles from Miami. Once I met my attorney and he explained the prctice of making people feel they have to use groups working for the disability company, I got rid of them and it was the best thing I did, next to finding Habee. We are here to help. Habee is very smart and I went through the entire process. Between the two of us we have plenty of advise. It's up to you but it's much nicer driving to your attorneys office, giving them copies of all your medical records and dealing with a face/ person. Best wishes, keep us posted.
So upon receiving the Denial on thursday i filed for reconcideration online that evening. I spoke with my doctors on friday which they are all on board. I spoke with the SSFO friday and found that indeed i was not forwarded my right to expidited claim on the new Wounded Warrior Program, Mistake #1, I did not receive in the denial statement the CE Dr's statement, Mistake #2, Not all of my Injuries/Illnesses where concidered, Mistake #3.
My main ailment is BiPolar 2. Which meets or exceeds all three of the criteria in the SSDI Blue book. It is not even mentioned in the denial notice or report that SSI has.
So i contacted the Governor by email and was supprised to actually get a call from him the next morning, Well Aide Then Him,But< he said he would be unable to help as it is a federal agency. I stated that the issue is actually with the State agency DDS that made the dicision. He said he will look into that requested a release from me to be faxed back to him. He then gave me a POC for the congressman in my area and said to email on his site, but to also email #########@#####.GOV but to make sure that i mention He gave me that email and explain my situation.
So saturday i received a notice from SSD saying they got my appeal but need a release from me to use new information. I am going there in the am with my updated records.
So now just the waiting Game i guess.
I will keep all posted. TY.
Rx7Mike, that's the game they play. Hang in there and get an attorney in your area who works social security.
Rx7Mike, I wrote my cogressman. It's messed up because it's a federal system but it starts in your state and local area. I made some mistakes as well because I didn't do my homework and know about Habee's site. It's sad that disabled people have to play games to get what they deserve.
I would like to thank Habee for this informational thread. And to Bogee...You are so interesting to listen too. It made me sad to hear the struggles you have gone through before being approved especially with a wife and children! Thank you, you seem very sweet and to the point along with being very intelligent. I will enjoy checking back in now and then. Good luck to all of us!
Well Bogey and Habee, here is my update I spoke to my SS Analyst yesterday she recieved my mental exam report. it is good report according to her but now I have recieved a second Dr's appointment for a Bone and Spinal exam wich is related to my industrial accident. I will have this exam on 10/11/10, I have had Mri's already and x-rays where it shows I have positive tenderness, and cervical radiculopathy wich I think is causing my limited motion and numbness, now my question is should I take my x-rays and mri's in to this exam and is this good or bad that there asking for another exam but different? Thanks!!
Chilly I'm not an attorney but the social security case worker is going to want them and the social security doctor is not going to pay to have these tests done. So my advise is bring what you have, let the doctor review it make copies but don't let them keep your original reports. You might need them later and that's an extra expense to you. I just made a file. I listed every doctor 8. Each has a section with all my doctors reports, tests and MRI'S. That file went to everywhere they sent me and I would let the make copies. I also had a page where I wrote the date and name of who I gave the copies to. It comes in handy when the claim they don't have it or you never gave it to them. Good luck, protect yourself.
Thanks bogey, I will ask my Dr. for these x-ray & mri films I will show them to the SS Dr.yeah your right I dont think they will perform any x-rays or mri's, I think all they are going to do is check my arm and neck but with my x-ray & mri's they have a better view at the diagnosis,should I send copies to the analyst handling my case aswell or should I just give copies to the SS Dr.?Thanks again Bogey!!
Chilly your MRI should have a written report as well as the film. The social security case worker isn't a doctor and probably can't read the films. If you can, go to the place where you had your MRI and ask for the written portion. It's basiclly a report by the Radiologist
Tohomygirl thankyou. Chilly one last thing, social security needs all your reports to make a decision and eventhough the have you sign a release if your doctors charge for the paper work social security won't pay. So it's up to you to make sure they have everything. It stinks because I've spoken with so many people who reviewed their case file and they all say social security's file was missing important items. When I reviewed my file it was incomplete. Your file goes from person to person, they won't pay the extra fees for medical reports and it's a typical government agency. Do as much as you can to help your case because they won't. If it's not in your file when they are making their review your screwed. Good luck!!!
Tahomygirl sorry I messed up your name. I use an I touch and the screen is so small I can't review what I write and my fingers tend to hit the wrong letters from time to time. Hope Habee's information or my information is helpful. If your dealing with social security I hope it's going well. Don't trust them. That is the best advise I can give. Most people get fooled by the case workers because they act like they are trying to help and some are. The problem is they have supervisors who review their cases and those people don't talk to you and just want to get rid of your file. In other words, they don't have a heart. Best wishes with your case.
Just to give all the readers and Habee a laugh. I received four letters yesterday. First was explaining Medicare, second was to resent my pin to access social security because they shut my old code off, third was explaining my direct deposit plan and the forth was a letter explaining some $250.00, chech they are going to send my because of a bill the President signed in 2009. Here is the funny part, every letter starts off explaining the paper saving act yet every thing they do is on paper. They have my e-mail. In addition they send copies of the same letters to my attorney. I wonder how much money the spend killing trees. They have my phone and e-mail yet they just love sending letters. Here is another funny thing. They all end the same way. You should expect payment in 30 days. My case was settled on August 19, 2010. All I have is a Medicare card and a bunch of letters. Just want to give you guys a laugh. The pony express ended in the 19th century. God bless everyone and our brave men and women who keep us safe and allow people like me to blast our government when they are wrong. I love this country and I am pround to be an American but sometimes I just have to say WOW!
Bogey, that is too funny! Our government at work!
They keep the Lumber Jacks busy!!!!!
Lol, Bogey!
Hello Habee, my wife is considering writing a letter to the SS analyst that's handling my case. I know you advised to do as much as I can to help support my case, I have already wrote one to them explaining my situation. she feels that people who suffer from deep depression are really not aware of there action and what they are going through.I have been feeling very sad and depressed lately I blame myself for everything that happens I sleep around 11 to 14 hrs a day sometimes. I get the feelin this is why she feels she has to explain all this to SS. do you think this will help? Thanks!!
Chilly I know you asked for Habee but will your doctor write a letter. If your doctor is a specialist in the mental illness area, that could be very helpful. He can detail how certain medication make you sleepy and how depression makes you feel run down and you require down time during the day. Ask your doctor if he or she would help you. I had several of my doctors write letters on my conditions, how I changed over the three years of them treating me. When your doctors meet you and your 202 lbs and three years later your 143 lbs, they know something is going on. Just talk to your doctor face to face and explain what it's for. Most doctors dislike attorneys and don't want our government running the health system. Didn't mean to but in Habee, but the few doctor letters in my file I believe help with my hearing. Since I learned being honest and up front with my doctors they all supported me 100 percent. Also don't give social security the original copies, give them copies. Rememer, if you can't work an 8 hour day 40 hour week your disabled. If your doctors says your condition and the medication require to rest every few hours, you can't concentrate because your medication and you shouldn't driver or operate equipment you win. The vocational expert can try but medical documents don't lie. Good luck. Habee if I missed anything, fill in my mistakes.
Hey guys . Just an Update. Yesterday i Received another Daily Activity Log. Going back through here first i figured would be best before filling it out. Unlike the 1st one i filed out very vauge. I have noticed that it is good to be very detailed. The first one i filled out was quick figuring they dont look at it. Like i had issues being around people because my anxiety increase. This time i gave examples. i.e. When i am around groups o people including family and freinds i will lock myself in my room or in my car as i start hyperventilating and iritable. I no-longer can attend group functions or have family or freinds over at the house as it makes it a very uncomfortable situation for everyone.!!!
I did this for everything that has an affect on me. which was just about every question except 1. The only one that im still thrown off by is the one Number 1. Do you care for anyone other then yourself family parent other? I just put yes and no. I am the bread winner which is comming to a severecross road as my spouse has to take care of the children, me, and finances. All i provide is financial stability at the moment. Was that a good answer you think?
I did not want to over exagerate anything but when it boils down to putting it all on paper it almost looks that way. there was still some stuff left out to add, i guess its sinking in now how exactly Disabled i have become. One of my soldiers he is 19 has high pride as I just arrived at the unit and i reffered him SSD. Just like me he doesnt understand how bad he actually is, but will now have him fill out this form , HEHE i made copies, and that it will put a real prospective on things. I hope this helps someone out. Will keep you all informed of the out come.
Chily Good luck with the second CE! I wish you the best.
Bogey Habee thanks again for all the great advice.
Oh i also wrote a thank you letter to the congressman and his staff even though there is no outcome yet i am just extremely happy, as well as my family for even taking the time out of there busy schedule to look into this matter. I am going to send that out tommorrow along with the Daily activities form. ;P
Rx7Mike, if your married I would put you are able to care for yourself but require assistance from time to time. Your wife takes care of things when your not able. I put no but I was recovering from surgery. They are going to ask you that several more times so try to explain why or why not. Medication makes you feel run down, side affects and so on. Social security just wants to see if you say one thing today and something different a year from now. You will fill out so many forms and receive some many forms you could start a paper recycle company when they finally find you disadled.
Ok, I made it to my spine and cervical bone appointment,I took my MRI reports and written report.The DR. seem nice he checked my arm and neck I had an x-ray on my right wrist something I did not expect, he asked many questions one of them was why have I not been trained to do something else I explained my symptoms and showed him my reports and films and also told him that I have a pending surgery that has not been authorized that's when he said oh ok now were looking at something different, so I guess my appointment was not going so well until I told him about the pending surgery and showed him my reports and films he said that it was good I brought them in because that's what counts and that they were important after that he said we were done and that the report would be in in about 10 days,So I think it went well after all. the fact that I took in my reports really helped so now I just wait and hope for the best soon.. Thanks again Habee & Bogey you guys have really offered some great advice I will update soon again hopefully with some good news!!!!
The doctor shouldn't have asked you a vocational question. Don't worry about social security doctors. They are money sluts. They get paid $100.00 to see social security cases. Some of their doctors wouldn't stay open if they didn't have the extra cases. Remember, the doctor only writes a report, your case worker decides your case. Messed up, medical disability cases determined by people who barley made it through high school. Well good luck, let us know but don't read into anything social security does. It will only make you crazy. Also, they always tell you 10 days for one thing 30 days for another. In Miami, they can't meet a dead line. I haven't seen a penny and I won my case in August. I have lots of dates, packs of papers and my midicare card. They paid my attorney and my midicare premiums and they told me how much they owe me but no money yet. Hang in there. That's all we can do.
Boget. I appretiate the info i sent the packets out yesterday. But as far as my wife having to take care of me if i stated the way you said would be the lie. I also recently under went surgury in march but the catch 22 is the surgury did not hold and also prgressed the injury worse, as now i have a sporatic twitch caused by a nerve impingment in my left arm under the subscapular muscle. So as far as showering and dressing without help i would be going to my once a day formation and appointments in my Birthday suit. LOL. :S . I was only able to give a couple examples but the same ones are also in my Med records. So they have back up.
I was however informed that in the state of virginia that it no longer takes 18-24 months for an alj. It has been reduced drastically to 3-6 months. So hope i wont have to go that far but its a little better. As my PEB was submitted i will be out on my rear from uncle same in the foreseeable future near X-Mas of all things, But i am praying all goes well. Good luck Bogey and Chiley, ill be praying for you guys.
Im pretty sure though without a decision before Holidays, I will have to look at other means for my family, Still covered under 400k Sgli 120days after discharge so got a little time. Family first. Love you guys appretiate all the help. I will keep you all posted on what happens next.
Not sure which states dropped the reconsideration stage but I read that several states did to speed up the process and because it doesn't work. Well Habee I received my first two checks. The first was for $250.00, in reference to President Obama's recovery bill and the second was my first monthly check. Now I just have to wait for my three years of back pay plus my wife and kids. Social security has a different answer as to why I'm still waiting but something is better than nothing. I hate to sound bitter but they make you wait so long and put you through so much stress, when you finally get your money it's like big deal. I wish I felt happier but it has been so long. Maybe when I get my big check and my family gets the rest I will feel different. Good luck to everyone, god bless America and all the brave men and women who fight for us.
Congrats Bogey99. Wish you luck with your adventures.
I'm not going anywhere until everyone on this site gets all the help or advise they need to fight social security. Thank you for the kind words but we still have a lot of fighting to do. People shouldn't have to suffer to get what they deserve.
Hey bogey, spoke to my SS Analyst handling my case today. She was actually calling to confirm that I went to my bone & spinal appointment, I said yes and she said that she was sorry she had to send me for a second Dr.appointment but she needed more disability for my case so I've had to appointments a mental exam and spine bone appointment.She also said that the report should be in within couple days because the office I went to is pretty quick at turnning in reports,Anyways I thought I'd share that with everyone here. peace god bless!!!
Chilly, it appears your case worker is at least going over your file and that's a good sign. Some of the case workers just want to get rid of cases yours appears to be conducting a complete investigation. Probably the doctor who reviews the files is requesting this but your case worker isn't allowed to tell you. The more medical evidence on your side the better. When I finally hired an attorney he was shocked, because of the amount of medical evidence. He knew I was only denied because of my age. Hearing judges don't like that reason. If your injured and can't work, your disabled. Keep us informed and if you have a question just ask:). Best wishes.
Yeah Bogey, Who ever is reviewing the reports needed more disabillity so this is why they requested another appointment.All she told me is that when she turned in the first report of my mental exam they said they needed a report from my bone and spinal,She never told me who but now I see that it's a Dr.who requested a second appointment. I thought the Analyst handling the case made the decision. anyways we'll see thanks again and god bless!! But wait this Dr. does not know me or know anything about my disabillity Wow this scares me!!
Chilly, the doctor is just paid by social security to review your file and do an exam. Once the doctor is finished they prepare a report of your codition and gives it to social security. The messed up part is even if the doctor they sent you to finds you disabled, your case worker can still deni you. It's all based on numbers and their crazy system. But in the end of my case two of social securities doctors supported my case because they found me diabled along with my doctors. The problem is you can't get their file until your denied and request a hearing. Even then it takes for ever and you need an attorney at that point. Hope you don't get to that part. Good luck.
@cHILy Case in point. The CE Mental Health provider requested he wants tosee me afterward upon getting out of the service as i have a no so rare but severe case that he doent often see. Well he also treats children so i took him up on it a little and just saw him yesterday. Dont know if he is supposed to but he showed me his report that he sent back to DDS, Now i see why they didnt include his report with the denial notice. Basically he was in complete agreeance with my Doctors on base that although young but do suffer from extreme, extreme ...., extremme... , severe.., and it severly hinders my abilities. (replace ... with Ailments)He is also the same one who reffered me to obtain an attorney.
After my childs appointment we spoke for about an hour i reveiwed his statement while son was in there. It had the basic questions and then the doctors notes section was 4 pages and another 6 pages with my primary doctors NARSUM for med retirement fromthe military attached. It contridicted everything that the socalled denied me for. One i win i cant wait to rip into !@#$%, !#$@%< , !##@%, @#$@^&#, and most importantly !#%@%!^&( replace !#@% with names of LIARS). Most importantly if you are just passing through these posts! Donot take My ranting as Bad Blood. There is great info on this Blog and great people im just like The Crazy Angry Uncle which everyone has.lol
Rx7Mike, just hire a social security attorney from you city/county and let their office deal with all of social security's crap. I've been through it. I have seen my incomplete file, the doctor's lies and the error in my file, way too many to mention. That's why social security approves so many cases at the hearing level. It's the first time you get to see your file and give the judge all your medical reports.
well bogey, I spoke to the analyst handling my case today. she says they reieved my report from the last appointment of my cervical bone spine. She has submitted it to her Dr. for reveiw after that he will send it to the feild office where I applied and they will send me a letter with the decision so I guess it's out of her hands now does that sound proper to you? someone told me that when it is sent to the feild office it is already approved I dont want to believe that,So basically I will here from them sometime next week. So we'll see!! Thanks!!
Chilly from what I remember, the lady that handled my case while social security sent me to the doctor completes your file then it's reviewed by someone. The decision is probably made before it goes back to your original office but they won't tell you anything. Besides even when your approved, someone in your local office investigates your file and determines your monthly amount, plus any back pay. They see if you owe money or if you were receiving workers comp. So many things factor into the process. All that being said, the person you just finished with is just one of many who will work on your case. It's crazy, your file goes all over and it looked at by so many people. Just pray, the people with it are reading it. The correct thing would be one person starts your case and finshes your case. I don't understand why one person takes all your info, sends it to the medical section, sends it to the review portion, then back to your local office but a new person might have it know. Then if your approved it is sent all over for different people to sign it. That's how things get lost and mistakes happen. So hope that helps, even if the person your talking with made a decision, it would still need to be approved by someone higher up.
Bogey, I see what your saying I know I dont owe anything but I did recieve workers comp from 2003 to 2007 and state dissability from 2008 to 2009 I dont understand why this will affect my case.will it? Thanks!!
My mistake I recieved workers comp from 2003 to 2007 I tried to work from 2008 to 2009 i collected state dissabilty benefits from 2009 to 09/2010. other than that I do not owe anything. will this be a problem?
Chilly, those things can affect your case. Your case worker has to deduct your workers comp and certain earnings. They held my money for nearly 60 extra days to make sure I didn't receive any extra income, workers comp or SSI. I told them I didn't but they review everything.
Yeah Bogey, The analyst handling my case told me last week she sent my case back to the office I originally applied with,So today I called the office spoke to the lady that I applied with originally and she said my case is still pending until I take them proof that I no longer recieve Workers Comp or any other source of income.I told them I did not have any income at all so she asked for the letter Workers Comp sent stating when my WC payments stop. I have now found that letter in my files and will take it to them first thing tomorrow morning. like you said Bogey I think they are really paying attention to my case.Thanks again!!!!
That's good Chilly. Just keep good records of everything you give them and copies. They did the same to me. They refused to release my back pay until they conducted a second check to see if I ever received workers comp. Good luck. Hope you don't end up with files of social security reports. Don't forget to vote no November 02. Regardless of you party, it's your job as an American to VOTE. To many people die for that freedom. God bless them and their families.
Chilly, I think my letter to SS helped my case, and as Bogey said, your doc needs to write one, also.
Bogey, so glad your money has started!
Mike, sounds like you need a GOOD social secirity disability lawyer!!
I hear you there Habee. Last week i was told that my file was sent for fed reveiw. Monday i called to verify and i was sent to the dds center. the case worker told me that she was waiting for my updated med records. I stated that i submitted them upon reconcideration and that it was 367 pages for the last 6 months. she stated all she received was 15 pages of the narsum for my meb board for medical retirement. so i spent 3hrs last night faxing them directly to her. Now i was unable to get them to her before 4pm when they were closed. I finished the fax about 730pm and she called me at 745 confiming receipt. Hope thats a good sign. I gave up hoping but it has weird way of playing out. Thank you guys for all your help.
I'll be thinking about you, Mike!
Yeah Habee, I think a letter from my doctor will help but I am afraid it's too late since all there waiting for is proof that I do not recieve any Workers Comp, I'm going now to take them that letter although I will ask my Dr. for this letter anyways hope it's not too late I think I've done as much as i can to support my case I wrote them a letter as well just like you recomended.I really think my Dr. visits went well I hope the outcome is in my favor.Thanks again Habee!!
I really hope so, too, Chilly!
Hi everyone, it is unbelievable what I am reading. It should not take this long. Well I look forward to hell, when I go for my very first appointment to apply on nov 3rd. I have migraines, ruptured discs in my neck and back, carpal tunnel, depression, and anxiety. We will see how it goes.
Hang in there, Lisa!
Thanks habee
I am 51 so maybe that will help a little.
How old are you Lisa. It's a stupid question but to social security they use age against you. Good luck as well.
Sorry Lisa. I saw you 51, that's a good thing. What type of work did you do before your injuries made you disabled?
You name it.....Cashier, Receptionist, Inspecting, Sewing, to Production line. And on top of everything, today I had an eye appointment. They told that there is some kind of blockage, and I may have to have eye surgery. Hopefully all goes well on Nov 3rd.
Hey everyone Just an update.
Oct 26 i had faxed a letter from my Phyciatrist to the same case worker. I was unable to speak with her but called today the 29th to verify that she received the statement. Had to leave a mesage. I just received a voice mail (weird phone didnt ring) so i was busy a little so i forgot. 30 min ago i saw y phone blinking and said oh voicemail hesitant to Rush and listen to it, bill collectors, family, a naked Unicorn from my dreams asking for a second chance, you name it.
So i checked it. To my surprise it was the case worker. Hell Mr. NUTCASE, yes i did receive your statement from dr. TooMuchMakeup. I also wanted to inform you that a decision was made on your case on the 27th (1 Day after Dr. Letter) and you will receive a letter within 2 weeks. Hmmm i said, so i dropped the phone a little disgusted but faintly heard the message still going. So picked it back up. After that she stated that my case has been sent for review , reason being that the initial decision has been reversed and just to make sure that there are no mistakes as it is their procedure. I will hear something at 2 weeks may be sooner but just to hang in there for 2 weeks more. I dropped the phone in amazement. Listened at least 10 more times.
Still not gonna get hopes up to much but I know they cant tell you what your decision is and she seemed really confident of that it will be ok. So keep you all posted on the future outcome play by play as it happens. Thank you all for your help guys.
First Lisa that's good. Not to put you down but you half reduced social securities options. The higher your education B/S, Masters and other degrees give them more positions to try and place you. As far as RX6Mike, that sounds good. Trust me social security reviews everything over and over. Hope they get it correct. Hang in there. Lisa did you work most of your adult life. What I mean is I worked the same job for 20 years before getting injured. It looks better for you but it's not a written rule. As long as you worked long enough and have the credits your ok.
Yeah, I should have enough credits. Hopefully everything goes well.Thanks for the information.
Well just waiting for DQB to return the decision. SSAFO verified that it was approved but has been sent to DQB in Atlanta for reveiw.
Been the starting 27 Oct. Just wowndering how long it will be there for the DDS caseworker told me 2 weeks SSAFO told me 2-3 months.
Tick-Tock...
Not to make you worry more but that's where my file was denied in Atlanta under review. Approved in my State then denied by some jerk who never spoke to me, examed me or talked to my doctors. The person just wrote my condition will improve and I'm young enough to do something else. I guess he and his ego have had to pull his foot from his mouth, since I not only didn't improve I had additional surgeries since his expert opinion. Good luck RX7Mike. All they want is to screw you. Thank god for hearing judges!!!
I just applied for SSDI about a month and a half ago. They told me not to expect any word from them for 3 to 5 months. This information was very helpful and I thank you.
I just applied for SSDI about a month and a half ago. They told me not to expect any word from them for 3 to 5 months. This information was very helpful and I thank you.
Lambservant, it depend on which city-state your in but you should contact them within a month to check on the status. Monitor everything, keep copies, names and dates if everyone you speak with. Most will say anything to get rid of you. Once in a while you will get someone who wants to help you. Never the less, do not trust anyone at social security. Keep us advised, this site can help in many areas of the disability process. Good luck with your health and you case.
Hi, Lambservant! Hang in there!
Bogey, how ya been, pal?
Ok. You changed your photo. I start physical therapy on Monday. Thank god I still have my Avmed since Medicare only covers 12 physical therapy appointments a year. What part of disabled does the government not get. Since getting Medicare I've had more problems than it's worth. What stinks is I pay for Avmed and I'm forced to use Medicare as my primary. One thing after another. Twenty years with Avemed, never one problem. Two months of Medicare, one problem after another. Bills being denied, medical procedures not covered and now physical therapy problems. Yet they were quick to take my co-payment and deduct a portion of my benifit each month. I thought Medicare was going to make things better. I wish I never had it. My Avmed is much better and covers everything. Oh well. Once again I see why most people don't want government run health care. I'm disabled and my family has better health care then me. I pay two deductables and for both Medicare and Avmed. Something is wrong with this. Well nothing I can do now. Hope you have a nice Thanksgiving, it just a few weeks away. Take care Habee and I'm trying not to complain too much, I just thought Medicare would help and the bottom line for me is It cost me an extra $1,600, a year and it has caused more stress so far than it's worth. Oh well, take care and keep posting.
Excellent hub filled with lots of useful info, thanks. My nephew, whom I'm raising now, has an emotional disability and I'm quite sure will be unable to maintain a job. This coming summer will be a test regarding this. I'm hoping he will be able to find work so that I can monitor what the results are before pursuiting a SS Disability check.
Bogey, sorry to hear about your troubles. I hope you and your family have a blessed Thanksgiving!
BTW, the girl in my avatar pic is my middle daughter.
Denise, I wish you the best of luck!
I think I got my Medicare/Avmed problem resolved. It is crazy how Medicare managed to screw me up in less then two months:). I have had various private health insurance companies over the past 22 years and still have Avmed for my family and me. My Avmed is not a supplement it's a real policy and now Medicare makes all my health care decisions. Wow! Anyways Avmed stood up for me and told Medicare I can choose and they will continue to provide for me since my policy is self funded not supplemental. Man! I have been going back and forth since September. Well I hope anyone who receives Medicare doesn't go through this. So enough of that. Happy Thanksgiving to all!!!
Glad to hear that, Bogey. I hope you and your family have a blessed Thanksgiving!!
I don't want to see anymore turkey for another year. I always eat until I feel like I'm going to explode. Then just to make it worse, I add more and then have pumpkin pie:). I'm not going to eat for three days. I hope everyone had a safe and Happy Thanksgiving. Now it's 5 days and nights of football. Life is good. Well at least this week is:). Now it's time for a Christmas Tree.
Hi, Bogey! My tree is up, and I have almost all of my shopping done!!
Hope everyone is doing well. I'm sure it's cold in Ga. Habee because it's cold in Miami. We are wimps down here. It gets below 60 and you would think were in the North Pole. Well just wanted to say hello to everyone and hope everyone enjoys the holidays.
Howdy, Bogey! It's been in the 20s here about every night this week, and Wednesday we had a few snowflakes!
Hope you and your family have a wonderful Christmas!!
Is it true that some states are easier to get approved in then others? I wouldn't think so since ssd & ssi are federal programs, but I have heard this several times so I'm curious if it's true...
~Michelle
Msheza, that's what I've heard from others. It also depends on which worker your case is assigned to.
Maheza, I wouldn't say states are easier I would say the process is faster in some states then others. Every state has social security offices set up around each state. Some are very busy, so the waiting period is much longer. So it is actually different from city to city. The actual standard is the same. If you meet social security's strick standard of disabilty you will get approved. The bottom line is it's a federal program that is dirrerent from state to state and even worse from city to city. The difference is longer waiting periods because certain city/states have larger populations to assist. Good luck, hope this helps.
Bogey, how are ya? Hope you had a great holiday. Hope your 2011 is a lot better than your 2010, too! lol
Still here fighting with Medicare or Medi we don't care. Everyday I get another bill that they denied. Thought I had this resolved, I guess 2011 will be a new fight. That's ok, I am the little train that could. Well to everyone dealing with social security good luck and becareful with Medicare. Hope everything is going well for you Habee and stay warm this crazy winter.
Hi, Bogey! this really is a crazy winter!
Habee it was 85 in Miami yesterday. We have been lucky this January, it has been mild. November and December was crazy. We had ten days where we had ice in the morning. We haven't had ten days of ice in the last ten years. You guys from Ga. North are living in a winter wonder land. Six more weeks until spring. Most of our farmers lost their crops in November/December. Well good luck and stay warm.
Hi, Bogey! It was 80 here yesterday. I love it!
Hey Habee, Bogey and others. I'm a 41 year old male who drove tractor trailers from 1996 to 2006. I live in Ohio. I applied 2 times meaning going before 2 alj,s. The 1st was a video hearing in 2008 and the second was just 1-7-11 here in Akron, Ohio and even though the VE said I couldn't work, I was denied. The judge is 1 of the new judges that they just hired here in Ohio to deal with the backlog problem. They just put 2 new hearing offices in Ohio, 1 being in Akron where I am and the other in Toledo, Ohio. Anyway I was denied. 1 problem is probably that I used a firm who tricked me saying they were in Cleveland which is like 40 minutes from Akron. Also I never met with an attorney in person until the day of my hearing. What the "Cochran Disability Firm" did was hire an attorney from an entire different firm to represent me, the day of and 30 minutes prior to my alj hearing. Come to find out this attorney has only been an attorney for 2 years and he hardly said anything at the hearing. I have appealed to the appeals council thruough a local social security disability firm and will be filing all over again in March. These women are known for doing the impossible with ssdi/ssi and I wish I would have used them all the long. I have hepatitis c, osteoarthritis in the left knee, chronic groin pain (in pain mngmt over 3 years), sleep apnea (c-pap) machine, major depression (keeping all my appts. since 2006), bipolar 1, and severe sleep disorder. My meds are methadone(for pain mngmt.), I took interferon and ribivirin for 6 months to see if my body would rid hepatitis c and it didn't so my gastronologist said to continue on it is useless. I take Wellbutrin and Buspar, Lamictal, Remron, Geodon, Trazadone or either Ambien, all which are and have been prescribed to me for over 4 years. I have found out that is extremely important to have your mental health psychiatrist fill out an RFC and have your regular family doctor to schedule an RFC as well. I've heard this is how some people win on the 1st try because social security don't care about just DIAGNOSES, they want specifically the RFC forms which they will never tell you about. I feel pretty good about this new law firm because they gave me a professional folder/packet which included the RFC forms and my psychiatrist has already filled 1 out, and now I go on March 15 for the physical RFC. I wish I would've done these things before. Well pray for me that I won't have to wait as long for an approval. God Bless Amnerica, but more importantly, "America Bless God!" I can be e-mailed at allen_aur@yahoo.com.
I hope your correct.
Allen, stay strong! My prayers are with you.
Good to see you again, Nicky!
Bogie......after seeing everything you went through, I see I may be in for a long haul. I am almost 60 and applied for SSI a year ago. I have glaucoma, rheumatoid arthritis, COPD, and suffer from anxiety. I am on oxygen 24/7 and have already lost my night vision. However, I was denied in December, 2010 and immediately filed an appeal. My problem is that I had lost my job in 2008 and the only medical treatment I get is at the ER because of lack of funds. I get my meds from friends and when I moved I took my oxygen tank with me and haven't paid for it either. Also, my glaucoma isn't being treated because I can't afford it. I called an attorney who only handles these cases but she wouldn't take my case because she said there is no money in it because if I do win, SSI doesn't have to pay past months because I am not getting treated. Any suggestions?
BTW.....sorry you have had to go through so much with your case.
habee.....what a wonderful thing you started.
I got a question to ask , How much money can you have if any affects your Social security benefits . What happens if you win the lottery or your parents pass away and left you a little money would your Social Benefits gets affected?. Thanks
Rama do your homework on a local security attorney and get copies of all your medical records. Your age is going to help you. Just gather your records and get a doctor who is a specialist to document everything. Even your problems with not having the money to follow up with treatmens and medications. The bottom line a good attorney understands the system and what questions to ask your doctor. Social security will have doctors but they just review what your doctors are saying about your case. Good luck.
Gordy I don't know if having money makes a dirrerence. From what I understand it's based on how much you have earned over the years you have worked. However, I'm not an attorney and social security is always looking for a reason to turn people down. I would speak with an attorney in the social security field and get all the facts from a professional. Allen I'm sorry to hear your situation. So many social security attorney groups are full of sh t!!! I was in a situation like yours but I changed attorney groups before my hearing date. The only thing I can say is getting one judge to rule over another judge is tough. Also you will go before the same judge that denied you on you new hearing if you get one. The bottom line is don't give up. If you have to have your new attorney help you start from the beginning and file a new disability request. It sucks and will take a while but don't give up. Hopefully you will win your appeal and go forward from there. Best of luck.
Allen also your 41 years old. That's the same age I was when I became disabled. Social security loves to denie people under 50-60. Your conditions are more then enough to find you disabled and the VE was on your side. Remember with social security it's 8 hours a day 40 hours a week. You just had a bad attorney and the judge probably never received all your medical information to review. If your new attorney group is good they will get the proper medical documents to the judge in the order judges want them. Those little things make a big difference. My attorney told me judges like things certain ways. That's why a local attorney who knows the judges is very important. Again good luck.
Thanks for all the information on this hub. This can be very helpful to everyone out there with disabilities. Though more research should be done to clarify the questions that people have been debating about.
@DuPuy. It is tough to answer some questions because each state, hearing office and social security case worker is different. Social security has a web site with rules and a list of automatic impairments but they don't follow those guidelines. The problem is we have a Federal program run different from state to state and city to city. In addition, some hearing officers/judges have very high approval ratings and some have very low. It is far from a perfect system. Just watch day time TV and see all the law groups advertising to help you fight social security.
No new posts, hope things are going well for everyone. I check this web page several times a week and I'm sure Habee checks as well. Take care everyone.
I'm hoping someone can answer my question. I applied for disability in January and got my approval letter two days ago.
It states my checks will begin in August and that first check is for July?
Will my SSI come sooner?
Thanks?
@ Bogey99
Social security is not looking for ways to turn people down.
If they get turned down there are several reasons why.
You have to have an ongoing record with Doctors visits, hospital stays etc.
You can't go to the Dr. once and be diagnosed with something and then you decide you're disabled.
There has to be a history!
Also, it depends greatly on age.
If a 42 year were diagnosed with the same thing a 55 year old was diagnosed with, more than likely the 42 year old would be denied but the 55 year old would get approved.
WHY you ask?
Because a 55 year old will retire in 7 years! A 42 year old can be trained to do a different job. The 55 year old really doesn't have the time left to be trained with a new career.
Lastly, you may think you are disabled but they have their guidelines they must go by.
I know a person who needs a liver transplant. She has been denied several times. She goes out, she drives, she is active and so on.
In her mind she is disabled but in reality, she needs a liver.
If she doesn't get that liver, yes, eventually she will die but at this time she is not disabled.
This of course depends solely on the disability.
People without a limb claim to be disabled and I see a young man in a wheel chair working at Home Depot.
He has a DISABILITY but he is NOT disabled.
@DuPuy. Check your local office. I recevied my monthly SS first then my back pay or lump sum. My back pay was held because they double checked that I was not receiving worker's comp or returned to work. Also they paid my Attorney before me.
@Tegal. Believe what you want. I have thousands of people who fight for what they deserve because social security has it's own standards. They turn disabled people down because of age, those were your own words. Disabled is disabled, what dose your age have to do with that fact. They do it over and over. The fact that you can be trained to pick tickets at a movie theater when your a trained firefighter is just great in social security's opinion. That's BS. I had 8 different doctors 2 surgeries, over 10 medicial procedures, MRI's, CT's, tests, physical therapy and was found disabled by my jobs retirement and Met Life. I had the same job for over 20 years and lost over 100 thousand dollars becoming disabled. I understand social security handles tons of cases and they just want to move cases but help the people who deserve it. I'm not on this site because I'm not receiving my disability and angry. The system is wrong. Age is a major consideration and it shouldn't. You are disabled or you not yet social security will do anything to find a way out in too many cases.
@Tegal. Believe what you want. I have thousands of people who fight for what they deserve because social security has it's own standards. They turn disabled people down because of age, those were your own words. Disabled is disabled, what dose your age have to do with that fact. They do it over and over. The fact that you can be trained to pick tickets at a movie theater when your a trained firefighter is just great in social security's opinion. That's BS. I had 8 different doctors 2 surgeries, over 10 medicial procedures, MRI's, CT's, tests, physical therapy and was found disabled by my jobs retirement and Met Life. I had the same job for over 20 years and lost over 100 thousand dollars becoming disabled. I understand social security handles tons of cases and they just want to move cases but help the people who deserve it. I'm not on this site because I'm not receiving my disability and angry. The system is wrong. Age is a major consideration and it shouldn't. You are disabled or you not yet social security will do anything to find a way out in too many cases.
@ Bogey
Yes, I said SS turns people down who are younger! WHY? Because they are not disabled. They can be retrained. Big difference.
If a person say 42 years old was a rocket scientist, they wouldn't expect that same person to take tickets. They would be trained to do something that would pay the same as what they were accustomed to.
Tegal did you go through the entire process, appeals and hearings? I did. My attorney is a retired social security judge. You don't know what you are talking about. If they can find any work for you they will find you not disabled. Even if that job does not exsist in your living area. The higher your education the more work they will try to find you. What does that have to do with being disabled. I had my hip replaced, eight screws with two rods in my back. For two years I have been under doctors orders not to lift, bend or twist. I was in bed for almost four years and taking medications that says avoid driving. I was denied. Funny when I went before a hearing judge she took about 5 mins to find me disabled and she had a doctor sitting next to her. She said I was disabled for the day I was injured. She also said she was sorry social security did what they did to me. This site is to help people not debate the system. I know there are more people who agree with my view then yours. I'm happy you won but a persons age and education should have nothing to do with being injured and disabled. Yes some people can still work but work means 40 hours a week 8 hours a day. Most cases are denied by case workers with no medical experience and they are just paper pushers. I do understand some people are just looking for a free ckeck but a case worker with investigation skills should figure that out. To answer you social security will find any job for you. They don't care about the pay difference. You are so wrong. Ask any social security attorney. If you can clean widows you can work. They don't care if you work for NASA before building rockets. The vocational experts will try to place you anywhere.
Thanks, Rama. My prayers are with you!
Depuy, Bogey is right. So much depends on the state, the office, and the individual case worker. I realize that seems odd for a federal agency, but it's true.
Teagal, Bogey is right. SS isn't concerned with your former income. If you can do ANY type of work, they consider that you're not disabled.
As for SS looking for ways to turn you down, I think that's often true, too. I have a friend who's in the process now. All her docs, including an otrhopedic surgeon and an orthopedic hands specialist have documented that she has severe damage in both hands, along with other problems. In fact, the hands specialist said her hands were, and I quote, "totally destroyed." There are x-rays and nerve tests to back up the findings. SS sent her to an osteopath - not even an MD - who said there was nothing wrong with her hands. The osteopath was THEIR doctor. Doesn't that seem a little suspicious to you?
I don't think all SS offices and all SS caseworkers are like that, however. I think that's one of the confusing aspects of SS - the consistency. It often seems that there are no "hard and fast" rules. I know of a couple of folks who got their SS disability approved easily, yet they seem healthy, while others who are genuinely unable to work are denied.
I've enjoyed reading this hub and congratulate those who have been successful and wish those still going through the process all the luck! Here are a few of my comments and observations regarding the Social Security Disability system.
I'm a 39 year old female living in....you guessed it...Florida! I was approved for SSDI in 5 months on the first try, without an attorney. I don't want to get into specifics about my medical conditions but I was born with a hereditary disease that affects my musculoskeletal system. The disease has progressively gotten worse over time. I have a college education and have mainly done sedentary work on and off throughout the years holding my last job over 5 years. I've always had chronic pain but it has intensified over the past year and pain medication has been somewhat ineffective for various reasons. My ability to accomplish basic household tasks has diminished greatly, although I am still able to so some household tasks with modification.
People think if they meet a listing in the SSDI "Bluebook" they will automatically be eligible for SSDI. That is only part of it. There is a 5 step process but many applicants only need to get through the first 3 steps. The SSA website outlines all the steps quite nicely. In order to be approved for SSDI you not only need to have a condition in their "Bluebook" but that condition must limit your daily activity to the degree in which you cannot work an 8 hour day 5 days per week. You also need to have a history of obtaining medical care.
Here are my tips on applying for SSDI (I think SSI is harder to get).
1. seek consistent regular medical care for your conditions.
2. visit several specialists for 2nd and 3rd opinions.
3. save all your medical information and keep a calendar or spreadsheet as to when you visited each doctor.
4. Apply online. Do not rush the application process to get it done quickly. Spend a few days or a week on it. You can save your work and go back later to fill in more information.
5. Be honest. Don't over exaggerate or underplay your conditions.
6. Be consistent. ALWAYS!
7. Do not leave anything blank! Print copies of everything you fill out for your records.
8. Make it easy for them by providing all your doctors names (not just your primary doctor but anyone you have seen even if it was just once). Include addresses and phone numbers. (I did not submit any medical records myself, just the names, dates, addresses, phone numbers of ALL doctors from the past 15 years!)
9. Read through the SSDI policy thoroughly on the SSA website prior to applying even if it takes you a couple of weeks. Take notes!
10. THIS IS IMPORTANT: When filling out pain questionnaires or any other questionnaires that relate to your ability to function in daily life be concise and give examples. Do not be vague in your answers!
I hope I told you something you didn't already know!
Good luck and be well!
Floridagirl2011
@Floridagirl2011, thanks for your advise. Every bit helps. Most of us are not here to bash social security. We just are cofused as to why they have set rules and a five step process but in so many cases they don't follow it. In my case I meet 3 areas of the list of impairments but I was denied. When I went to my hearing the judge and doctor present looked at me and said we are sorry. I don't want other people to suffer for years like I did. Social security sent me to a childrens doctor, I have a spine and hip condition. The social security doctor wrote that she performed tests that would have been impossible for me to do since I was two months post op for a hip replacement. I don't want to call a doctor a liar, maybe she got my case cofused with another person. Never the less, this site is here to help and every case is different. Hope you feel better. The one thing I found out is the money is nice but it didn't make my pains go away. Once again best wishes.
Hi Bogey,
I read your comments on your case and it sounds like they really messed up on this one. That's great that it finally worked out!
I think there are some thorough and empathetic claims analysts and some that are callous and don't understand what people with disabilities go through on a daily basis. I think when you get a good one you have a better chance of being approved the first time around. It's a real shame it has to be this way because I understand the stress of fighting the system as I repeatedly have to do with my private long term disability insurance company. Stress definitely makes the pain way worse.
Maybe it would behoove the Social Security Administration to train their employees on what it means to live with a disability and how very important it is that they get their analysis correct the FIRST time they get the claimants application in their hands!
I'm sure there are people who abuse the system but overall, who would choose this life and that little check and a life of isolation at home! Most of us would prefer to feel awesome and out working and going to happy hour after work with our co-workers! I know I would!
@Floridagirl2011. Thank you and it's like I've said, this is not about bashing social security it's about getting information to people to help them with dealing with social security. Our problem is every state and city is different when deciding disability. It's a federal system with set rules and steps. It seems they are viewed different in too many cases. That is something that needs to change. My other issue is the age process. A disability has nothing to do with age but in social security's world it is a major reason for so many people who are disabled being denied. Maybe one day that can change. Thank you for your reply and good luck with your health.
I have been turned down twice and now waiting for the hearing hopefully this summer. I have a disability attorney and I am 55 years old. I have chronic lower back pain, including a degenerative disk and arthritis in the lumbar and neck. I am also clinically depressed and see a therapist at the local VA clinic every month. I also have advanced HIV-was diagnosed in 1996. Is it true if you are 55 with these problems and have an attorney, my chances are pretty good at winning before a judge? Do you have any thoughts? My HIV MD treated me for over 8 years and was very cooperative in filling out that questionaire for my attorney and SS. I hope that helps my case. Plus I have made sure all my medical records and therapists notes are sent to my attorney. I enjoyed your article very much!
@ Paul. If your attorney is a local attorney from your area your odds go way up. Two reasons, he or she probably knows all the hearing judges and what they want and will be able to get all your medical records in order for you easier. Good luck, your age should help you as well. Back disabilities are hard cases to prove but you have other issues as well.
i have a lawyer helping me with my ss i have been denied twice i have osteoperosis, astma, my neck and back are curvered they call that scolosis and someone told me that the third time is the charm i also started a new application i just wonder do you think i have a chance
Rhonda there is no guarantee. If your attorney is a good social security attorney from you area you chances are better. He just needs to prove you can't work an 8 hour day 40 hours a week. Your medical records must support this. At the Hearing a vocational expert will try to find some type of work for you. There will also be a social security doctor. This doctor will review your file and the judge may ask the doctor questions. The judge and this doctor work together on medical cases so the judge will put more credit with this doctor and your doctors then the original social security doctor who saw you when you filed your case. As far as a new application that's just going to make your case start over. Are you sure it's not an appeal? Well I wish you good luck.
Wonderful article. I tell the parents I work with to keep a copy of everything. Make a copy of your copy for Social Security but don't give them yours. The workers there really are overworked and underpaid. Anything that can be brought in by you saves them time in making determinations. Of course if you can get the documentation yourself. I have some parents of children with disabilities that need help doing that.
@Mylindaelliott. I can't express how making copies and keeping of all your medical records, films, MRI'S and Doctors notesc is so important. I made a file and take it to all my appointments. First it helps me fill out the doctors information reports because all my medications are there and every test ever conducted is available for the doctors. Some of my doctors have even made copies of my file to add to their file. I also request a copy of my doctors report after every visit. That usually takes a few days and sometimes they charge me for copies but it's worth it because social won't pay for copies or over look some doctor visits. After my surgeries I requested my sugeons reports as well as the hospitals reports. One reason is so many doctors see you in the hospital and your on so much medication, you can't
remember what treatments you received. Now these reports are expensive and 90 plus pages
but again worth every penny. One last point, make sure your honest with your doctors and
your main doctor believes in you. On my last visit, I told my Nuroligist that I don't understand
why some days I feel ok and have energy to do things then I have days where I can't do
anything. His response to me was, that's how I know someone I'm treating is being honest.
He said, when someone tells me they can't do anything and they are always in pain he feels
they are not being truthful. He said it's normal to have good days and bad days. On your good
days you will do to much and cause your bad days. This made sense to me and made him
believe in me. Also having true medical evidence, Cat Scans, MRI'S, Physicaly Therapy,
Medical Treatments and Surgeies. They can't be disputed. Just keep copies and make sure
social security has a complete file. When I went to my social security hearing my file was
incomplete. My attorney knew how to prepare my file so the judge would accept it and make it
easy for her to review my entire medical history. I guess my main point is be organized and
don't expect anyone to gather you records for you. Your attorney will but he or she will charge
you, so if you already have the records all they have to do is make copies.
I just want to say that I hope none of you ever give up. Please get a lawyer that you trust and keep fighting for what is right.
Thanks for this insightful article. I have a friend who is fighting this battle right now and I'm forwarding your hub link to him. Good information.
Excellant Hub and great Information. I'm retiring and wasjust approved for Plan A (Hospital Costs),B (Dr Visits and thier Charges)and D (Precriptions) Medicade covered B and D. But it seems the Goverment is going to change the entire Program even though most of us paid for it over the years we were employed. I hope one day they find themselves standing in our line at Social Security.
To anyone with Medicare or Medicade check you area and look into supplemental policies. It me be a few extra dollars a month but one stay in the hospital or a condition that requires expensive lab tests could cost you thousands out of pocket. I have Avmed and Medicare parts A & B. My Avmed covers prescriptions and everything Medicare doesn't. My friend only has Medicare parts A,B & D. He had some health issues a few months back and he ended
up with thousands of dollars in bills.
Anyone know of a disability attorney in South Florida?
Lyle Lieberman, 305 358-0115. He is a former Social Security Judge. He has a reputation of only taking legitimate cases. He is very fair and has more experience dealing with the system then any attorney in South Florida. I don't get paid to refer attorneys, I'm just here for advise. You can say you received his name form this site or David Cohen. He was refered to me and it was the best thing that ever happened. I had a previous attorney group and they only wanted my money. I'm sure he has a web page. Good luck.
Great hub! I am awaiting a decision on SSDI now. I am currently on long term disability from my employer. I have high blood pressure, dilated cardiomyopathy, arthritis in my spine, carpal tunnel syndrome, migraines, numbness in legs and feet when I sit as well as major depression and anxiety disorder. This is my second time applying for SSDI and I did get a lawyer this time. I should know in about another month so wish me luck!
I just applied for disability a week ago. I think I presented my case well but there is always a little doubt. This is a wonderful site and so helpful.Thanks for starting it and sharing your experience with all.
Good luck Stayingalivemama and Aunt Louise. Fight to the end and beyond!
thank you so much for this article. I am going through a similar situation (neurological, chronic pain, blood pressure, etc) and it has been helpful to read all these comments and get very helpful information. starting the process for disability benefits has been challegning so I decided to get some help. i just started working with HFI advocates and so far they have been terrific. Best of luck to you all and stay strong!
booohooo, they denied my SSDI, I guess I have to be barking up a lung to get it......
and yes...i'm appealing it....3rd times a charm!
I just filed about a month ago. Medical records were too old. I'm filing for mental health problems. They sent me to have a psychological test done. She told me at the very least, she thought I'd get a medical card. Just wondering if they will send me to any more doctors or if her report is in my favor, will that be all they need? Do you automatically get a medical card if you are approved? I know I really need help but I'm in a small town and there are no free clinics here. Hoping I don't have to get an attorney but seems every one else does.
i was just denied ss today. i am beyond upset. i'm 32 and in the past two years have battle thyroid cancer and stage 4 breast cancer. in my breast reconstruction surgery they found more cancer in my chest and the operation became 16hrs instead of 10 which lead to nerve damge in my whole left arm. so, now i'm back on chemo again (and have major chemo brain) and messed up on narcotics to lessen the nerve damage pain. how was i denied? everything is documented in my medical records. ss sent me to their own doctor to discuss my mental confusion and her questions were ridiculous: who is martin luther king jr? who was sherlock holmes? i answered honestly and correctly. there is nothing wrong with my long term memory. i'm becoming depressed.
habee & Bogey99,
Thank You for the excellent reading and for helping others fight SSA/SSI. This is the best site/page I have been to, per SSA/SSI. Excellent advice, and loads of important information, regarding SSA/SSI. Very Very helpful, but SOOOOOOOOOO much NEEDED. I too, fought many years per my SSA. I had to file an appeal, then another appeal, then go to the SS Office, as they too, lost all my Records (From their hands to the trash can so to speak). I too, denied over four times. I did find a SSA lawyer in the San Rafael area. The best SSA, lawyer to date, in my area. SSA case 1991 ~ to present, I have received a Beautiful Christmas card from my lawyer. I send him one as well. So Blessed with him, for all he's done for me. He goes up and beyond ~ to help many many Disable persons. Everything you have stated, I too, have been through. At times it can be very VERY Unbearable, Stressful, Emotional, etc., list goes on!! Feel as there's no light at the tunnel. Again, I would like to THANK YOU, for all you do for others. I love this site/page. You have what most people don't and that is HEART!! I will log off line for now. Have a peaceful, enjoyable, and stress-free day/year : ) Much Respect to you and yours. Thanks AGAIN : )
nokomis57
Hi, Bogey! How ya been? I've been kinda out of the loop. A chest x-ray showed fluid around my heart, and my doc thought for sure I had congestive heart failure. An echo shows that I don't, but the docs still don't know what the fluid is/was.
Thanks, Paul. It sounds to me like you have a strong case, but you know how it is with getting Social Security disabilty approved. Just hang in there!
Rhonda, best of luck to you! Keep us informed!
Mylinda, thanks for your response and tip!
Marc, good words to live by! I've heard of folks being denied Social Security Disability and giving up much too easily. That's easy to do, especially when you already feel bad and are in pain and under stress. That's when a disbility lawyer can come in very handy! lol
Peg, thanks for passing the info along!
Amez, that would be really fair! Some people don'tunderstand how frustrating it is to want to work but can't.
Stayingalive, don't give up or lose heart. Let us know your outcome with SSDI!
Aunt Louise, you're more than welcome! I'll be praying for your good news!
Meg, sounds like you need some help! Stay strong!
Dazee, I'm sorry, but I don't know the answer to your question. Maybe Bogey will stop by and address it!
Frustrated - that's terrible! I can't imagine how you were denied Social Security Disability. If you're denied on appeal, get a disbility lawyer. Good luck!
Still here Habee. Hope your health they figure it out. I had something similar in 2008. They found a spot on my lung before surgery. Had cat scan, they sent me to a Pulmonary doctor. He said it may be cancer. Had to wait six month for further tests because my insurance wouldn't pay because I was not a high risk patient. I didn't smoke. Well six moths later it was still there but it didn't grow so I hand to come back in a year. Again, because I'm not a high risk patient. Well in the beginning of 2010, cat scan and ex-ray taken and the spot was gone. All that stress for nothing. Thank god!
Dazee once social security approves you you will receive medicare within a couple months. It's the first thing they send you. As far as the doctors, they tell everyone they are going to approve you because they don't want a fight inside the office. Try to get copies of your records and doctors statements. Keep a file just in case your denied you can go see and attorney and file your appeal. Remember you only have 60 days to appeal. Don't give up! Keep records, and keep seeing your doctors. If you don't have insurance go to the hospital. They have to treat you and they keep records.
To those who were denied, I know how you feel. I was approved, denied and denied on appeal. Get an attorney! My case before the Hearing Judge lasted ten minuetes. I was finally approved after almost three years. Just remember. Social security violates it's own rules. That's why 70 percent are approved at the hearing level. If you have a condition that is likely to last twelve months, lasted twelve months or prevents you from working 8 hours a day 40 hours a week. You are disabled under social securities definition. Keep fighting and good luck.
If they deny my claim, I plan on hiring an attorney. Does anyone know a good one from the northern part of West Virginia? I'm 50 miles from Pittsburgh. Where they sent me was not really a doctors office. It was a psychologist office. The place seemed to do testing for employment too. I didn't really question them about that though. Someone on another forum told me that the psychological test will have no bearing on my claim and they will deny me. I don't really want to go into everything that is wrong but it keeps getting worse.
Just wondering if you know if Social Security will provide me with a copy of the report from the psychologist?
Adam......I started punching a time clock at age 14, I wouldn't wish my problems on anyone, so I hope you never have to walk in my shoes.
Adam,
Let me first say that I am clenching my teeth right now to hold back the rage I am feeling at reading your comment. So let me do this nicely...I have "punched at time clock" as you say since I was 15. I have always worked, I have always been able to make ends meet. NOW, I am diabled...yes, I suffer from depression, anxiety, arthritis, carpal tunnel and a heart condition with an uncontrolled irregular heartbeat...oh and did I mention that I have asthma and COPD?
Well, I have applied for disability twice and THEY don't think 'm disabled..Never mind the fact that some days (like the last two days) I couldn't even pull myself out of bed, or that I have panic attacks..or that I have shortness of breath when I walk, even talk. How DARE you say that I and others are trying to soak up government funds. Do you REALLY think that I would rather be at home supporting my family with $18K instead of making the $35K I had earlier this year.
I hope, yes, I really hope that you don't get into a tragic accident and not be able to go back to work, or that someone you know is suffering from a mental disease and can't get the help they need. Hey, better yet, let's hope you don't give any pep talks to disabled people at all. Uh, well, best of luck to you...I think.
Oh Adam, I am so sorry for you. I pray that neither, nor a loved one ever find yourself in need. It is sad that so many vital people get struck down by a debilitating situation. What is mor sad is the people that are so calloused they have no compassion. I understand there are people that take advantage, but to take down those in need that deserve help is inexcuseable. There is a God, and I hope He shows you more compassion and understanding than you are willing to extend to your fellow man.
Adam sounds angry. I have all of the aforementioned illnesses Adam. You can also add Renal Cell Carcinoma of the left kidney in 04, Non Hodgkin's Lymphoma (they tell me I won't survive this one) 05, precancerous mass in 2000, not to mention the number of illnesses I have contracted from taking care of people as an RN for the past 35 years. I haven't even began to tell you of all the problems, illnesses and disorders I have , bowel resection due to cancer last year and 4 days later a cerebral hemorrhage,followed up with a large arachnoid cyst found on my brain that has been causing lightheaded episodes and falling, since a week after the nephrectomy breaking right ankle, a month later left tibia and fibula came through the leg when I broke them.
I have sat and cried, despaired, prayed, comforted ,and attempted to make each of my patients laugh at least once a day. I have had more bosses tell me on admission,"this one is a VIP or Medicaid" only to hear me reply "They'll get my best as always, don't care if they can pay cash or never pay" My job was to give the best to EVERYONE.
Next to my family nursing was my great love.I never dreamed it would spiral out of control as it has. I fully expected and looked forward to making it to 66. I worked for the last 13 years with all of the above,and with the exception of Chemo,hospitalizations, a high fever or couldn't walk did I ever miss work because of the pain.
I am 62 years old and my time is limited.I asked my doc to change all the many medications I am on daily to ones that will cost the least and do the as good as they can.
We are very frugal and were raised that to be just that. I am grateful for my life , yes grateful because I now have more compassion for others much worse than me and even those not as bad as me.
You don't seem to understand if you have earned a living all of your life as a secretary, and you have carpel tunnel in both hands, it's hard to relearn a new job at a certain age.
I hope you will always be healthy but I have an idea you aren't or why would you be on this site. If you are in need I hope and pray you get help but please don't judge others. You have no idea what their lives are like unless you have lived with what they have.
If you are a young man you have a real surprise in store for you, if you are older, then shame on you.
Seems Adam is just angry at the world. Yes there are lazy people who want a free check. This site is to help people who are disabled and once made a living working and paying taxes. I went from working and earning well over a $100,00.00, a year. Why would I want $2,500.00, a month? Take your anger to another web site. We are here to help dialed people not scammers. To all who need assistance or just to vent, we are here for you. God bless you and America.
Guys, I removed Adam's post because I, along with others, felt that he was being disrespectful to the group.
I welcome constructive criticism, but I felt his comments were out of line.
I was receiving SSDI and about 7 years ago I went back to work. I was making over 60k but I can't do it anymore and have been out of work for several months. Will the process be easier to this time if I apply again?
wow, i was just reading alot of your posts.... first thank you "Habee" for starting this site... what a blessing... as others said, wish i had seen it months ago :)
and also hats off to "Bogey".....You two make a great team !!!
WEll, my question is, i applied in jan. and didn't know much about ss. I thought like others, i have so much against me, there is no way I would be denied. NO way... Prayed every night.. I received my letter in June, leary to open, and I did, and I saw the words, " disapproved claim"... OMG... I fell to pieces !!! when friends of mine had gotten it, and less wrong with them.. i was devastated... I drove to my daughters in histarics, b/c i knew my husband would flip... I was beside myself... basketcase, lol..... Worked all my life age 16 to 50 1/2. Never asked for a penny from any gov't... WEll my question is, i do have a lawyer now, but she is slowwwww... i do have the proper documentation, and have a huge notebook full of all my info, i request copies of all tests, i have all dianosis, and there meanings, and how they affect me, and i appealed it that night... so how long will this appeal take?????? i used up all my available funds... except a annuity thru a pension board, that even my lawyer could not touch for me. never get a annuity... rock solid to touch, even clark howard says that.. i thought about going over my attorney and taking my last test results to ss office... good idea or not??? as i read that they will expedite your claim if u have proof and provide all info and a letter.. please answer..... thanks for a great site............
Sophia the appeal system is based on the area of the country you live. In South Florida it was about 18 months from being denied to going before a Hearing Judge. Your attorney should be able to give you a time line. They know how long the appeal process takes in the area they handle cases. Also is this your first denile or second. You don't see the Hearing Judge until your second denile. Don't give up. That's what they want. Your age is going to help you. You can also review SSDs web site and review the list of impairments. From what I learned, they approve over 70 percent at the Hearing Level. The first level they only approve about 15 percent. Second level 30 percent. Too many people give up. As far as taking reports to your attorney, that's fine. I sent them everything I could to save money. Your second denile is about 3-6 months. The Hearing Judge is the longest part. Good luck! Keep us posted.
BOGEY- this is my 1st denial... They skip a step in our state, i think its called "reconsideration" step... i think... but my attorney told me we would go in front of a judge.. she said some are nice, some are down right rude... she hoped we got a nice one.. me too, lol.....
my attorney was just getting all info i had already submitted myself to ss... then i was denied.. but after reading alot like uns all did, i saw alot of mistakes i made, and i did not have a dr. statement.. have you ever received a letter similiar to this one from ss...
"Please complete the enclosed questionnaires regarding your recent medical tx, medications, & work history to expedite the processing of your hearing request".....if u have more evidence to present, please submit it promplty.... this was july 8th 2011....AFTER the DENIAL LETTER...i live in pa....i do have conditions under the list of impairments... just ss thought they would not last 12 months or more. when they are lifelong, and only treatable, not curable... and not a full quality of life now....
let me know what u think of the above letter i received... that was about all it said... i overnight mailed my current updates to my attorney friday.. so they should have mon. since weekend.. and i will give them a few days... they told me a timeline of 3 months to a year... it's been 3 months now since denial... but they also gave me some falso info, which i called them on, as they do get paid, and that was a big let down of me getting a faster trial... my attorney told me that ss only expedites under 3 catagories... 1) eviction from home 2)terminal illness 3) suicidal......... but i did get that letter from ss.. (which i forgot to send to my attorney as i had met her in june)so i sent that on fri. also....... sorry so long a reply.... complicated issues ss is, huh.... :((((( please respond when u have time, and have a great weekend... you and habee should start a business.... seriously :))) ps.... backpay- is it from time u applied, or time of disability??? and do u get it all in one sum, or do they divide it up?????? thanks so much.......its less stress having someone to chat with.....
one last thing.... i am a patient person, but a very broke person, on the verge of bankruptcy for my bills... it's my other half who is not patient, and only willing to pay some of my important bills....but being pennyless is getting old, and i am used to buying things for residents i adore, and now i can't... anyhow, my question was- i have not talked with ss since denial... as i was a mess... i would like to talk to them, but this will sound dumb, i don't know what to say when i call... what do i start out with???? i know dumb question, but they make me nervous... as my 1st case worker was not thorough, and missed alot that we discussed, as it was not on my paper work i received back...
thanks again..................................:)
i want to save this hub, but it keeps saying i have no hubs saved, not sure how i do that... habee???? sorry :((((
Sophia...do they send all the paperwork back to you with the denial or did you have to request it to receive copies?
I'm still waiting to hear on mine. I am going to be 52 and have been widowed for over 7 years. I don't know if that will make a difference or not.
DAZEEBLUE- HELLO, i had to request the paperwork....i wasn't going to, until, i started reading the denial letter, and there reasons for it.. and some was not true... so i had called and asked, and they sent it.. it took awhile to get it.. but mostly it was just all the jibber i filled out on line when applying..
my mistake, well one of them, was i would call and tell them updates, but i never had it in writing...
so you should have everything in writing, make copies of all, and send it,and date it,and then your covered...then you can still call, but at least you know it's in writing, and not forgotten... my case worker forgot alot, and was hard to get ahold of.. disappointed in her...
i was told if i would of had a lawyer when applying, and had all the paperwork, then my chances of being denied were slim, due to my health... a lawyer does not get paid until you win... so they want u to win... in my state anyway, lol....i wish u luck and will pray for you....
Sophia. I did read that some states were going to skip the second stage because it just delayed the process. That's good news for you. I had to go through all the stages before my hearing date. That should speed up your case. When you get your court date your attorney will know your judge's reputation. Also you can look up your judge and see their approval rates. Don't get worried over that. My judge had the third lowest approval rating in the nation. After you go through the process you will see why. I saw a lot of people who were not disabled when I had my hearing. Women dressed like they just came from a night club. A guy pushing his wheel chair, then using it inside the building and so on. If your attorney prepares your file in order the judge will review everything. The judge will also question you and a real doctor will be in the room or listening on a speaker. As long as your doctor supports your disabilities and is a board certified doctor you should be fine. I had 8 doctors and my neurologist gave a sworn disposition explaining my condition. Social Securities doctor not only agreed he rated me more disabled then my own doctor. If your consistent with your testimony and your doctor agrees it makes your case very strong. As far as your payment. You get back pay from the time you became disabled minus six months. That's a lump payment. You also get a monthly check, based on your earnings. You may also get Medicare. My hearing was in late August and my first monthly check came in October. My lump sum came in November. They hold your lump sum to pay your attorney and any workers comp. I hope that explains the process. Your lucky about not having the reconsideration stage. That's going to save 6-9 months of waiting. Good luck. Let us know when you get your date.
Just to let you guys know. When I met with my attorney he requested Social Securities records. We found a lot of errors in the medical evaluation, missing records and I don't want to say they were liars but some of the things they wrote never happened. Even after I was approved I had to fight with my case file worker over things she said were not complete. She wasn't very happy when I pulled out copies of her errors and pointed them out to her supervisor. I kept everything. I just wish I recorded our phone conversations. They will lose your records and blame you. Just stay on them!
Sophia if talking with your attorney makes you feel better call them. They understand what your going through. I understand how you feel. I have been in your situation. It's not fun to have no control over your future. It's worse when Social Security makes you feel like a liar. Everyone has a point where they can't take being knocked down anymore. Feel free to vent here as well. Just remember your attorney is probably in court everyday. I would just leave a message to speak with them. I'm sure once they get everything from Social Security they will want to see you and interview your doctor. Just remember, Social Security takes forever to send your file to your attorney. Best question might be, have you received my file from Social Security yet? Just try to stay positive and strong.
thanks so much bogey... what exactly do you mean by "minus 6 months"..... and part of the letter i showed ya, did u ever see any like it, or have one yourself???
thanks so much for such great support.. i truely mean that.....
Good writing. This is very informative!
thanks!
i was hoping bogey or habee would answer my above question.. what is the minue 6 months, and have u ever received a letter like mine, saying to expedite... thank you........
Sophia. If you became disabled in June, you must wait six month without earning or working. So your back pay would start from December. I was injured June 2007. My back pay was from December 2007 until August 2010. They cheat you out of six months. As far as forms, I think social security has a paper mill. Every few weeks I had forms to fill out. Forms to release my medical records, forms to have my doctors fill out and forms for me. However, once I retained an Attorney they took care of all the forms. I only went to sign the completed forms. Every form they send you has a dead line. Talk to your attorney. They know how to get extensions if needed and put an end to all the unnecessary forms.
I just heard from them again, they are sending me to another doctor. An Internist for a breathing test. The psychologist added things to my list problems so I guess that is what the breathing test is from. Does anyone know what they do for a breathing test? Is it common for them to send you for a second appointment with someone?
Bogey-
I became disabled in January 2011... sorry to ask this, but how would my backpay start???
How far back will they go for back pay? Is it from they day you file? Or the last date you could work? Would they go back to 2008 if you just filed?
Dazeeblue I believe it's from your last day you worked. Sophia your payment would begin in June, since that's six months from your last date working. As far as a breathing test, it's probably like an asthma test. You blow into a device and it checks your lungs and breathing capacity. Sometimes anxiety causes breathing issues. Good luck. Hope this help answer both questions.
Dazeeblue, they will go back to 2008, as long as you haven't worked during the past 3 years. My case went back to 2007. My hearing date was August 2010, but I did not work for over 3 years. I had multiple surgeries to support I couldn't work during that period. Hope that helps.
DAZEEBLUE- I had a pft i believe its called... nothing major... u breathe into a tube, you sit in a lil booth like superman, lol.... depending on your situation, you may have to do other tests also... but nothing major....
BOGEY- thank you for being so patient :)))))) honest.... thank you............:))))))))))
Dazeeblue no problem. I hope everything went well. Sorry I haven't checked in the last few days. I had doctors appointments myself and have good and bad days myself. I try to check and review I've just been out of energy. Thank god for my I Pad or I would lose track of everything. Best of lucky to everyone and I will continue to answer any questions.
Thanks for responding. I've been living off of insurance money and am almost broke. I might get ahold of my caseworker and see if I'd qualify for a hardship claim. If not I might be living under a bridge somewhere.
Dazeeblue, do you have an attorney? Also your age plays a big part in the process. Social Security won't come out and say it but it's a fact that the older you are the better your chances. Also education gives them more options. The higher level of education, the larger job fields you fall into. It's a messed up system. That's why having a good attorney from your area, county or city is very helpful. Once you have an attorney, all the stupid forms and requests are handled by your attorney. Less stress for you. If you filed in 2008 and your appeals were on time your hearing should be soon. Good luck.
Bogey, I think I have a long way to go yet. I just filed in August. Haven't gotten the first denial yet. They are sending me to a second doctor in about 10 days. My case is just about two months old. I found one attorney online but they are over a hundred miles from where I am at. Was hoping to find one closer to where I am before I make the first contact with them. I'm 51, been widowed for over 7 years and only have one year of college. I was going to try an go back to school but most of the classes I took are outdated so basically I lost about half of the credits I had. They haven't asked for my employment history yet but they should have that. I guess I really should of filed sooner but I thought I'd get over things but that's not happening. How many doctors do you think they will send me to before they send the first letter?
I was only sent to one doctor but my case was reviewed by a doctor in another state who never examined me. He was the person who denied me. My case was approved, then denied. I appealed and it was denied again. Hired an attorney and won when I went before a Hearing Judge. At the hearing, the judge had a doctor present. He told the judge I should never have been denied and found me more disabled then my own doctor, based on Social Securities list of impairments. My attorney explained they denied me because of my age. All the reasons for being denied were based on my condition going to improve. During the process, I had major hip surgery and 3 level spinal fusion. I also had over 13 medical procedures and months of rehab. Not to mention, all the complications and medications. I also have 8 different doctors. My medical file is over 1000, pages. The judge took less then a minute to make a bench decision after asking me a few questions and consulting with Social Securities doctor. I worked the same job for 20 years, so she could see my work history. Your age will help you and believe it not finishing college will also. This gives them less jobs to place you in. Remember, if you can't work 8 hours a day 40 hours a week, your disabled. Just continue with your doctor, tell him or her what's going on. Make sure they agree and are willing to support you with forms or sworn statements. Some doctors don't like to get involved with lawyers. Also be honest with them. I have good days and I have bad days. I just can't do sustained work since being injured. I'm also under restrictions, no bending, lifting or twisting. Also because of the medications my driving prevliges were taken away. I just started driving in July but I really shouldn't for several reasons. Medication and my range of motion. Just find a good doctor who supports you and an attorney. If I had an attorney from the start, my case would have been resolved much quicker. Make sure your attorney is from your area.
Dazeeblue did you work prior to becoming disabled? Also have you worked since. You must be out for six months and be expected to miss 12 months or missed 12 months of work. Go to Social Securities web page. It explains everything. You also need to have a certain number of years worked.
I started working at age 14. Besides taking roughly 6 years off when my girls were born, I've had steady work up until 2005. That's when my problems started. I worked part time in 2008 and haven't worked since then. I'm sure I have enough years in. I'm wondering if they'll use my record or my late husbands for widows benefits. I know of someone who never worked and her husband passed away and she started getting benefits on his record the month she turned 50. If I could do what I did before, I would much rather be out there working than going through what I'm going through. I'd do anything to have my old life back.
Hello to all! Just wondering what are the "5 criteria" that have been mentioned it some of the postings.I understand what the "Blue Book of disabilities" is but not sure about the other or at least I do not remember what it is. God bless all of you who are literally fighting for yours and your families lives.It is an uphill battle and I wish for you the most favorable of outcomes.
Hi,
I got married right out of college and spent about two years working. I then had my first child. I found it difficult to work and take care of a child at the same time. Fortunately my husband earned a decent living so I did not have to work. By the time my 2nd child was in High School, I knew i just did not have the stamina to work and come home and cook and take care of my family. My lack of stamina and increasing fatigue finally was so unbearable that my doctors began testing me. Results are that I was diagnosed at age 50 with Multiple Schlerosis. I was told that I people don't get MS at age 50 and that I had more than likely had it since I was in my early 20's. I have been having treatment for my MS for the past 10 years. I am now 60. My husband is 68 and only collects SS can I apply for Medicare Benefits. My private insurance is forcing us to have to sell our home. Thank you!
do you recommed getting a lawyer first or apply on your own? My husband has stage 4 copd and hasn't worked for almost 3 years due to a layoff, and could not pass a breathing text to return to work. Will he get back money from the time he was diagnosed 2 years ago? thank you for your post. it is very helpful
hello, habee, thank you so much for this post. my husband has been diagnoised with stage 4 copd, and has been laid off from work 2 1/2 years. when called back he could not pass the breath test. my question is : should he get a lawyer or apply himself? also would he receive back pay from when he was first diagnoised 2 years ago? do they do this automatically or should we get a lawyer? thank you again for your help
I will try to answer as many questions for Habee. The 5 stages are on Social Securities web page. If you meet their 3rd stage you will automatically qualify. That's a list of impairments. The problem is there are grey areas. They use the 5 levels to determine if you meet their definition of disabilities. It's very confusing. @Donna. Every City and State is different. I strongly recommend an attorney. I didn't use one and was denied twice before being approved. I feel Social Security hopes people who get denied will give up but an attorney won't. Also, Social Security Attorneys understand the process. @ Donna May, I also recommend an attorney. An Attorney will be able to figure out how far Social Security has to go back. Remember the back pay begins six months from the last day you worked because of your disability. It's very confusing. I don't think half the Social Security employees understand it. Good luck. @ DDPace, you my only qualify for SSI and Medicade. It all depends on how many credits or years of work you have paid into Social Security. If I was you I would go to your local Social Security office and have them pull up your work history. Good luck.
i got fired because i was calling in to much, i have FM and am getting unemployement. do you know if i can apply for disability while i am still recieving unemployement? any advice would be very much appreciated. thanks
I went to to SS web page and reread the list. Now I'm wondering since I haven't worked 5 of the last 10 years, should I tell them I want to file for disabled widow benefits or will they automatically do that? I've only got about 4 years of the last 10 for myself.
Julie, I don't know if unemployement counts against you because your not actully working. Best way to find out is call them or a Social Security attorney. @dazeeblue don't count on Social Security to do anything automatically. I would run your case by an attorney.
hello all, i have been reading everything on here, great information! so my story is as follows. I am 28 today, yes i know i am young, i was diagnosed at age 8 with severe depression and anxiety problems and put on prozac and then zoloft. At age 17 I was diagnosed with manic depression after attempting to kill myself. And I ended up having to go back to a crisis stabilization unit, i was baker acted, I was about 23 this time. I managed to deal with my problems and the ppl around me (my friends) accepted them. My problems started to get worse and my mania became uncontrollable and I got fired from my job for sexual harassment on a co worker and a customer. Anyways it was last yr when my world turned upside down and I am stiff suffering today, I cant get out of bed most days, i forget to shower, eat, take care of my animals, most things i cant even do anymore. I am constantly thinking I am going to die, I am afraid to go out side in fear of dying, I actually visualize it. I see people who arent there, these images are driving me crazy. My brother killed himself in my house last yr and I keep seeing him, we were very close. I was going to school at this time to become a medical assistant and there was nothing I could do to stop him from dying. So when I went to the doctor for disability for my mental issues they said I was suffering from bi polar and ptsd. I asked him (the doctor) if I had a case and he laughed at me and said I sure do and then gave me numbers for lawyers in case I was denied which he said 80% of people were. So I saw him 3 days ago and I am now waiting. This case is going by fast, is that normal? I just filled my application out 3 months ago. And also my brother who has diabetic neuropathy they denied him and never even sent him to a doctor so why did i get sent to one? I am a lil confused on things. Habee or Bogey or anyone else can you help?
Tami the reason your on this site is why we are all here. Social Security is one messed up portion of our government. You only find out when your, sick, disabled or dying. To put it as simple as I see it. It's a Federal program with rules and guidelines. Here is the problem. Every City and State follows it's own set of rules to determine the definition of disability. The City and State then forward it's determination of you to someone who never meets you or talks to you and makes a determination on your case. Now some conditions at the beginning of the process may be closer to a determination then others, so they move along faster. Some case workers are more compassionate then others and try to expedite cases. Lastly, the region of the country. Some City/States have 3 year back logs where others may have 6 months. I hope that helps. I honestly don't think the best Social Security Attorneys know why the process is so messed up. My grandfather died in 1972, of cancer. He was given 6 months to live when he applied. They day after he died a letter of denile came in the mail. He worked his entire life until the last 4-6 months. When I became disabled I began doing research and that's how I found this Hubpage. I have heard and seen too many people suffer dealing with Social Security. That's my motivation. If I can help one person fell better about the stress and hell Social Security puts you, then I get rewarded. I myself spent over 3 years to win my case. You have a head start. This Hubpage, a doctor who believes your disabled and a list of attorneys in your area who know your doctor. That's extremely important! I wish you good luck and keep us posted on your case.
Went for the breathing test this morning. The doctor asked me my history, then told me not everyone gets a medical card and I should go talk to a priest. Never mentioned getting the medical card so I don't know what to think about this. He also said something about the community being able to help me. I've found an attorney that is local but want to wait till I get the denial. After going to this doctor, I guess it will just be a matter of time before the letter comes.
I am an 18 year old young woman, or I will be in 4 days. I am applying for ssdi because of my medical bills and the fact that I cannot work at all. I have Fibromyalgia and a whole host of other issues that come with fibro. I got a letter from ss saying I had been denied because I had only worked a lil less than a year in my whole life. Well since I was diagnosed with Fibro over 2 years ago and began being sick 3 years ago that would mean I would have been 15.... what 15 year old has worked for 2 years? I got another call saying that my appointment over the phone is today... so I guess they are still considering me? I know my case is going to be hard to prove as I am very young, have fibro, and have not sent in any medical records yet. But I have them all. So how do I get them to ss?
Anyone have any suggestions on how someone as young as me can get ssdi. Because I know an 18 year old living with parents is a normal situation and you wouldn't think she would need an income but I do. My bills are steep and are about to increase in number. My father has cancer and needs surgery and if I wasn't disabled I would be working around 40 hour weeks to pay the bills. I don't go to school because I can't... now I would think since I was 15 when this started that they would see not being able to go to school as an equivalent of not being able to work... because not many 15 year olds I know have a full time job :)
Any suggestions would be very helpful as this is my last hope so thank you in advance. :)
- Mickey
Dazeeblue don't take what any of the Social Security doctors say. They see patients for money. If they approve everyone Social Security would stop using them. Half of them aren't even specialist in the field concerning your disability. It's sad but that's the truth. The doctor they sent me to was a pediatrician and I was 41 years old. If you qualify for SSD you usually get Medicare, SSI Medicade. Mickey, your going to have to apply for SSI because you don't have enough work history. You can still be able to receive, health coverage, a check and a card for food. You need to have ten consecutive years working to apply for SSD. When you talk to Social Security they should explain this. Good luck.
Bogey - Thanks for letting me know that. Just got off the phone with Social Security and I am now applying for some child disability stuff off of my fathers SSI, or something to that effect. Hopefully they will approve my claim. Thanks for all the advice Habee and everyone's stories. Good Luck All :)
- Mickey
I guess this is a big process and scared have two kids and back problems from a work injury now can't hardly move a lot of nerve damage left leg gives out and very hard to control my pain level workers comp lawyer tells me to go amd file disability on my own and I feel like they threw to the curb I've got a lot of paaperwork that im gonna have to get together hope I can get some assistance while this is in process
DJ are you still receiving workers comp? Just get all your records together, keep a file, write down names and dates of everyone you speak with at Social Securtiy. Just remember some states are faster then others. Also your age and work history are applied. It's a lot of paper work and they seem to have a history of misplacing your records. You may also want to speak with an attorney in your area. Just remember if your disability prevents you from working 8 hours a day 40 hours a week, you are disabled. Also your worker comp attorney should have your medical records. Good luck.
I have been trying to get social security for about 6 months now. After the first denile I decided to go with a group of lawyers that specializes in social security. I was denied a second time last month and now the lawyer says I have to go before a judge, which could take 12 to 15 months to get a hearing. I was curious about legal finance groups like oasis legal. I didn't know if anyone had or was able to use them to go ahead and get some of the back pay owed to them. Could someone let me know something? I have lots of medical bills piling up, and am unable to work.
Bogey.....after he told me to go to a priest, he didn't even give me the chance to ask how long it would take for them to send their report. Are they under guidelines to get it back to SS in a reasonable amount of time or can that doctor just do whatever he wants to do with it? Seems to be a hurry up to wait situation. What is average wait time to get the first deny/approve letter?
Anna.......I'm just starting the process but I was wondering if you got the second denial using the attorney? I'm going to contact a local firm that has one attorney who handles all their cases when the time comes.
Anna your attorney only gets paid if you win. As far as going with large Social Security groups, they may not be from your area and you might not even meet with an attorney until the date of your hearing. I would suggest finding an attorney in your city. Someone you can sit down and go over your entire situation. All you need to do is go to a local attorney and they will tell you how to release the group you have. Once you do this, the local attorney can handle your case. I did this and it was the best thing for my case. I went with a big group because my long term disability made me feel I had to use a group from Boston. Once I found out I could choose my own attorney I went with an attorney in my city who was able to speak with my doctors and meet with me. Also, he knew the judges in my area and what they expect. Judges from every city and state are different. If your group isn't familiar with your judge it can hurt your case. Good luck.
Dazeeblue, I applied in August as well and haven't heard a thing. The case worker asked me on two occasions if I would be willing to go to a doctor of their choosing and I said of course. I see all of my doc's every three months and my disabilities are well documented. I know they contacted my PCP a month ago but haven't heard anything further. I always think of what Bogey said about them sending him to a pediatrician when all of his problems were from spinal issues. That's the govt for you. One question, what is your case worker suppose to do for you? I have talked to mine once and that was at the beginning.For the first papers I filled out they did not send a return envelope so I didn't know it was suppose to go to the DDD in London,Ky and I sent it to Tallahassee.Still not sure about that one but again it is the govt. I also think Bogey and Habee should start their own consulting firm for SSDI and SSI applicants. Experience is worth more than anything. I hope things move right along for you Dazeeblue. Did the doc give you the results of your pulmonary function tests? What kind of medical card were you talking about? DJ keep your head up and never ever give up hope! Blessings to all in this fight.
Dazeeblue, the person you first I dealt with in my case just took all my information and my case was assigned to another person. I didn't speak with the first person from Social Security until my case was approved over three years later. Basically your file will go through several workers before you hear something. Your case is probably in the hands of another case worker and that person will contact you for medical updates and to send you to a doctor for review. Don't put much weight in that doctors opinion. Also bring all your records with you. Let them make copies but don't give them your reports. Good luck.
Aunt Louise. Sorry I meant the first person you deal with. They just take down the info and pass it on. Good luck.
Well most of my medical records are too old. I'm really afraid to go to the emergency room because I do not want to loose my house if the SS doesn't go through. They've sent me to two places so far. The first was very understanding and the second for the breathing test was sort of a butthead. The test they gave me was just sitting in a chair and blowing in a tube. The nurse kept telling me I was doing it wrong, even though I was trying my best to do it they way she said. She ended up having me use an inhaler to try to open my lungs up. I couldn't blow out for the required amount of time. They really wouldn't answer any of my questions. I was hoping to get a medicaid/medicare care. So far I have the same caseworker as when I first applied. At least she is the one who is making these appointments right now. Seems like they handle every case different. I'll go to as many doctors as they want to send me to. I'm at the end of my rope. My Mom had liver cancer, only made it about 30 days after they told her. We had hospice come to give her care. I kept the morphine and if things get much worse, I figure thats the easy way out. The worse part about all this is awhile back I had real good medical insurance. Husband paid $80 out of every pay for it. Didn't need it then though. Now that I need insurance, I don't have it.
Dazeeblue, I'm sure a majority of disabled people don't have health insurance so Social Security knows this. Just keep your head up. Don't let it get you down. I know it's hard but you have to keep fighting. Social Security wins a majority of cases because people give up. Hear Judges and an Attorney can explain your situation concerning not being able to afford doctors because no insurance. Good luck.
Well, my husband and I received more papers to fill out and return yesterday..I guess I'll have to do this for every diagnosis I have. Sat down and sent my state rep a letter on behalf of all applicants.Will probably go in the nearest wastebasket but you can never tell.Praying for approvals for all of us this week!
i have health insurance that my husband pays for, 160.00 month.. doesn't sound like alot, but it is when u have 950.mortgage, and no help from gov't agencies, b/c i am married !!! i have script coverage, but it is still high, some meds are 80.00, yes, that is for 3 months, but when u have like 8 meds to get, that is way too much for me...
just saying, you can have health, & script coverage, but still be poor as i am....
i wrote my letter to ss asking them to please review my case for expedition on the following reasons, and health updates.... wish me luck... my lawyer says they won't, but i disagree..... i wish everyone luck, as the system stinks for the honest disabled people... i know some who are not, and receive... seems alot of workers comp cases for ss are easier to get.... don't know....
thanks for all your help bogey :)))))
Seems like Social Security has stock in paper companies. They do love have you fill out forms. It is such a waste. Just make copies of everything you send. @ Sophia I wish you luck with getting Social Security to move your case up.
Had a call from SS case manager yesterday to apologise for my not getting the return envelopes yet again. We actually cahtted for a minute and she said "We are trying to expedite this for you as quickly as possible". At least some communication at last. I told her I realized it was early days as yet.
Hope someone(of us) gets approved this week! PS: Amen to the paper thing. Kind of hard on those of us who have carpel tunnel in both hands not to mention the many more serious disabilities that hinder or prevent others from writing or typing.Oh,by the way, got a very nice non personal,stock reply from my state rep. Hang is there all!
Our politicians are so supportive. They only care about the people at election time and even then they only care about your vote. I bet if we could form a network of disabled people and those fighting Social Security, we would have enough people to get Capitol Hills attention. We could hold the swing vote. We would also bring everyone collecting regular Social Security on board. Then things would change. If I only knew how to get everyone on board? I better be careful, the secrete service might come get me:)
I cn't see the shrink for 3 months, Im grateful for the Medicaid but man there are so many medical disasters.
Medicaid and Medicare are a disaster!!!
My main concern is that I have Bipolar disorder AND a knee disability. The Bipolar disorder is an issue I have been struggling with for years, and the knee, for five, dealt with Workers comp, settled, knee was not better, doc said no work, so I was told if I did not file for disability I would lose my eligibility after the five year mark. So I filed for disability June 2010, denied, then again by my SS attorney in late October of 2010, denied. So they have appealed to the courts and said a court date should be set somewhere between April and June of 2012 because it took a year. I am from North Carolina. I know that makes no difference because it is the government. Bipolar gives me horrible days, iffy days, okay days, and good days, and they don't come in that order....ever!!! It is crippling to me because I don't know when I will be triggered. My doctor and psychiatrist tries to teach me how to pinpoint the triggers so they don't throw me into a full-blown episode. My 17 year old son died in an auto accident unnecessarily in 2007, and I still have so much difficulty with that alone - boom! TRIGGER. Let those judges tell me I don't have a disability?? They have twice! I am angry...angry at those who get away with it when I deserve some help. My knee. I have had 3 surgeries, after the 3rd one, I have permanent chronic pain. I am hyper-sensitive to any pain-killer known to man, including injections and patches. I live in constant pain. All doctors throw their hands up in the air because they become frustrated with me. I look at them and say, "How do you think I feel?" I am beyond disgusted, beyond sick and tired, and beyond feeling as if eyes are on my back all of the time. I feel that my life is in the hands of my SS Attorney. I become ill just thinking about it anymore. Ideas?
JC. First you have an injury to a mojor weight bearing joint. That is one of Social Security's list of impairments. Just get an orthopedic doctor to agree with your condition. As far as your Bipolor condition, if your doctors have done there job correctly all you conditions or mood changes will be listed. Also, all you medications will be presented before your hearing judge. I just hope you have a good attorney from your area. That's important because he or she will know how to present your case to your judge. It's a federal system but every city and state is different. Good luck, stay positive. I know it's tough. I went through it for over three years. FYI, your first two denials were by case workers and Social Security doctors. The hearing is the first time a judge reviews cases. That's why hearing level approvals are so much higher then the first two stages. good luck again.
Hey Mr. Bogey Kudos to you my friend for hangin in here for so long and helping people ,sometime a kind word changes everthing.Just a quick question ,I live in Tn and seen the Judge august 26th almost 6 weeks .How long did you wait before you heard anything after your hearing?Im 54 and the VE said there was nothing I could do.My hearing lasted all of 5 minutes.My lawyer hugged my neck and said it was a 90% chance a winner.Thanks for any Info....
SteveO, It took about a month to receive a letter from the judge then another month for Social Security to contact me and have me go to the local office. Now my judge made a bench ruling the day of my hearing fully favorable. That probably made things a bit faster. Bottom line was I won my case August 19, and received my first chech in October. My lump sum or back pay took even longer. I did receive my Medicae Card in September. Hope that helps. From the research I've done, the hearing judge has to prepare an explanation of the ruling and it gets reviewed before you get the final decision. If you case lasted only 5 mins and the vocation expert said you can't work, it's just a matter of time. Good luck, let us know when you get your letter.
Hello Bogey, Thank you so much for your assistance. I already have an orthopedic surgeon who has been with me since the onset of this accident in May '06. She has documented everything and provided me with everything I need regarding the knee injury and also has provided restrictions. I feel I am covered in that department. My Bipolar Issues are another issue in and of itself due to the fact I lost the best Psychiatrist I ever had. I like my new one, but it is hard to judge after only 2 visits. I suppose I have some time. My SS attorney does have an awesome legal assistant; who at the very beginning of this case asked me to check in with them toward the middle of each month to let them know how I was doing. I was having one of my days when submitted a post yesterday. Once again, thank you for the help.
JC. Sucks you have new doctor but your attorney can still use all his notes and medical evaluations/records from your previous doctor. I had 8 doctors but my attorney only took a sworn statement from one. He did provide my records from all my other doctors and the hearing judge reviewed all my doctors reports and medical records. I actully had 11 doctors but 3 stopped taking my insurance so I had to change. I'm sure this happens in Social Security cases, given the time it takes some cases from start to finish. Just make sure you review your entire file with your attorney to make sure it's complete. Good luck. We all have good and bad days.
Good afternoon everyone, hoping someone could help me with my question..thank you in advance..
i was awarded 25 thousand dollars workers compensation lump sum, no weekly checks no montly checks just the lump sum 4 years ago(2007) only got 19 thousand dollar after lawyers fee,so i got 19 thousand dollars total,, now i have been approved for social security disability benefits on 9/26/2011. will it affect my social security disability benefits and back pay..workers compensation injury settlement and the reason i am about to receive ssdi are the same injury
thank you in advance..
I'm not an attorney but Social Security held my lump sum to see if I ever received workers comp. So the only thing I can say is it may. Also some Long Term Disability companies expect to be paid back. If you have or had a Social Security attorney they will know. You can also call Social Security or check on line. Sorry I don't have a better answer. Good luck.
Hello im a 38 year old female that has been diagnosed with bp disorder unspecified, peripheral neuropathy(im not diabetic) spasm of muscle, fibromyalgia, lumbago (not really sure what this is), anxiety disorder nos, and insomnia due to stress.( have tried every sleepin med out there and not having much luck stayin asleep..... the fibro meds are having to be changed over and over cant find one that aleviates the pain... i am currently working a full time job standing on my feet but not sure just how much longer i can do this. i can hardly walk after i get off work. dont know just how much longer i can do this. i stay depressed all the time even tho i have a great hubby. my doc has sent me for x rays and showing mild disc bulging. sounds like a need for a second opinion. without fibro meds i can barely walk. love to work but i hate the pain. sitting jobs are the same my feet and legs hurt tremendously when i get up. i just keep on working so that i can support my family. not sure how much longer i can do it!havent applied for disability yet but seriously concidering it soon. any suggestion?
Cassy, my first suggestion is speak with your doctor. See if he or she supports your condition causing you enough to be found disabled according to Social Security's definition. Having the support of your doctor or doctors is very important. No one knows you and your medical history better then them. Also start a file. Keep all your records, doctors reports and list of medications. You may also want to keep a journal of how many nights you can't sleep and why, the side effects of some of your medications and how many times the doctors have changed your prescriptions. In addition, keep records of how long you can sit or stand before the pain begins. Do you need breaks to relieve the pain or take medication to control the pain. Remember, some medication are very strong. It may make you tired, affect your ability to drive or do simple tasks. Start with your doctors first. Make sure they specialize in your condition. Good luck.
@ bogey,
thanks for the info, its very much appreciated..
all i have received from ssa. is the fully favorable letter, so ive been wondering if it had to do with the workers compensation case,and of course what to expect next.. its been a long process.. Again thank you for your help..
A Cruz. If Social Security sent the letter that means you won your case. The judge finished his or her explanation and it was approved at the Hearing level. Now your case gets sent back to your local office and they will break down your payment process, if your going to receive Medicare and pay any money owed to any disability companies and your attorney's portion. Contact your attorney. If your attorney has been paid your first monthly check and Medicare card will be coming to you. You may have to go to your local Social Security office to complete some minor forms and they will explain how far back your lump some is and how much you will receive. It's just a matter of time. Congatulations! Good luck!
yes i have a 20 year old man who is totally retarded and he can't work and he is also bipoler and he has adha and then i found out that he can't live out there on his own he can't live with no one but family and his dad has to file for gardienship over him and he was on ssi and then the people at the social security office told me that one he turned 18 he is no longer disabled and they have been starting and stopping his check and now they are tring to make me payback some money i am going to go to the reginal health center to get copies from the doc. and i am going to see what it will take for my husband to file for gardienship and then go file she said that will help get his income back but it could take up to a year but how can i go and try to get it sooner than waiting until sep. of next year but should i start paing back some of the money or not because he is intiled to that money regardless right
Nancy I would get a Social Security Attorney to get you through this red tape carbage. This is wrong at every level. The problem is Social Security will tell you one thing over the phone and do something different behind your back. I'm sure an attorney can give you honest answers and explain your rights, to help the person who is disabled. Good luck.
I have just received letter from ss saying I have been approved for disability. First try Took six months though. I have read alot of comments people have made here and they state when you receive first check you should get your medicare card. I thought you couln.t get medicare for 24 months. Does anyone know for sure?
Hi I am new to this site. I filed a social security disability claim and received my denial letter 10/8/11. Hired an attorney today to handle my case. I live in PA and the reconsideration step is not part of the process in our state. I have read through this site and feel relieved that this helpful info/people exist.. thanks :)
Lucky me. Your correct. The reason I received Medicare so soon was because my case took over 3 years from the date I became disabled to the final approval at the hearing level. Since your case was approved in six months, you will receive a monthly benefit and after 24 months your should receive Medicare parts A&B. Sky view 66, sorry your case was denied. Don't let it get you down. Social Security only approves 12-14 percent at the initial level. Lucky for you, your state is one of the smart states that did away with the reconsideration level. That's going to save you 6 months to a year waiting to get turned down again. Now you get to go before a Hearing Judge and if your attorney has experience, he or she will know how to present your disability to the Judge in a way the Judge wants it. Also, your attorney will get your file from Social Security and make sure it's complete. Even though you supply Social Security with medical documents, it's rare when a file is correct. When I sat down with my attorney and we went over my file it was a mess plus it was missing almost a years worth of medical reports. Another thing is if your attorney is from your city, he or she will know the Hearing Judge. What makes this important is Judges like files and reports in a certain order and in a timely manner. The last thing you want is your attorney to anger your Judge because your file is a mess or not delivered in the time frame your Judge likes. Once you receive your hearing date your attorney will be able to tell you about your Hearing Judge and what to expect on the day of your hearing. Mine was very informal, and my Judge has a reputation of being tough but fair. She was very professional, she read my entire file and asked me some questions. She then had Social Security's doctor speak and after he gave his opinion, she made a fully favorable bench decision. Your can Google Social Security Hearing level. You will find plenty of sites explaining what to expect. Just be honest. On the day of my hearing I observed several people trying to take advantage of the system. Your medical reports, doctors opinion of your condition and honesty are important. I saw people pushing wheel chairs then using them. If you need a wheel chair you doctor will document it. Good luck, keep us posted.
Helloo0o I did apply for SSA cause I got in a motorcycle accident and I had a brain trauma. I lost my sight of smell and I cant hear from one ear and when I look up I get real dizzy and lost of memory and few more things but the thing is that I cant go to a doctors cause they are charging me alot and I cant afford it. I already went to an interview and now I got another one on the 26 but I just got a letter from department of childrens and family saying that my food stamps benefits will decrease from $200 to $41,,,wow! so I called them to ask why thats is happening and a lady told me that ssi send them an email letting them know that I am getting a check this month so thats the reason why they did that but I cant understand how I am getting a check when still Im not approve for ssi and still got an appointment coming and I just dont get it but I hope it was'nt a mistake from ssi and is true but is somebody know something about it than I will appreciate very much for your time thank you
Juan maybe your case was approved. Try to contact your Social Security case worker or the person who has it. On most of your paper work there is a bar code so they can track your file. Good luck, sorry about your accident.
Hi Bogey I appreciate your response & information. Thanks. I will keep you posted.
I am a 61 year old unemployed registered nurse. I am in constant pain in my neck , back, shoulders, feet and hips. I had what I thought was good documentation from an orthopedic doctor yet I was denied SSDI. I am getting getting ready to appeal. I need all the help I can get. I recevied a letter about SSI they are requesting finacial information.
Steven M Sargent 014-60-5091 posted about 18 months ago...very sad story. Has he posted any more? I'm very concerned
Glow have you seen a Social Security Attorney yet? If not get one. Not sure why they want your finacial information. Your earnings are on your W2 forms. Very odd? Sorry I can't give you any further advise, I'm not an attorney and trying to figure out Social Security is nearly impossible. Good luck. @ Awalla I haven't seen any posts from him.
Early August my husband started passing out went to a hospital that didn't have a clue and the family doctor said sinus infection. A few weeks later he had a heart attack, 2 days later a pace maker then after 2 weeks longer testing we found out he has cancer in 5 places in his head and neck. I had a phone interview the end of August. Took all the paper work to the office. When husband called she said they had the doctor papers, he might be asked to see one of their doctors and she'd call in a few days. Well a few day come & went so husband called left a message we still haven't heard from her. We have 2 grandchildren were raising and no money coming into the house at all. Welfare is a huge joke on tax payers. I applied in August and after months of taking them every paper we have they finally approved him for NOVEMBER 1! They weren't pay the hospital bills for August or the chemo etc for Sept. or Oct. How long does it take them to approve you and will they cover outstanding medical bills?
Every case is different, every city/state is as well. It's is very obvious he will miss more then 12 months of work because of his condition. That is one of Social Security's rules for making a determination. As far as Medicare, he has to be disabled for 24 months before he can start receiving Medicare. What city/state are you in? The part about seeing a Social Security doctor is a joke. It's just a part of the process. I wish your husband and you and your family good luck.
Monday will be three weeks since I went for the breathing test. I guess that doctor is in no hurry to send the report. Don't know if I should call the caseworker or just wait it out. Contacted local attorney and they are ready to take over, I'm just waiting to get the denial.
Dazeeblue in Social Security's eyes your just a number or another case. It stinks but they move at a snails pace. Attorney or not they will not work any faster for anyone. Using an attorney in my opinion is the best option because you can speak with your attorney anytime and get information about your case quicker. But the bottom line your at the mercy of Social Security. Good Luck.
I applied for SSD and they have made a decision on my claim.. However, they won't tell me what the dscision is. My case worker said they had to send my information back to social security and then I would get a letter in the mail.. So I guess my question is how long will it take before I get the decision letter?
Myre. You never know. I was told they made a decision but they wouldn't tell me and my file was sent to a different state for review. Three years later when my attorney received my file we found out I was approved then the person in another state reviewing my file denied me. I don't want to scare you but always prepare for the worse. I don't know why Social Security plays games. They know the decision but they won't tell you over the phone. Even when I had my approval letter they gave me the run around over the phone. I even told them I have my letter and I will fax you a copy. They still would tell me there is no decision on your case. I wish you good luck. If they said they sent a letter it should take a few weeks.
Quick question, Does anyone know on what days or times of day backpay is deposited into ones account. do they have a certain time of day that they deposit funds?
thanks in advance
Thanks for the information!!!!!!!Once I get the decision letter I will be sure to post the results.. Thanks for having such a wonderful forum :)
What do I do for my daughter she's. Had a learning disabilty al her life all the way back to elementar?
ACRUZ. If you have direct deposit set up you should receive a letter from Social Security and it will tell you when your monthly payment is scheduled to begin and the date you will receive your check. The lump sum is held for a while because Social Security checks to see if you owe any workers comp, attorney fees or job related long term disability money. Once they finish checking they will notify you and make arrangements for you to receive your lump sum. @ Myre good luck with your health and case. @Deangelia I don't know how Social Security handles children or young adults because they don't have enough years payed into Social Security to receive SSD. However, she might be eligible for SSI and Medicaid. Good luck.
Got my denial letter. Reasons they gave were not really what I filed for which doesn't make too much sense to me. When I do the reconsideration appeal, do you think it would be a good idea to have them mail the forms or would it be just as good to file online?
Dazeeblue, sorry to hear you were denied. You only have about sixty days to appeal. The problem with the reconsideration appeal is it goes before the same people who denied you. I would take your letter and medical records to a Social Security Attorney in your City or County. They only get paid if you win and they will help you with the appeal. Also, they might find some errors in your original application. I went through the entire process. I went to an Attorney when my case was denied at the reconsideration level. When we went through my file it was missing so many documents. My Attorney put my appeal file together and at my Hearing I was approved in a few minuets. The Hearing Judge made a Bench Decision and even apologized. Further more, Social Security's Doctor at my hearing rated me more disabled then my own Doctor. Remember, nation 70 percent are approved overall. However, less then 20 percent are approved at the first two levels. It's so bad, some states are doing away with The Reconsideration Level. Hang in there. I know it's tough. I felt like crap for over 3 years. You just need an Attorney to present your condition and a Doctor who agrees your condition prevents you from working and is a specialist in dealing with your disability. Do your research on a local Attorney. Stay away from some of these big groups. You want an Attorney who will sit down with you and help you. I started with a big group but went with a local Attorney when I found out I could pick my own Attorney. I was sent to a group by my long term disability insurance and this group was in Boston. I live in South Florida. Having a local Attorney I believe won my case. First, his reputation in South Florida before the Hearing Judges. Second, he knew all my Doctors from his years of handling Social Security cases. Finally, I was able to go to his office and hand deliver documents and he kept me up to date with everything. I have heard of cases where people didn't meet their Attorney until the day of the Hearing. To me that is messed up. Just remember, keep your head up and don't stop fighting. Also don't refile appeal. A lot of people mess up. If you refile it's like starting over. Also, don't miss the dead lines. I very sorry you have become another victim of Social Security's messed up system.
Bogey, thanks so much for the great information, this is one post that i read from beginning to end. I have applied for my disability for intractable migraines and fibormyalgia, so we will see where this goes.
I am trying to prepare myself for a long fight ahead and trying to find out as much information as possible so i will be prepared, this post really helped. i am really glad you won your case. May i ask a couple of questions?
1.would they took into consideration any hospital visits you had (as i have had many for the migraines)?
2.do you think that me taking a leave of absence (FMLA) and the then getting fired because of medical reasons will have any affect on the decision? (i live in MS where there is a no fault policy on absences
3. do you think that writing a personal letter with my initial packet would help?
4. what kind of think should i look for in a lawyer?
thanks so much in advance
Hey Mr Bogey,Its Steveo Again Just wanted to say hi! Your busy'er than a one arm paper hager on here.haha
Its been 2 months now since the hearing still havent heard any thing I called my ATTorney and he called the Hearing Div they said that the judge has singed the decision that all they could say About to lose my home here.Well i seen today on Tv were ss was going to get a 3.6 % raise does that that go towards disability to.If so you'll be gettin a raise to.Sad part its just a raise for the good old Doctors.Right .....Looking forward to talkin with you again Thanks STEVEO
Ok I got my letter today and I was denied..I have been so upset. I have cronic leg ulcers and lymphodema which makes it hard for me to stand on my leg for long periods of time because they swell up. Also the ulcer will break down into a sore which takes months of therapy to heal. How can they say that I don't have a disability.Then on top of that I have medical records from my specialist that date back to 2000 documenting the condition. I don't understand.So now should I appeal on my on or hire an attorney? Also do anyone know if the percent an attorney charge in Alabama? Last question I have three kids, so if I won the appeals process, would the kids also get a check and if so how much?
Jennifer I had over a dozen hospital visits plus another dozen medical procedures not to mention MRI, CAT Scans, Nervrve conduction studies, Spinal Disc studies and two surgeries. One six hour surgery for my hip and one nine hour for my lumbar spine. I was still denied. Letters from your previous employer are always helpful and evaluations, showing you were a good employee. The leave of absence proves you were unable to work. As far as attorneys, get a Social Security Attorney. One in your city or county. Attorneys from your area know the Hearing Judges and how to prepare your case. Good luck. @ Stevo O, Social Security takes there sweet time. Remember I won in August and didn't receive my first check until October. As far as the 3 percent, I think it's just for regular Social Security, not Disability. Hang in there. @ Myre, they attorneys I believe charge the same percent in every state. They also only get paid when you win. However, you may have to pay for some records and if they interview your doctors. I paid but it was worth it in the end. Just do your homework on the Attorney you choose. To everyone, I've been in your shoes. Maybe god put me in this position to help as many people as I can with advise. I learned the hard way and it took me over three years and my sleepless nights. God bless all of you and keep fighting. I made a promise to Habee that just because I won I wouldn't stop fighting Social Security's broken system. My heart is with all of you. Bogey.
I did one of the top 10 deadliest jobs on the planet for over 20 years. When I went to apply, the case worker said "oh you do not have to explain yourself any further sir, the moment you mentioned what you did for a living and for the amount of years you did it, you will not have any trouble getting SSDI, my husband does the same line of work and I know all about it..."
Needless to say, I was denied!!! Oh my. :-/
Quietssandtrust, Social Security case workers have no authority to determine your case. That was wrong of him or her to say something so stupid. Just get a local Social Security Attorney in your area and file your appeal before the deadline. Sorry your another victim of a messed up system. Good luck and don't give up. Remember your just a case and a file to them.
Many thanks for the information.
It took me nearly 6 months to even believe that the doctors were right, and I was not going back to work.
The crisis for me was made real when they told me I was not well enough to do a test yet, which might help them give me a better treatment method. This was after 6 months of waiting. They would check me again in 4 months to see if I would be able to take the tests then. That was also when my savings ran out, so it was a double hit.
I then accepted it and applied for disability. The doctor said he "would disapprove of disability in 9 of 10 cases, but my case was a little obvious."
Four months later it still does not appear to be progressing much.
I just went back in to the doctor for that "are you able to take the test exam." On the positive side, I am just beginning to be able to walk a short distance with a cane (20-30 feet), and can carry my oxygen tank with me now on my own.
They are now checking me to see if they can run the tests without killing me.
I find it strange that it takes so long to obtain disability, when one look can show it is pretty obvious.
This month I am finally able to read some again, and I can write a little on the computer most days this month.
Since I am unable to work, I wrote some advice on hubpages about how to deal with a major disability, and would appreciate feedback that would help me and others.
http://purepotential.hubpages.com/hub/50-disabled-
Hope this helps, and thanks.
@Hub Tub. If your case was approved in two months, how can you recommend an attorney group. Please. This site is to help fight Social Security not advertise for attorneys. The fact that you put a web site for an attorney group should tell anyone following this site your here to advertise not provide any helpful advice to people who are truly disabled and in need of help. Fighting Social Security is difficult enough. The people on this site don't need claims from someone who never even had to fight for disability benefits. As far as Habee having Law Groups on this page, it's her Hubpage.
Bogey, glad to hear that spot was nothing! I swear, sometimes I'm afraid to go to the doc! lol
JJ, I'm, sorry, but I don't know the answer to your question. Maybe someone here will know the answer.
Sophia, Bogey is awesome!! Thanks for reading!
Sophialouise, why not just add it to your favorites?
Foodstampmama, thanks for your kind words!
Donna, if I were you, I'd try it on my own first. I'd hire a Social Security disability lawyer if your first appeal is denied.
I hope everyone here appreciates Bogey!! He's dealt with SS more than I had to. I was one of the lucky ones.
A good friend was just denied SS and her first appeal. She has numerous problems, the worst of which is her hands. Her orthopedic hands specialist that she's been seeing for years wrote that her hands are "useless." SS sent her to one of their docs, a GP, and he disagreed with the specialist...of course. Social Security is weighing thier doc's diagnosis more than the specialist's?? That's crazy. She just hired an SSDI lawyer.
I don't know what I'd do without Bogey! I'm having to pay someone now to type most of my hubs for me, due to my physical impairments. I do want to wish everyone luck, though, and please don't give up if you have a true disability!!
Glad the spot was nothing and it's nice to see you posting. Sorry about your friend. I bet the Social Security Doctor never conducted any real tests to conclude her condition. My Social Security doctor never did any tests it's all opinion. Yet your doctors do tests and have documented proof. It's a shame.
Hello! I am trying to make sure I have everything in order for December of this year. My daughters case goes before the judge. They keep saying she is no longer disabled, but she has still has debilitation issues. They are not bad enough to stay on SSI! Why not? Please someone help me wtih this!
@mom. Do you have a Social Security Attorney from your area? It's very important to have an Attorney to help you fight the system. These Attorneys know what the Hearing Judges want, the order they want it and how to stand up to a system that's messed up and difficult to understand. Good luck.
It is great to hear all the stories out there and my husband and I are not the only ones experiencing SS nightmare issues. My husband applied for disability in May 2010...denied (of course) and had a hearing with an ALJ in June 2011. It took 8 weeks to get the decision, although we already knew that she was going to deny him because our representative from ALLSUP (a joke of a company) said that she denies everyone. We were flabbergasted when we received the letter of denial. Just to mention a few of the problems with the denial letter....the ALJ had the wrong date of his disability claim, she said March 2010 and it was May 2010. She had his correct birthdate but obviously can't do the math...stating that he was 49 but he is really 51. This is a biggie as after you are 50 you are considered harder to retrain. The ALJ told my husband in the hearing that he did not have Fibromyalgia because he was not diagnosed by a Rhumatologist...really??? How can a judge overrule a diagnosis by 2 other doctors, a pain specialist and a promary?? Needless to say, he went 3 days after the hearing to a Rhumatologist and YEP was diagnosed with Fibromyaliga. My husband was diagnosed in 2008 with probable malignant nodules in his right lung but they are unable to take a biopsy because of the location. He was also diagnosed with sever sleep apnea that the judge said he was cure of....hmmmm it is not cureable per a governmental website. In addition to the diagnosis mention previously, he had moderate stenosis of the spine, osteoarthiritis and bulging discs in the lumbar area. My husband has been in the construction industry for 35 years and has worked his ass off to provide for the family. Now that he can't work and filed the ALJ determined that there are jobs that he can do like a file clerk, mail sorter etc... Who in the hell wants a carpenter that has talked to a hammer, drill and nails for 35 years to come into an office environment and file??? Also, the letter stated that there were more than 35,000 of these jobs in Missouri....I am thinking NOT IN THIS ECONOMY!!! Needless to say, I sat down over a weeks time and wrote the appeal letter of a lifetime with documentation proving that the ALJ must be crazy and pointed out all of the inaccuracies of the information she used to determine his case. I was smart enough to send it registered return receipt and guess what...they can find a 20 document letter so now I have to fax it tomorrow with the signed receipt that they received it on Sept. 26, 2011. I just can't believe that this process is sooo screwed up! This is your tax dollars at work people!!! We need to get this governmental system together! Lonnie
Lonnie have you looked for a private Social Security Attorney in you area to help you. You can always dismiss Allsup and go with any Attorney you choose. I had to change Attorneys during my case. I was on long term disability and the made me feel like I had to choose a group they recommended. What a mistake. When I went with an Attorney in my city, he explained that the long term disability companies make you feel this way and don't tell you the truth. It's your option to choose. From reading your post, a good Attorney would have prepared your husbands file correctly because he or she would have gone over it page by page with you. Also, local Attorneys know the Judges in you area. They go before them all the time. Also a local Attorney would have known what your Hearing Judge wants to know about your husbands condition and been able to fight the vocational expert. A person at your husbands age and condition can not be able to perform 35,000 jobs. That's just Social Security's excuse to turn people down. I'm sorry your going through this. Good luck to you and your husband.
Hello,
I found this site when looking at issues with SSDI. I was diagnosed with Normal Pressure Hydrocephalus in July of 2010. Debilitating headaches, nausea, light sensitivity etc.
I had a VP codman adjustable shunt placed in August of 2010. Everything was fine until June of this year when the headaches returned with the nausea. After testing that ran from June until last week, I was able to work maybe 7 days total and have not been able to work since August 31, of this year. I was tested earlier this year before the headaches returned was found to have a cognitive disability which goes back to a car accident I had in 1997. I have no short term memory and my processing skills are in the 10 to 20 percentile. The issue is I am now unable to work as they have adjusted my shunt as much as possible and my NPH symptoms are slowly returning such as gait, balance, etc.
The neurologist today said due to all the factors he considers me disabled. He stated he would do what he needed to do do help me get SSDI as my condition in his expert opinion will not improve and to go along with this I have what is called collapsed ventricles. A lot of medical mumbo jumbo but I have been doing my research into my condition and I am hoping that I can get my SSDI approved without a long battle. This has already put considerable strain on my family and as of the 6th of November, my job will no longer be able to work with me under ADA. I realize my situation is just beginning but I am hoping by having as much medical documentation as I have, I won't have a hard time. I live in Idaho. I have already considered contacting a Social Security Lawyer as I am not mentally up to doing all the paperwork.
Any suggestions or ideas on how to get off on the right foot would be appreciated. I personally hate dealing with the government. Also a question, would seeking state assistance as my husband has been reduced to part time status and I have not worked since August 31, 2011, would this affect a SSDI claim. I have five months of dealing with doctors that have my frustration level at maximum now as it is.
@Bogey - In response to your reply to my deleted post.
@Hub Tub. "If your case was approved in two months, how can you recommend an attorney group. Please. This site is to help fight Social Security not advertise for attorneys. The fact that you put a web site for an attorney group should tell anyone following this site your here to advertise not provide any helpful advice to people who are truly disabled and in need of help. Fighting Social Security is difficult enough. The people on this site don't need claims from someone who never even had to fight for disability benefits. As far as Habee having Law Groups on this page, it's her Hubpage."
My response to your comment:
I am sorry you are offended by my deleted post. The reason I shared the attorney referral is because had I not had the assistance of this attorney, I more than likely would NOT have had my disability case approved, and so quickly at that. I was hoping to help anyone in my area find a good disability attorney to help them fight SSA, obtain their disability insurance, and get it done in a timely manner, as I was extremely fortunate to do. Are you implying that just because I didn't have to fight for years to get my benefits that I have no right to post my own experience and offer to help other people? An attorney is often times an excellent way to fight SSA, which is the obvious theme of this hub!
I worked in the medical field for over 20 years, and I did so because I got great satisfaction out of helping others, and I still do, even though I am now permanently disabled due to a total quack of a doctor who performed a laser surgery on my back and ruined my spine and my life forever!
My post had nothing to do with "advertising." I am in no way affiliated with this attorney other than the great service he did for me. I am not receiving kickbacks, commission, and I am not an affiliate marketer or a spammer. Again, I was simply trying to HELP other people. I am sorry you are too shallow to understand this.
FYI: I, too, "fought" hard for my rights to obtain my disability. It just so happens I had a good attorney to help me through the process.
Regarding your comment: "As far as Habee having Law Groups on this page, it's her Hubpage."
I never made any reference to this in my deleted post, so I have no clue where you derived this notion.
So, this is the thanks I get for trying to be helpful... a know-it-all who labels me as a spammer and accuses me of not "fighting" SSA?
The next time I try and "help" someone, perhaps I will just keep my mouth shut!
Good Day!
@hubtub
I am just a passerby and thankful for this and other resources I have found.
Please do not be discouraged from sharing or take to much offense when others do not appreciate what one was intending.
I am too trying to give resources from things I have learned, and sometimes people seem to target me just because they think I am now vulnerable. It would be easy for me to think everyone is trying to do what only a few sneaky people are trying, or have succeeded in doing, to me.
It is not my hub, but please realize the feeling of being preyed upon and assuming too much at times. If I may say, as I struggle too try to keep good humor as I traverse this journey, please also be encouraged and keep your faith in others as you also travel this path.
@purepotential - Very nicely stated...thank you! I found the information in this article very useful, as I was currently in the process of pursuing my own battle of fighting SSA for my disability insurance, even with the assistance of an attorney, and only recently got the good news that my disability application had been approved.
As I felt the author of this hub did such an excellent job writing this article, I bookmarked it. I felt so blessed and fortunate after receiving my Notice of Award that I immediately wanted to "share my resource" with others, nothing else.
The author of this hub deleted my original post. It is quite apparent that the author is very close to "Bogey," so it is no surprise to me why my post was deleted. I have no worries, however, as I know in my heart I tried to do the right thing, and that is all that truly matters to me.
I will not be reading anymore of this author's hubs, however, due to what I feel was a poor choice on the author's part to delete a helpful post, and also based on what I believe to be deletion due to biased loyalty to another poster.
Best of luck to you in your journey! I wish you well. :-)
@Safiyyah71. Very sorry to hear about your condition. If you have all your medical records and a Board Certified Neuroligist who agrees with your condition, I would make an appointment with a local Social Security Attorney. The reason I think you need an Attorney is because your disabilitys a very rare. I doubt it's on Social Security's list of impairments. A good Social Security Attorney will speak to your doctor and be able to provide more medical evidence into your condition. I have a condition that is very rare and Social Security knew very little about it. When I had my Hearing, Social Security's Doctor told the Judge, the original Social Security Doctors were wrong. My Attorney and Board Certified Neuoroligist were able to challenge the denial based on facts and Social Security's original doctor not being familure with my condition. So I think in your case talk with a local Social Security Attorney and see what they think. Good luck.
@Hub Tub. My response was made because it seems odd that your post ended with a Law Group's web site. I have been on this Hub Page for over a year and the only time I have ever mentioned an Attorney or Law group was when someone asked if someone could recommend a Social Security Attorney in a specific area. I'm not here to fight with you or upset anyone. I'm on this Hub Page because I'm disabled and I had to fight Social Security for over 3 years. I'm here to give advise and support because I know what it feels like to fight Social Security, from filling out my original request, filing 2 appeals and going to a hearing before a Judge. If my comments offended you I'm sorry but I've seen to many disabled people get taken because they are desperate. This is a free Country and your free to express your opinion. This is not my Hub Page, I don't make money for trying to help people either. However, I do respect Habee and would never post a business without her permission.
@Bogey I, too, am not here to argue with anyone. Again, my link was for the purpose of a referral to an excellent attorney who helped me obtain my SSDI. I am also a HubPages member. I would never go to another person's hub and solicit spam. Furthermore, I need not ask someone's permission to post a link.
Unfortunately, I can see where you, the author of this hub, and others might have construed my link as spam; however, that was certainly not my intention.
I hope we can put this matter to rest now, make peace between us and let it go.
Finally, I just wanted to mention that I was very adamant in the beginning about retaining an attorney to fight my SSDI case, as almost any SSDI attorney will charge you and keep 25% or 6,000.00, whichever is greater, of your SSDI benefits after your case has been settled. I decided I could do it on my own initially, and then though better of it. I decided that having an attorney on my side would be an advantage to getting through the system more quickly. I found an attorney, who, unlike most other attorneys, took my case before it even had a chance to get denied. My attorney explained to me that a lot of attorneys do not wish to take on an SSDI case until it is "ripe." They only want to jump in at the last minute, do the least amount of work, but then also keep a large portion of your benefits. Having a good attorney on your side from the very beginning is sometimes a very good way to get your benefits more quickly, so as to alleviate a nasty, long-term ordeal with SSA and get your benefits in a timely manner.
Although I am elated to have received my disability benefits, I feel for each and every person on this board, as well as anyone else out there who is going through a difficult struggle trying to obtain their disability benefits.
After working in the medical field as an OR nurse for 20+ years, I have seen every part of the human body, inside and out, from head to toe, and I can fully understand and appreciate what people are going through, believe me. It rips my heart out, and almost makes me feel guilty for getting my disability claim approved, after seeing all the suffering and pain I have read about on this board. However, I, too, have been left permanently disabled, after a disastrous laser spine surgery rendered me unable to work and to live each day of my life in bed, alone, and in constant pain. I worked with physicians for over 20+ years. It really adds insult to injury to know that one of my very "own kind" would be the one to maim me and essentially end my life.
Please, everyone, continue to fight, hang in there and keep doing whatever you can to help yourself, as nobody can help you better than yourself. Again, I will be keeping all of you in my prayers and wishing the best for each and every one of you.
Bogey, I am overjoyed to see that you persevered and finally obtained your disability benefits. I hope life gets easier for you, and for all of us. Peace to you, my friend.
Hub Tub I'm sorry that you and I are in the physical conditions were in. I just follow this site to provide answers to people fighting Social Security's broken system of determining who is disabled and who is not. I'm not an Attorney, I'm just one of the thousands of disabled people who had to fight the system. I do agree with you, having a Social Security attorney is very important. First they understand all the paperwork and what your doctors needs to provide to support your disability. I also agree, disabled people need to be very careful before they get an attorney. I found this out the hard way. Once I retained a Social Security in my city and discharged the group I was originally with, my entire life changed. I try to tell as many disabled people to do your homework and choose a local attorney. Hopefully you can help. I made a promise to Habee when I won my case I would continue to help as many people as I can. I write letters and will continue to fight for everyone. It's prety sad when to private companies found me disabled in a few weeks, yet Social Security only approved me because a Hearing Judge ordered it, over 3 years from the day I became injured. My Judge sent my approval letter out the day after my hearing. She also apologized to me for Social Security's errors. I'm sorry I over reacted to your post yesterday. I just get Social Security Attorneys sending me requests to refer people to them. I wish you the best. Keep fighting!
@Bogey Thank you! All is well between us, my friend! I totally understand your position and respect you so much for continuing to fight for others. I plan on doing the same! :-)
Did I read right? If you hire an attorney it will cost $6,000? When the amount you get for disability seems to be so small, that would be so much of it. A single person barely could get by on what I have been told is the rate a single person gets.
@purepotential Most SSDI disability attorneys work on this premise:
Example: You win your disability case and you are entitled to say $10,000.00 worth of back benefits. The attorney will then take 25% of the 10K or $6,000.00, but not more than $6,000.00. So in this case, you would owe your attorney 25%, which is $2,500.00. God forbid if you were owed $40K in back benefits. The attorney would only be able to retain a maximum of $6,000.00, as 25% of $40k is $10,000.00, and the attorney is only allowed 25% or $6,000.00, but no more than $6,000.00.
I hope I didn't confuse you! :-)
OK. So it is just the back part. That is probably why they do not want it until after you have been denied a few times. If they take it right away, the back amount would be much less.
I have just started my request in May/June. Doctors told me long before I should apply but I just could not believe I could not do any work. I am highly educated and experienced, and I thought I could do many other things. So I kept trying other things until I finally realized that they were right, I could not work.
Thanks so much for the clarification.
i was curious... are you allowed to cancel your contract with your lawyer ??? as all they did was request papers, i sent many of them, and i had to get my own precription history for them, and now we just sit, and they are basically sitting for nothing... waiting for the hearing, and that is it... they don't even contact me, i have had them since july this year, and spoke with them 2 times..... i don't see anything on my contract about it... just seems a waste to give them a couple thousand, when i feel i don't even need them @ my hearing, as my daughter is my representive also, and she knows alot...
thank you.... hope someone can help with this question....
@purepotential You're welcome! I can totally relate to your reluctance to accept you can't work anymore. It was a sad day for me when I realized the same.
I am keeping my fingers crossed and praying for you, my friend!
@sophia I am not a lawyer and I am in no way giving any legal advice.
Anyone can fire or discharge their attorney at any time they choose. However, you still may be responsible for paying the attorney you discharge for any work they have done up until the time you discharge them. In the case of SSDI, if you win your case, there is a very good possibility that the attorney you fired will put a lien on the monies you own him/her, and these monies will be deducted from your SSDI check before you are paid. This is one area that SSA checks before they give you any back pay, along with checking to see if you have defaulted on any government loans, if you owe back taxes with the IRS, etc.
If I were you, I would discuss your case with your attorney and read over your contract again. If you don't win your SSDI case, many times the attorney does not get paid, but of course your goal is to win your case, and I am sure your attorney would want you to win as well; otherwise, your attorney won't get paid either.
There is probably nothing that your attorney can do for you right now anyway, at least not until the date of your upcoming hearing. If your attorney has no news, chances are, you won't hear from your attorney. Don't give up. Keep fighting!
Best of luck to you! Hope that was of some help.
@bogey than. ks for the response. I have an interview with a lawyer today. I discussed it with my husband and I know I do not have the energy or the needed mental concentration to handle all the paperwork. I will go from there. After doing research and reading about SS. made me think twice of doing it on my own. I also had a friend who went through the process and she recommended an attorney also.
@Safiyyah. Good luck, I think you made a wise decision.
I am trying for disability and was denied on my first try, I have a lawyer but I feel that he is not doing all he could be to help me. He tells me that he has a backlog of hundreds of others before me. I have to do all the legwork and make sure he gets all the reports and files I get. Am I doing something wrong or is this normal.
@Afraid. My attorney or his assistants would call me from time to time and ask for updates, have me sign papers and check on me. They did everything as far as preparing my case for my appeal or hearing. If you feel your attorney is not giving you what you deserve, you can go with another attorney. Just find a new Social Security Attorney in you area. Go speak to him or her. They can't say much because you are being represented by an Attorney. However, they can provid you with the information to dismiss your current Attorney. Its very easy. You send a certified letter, "stating you want to dismiss them as your Attorney". Once you get the returned green card from the post office you can you bring the card to your new Attorney and he or she can take your case. I only know this because I changed Attorney groups. Good luck.
My husband was denied 3 times. Hired an attorney representative out of California Jay Starr. He was incredible when my husband saw the judge. My husband is 47 with numerous issues including a knee replacement and another on the way with ostio arthritis. He has worked his whole life and was injured to the point of unable to do much. We were finally approved over a month ago, but have not received anything but an approval letter. I am unsure why they approve you and then they make you wait to receive benefits for so long. We called SS and they said yes you are approved but did not know anything else. What a game they play with your life and your mind. I know someone who works for SS and said she is shocked by the claims that are turned down. She herself who is now fighting SS. I don't think that they really read peoples claims and go right to the denial. I wrote our congresswoman and it did help with getting to see a judge quicker. We showed up without an attorney and were told to come back with one and they will reschedule our court date. We did, we got a favorable decision but have not received any benefits. Why does it take so long from the approval date?
@Bogey, to be perfectly honest I have had experience dealing with the government when my husband applied for his greencard (very long story) but let us say it was a year long experience made that way by a paperwork bungle by the government so as I said have had my experience enough to make you once bitten twice shy.
I have a question about children's benefits. Since my husband was approved and my son would have been 17 at the disability determination date, would my son be entitled to back pay. I have read on some sites that he would but I am unclear on how to go about this. Does anyone have a similar issue?
Thanks
Hello, I read your storie and that helps me out alot. I have always been one to want to work. So when I got a job at walmart, I planned on staying there till I retired. Was gonna try for managment postion. I had been there for 4 years, I loved my job. But this past year it was all swept out from under me. I started to have numbness and tingling and increased pain from the neck all the way down my back, to the point that it would start to affect my job performance, not able to lift cant sit very long. Now I cant sit at all I dont walk much and im on pain medication, lyrica, zanaflex and medicine for my legs which stay on fire all the time. Every bone in my body hurts and joint. I get depressed cause Im not able to do alot of the things that I use to do or play with my son any physical activity puts me in the bed. I was diagonsed with multilevel degenerate disc disease of the cervical spine and lumbar spine after getting mri. I also have cervical spondalosis, ashtma high blood pressure and osteoarthritis. alot of times I am very lethergic during the day because of pain tires me out. I currently have a disability lawyer, and am waiting on the hearing to go before the judge. My laywer said I shouldnt have any problem of getting approved. But I dont like the idea of having to be on it, cause I have always wanted to work. I sit and cry alot because somedays I hurt so bad I cant get out of bed. I hate asking my family to help me with housework and cooking cause I have always wanted to be the one to do the cleaning and the cooking. Its been 6 months now hopefully I will get a letter in the mail soon to appear before the judge and hopefully ill get approved.
Hi Everyone,
I'm a 36 year old happily married woman with 4 children, 18, 14, 12 and 1.
I had to leave my job in Feb of 2010 due to health reasons and did not have insurance. Finally, in January of 2011, the pain was so bad in my left leg, I could barely stand, walk or move. I sought out assistance from a Chiropractor because I could pay cash. He worked with me for several weeks but was unable to even adjust me because of the pain. Finally, my husband's insurance went into effect in late February of 2011. I immediately sought medical care and was referred to a Neurosurgeon that ordered an MRI and due to a 16mm compressed disc, after my appointment that Tuesday, I was on the operating table that Thursday for a Laminectomy to remove the disc. I recovered initially from that surgery and after about two months began to experience many of the same symptoms and went for my follow up and was referred by the PA in the Neurosurgeons office to a Pain Management Clinic. Two more months went by and I again went back for a follow up and saw the Neurosurgeon who initially operated on me and from the level of pain, he knew something was wrong. I had CAT scans, more Xrays and another MRI confirming that my L4 L5 vertabrae were unstable and causing the pain and symptoms in my legs. I also told him about the severe cramping in my hand whereas it goes into a claw like form and I have to press down on a hard surface to try to straighten out my hand. He said I needed another surgery (spinal fusion) with plates, screws and a cage to stabilized my spine which I had done 9/22/10. In between the two surgeries, I also noticed blood in my urine and had a bladder biopsy and have chronic bladder inflammanation and likely Interstiscial Cystitis in which I was placed on more meds. I hired an attorney in my area that only does SS disability cases to help me through the paperwork. I got my first denial paperwork the day I got home from having my fusion done.... nice, right? The denial letter stated that I was able to perform some type of work. I don't see how because of my strong pain meds that make me unable to care for my young son without assistance. We appealed the decision and the attorney says I will know within 60 days if I am approved. My situation has now changed because I am in a back brack, cannot sit upright for more than 45 minutes, cannot even lift my own son or be left alone with him, cannot bend, lift or twist. Prior to being injured I worked in 2 call centers as a supervisor and trainer requiring constant motion, bending, standing and sitting for long periods of time for 10 years. Has anyone had any similar health issues and was approved and I'm wondering why it's only 60 days to hear back. The paperwork from the Attorney said if I get a denial letter again to contact his office right away to set a court date. Is that what takes so long? I don't know how I've gotten this far, this fast or so it seems compared to others on here. Any advice would be greatly appreciated.
@purty1gal2 I am not sure where you are located but I am in California. It seemed like we had to keep waiting long periods of time in between denials. Every time we appealed we had to go online and answer the same exact questions over and over. I called SS but I was told that they just pretty much look for some criteria and if it's not there it gets denied. I got tired of the run a round so I e-maile Jackie Speier's office(our congress woman). Within a few days I received a call from one of her staffers that deals with SS. He asked me to fax a release to him and my SS paperwork. I was skeptical but within a week we received a court date. I had never done something like this before but we felt helpless and needless to say I was very impressed by the quick response. My husband did receive a favorable decision and now we wait to receive payments. I e-mailed her office again regarding payments. We shall see what happens from here as far as getting payment quicker. I suggest writing your congress about your issue at the least they can help speed up the process. There are links on their site that refer to SS issues and you can e-mail from there. I think that when you finally get to see a judge you would get a favorable decision. It sounds like you have a lot going on and it would be a crime to deny you. When my husband saw the judge he made a comment about his age (47), that he had higher than a highschool education and that he wasn't in a wheelchair. He didn't even let the expert examiner called in by the court speak. We thought for sure he would be denied and were going to have to go back to court but within a week received a favorable decision. Our representative knew who this judge was and said he was a hard ass and it was going to be hard to get a favorable decision, but we did. Hooray! Don't give up, that's what they want you to do. I really feel that is the reason they have you keep repeating the same paperwork over and over. Many people do give up and just go away BUT DON'T! Keep pushing and write your congressman/woman. Good Luck to you.
@Ian- WOW I hope nothing ever happens to you and you are put in the same situation as many of these people. Your comment in not appreciated and if you don't know details of someones situation you should just not reply or even be on this site. Maybe you work for SS.
@ IB, if the disability for your husband began before your child's 18th birthday, you child will receive a lump sum check and a monthly check until your child is 18 or completes high school. So if your husband became disabled in October 2009, and won in October 2011, you will get 18, months back pay for your child plus a monthly check. @PMN, just hang in there. The system is slow. If your doctors agree with your disability and your attorney is good, you should be fine when you have your hearing. @Purty1Gal, I had lumbar fusion from my L2 toS1 plus hip replacement surgery. Social Security's own definition is you must be able to work 40 hours a week 8 hours a day. If not your disabled. With your condition and the medication Social Security won't be able to put you back to work. Just don't give up. Good luck to everyone and try to stay strong.
Why is someone like Ian on this site? Amazing how someone who doesn't know any of us or anything about our health, can judge. I guess trying to make people feel bad makes a coward feel good. Maybe if Ian could read he or she would be able to understand what injuries and being disabled is. To everyone on this site, I apologize for the post by a true coward. To all who are disabled and dealing with your disability I pray for your health and the benefits you deserve. To Ian, I had a career before becoming injured. My disability check is $4,000.00, a month less then my job paid me. I worked longer than you've probably been alive. Everyone on this site would surely chose to be healthy and working over being disabled and judged by people like you. Regardless, this is a free country and if you feel good putting disabled people down go ahead because the bottom line is your opinion of us means nothing. To all of Habee's followers, god bless you. To Ian, this country is a mess because of idiots who ran our country into a trillion dollar mess, not disabled Americans.
@ Bogey- My husband became disabled 2 days before his 17th birthday. I never mentioned it to my representative because my son is now 20. Do I need to fill out papers or something? Thanks for you input
And I agree about Ian not to sure why he would be on this site calling people pathetic. If you ask me he is pretty lonely and pathetic if he is surfing a SS blog. He must have some kind of motive. That would be like me going on a blog on how to fight Aliens lol. To each his own but still a little strange he would have an interest in a subject that doesn't affect him YET.
IB, you son should get approximately six months. Depending on your husbands Benifit, the amount is different for every person. Once you receive all the Social Security approval letters you and him will have to go to your local office. While there bring your son's birth certificate and Social Security card. Bring your marriage certificate and your identification because even though your husband is being awarded, the mother has to fill out the paper work for the children. I received a call after receiving my letter and they scheduled me for an appointment. My wife had to do all the paper work for our children, even though I'm the disabled person. I don't know why it's that way. Good luck.
Hot Tub, I deleted the post - not Bogey. I did so because those kind of links are frowned upon by Hubpages. Sorry.
@Bogey-Thanks so much for the information. Your awesome
@habee-Glad you deleted Ian as well :)
@Safiyyah, I don't understand why the government makes things so difficult. I use to joke with my Attorney that they must own stock in paper companies. I think Social Security likes killing trees and keeping paper companies in business. It's getting so difficult to navigate Social Security alone. Just watch TV during the day and you will see Social Security Attorney commercials all day. Scary! My only advise is do your homework, and choose a local Social Security Group. Stay away from these large groups that promise the world and only see you when you sign with them and when you have your hearing. If you google some of the groups you can read the reviews of these groups. A lot of negative feed back on the big groups. My Attorney had a small practice and very good reputation. They were very organized and kept me informed during the entire process. I don't have to tell you about the stress. It's nice when your treated like a person not a file. Good luck, don't let Social Security bring you down. I know it's tuff. Just be prepared and try to stay positive.
I was wondering if anyone here ever got a doctor to write a letter to SS to confirm a disability. I had asked my Orthopedic doctor to write a letter for me but he said that all he could say was that I had problems walking and that he doesn't want to get involved with the paperwork. What do I do now????
@ IB, I live in Port Saint Lucie, Florida and have a competent attorney. I meant to say my surgery date was 9/22/11 so just 3 weeks ago and when I filled out the pain questionairre, I was 3 weeks out of surgery so things looked worse than the last one I filled out 2 months before that because my pain meds are doubled and the relieving symptoms part, I put I needed periods of rest as well as medication and then listed all the side effects of the morphine and percocet which isn't pretty. I'm praying that at this level I get approved. My nerrosurgeon is completely onboard and in agreement with my being disabled and unable to ever sit/stand, bend/lift/twist or work a fulltime job. I'm really dreading the whole court thing because im sure it's my age that's causing my denials even though i've worked since I was 14. Once my back is fixed I am going to eventually need surgery on the discs in my neck to stop the symptoms in my hand anf for now they are doing epidural injections in the meantime. I never thought in a million years scrubbing grout for my son's big 1 year old party would turn into this....
@Afraid. The letters are good for your file and are very helpful at your hearing. However, you MUST have a doctor who is 100 percent on your side and is willing to help you. I had several of my doctors write letters and one gave a sworn statement to my attorney explaining my entire medical history and how I met Social Security's own definition of disability. Your doctor has to support you and your condition causing you to be disabled. If you have to, find another doctor. Check with your Social Security attorney he or she may refer you to a doctor who can help. I have 8 doctors and for some reason 1 wouldn't talk to my attorney. Good luck.
@purty1gal2- Well good luck at least you have a good attorney. The things we do as mother's that we would never think would harm us.
I wish you the best.
@Purty1Gal2, the Hearing Judges, Attorneys and Doctors understand that your pain levels are going to fluctuate. They don't like to hear people say I'm always in pain and can't do anything. Your human. Your going to have good days when your pain levels are controlled by your medications and your going to have bad days. When I had my Hearing, I was 5 months post spinal fusion from my L2 to S1. When I filled out my original Social Security paper work I put my back hurt but the pain level wasn't even close to 3 years prior to my operation. During my endeavor I had so many medical procedures and surgeries I can't even remember. Just be honest, trust your Attorney and your medical documents will speak for you. The day before my hearing I asked god for a favor. Plese give me a fair Judge and make sure the Judge reads my medical file. During my hearing, the Judge would ask me questions and say my doctors names. Since I have 8 doctors, I knew my Judge read my file and knew my answers were consistent with all my doctors. I hope you get the same result. Social Security Disability is such a mess for many reasons. One problem is medical reports not supporting a persons disability and people not being honest with there condition. I won't go into all the other problems because I would be here until next week. Stay strong and I wish you good luck.
I got an e-mail today from my Sate Senator and he told me that when my attorney files my appeal he will fax over a letter to the ajudication area and let them know he has an interest in my case. That was the best news I had had in a long time. I just hope that his letter will make a difference for me.
@Afraid, that is good news. Just make sure you find a doctor who will support your condition. The bottom line is no one knows your condition and can support your disability then your doctor. On your previous post you stated your doctor wouldn't talk to your attorney. That worries me. Talk to your attorney. He or she will tell you, without your doctors support your case is not very strong. I truly believe my Neuroligist's support is the reason I won my case. He is Board Certified since 1983, he treated me for 3 years and he was 100 percent confident I was disabled. He also had a mountain of medical records to support his opinion. My Hearing Judge gave him far more credit then the Social Security doctor who examined me. My doctor's sworn statement of my condition was even confirmed by the Social Security doctor at my hearing. In addition, my doctor's reputation in my City is outstanding. My Attorney was very familure with him and told me, if your doctor agrees your disabled you will win your case.
@ HOTTUB- (ps. love your name, as i love hot tubs.... eases away your pain )
thank you for your response... It was a big help, and someone else had told me the same thing.. I know i would owe the lawyer something, but i figured a few hundred is better than a few thousand...
just they seem to contridicate themselves with some of the things they say, and i feel the waiting game for them to just appear at a hearing is awful... i didn't get a attorney, until i was denied... and i signed the papers, then my daughter yells @ me that i should not of signed them.. ugh, haha.. not funny, but have to have humor when in the waiting stage....
thank you so much.... any other advice you have is more than welcome... :) god bless,,,,
I also wanted to say that in the past I had a great attorney, and I respect all that they do... really..... Just this attorney has not done the things she said she would, and even changed my paralegal and didn't even tell me. Communication is poor... I just feel that I need the money much more than they do, as I am close to bankruptcy, and waiting for hearing... So I could use the money I am entitled too... I have been in nursing for 26 years, and can no longer work due to serious health problems...
the system let me down, and refused me everything, as far as free or reduced meds, fuel, food, everything... really hurts when you worked ALL your life, and to be denied.... Just not right... for me, and for everyone else.... thank you all for such wonderful learning posts....
WHAT A GREAT SITE. "Some one please help me"I have waited 3 years to see the judge which was Aug/21/2011 about 10 weeks ago..I have heard nothing and if it is a bad decison from him the only way out for me is suicide..Has anyone eles waited this long ? I have lost everthing,husband,home,car and any means of support..If I could just hear anything form someone that has a clue about this it would be deeply apprecitated..I dont know if I can keep this up much longer I havent seen a doctor in 6 months and all meds have been gone for 4 months(psych meds) Bi-polar,Angorphobia,angzity..Lost
God please help me
@Sally, I won my case on August 19, 2010. It was a Bench Decision which is very rare. Needless to say it still took Social Security until October to notify me. Now my Judge told me I won to my face, sent me a letter the next day in the mail yet every time I called Social Security they wouldn't tell me anything. Since you didn't have a Bench Decision, you Hearing Judge has to write an explanation of his or her decision. The letter has to be approved by a higher Judge, then sent to Social Security. So my guess is, the Bench Decision saved me at least a month of waiting maybe more. If you have an Attorney check with him or her. They get paid before you do, so they may know what's going on. That being said 10 weeks is not as long as most cases. Sorry, good luck and don't give up.
FIRST OF ALL I LOVE THIS SITE.I've read a ton of these different sites when i was battleing my back issues surgeries and as of today 4 herniated discs.So I didn't mess around and I hired a attorney right off(local here in Vermont started july of 2010 actual paper work but have been disabeled since 4/2009)and of course i got turned down the first time the lawyer told me to appeal so i did got turned down within 60 days for the 2nd time(which he said is totaly normal believe it or not) and thats when they kick in and start there job because its the actual hearing for the 3rd time so he had me schedualed for oct 26th 1 week ago today.just the judge court lady and my lawyer and me thats the only people that were there.The Judge asked me some very basic ?'s and about 20 minutes later we finished. Upon leaveing my lawyer was ear to ear smileing and he said did you hear the judge at the end i looked at him and said not really the laywer told me they 98% of the time never say yes or no your approved but this judge pretty much told me in his way that I'm 95% sure you are approved from his experiences with this judge!! So I'm in the waiting process for the letter etc.Now I'm excited to find out.I told my aunt who got disability a few years back and she said that after she was approved like i was she had her checks coming in within like 2 weeks????back money owed to her and they were broken up into 3 big checks?? NOW MY ? HERE IS does every state work differntly because of work loads?? like i'm in vermont so were small compared to say like florida etc is that why my aunt got it so quick compared and are my chances of getting it that quick close to that or is every case that different hmmmmmmmmm
I just received the papers to fill out for my reconsideration. If I went to the SS office, would they give me a copy of what they have on me so far?
Has anyone on this site ever used Binder and Binder. I am strongly considering using them as my lawyer has told me he only took the case because of our family. I really don't need to go through this humiliation from doctors and now my lawyer if there is no way to win this case. Please help.
Sir you statement was 10 weeks is not a long enough wait for a decision to be be made from the judge...Is this common and if so what is the process for the courts to render a decision from your understanding ? I need to see a Doctor for my med and theres no way I can pay any amount to vist a clinic or by meds .I'm near homeless and to come up with 20.00 dollars is impossible for me.If anyone reading this form has experienced the same situation PLEASE tell me ..In desperate need
Hi Sally, I know how you feel. If you do feel the urge of suicide, call 911 and have them take you to the county hospital. There, they can admit you into the ED, and have a psychitrist look at you. Woory about you first, money later, I will pray for you, Sally.
@Frickfrac, it is a Federal system but every City, State and County are different because of the number of cases. Thank you Gary for you support. To everyone, Social Security is a messed up system. Don't let them get the best of you. Fight to the end. Find Attorneys who believe in you, your disability and your doctors. If you can't afford a doctor go to the local hospital. Just keep records of everything. Dates, times, names of doctors and hospital. Good luck to everyone. @Sally, there is no standard time line. I received my letter of approval 10 weeks after the Judge made a Bench Decision. In your case the Judge did not make a Bench Decision, so I feel it's going to take you longer to find out the decision. Sorry, that's just my opinion. I'm not an Attorney, I'm just a person who went through the entire process. Over 3 years to win my case. I hope I'm wrong and you receive your letter tomorrow. Stay strong and good luck.
so i called a week exactly after my hearing and thank god i got someone in a vermont office there so polite up here and the lady set me up for direct deposit (my lawyer told me to incase) and she tolld me that my paper work was sent to Baltimore 2 days after my hearing on oct 26th?? she said its still pending and shes not sure but usualy when it goes there thats the process of figureing out payments and stuff..wondering if this is true and if it means the judge signed off for a approval??
Everything you guys that live in Florida are saying about this state is true. I filed for Soc.Sec and had been denied two times I am appealing again I now is the hearing process, they even cut my medicaid because I have high income , this is ridiculous, because I receive 674.00 for my disable kid that they are reviewing it again because they want to cut his too, and 200 dollars on child support I am over in my income what is happening in this state. Who lives with this income? I told them I pay 650.00 in rent, like 300 in utilities, 75 dollars in cell phone and gas and everything that leaves me with almost nothing but they don't care, know with out medicaid I can have treatment for my fibro because my reumatologist and neurologist don't take that share cost medicaid I have, so now I am worst with my condition, I am in chronic pain 24/7,I am always sick, with fatigue, my hands are always swelling, numb, also my legs and feet, my neck hurts, shoulder, I can't even lift a piece of paper, open a bottle of water or of anything, I cant hold my cell phone more than 10 minutes, because it hurts, I can't do my groceries with out help, do my hair with out my daughters help, I am havig problem even driving one time my leg got numb and could not feel it at all and got scared because I couldn't move it to push the break and stop the car and I had to used my left foot and do it it scare the crap out of me,and write now is hurting my hand writing all this, I can't be standing more than 15 minutes that I will need to sit down quickly or my knees will start to tremble and I will fall if i don't do it fast, and if I sit for more than 15 minutes my knee start to hurt me very badly, my right hand is always numb and in pain constantly even with medication ,I cant sleep because of the pain, cant walk because I injured my calf because of this fibromyalgia, and no government seems to care about nothing, this government employee treat you like garbage on the phone and in person, this is humiliating. I had been a teacher for 6 years have work for a long time, I did not ask for this disease, I wish I don't feel this bad so I can go back and work and support my two kids, but I really cant, this is so sad, and now I been treated for a severe depression I have, who won't be depress with all this coming in your life at once?, is overwhelming. sometimes I think that is better to be dead that suffering all this, with out no help, and nobody caring or helping. :-(
first i would like to thank bogey fo all his help.
i have another question i hope you can help me with..
my back pay will be offset because of a workmans comp settlement, i was awarded 25 thousand dollars workers compensation lump sum 4 years ago only got 19 thousand dollar after lawyers fee,so i got 19 thousand dollars total,, will ssdi offset the whole 25k or just the 19k i actually received,thank you in advnce
@Acruz, I think they go by what workers comp paid you not by how much your lump sum is. I never received workers comp so I don't have an exact answer. Your attorney might be able to help. @FrikFrac, it's tough to say what Social Security is doing. I do know they send files from one state to another for review. As far as your payment and any lump sum I don't know where they determine that. I just remember getting a letter telling me my amounts and then making an appointment with my local office to fill out some forms. After that they sent my Medicare Card first, then my monthly check and then my lump sum. @Madeline, it is a very mess up system. I live in Florida a went through every level before being approved by a Hearing Judge and it took over three years. It sucked to put it nicely. How long ago did you start the process and do you have a local attorney? I know it's easy for someone not in your position to say hang in there and be strong, but you have to. Do it for you and your family. Also what part of Florida are you in? Some of the larger Counties are much slower then the smaller Counties. Let us know and try to stay strong. @Affraid I have seen Binder and Binder on TV. I would use a local Attorney from your area. These big groups will sign you and then send an Attorney you never met to your hearing. I have heard to many cases where people met their Attorney on the day of their hearing. Also the Attorney wasn't even from their city/state. It's up to you but my Attorney met with me on many occasions, had people from his office contact me for updates and prepare me for my Hearing. Also if they needed doctors reports I could hand deliver them, which saved time and money. In addition, my Attorney knew my doctors from his years of handling cases. These things are very important. The last thing you want is your Attorney not preparing your case they way you Hearing Judge wants it. A local Attorney will know all the Judges because they go before them everyday. My Attorney knew my Judge and told me what she wants and how she conducts her hearings. He knew I won my case before the Judge made a ruling just by they way she asked questions and when she dismissed the vocational expert and only let the doctor speak. He told me this after the hearing. Just choose wisely. Good luck everyone. Keep fighting and god bless all of you.
I just applied for Social Security Disability in July, they sent me to their doctor in September and I just got a letter saying they have found that I meet their medical rules but they have not decided whether I meet their non-medical rules and they will make a decision soon and I will get a letter explaining their decision, just curious what that might mean for me?
Well I am a 34 yr male and back last year 10-10-10 I had a unclear diagnosis of M.S I went to the local ssi office and told them what was going on.. That was here in Fla. I was informed that if I had the paperwork showing that I had M.S I would not have to worrie about anything..It would all be takeing care of. Well I Had a child of only 2 mo. old at this point and I was going though alot. I got a letter telling me to go to one of there Dr's well the day before the appt. I had a death in the family my step dad died in the house.. I really was not thinking about anything then.. I was forced to move so I packed up my wife and son and we moved to Alabama There I had no choice but to get a job. I worked for 21/2 weeks and I got really weak at work and almost passed out. They to me to the hospital and did some test and yep it was the M.S I had to go see a Neurologist And a great one did some test and more Mri's then all the Med's started Rebif and all kinds of pills.. Now because of all the waiting and the bad luck I could not go back to work. My wife was expecting again and no work ran out of money so we had to ask for help and now we are back in Fla. We just had our little girl on Oct 21st. I am still not able to work. now we have 2 kids. And the hold up now is the last D.r they sent me to the shrink went out of town after she seen me I am sorry I meant of of the country. And she did not send the papers 1st. So the 2 weeks I was told it would happen in has now been over a mo. Now here in Fla they want to send me to there Dr.. I have to hold on but I can't I have to find a way to support my kids..
At least I got some good news the other day. My Orthopedic doctor and his associate told me he would sign off on papers to say I am disabled and can not even drive or sit up for very long. I am waiting for my records to be mailed to me so I can continue with my lawyer. I know I still have to wait for my hearing but SS told me that if the evidence is strong enough, I may not have to have the hearing. I am hoping for more good news. Thanks to all who support me on my journey.
Playing the waiting game once again. My husband was approved 6 weeks ago. We spoke with the attorney and he said his file went to Baltimore due to his age. He said that Baltimore is one of the biggest offices and are probably backed up. We were also told that SS workers use to work a ton of overtime to get files completed and now they are told they need to do it within the 8 hours of work time. No overtime. Apparently this is why they are so backed up. My representative said his file is probably sitting on a desk with some guy who has his feet up trying to figure out his own retirement lol. The problem now a days is people just don't do their job. It seems like wherever you go you have to redo everything you do or make 10 calls to get anything done. Whatever happened to doing things right the first time or not being lazy. People's lives are depending on their payments to be sent immediately and their cases to be heard. No one wants to have to keep calling to get updates only to be told they can't tell you anything and don't want to go the extra mile to help you out. Instead of being told that SS needs to be cut they need to cut the workers that don't want to do their jobs. So here we wait again 3 years into this. Good luck to everyone and just keep playing the waiting game that's all we can do.
@Jon I know it stinks but it's a very long process. Also every time you go back to work, Social Security uses it against you. You have to be out of work for 6 consecutive months and expected to miss a year or more. Also don't believe a word Social Security case workers say. They will say anything to make you think your going to win. They have no say in determining your case. I really think you should speak with a Social Security Attorney because of your age. I was 41 when I became disabled and my Attorney told me the only reason I was denied was my age. Good luck. @ Affraid that's great news. @ IB don't look at like that and I will tell you why. Files at every level get sent all over. If your husbands file is an approved file it just needs a signature. Most files need doctor reviews, vocational reviews and approval or denile signatures. My file went to Atlanta for a denile appeal. Your past all that. It just needs to be signed off and sent back. You are correct about Social Security being to most mismanaged and worst operated organization in the country. As far as talking to them over the phone they won't tell you anything. I even told them I'm holding my approval letter I will fax it to you and they just told me we don't see anything on the computer. I know that's a lie because they have a bar code scan on every page. Just hang in there. Maybe you will have good news before you know it.
hearing on oct 26th got my letter of fully favorable today nov.4th WOW 9 days I was so nervous.you might have to go through the 2 denials but once you have a hearing and ALWAYS have a lawyer(just a disability laywer the bigger the firm means nothing),,,not sure if its because i live in a small state (VERMONT)..Now its the horrible wait of waiting for cash to pay off everyone and all the billsssssss...ughhh
@lb ooohhh god thats were my papers have been since october 28th.I think there all on computer wouldn't you???? how long have yours been at that place lb?
Hi, I just found this HUB!
I believe that habee is the moderator, but please anyone if you can help, please jump in at any time!
Here is my story:
I am now 47 years old. At the time of applying for SSDI, I was 46. I was experiencing troubles with my hands and elbows (which would shoot pain up to my shoulders and neck. I already have existing high blood pressure, anxiety, depression, insomnia, TMJ, and migraines.
I am divorced. I relocated to the state of Indiana from Tennessee. I have two biological children (adults both in their mid-20). I had both children naturally -- no locals or epidurals for either!
Migraines since age seven -- but documented only in the past 20 years.
TMJ/TMD – Temporomandibular joint disorder – that is where your jaw connects together. I have had an arthroplasty surgery done to repair the disks on both sides about 10 years ago. Now the joint is giving me troubles again.
Sleep disorder since birth (my Mom said that I came home from hospital sleeping only 3 hours per day) -- there in was told in my later years that I should have been diagnosed with being ADHD, too. Therefore, I have only slept 3 hours (yes, in total, since birth) per 24 hours; diagnosed in the past 20 years.
My medical doctors have tossed around the depression for the past 20 years as well.
Anxiety has been something just recently in the past 5 years. I guess it is something that just has crept up. I have always been "backwards and shy" or consider an "outsider" or "someone who stands in the outer edges of the room and watches the crowd". I do not like being where there is a big crowd, not even if it is my family. Never wanted to be the center of attention. Just have always said, "I do not like people". I am very much happier to stay at home than be anywhere else! Introverted rather than extroverted, if you want it! LOL Crowds scare me! I have other "issues" too...getting lost easy --then the anxiety kick in and I have a panic attack --then getting angry because I got lost in the first place! Thing such as that. Those things are becoming more frequent. Therefore, I just stay home to avoid people and getting lost (or whatever).
High Blood Pressure -- I am tall (5 feet, 9 inches), skinny (130 to 150 lbs -- is usually my weight pattern), BUT the HBP is inherited from my family -- everyone (almost) has the HBP, therefore I was unlucky to have it as well, diagnosed within the last 20 years as well too.
The documentation of the above should be extensive throughout the last 20 years of my life in all my medical records easily obtained from my primary care physician (or family doctor).
My PCP (primary care physician) sends me to a neurologist for my insomnia. The neurologist decides that he want to treat the migraines first, instead of the sleeping problems. Therefore, the migraines should be well documented once again for the past year. He finally says that I need to go to a headache clinic in Chicago, Illinois because he can no longer help me.
I am being sent to a hand specialist for my hands. Carpal Tunnel AND Cubital Tunnel is the decision that was made. On both arms and hands. THEN, I am told that my left thumb has to be fused because there is a cyst in the bone and the joint is bone against bone. I did have some type of surgery on my left thumb about 10 years ago for pain in the thumb joint, it was not fused, but that was for arthritis. Which I find out is what is wrong with my right thumb, but much worse. There is major deterioration in the muscles of both of my hands because of the Carpal Tunnel and the Cubital Tunnel. Oh, by the way, Cubital Tunnel, for those of you who do not know, is Carpal Tunnel of the elbow. It is the pinching of the nerves in (and could be above the elbow too) elbow area. I have an ugly scar that is about 2 inches below my elbow joint and about 5 inches above it – and you notice it when I wear short-sleeved shirts!
Okay – I have had the Carpal Tunnel and Cubital Tunnel surgeries on the left hand and arm. I have had the Carpal Tunnel and a Trigger Finger on the right hand. Was scheduled to have the right thumb fused.
I usually work two very physical jobs (the last jobs were part-time and then a full-time) and was attending graduate school working on my Masters’ degree. I took a lay-off from one job and working the part-time job (which is my primary job—because it had my medical benefits). I was pulling unemployment payments from the lay-off and working my part-time job.
I took a medical leave from my part-time job. Benefits included a “short-term disability”. The unemployment stopped due to my taking medical leave because of the surgery. My “short-term” benefits did not kick in until after my “vacation” pay weeks were paid out completely.
In the end, I had troubles with the insurance company paying the stupid “short-term” benefits throughout the complete medical leave!
CURRENT ISSUES:
I am still employed with my part-time job.
I have filed for SSDI. I currently waiting of the HLJ for the Hearing, I have an attorney.
I did not get the surgery to fuse my right thumb because the therapist kicked me out of physical therapy “due to the fact that I was not making the progress that the insurance company thought I should be for the second surgery (which was on the right hand). Therefore, the insurance company suspended my medical insurance, the “short-term” disability board “deemed” me ready to go back to work and denied my third appeal for “short-term payment”; the doctor released me back to work with restrictions of “one-handed light-duty”; my job does not have “light-duty” work of any type for my position.
THEREFORE, I am unable to go back to work – BECAUSE the doctor will not give me a full release to go back to work until I have the next surgery. I am unable to go back to get the next surgery – BECAUSE my insurance is suspended. The insurance is suspended – BECAUSE I cannot go back to work. I am in a whirlpool….with this mess…
In the meanwhile, I have applied for SSDI – have been denied throughout this process…hired an attorney to hopefully help me.
I have not told my boss that I have applied for SSDI – I considered being on “personal leave” by the HR department and by the insurance company. BUT my office and my boss said that they know where I am and they know that I am on medical leave – Thank God that my job is a UNION job…or they could have FIRED me back last September (2010) a week after the first surgery!
NOW for my question: What are the “odds” of winning or losing the case at this point? Is there any way to figure a length of time for this ALH hearing?
AND: Since my medical insurance has been suspended, I really do not want to rack up the medical bills, how can I get medical help?
(NOTE: I do not have an income at all. NOTHING! I am in the middle of applying for food stamps just to be able to feed myself and doing so makes me feel like crap, because I have never asked for this type of "help" before in my life. This does not help with depression at all!)
Now that your eyes are bleeding from reading my "book"...if you have any information or knowledge to pass on I would greatly appreciate it! Thanks for your time, too,
Carrie D
@frikfrac- We were approved September 22, 2011. Our rep told us we should receive payment in 4-6 weeks. It has been 6 weeks yesterday. I heard it was the most busiest SS office and the largest. Lucky US! Everyday I check my checking account to see if the direct deposit went in and everyday I get worried that for some reason they may change their mind and say we decided to deny you after all. I guess I just don't have much faith in SS even though my husband is approved. Good Luck let me know if you get yours and I will do the same for you.
@Carrie, every city/state is different. The wait time from denile to hearing can range from 6 months to 18 months. As far as your odds, from my research 70 percent of all cases win. The problem 7percent win at the first level, 13 percent at the reconsideration level and 50 percent at the hearing level. I bet it would be higher but people give up, so with good board certified doctors, a good Social Security Attorney and medical documents to support your condition you should be fine. I hope I was able to help and good luck.
@Carrie, every city/state is different. The wait time from denile to hearing can range from 6 months to 18 months. As far as your odds, from my research 70 percent of all cases win. The problem 7percent win at the first level, 13 percent at the reconsideration level and 50 percent at the hearing level. I bet it would be higher but people give up, so with good board certified doctors, a good Social Security Attorney and medical documents to support your condition you should be fine. I hope I was able to help and good luck.
Hi Habee:
I knew right away before reading your article about SSDI, that it was going to be not only very useful, but awesome as well. In fact my finger hurt holding the down arrow key, because it took me that long to get to the last comment. Anyway thanks for sharing this information. I do have a family member who is in the process of getting SSDI. After reading your article, she definitely will not give up hope. To add, she has documentation to support her illness, which is without a doubt legitimate. I believe this article will give her that added bit of encouragement not to give up hope. Again greatly appreciate the information which I voted up, useful and awesome as well. Happy Hubbing!
Jl
Hi, Jl! Good to see you!
To everyone: I appreciate everyone here! I can't get here as much as I'd like, so I'm very grateful to readers who are trying to help others - especially Bogey. Also, please understand that every case is different. It's next to impossible to look at a case and say whether or not it will be approved for SSDI - unless you're a lawyer. There are just too many variables.
I have a friend who's going through the process now, and she's been told that GA is backed up with disability claims. Your state may or may not be the same.
As I've already stated, Bogey knows more about the ins and outs of getting approved for Social Security disability than I do. In my original hub, I just shared my personal experience and what worked best for me and my case. I was approved quickly. I had no idea this hub would take off like it has!
Blessings to all, and hang in there!!
help me what should i do can this get me disability. start with this is work comp case & doctor. i had fusion of my c4/5 of my neck 10 months ago and a double lumbar disctectomy of l3/4 & 4/5 six weeks ago my neck constantly in pain and spasms. to point i just ice up my neck and lay down.i still have numbness and week shaky arm on left side ive told doctor this many times and just get a blank stare. my hip low back are in constant pain to some degree and my leg just aches all the time and now always feels restless.im 41 and just lost my job would all this qualify me for permanent dissability
@Wall Eye. Your condition is more then enough to find you disabled. Your are is against you because Social Security will try to say your young enough to do some other type of work. I was 41 when I became disabled and they tried to say I may be disabled from doing my previous job but I'm young enough to do something else. Your education and they type of work you did also work against you. If you did sedentary work, it's tougher for them to train you to do construction work. However, if you did construction work they can try to find you a desk job. The bottom line is if your doctor is a specialist and has documented your condition your case is much stronger. Also, if your doctor agrees your not able to work 40 hours a week 8 hours a day, your disability claim is even stronger. You need a Board Certified Doctor who is willing to support you disabled. That being said, Social Security doesn't follow it's own rules. From my research 70 percent of all cases get approved but only 7 percent get approved at the first level. 13 percent at the reconsideration level and 50 percent at the Hearing level. To help you more, let us know a bit about your education and work history. Also have you filed for disability yet? Habee's information above is very useful when starting the process. I didn't know about this site when I started and was denied twice. Honestly, I thought my condition would improve when I first filed. I also only filed because my long term disability insurance company made me. My mistake. After I filed, I had two major surgeries and over a dozen medical procedures. So my condition became worse after I filed. If I had spoken to my doctors before filing I would have been in a better position to understand my condition and probably won my case quicker. Let us know a little more about you so we can help you avoid making any mistakes. Just so you know after I filed I had hip replacement surgery and spinal fusion from my L2 to S1. That alone would have won my case because it's an injury to 2 major weight bearing areas of my body. Add all the physical therapy and medication, my case lasted less then 10 mins before my Hearing Judge. Spinal injuries are tough to prove, but you have already had surgery and will probably need more. I'm sure you also take medication that cause you side effects. Good luck, give us some more information so we can give you as much advise as possible. Were not attorneys but we have been in your position.
lb omg that is ridiculous waiting that long forgod sakes eveythhing is computerized today lol..I feel if you are succesful they should have 30 days or less to pay you.It's likke push here dummy lol for them not like all the numbers are not there already lol.
NOW my 2 son will get this also through me so do they get a back check also????
will my boys get a retro check also for being independants of a disabiled dad back 2 years like me??
@ lb i think that if we don't pay the gov. we would be charged 8% interest so why can't we draw interest off of them if it goes over 30days might make them take there feet off there desks and do some work lol... uncalled for when approved it should be done immediatly period.
bogey,
to start thanks for your time,as stated im 41yr old with a GED education level and was injured on the job. i worked for a larger tire manufacturing company that just closed i have worked there for the last 17 yrs. i have always been in some form of laborer hourly job.i am still currently on meds hydrocodone and muscle relaxers im currently in physical therapy for my back and man it's killing me. i have not filed for disability since im currently drawing work comp so i still have some cash flow. as stated its a work comp case with work comp doctor and i truly doubt for much help for him for any disability aid . not to say he's not a good doctor but he is being paid to return people to work asap.as i said just lost job to plant closing now physically im not the man i used to be and never will be again,have wife and two children and i was only income now with my injury's i can only imagine trying to finding a job. it hurts to sit or stand for any real length of time with my back and my neck is just a whole other monster.with my head tilted up or down more than a few minutes really causes alot of irritation resulting in headaches and extreme burning in my neck, not to mention i have lost strength, dexterity,and stability in my hand and arm . im just sick im only 41 and struggle now to enjoy life now. everyday is different i may feel decent today then do a little then regret it for a week . i pray GOD bless everyone who struggles with these sort of issues i never imagined i would be like this but here i am.
@frikfrac- I think that's a great idea. They would have no problem charging us interest if we were late paying.
Does anyone know about the Ticket to Work Program?
@Wall Eye, believe it or not, worker comp would love for you to get approved for Social Security Disability for two reasons. First you will receive Medicare and second they won't have to pay you as much or they will just offer you a settlement. As I previously said your medical condition is very strong to support you. Also since you did physical work, 1/2 the work Social Security may want to place you in you can no longer do. Those are all in your favor. If I was you I would go speak to a local Social Security Attorney. It's free and an Attorney in your city/state can direct you to every resource available. In addition, a local Attorney probably knows your workers comp doctor. Remember workers comp is always screwing of injured workers so a good Attorney will know or know someone who knows your doctor. Also not to put you down, but the higher your education the more work Social Security can find for you as well. I think you have a strong case, you may have to fight to win but that's because your age not disability. Good luck, and see an Attorney. Get all your medical records together, keep a file and get everything documented. Then file with Social Security. Just remember, don't trust them or anything they say.
@LB someone told me 2 days ago that they called the ss office everyday at least 2 times and after she started to do that they had everything for her in less than a week lol i would thinnk if everyone did that we would be tieing up our workers and makeing things go slower but it worked for her..have you been calling them?
@frikfrac- Yes we have been calling them and so has my representative. He is calling them again on Wednesday, but I think you are right, Maybe I will call them everyday and annoy them to death so that they will get on it lol. Apparently they are still calculating everything. I guess they are not mathematicians. I even wrote Jackie Spieres office again to see if they can light a fire under them. It worked for the court date who knows can't hurt to try.
@Wall Eye. I have a friend who was injured on the job over 10 years ago. He still receives workers comp and Social Disability. Workers comp has made him offers to settle but he's hired a workers comp Attorney because what they offered is not enough. He's not trying to be greedy, but he was injured because of someone being careless. In addition, after his injury they fired him because he couldn't go back to work. The Attorney won that battle and he's back receiving workers comp, but he feels his job owes him for 22 years of sick and vacation time he never used plus when he was fired he had to pay for major medical surgery. I don't know how workers comp works, but in some states they stop paying after a certain time limit. In my Friends case, the workers comp doctors said he needs another surgery but workers comp won't pay. Because it happened on the job, Medicare and his private insurance won't cover it either. Since I've been on Habee's Hubpage and done my own research it's unreal how many people get screwed by our broken health system. Good luck and keep fighting!
I had a call just now from my disability case worker asking if she could call me in the AM (because of the late hour) to discuss my job duties. I suppose she meant what I did for the last 35 years as an RN. Anyone else had this talk?
When I filled out in the beginning, Social Security called me for some further questions @ @ concerning my application for Disability. Makes no sence since they have your W-2, but maybe they want to know if you treated patients or worked in a lab or even an office. Remember, every question has reasons. If you worked in a lab, they can try to find desk work, if you worked in the ER, they can say your disabled from that type of work but, you can do seditary work. Be consistent with your answers. If you can stand for twenty mins then need to rest, tell them. Same with sitting and walking.
Thanks Bogie, I was just thinking about it and I am pretty sure that I gave her my job description in an earlier conversation but could be wrong. It will be three months next week since applying so when I see the number on caller ID I get nervous. Thanks again for your response. It helps just to talk to someone who has been through it all. Best wishes and hope things are going well for you and yours now.
Hi Nancy, I am a disabled MRI tech who has been doing the same type of work for 25 yrs. I was asked similar questions, ie how much standing sitting lifting pulling etc.. I was also asked how my disabilities affect my day to day activities. I recently completed a comprehensive medical exam, and mental exam. I have documented proof of my disablities on my labwork. Listen to Bogie, he has some great advise. Since I completed my ce's last week, can anybody guesstimate how much longer? I live in San Diego, Ca. Thanks, G
Thanks Gary, I thought I filled out a form about all of this shortly after I first applied but the memory is not what it used to be.How long has it been since you applied?
@Nancy. What I did because they ask you the same questions or similar questions, I made a file and copied everything. I took my file with me to every meeting with Social Security, had it with me when they called and took it to my doctors. Also the forms my doctors completed I had copies as well. Another important thing is get copies of your doctors reports. That helps because months or in my case 3 years later, my doctor just used my copy of his report that I had to be consistent. After seeing different doctors you forget things. This made completing the forms easy for my doctor and supported my statements of daily activities, things I do, things I was restricted from doing. It also verified my limitations, sitting, standing and walking for different time periods. It also was a way for me to evaluate my number of good days, bad days and keep track of my pain levels and medications. You may feel good on one visit to your doctor, then a few months later feel awful. Doctors know your going to have ups and downs. Just make sure it's documented and keep copies. I can't proof it but I think Social Security is just trying to catch inconstancies. Good luck!
Wise advise, Bogie. I have been pretty good about keeping files,labs and tests from my two different cancers in 7 years but not many would think to keep a running copy of their statements to SSDI. At my age and since the stroke last year, I find my memory no longer very good.I should have made copies of all the paper work I had to fill out but didn't. Wish I had of found this site before I did. You give great advice and I know so many appreciate your service as much as I do. Thank you!
@Nancy. I learned from my mistakes. So I hope any information I post helps you and anyone in your position. It's such a slow process and most of us are dealing with our health, families, money issues and Social Security's messed up system. I hope your disability case moves quickly, so you can put one less stressful issue behind you. Good luck.
Well, I completed the call after over an hour. I felt sorry for the case manager, so overwhelmed with work and so many cases. Thanks to Bogey, I had my ducks in a row and all my files before me as I spoke. She said she has received over 200 medical files from my various docs but of course they were not in chronological order. At the end I asked if I was getting close to a determination, since next week it will be 3 months, but she would not commit to a definitive answer.So the waiting continues. I am so glad I found Habee's site and for all the wonderful information I have gleaned from those who have gone before or are presently going through the process. It makes you feel like you are not alone.Bless all of you good people!
@ bogey: Thank you so much for your comments! I guess I am on the right track with hiring my attorney. Just having my (work) medical insurance suspended has me worried right now because I cannot go to see my doctors. I really don't want to rack up the medical bills. I recently came through a terrible divorce and had major "bills" that came through it with the divorce papers. It has taken me a long time to get those "bills" paid off -- long enough that I was getting calls from several collection agencies. I really don't want that experience again! But I guess in order to get the medical help I have to go to the ER (IF they will see me) and try....I feel crappy right now -- as I said the depression is worse. Not having the medicine that "helps" with this is not a good thing either...but I will stick with it and hope for the best! I am just not used to being at home and not working. I usually work 2 or 3 jobs at a time plus attending school. It is so hard to go from all that to nothing!
Thanks again for your comments!
Carrie D
@ frikfrat and lb: are you both saying that you called the SS office on a daily basis to get your hearing date and that sort of sped up the process? I have read through the comments and must have missed something, because I only see these last two postings...
I do apologize that I jumped into your conversation too....
Carrie D.
@Nancy. I'm glad you spoke to your case worker. Now he or she will get it ready for the first review and they will decide if you need to see a Social Security doctor or they may just make a decision on the spot. I will keep my fingers crossed they make a quick decision and approve you based on the information they already have. @Carrie. I made so many calls during my case and got nothing but the same answers. Your file is still being reviewed, it's being sent to another state for review or the status is pending. Then a day or two later a letter of denile would come in the mail. They know what's going on, they just don't want to say anything because if they say your denied over the phone they know your going to get into an argument with them. Even the Hearing Judges rarely make bench decisions, because they don't want confrontations in the hearig office. All the letters have a tracking labels on them and they know your status. It's probably a policy not to say anything to people going through the process. Even if you go on line to check the status, all you see is case pending. Good luck everyone.
OKAY so i went to my ss office a friend of mine told me to take any shut off notice and to write a quick letter explaining any hardship with me.Was taken right in and said ooo there only waiting for 1 paper and then you should be fine!! She also said this one paper could have made me wait weeeeeks so i went home got the paper waited again for my number about 1/2 hour and they did all my paper pushing right then and there she said you should have your money in a week or sooner!!!! SO IF THIS PANS OUT I'll let you know.But as far as I'm concerned go to your local office and be face to face with them and you will get answers.I called 4 times in 2 days and got nothing went in and had answers in 5 minutes!! don't be one of those people to wait for them or you will be waiting.
@carrie no that was to get our money after the fact...BUT BEFORE MY HEARING I called my lawyer and told him about my shut-offs etc and he got me a hardship hearing which will bump you up the list(it did me).then don't mess around once you find out your approved go directly to your local ss office and find out from them if your missing anything so your not waiting weeks and then get a call saying oops were missing a paper or signature lol because they will
@ Carrie- Same as Frikfrac. I just keep bugging them. My representative keeps bugging them as well. He said he finally got someone that seems to know what they are doing. She said they have to do all the calculations with workmans comp and disability before they can send the back pay. The problem is all my papers were sent weeks ago and they of course couldn't find them so my representative had to send them again and tell them this is a hardship and you need to get on it now and she agreed so hopefully (fingers crossed) we will be seeing payment soon. SS is one big mess. It seems that you have to keep on them constantly. Even though she may seem like she is going to make things happen, my husband is going down to the local office tomorrow. We shall see what happens.
Hi Nancy, I applied for my disability in September, 1 year after my disability prohibited me from working. You sound like you are organized and that will help you alot. I wih you well, and lots of luck! :) Gary
Thanks Gary for your response. I just received a call from my case manager to tell me she had discussed my case with her supervisor and that they want me to see a psychologist and a doctor for an exam. I have told her several times that I would be glad to see any doc she wants me to so she will call Monday to let me know who and where. Don't know if this means progress or a delay.
Gary, I applied in Aug of this year after being retired since June of 2010. Sounds like you applied just after me. How is yours progressing? Hopefully well.
Can anyone tell me how long after you see their doctors do they make a decision? This is so nerve wracking, isn't it?
@ frikfrat and lb: Thank you! I am currently awaiting for the date to go in front of the Judge! It really hasn't taken me very long to get to this point. Thank goodness, and I hope the rest of this process goes a bit faster!
@ Nancy: I saw their doctors (two of them -- only!) then the next week I got denied. AFTER their doctors sent them detailed document saying that I was disabled and that I was "suffering" from chronic depression, that this disability has made worse. Yes, I do have copies of these reports -- and yes, my attorney does have the same copies.
By the way, the SS doctors USUALLY will not give the patient copies of their reports (or so I am told) but for some reason when I asked they gave me a copy. They both (the doctors for the SS) told me that I should be approved and that they would send their reports saying this. I do not understand why the SS denied me -- since they base some of their findings on what THEIR doctors say...it is making me crazy.
As you will notice, Nancy (and everyone else), everyone on this HUB will remind you to make sure you get copies of all reports (therapy and medical) for your own files and if you choose to hire an attorney for those files too.
Make sure you document EVERYTHING -- including phone calls to and from the SS office. Please remember to include complete names of whom you talk to in that office AND the date (and time).
I have a friend who kept telling the judge that "this lady" or "this man" from the SS office said ..... and the judge would ask "WHAT LADY" or "WHAT MAN".
That judge wanted NAMES of everyone my friend spoke to! Because my friend was saying that the people to whom she spoke was making promises that they (the SS employees) had no legal right to make!
No, I don't remember what they were promising...AND this was several years ago (about 10 years ago)! It took her almost 6 years to get approved for SSI. She lived in Tennessee....
I am still waiting for the hearing date to go in to court....and I understand (as we all do) when you say that this is "nerve wracking", Nancy! good luck to you...I'll keep my fingers crossed that your case is finished quickly...
Carrie D
I'm waiting to hear about a reconsideration. I'm wondering if they are going to send me to another psychologist. Before their denial, they sent me to a psychologist and an internist for a breathing test. The internist told me to go talk to a priest. In the denial, they never mentioned the psychologist report, only the internist report. I've found the lawyer I want to hire so it is just a wait and see now. Just can't believe it might take years to get approved. I'm a widow, will be 52 in January and I can start SS at 60, I just hope this is approved before that.
@Nancy. Every case is different. The doctors Social Security sends you to usually see a lot of people for them and they don't always specialize in the area of yor disability. In my case they sent me to a pediatrician and I have hip and spinal problems. Bring all your medical records and a list of your medications. When I saw the Social Security doctor see didn't even know what my hip condition is. See made about a hundred copies from my file. It really was a joke. I had to explain the different procedures to her and the waiting room was full of kids. Also, take your meds because when you go, they treat you like a first time visit. You spend 20 mins filling out paper work. So if you have your file your answers will be consistent and you won't forget your meds. Sound silly, but I can't remember all my medications and the doses each one is. I just give my prescriptions to CVS and since I take 9 different medications it easy to forget or get confused. I feel your stress. I went through it for over 3 years and the closer you get the more you worry. Your not alone. It's so sad that you work your entire life, pay taxes, your a good citizen yet the Social Security Disability process makes you feel like you've done something wrong. To answer your question, Social Security probably has the reports in a few weeks but they will be reviewed by a doctor who doesn't ever see you. Then he or she will make the final decision. Try to stay strong and positive.
Does sending you to their docs mean a sure denial or has anyone who had a CE been approved? Thanks to all of you for your kind responses and advice. Very much appreciated.
@Nancy. I thing everyone sees a Social Security doctor, unless your case is extremely severe or you meet step three of the approval process. Those are the people who win at the first level. Go to Social Security's web site and see the list of impairments. Now what they don't tell you is age plays into the process. They just won't tell you that.
thank you so much bogey for your time and info im so glad i stumbled onto this site.
Carrie, thank you for your post, did they tell you why they denied you if the docs said you were disabled? Doesn't make a lot of sense, does it. Did you ever win your case?
My case manager told me she had received over 200 pages of medical evidence from my 3 docs and that the cancer specialist had sent only through 2008 so she was having to call them to get the more recent evidence since I am back on chemo. I have a PCP,Neurologist and a Hematologist/Oncologist. Every time I get a piece of mail from SS,I sit and look at it for a few minutes because I am afraid to open it. I am afraid of a denial. In 2005 when the second and non curable cancer was found the docs said I may have 10 yrs more or less. I hope I hear soon it's been 6 years and time is drawing nigh.I got mail from them yesterday saying they had erred in calculating my SS from last year and that I would be getting a check for the difference in Dec.and I would be getting about $20 more a month in my SS check. Grateful for anything.Maybe the Grand-babies will actually get something from me this year!
To all going through Social Security's Disability process. It really makes no difference what the doctor or doctors Social Security sends you to say. Those doctors only make a recommendation based on a visit. Social Security has it's own group so called medical experts. They are the people who never talk to you or examine you, they just decide your fate. My Social Security Doctor found me disabled yet my file was denied. I saw it during the Hearing process. My Attorney had my entire file. My only advise is just do everything they ask and if your denied get an Attorney.
My husband went into the local SS office yesterday. I suggest anyone who wants to speed things up do the same. The SS worker was very nice and understood our predicament. He said he put a rush on it and said we should get payment next week. He said they have already calculated everything and we would probably get the monthly benefit before the lump sum and if we don't then call him on Wednesday. He even told us it is better to go in person than to call on the phone because they can give you more information. I hope he is right.
I want to say Thank You for all the great posts here. I am waiting for the copies of my medical records from my orthopedic doctor. He told me that he would sign papers saying I am disabled and cannot work. The doctors office said it takes a month to get the copies of the records. I just want this to be over very soon.
Bogey, I was reading over the past postings and came across yours from last Thanksgiving and got a real chuckle out of it. It sounded just like my son's. They are 46 and 40 and 5 days of football makes for a "good life" for them too. The oldest has 5 boys himself and it is a real party on Thanksgiving at their house.
I wonder if the fact that I am 63 is going to go against me in the decision making. I wonder if they think since I am almost 65 there is really no reason to grant my disability but I still have to pay for my health insurance and for the many many meds I am on not to mention car insurance and taxes. Well you all know what I am talking about. I get such a paltry sum since I had to retire at 62 that it is a struggle to make ends meet. My husband is on SS but he pays for everything else and we live 52 miles from Gainesville,so every trip to my docs (every 3 months and every 8 weeks) is over 100 miles and takes a lot of gas money. We have our place for sale so we can go back to our home and be near the boys and my sisters but the way things are (not) selling , it is going to take a long time if ever. I have a 35 year work history and had hoped and felt sure I would make it to 66 despite the pain but then the 2nd cancer surgery,the stroke,arachnoid cyst in my brain and bad carpal tunnel in both wrists all diagnosed or occurred last year and I could no longer work. I realize I am rambling and apologize but I am getting close to a decision and am very nervous. I think many of you have felt this anxiety and understand my need to write or talk. Sorry if I am boring anyone but this site has been a real blessing to me.
@Nancy. Your age is going to help you. It's not like they can train you for very many jobs at your age regardless of your education. You just need to pray the people reviewing you case and situation have feelings for disabled people. Your more than qualified to meet Social Security's definition of being disabled. Your doctors support your disability, your medical file supports your condition. You just need the right person to review your file for approval. I had a jerk review my file. He determined my condition would improve and I was young enough to do something other than my previous job. I feel you will be fine based on your age and condition. Hang in there, good luck. I don't mean to bash Social Security, but they have a history of denying people who are more than qualified for disability benefits. That being said, I believe your case will get approved. Again good luck.
Hi, Nancy:
No, my case is still in "limbo" -- I am waiting for it to go to court (actually waiting for the court date). But it looks like it has gone quickly from start to now…I applied in April 2011.
The only thing that was sent to me was the denial letter -- and it says:
"We have determined that your overall medical condition is expected to respond to treatment and is not expected to remain disabling for 12 months in a row.
We realize your condition will prevent the return to any past jobs.
However, it will not prevent doing less demanding work.
Based on your age (046 years and 09 months), education (24 years), and past work experience, we have determined that your overall medical condition will allow the performance of other work.
If your condition does not improve as expected, write, call or visit any Social Security office."
NOW, based on my "medical condition" and "not expected to remain disabling for 12 months in a row" -- I had my first (2) surgery LAST September (2010). The next (2) was in December (2010) and the "last" surgery (which also would be 2 surgeries) would have been May 1, 2011.
IF my medical insurance was not suspended (got suspended because I was denied short-term medical disability because the Doctor's office did not turn in the medical reports as the insurance company thought that they should (according to the doctor's office the insurance company would CALL and request the paper work AND that is against all HIPPA laws. Therefore, the doctor's office would not send them requested that way -- I had to go into the office and get the paperwork and FAX it to the insurance company. The insurance company then tells me that they cannot accept the paperwork from me because it is not direct from the doctor's office. Needless to say, the attorney is handling that too!).
HOWEVER, I have been off work completely since the middle of September 2010 – that means that “my condition” has remained disabling for OVER 12 months in a row. My doctor has released me to go back to work – Light duty, one handed. BUT the companies I work for (yes, I work 2 full time jobs) do not have what they call “light duty, one handed” jobs for my position. Also, I am a union worker – therefore, both companies has to put me into a “union” held position…and none of those positions have “light duty” anything!
Given my “past work experience”, the only job that I have not had is standing on the street corner and selling my body!
Since it looks as though they have based everything on my age, education, and work experience INSTEAD of what THEIR doctors have documented – then I wonder why they waste the taxpayer’s money on that process in the first place!
Yes, I am young (now I am 47)…yes, I have a massive amount of education…yes, I have tons and tons of work experience. BUT that has nothing to do with NOT being able to use my hands and arms.
When I got this letter in the mail – I called the SS office and spoke to the person I had my initial interview with (I guess that is called the “intake interview”), Ms. Jones.
I asked her what type of job could I do without the usage of my hands and arms – she had no response. NOT that she did not know…but she actually did not respond to that at all. She ignored it all together. Which I felt was very rude especially AFTER making sure that I knew her name was MS. JONES…..not Rita or Rita Jones – BUT MS. JONES. Yes, she is MUCH younger than I am…..she was in her mid-20.
Okay – I went off on a tangent and I will now step off my soapbox!
I wish everyone good luck on their cases and wish them all a speedy transaction!
@ Carrie- Are you out of California? Very strange but the first person we dealt with at SS was a Miss Jones lol. She was useless and told us that My husband will most likely get turned down even after the appeal process until we go to court. We went to court and he got a favorable. He started the process in 2008. He is also 47, educated and worked over 25 years as a Journyman Tech and Foreman with lots of education as well. He has severe arthritis in both hands, shoulder, a knee replacement and another on the way.He also has psoriatic arthritis and some loss of hearing. Wow reading this wouldn't you approve him. Nope he had to keep appealing and finally got to see the judge. The judge did make a comment at the hearing to him and his representative "well he's not in a wheel chair." I could not believe it. So when we got the approval letter we were in shock. All I can say is keep pushing. If you are unable to work then your medical records will reflect it. Make sure you have a good representative. My husband went to the first hearing without one and they sent him away and told him to get an attorney and they would reschedule. We also wrote our congress woman and her office sped up the process. Now we wait for the payment, hopefully next week. Good luck to you and keep pushing.
@Carrie. My Attorney was a former Social Security Judge. He told me it's about your age first and people giving up second. Across the nation, 70 percent of all cases are approved. The problem is only 7 percent get approved at the initial level. That's where you deal with the Miss. Jones personalities. I was 41 when I became disabled and my letter was similar. Your condition has not gotten any worse and even though you can no longer perform your previous job, given your age and education you can find other types of work. My Attorney explained that Social Security has vocational experts who can place you into a job that may not even exist in your city or state. That's why I tell anyone under 50 get a Social Security Attorney from your area. In your case Carrie, they already violated one of the rules that qualify you. You are out of work because of your disability for 12 month or expected to miss 12 months. The entire process is messed up. They have 5 steps to use when they evaluate you. Step three is where most people automatically win. The problem is, they use step 5 and find work that you don't even have experience doing, never done and don't even know what it is. they base step 5 on your age, being youg enough to retrain and education. It's a very unfair system. I should have been automatically approved under step 3's list of impairments but they denied me. Now at the Hearing Level, my Judge approved my on the spot. She never even let the vocational expert speak. My Judge talked to me and Social Security's Doctor during my hearing. Once the doctor said my condition met 4 different sections of step 3's list of impairments, my Judge said I've heard enough, I'm making a Bench Decision. Carrie, this is just typical of the early stages of the process. They hope you get desperate and go do work even though your disabled. They hope you don't file your appeals on time so they can close out your case. It's such a messed up system and it seems like nobody cares now with the economy they way it is, they think we are faking. Stay strong. Good luck.
Carrie, I understand your frustration. Everyone I talk to these days are younger than me but I always call them MR or Ms or Mrs. I think you really stumped them when asking what work can I do without arms or hands. I went back and read your original post and can't believe the similarities between us despite the age difference. I am 5'10", did weigh what you weigh at your age,have suffered from social phobia all of my life.I go no where but to docs anymore due to chronic back,buttock and hip pain. Can't even sit through church services anymore. I have TMJ,fibromyalgia,and many more diagnoses. Carpal tunnel diagnosed this year.First noticed the pain several years ago when lifting large patient charts to document on but thought it was arthritis so never really mentioned it to anyone until this year. I now have chronic bursitis of the hips as well on my list of dx. I say to anyone who has worked as long and as hard as most of the people on this site have,"Get everything you can". If you don't someone less deserving will. I am sorry for the rejection and humiliation we all must go through to get what we have worked for and paid for over the years. I do pray for all on this site that the frustration,scrutiny and time waiting will be as minimal as possible. Bless all of you young people.
Can anyone here tell me if they ever had to pay for copies of their medical records? I am up against a brick wall as I have to pay for my records so I can get them to my lawyer to move my case forward.
What do I do now?
@ afraid888-We signed a release so our representative could get copies. We were told that after the case then we would pay our representative for them as an expense. I would talk to your attorney about requesting your records. He should be able to take care of it.We have not paid for anything. Good Luck
@Afraid. I had to pay for some of my medical records. Each doctor and hospital is different. If your Attorney requests your records the doctors and hospitals will charge. Some charges are about $1.00 per page. It can get very expensive. What I did was speak with my doctors and most of them made the copies and filled out Social Security's forms during my visits. They would also mail me a copy of the doctors reports for each visit. I kept a file with all the reports. In addition, I picked up copies of all my MRIs, CAT Scans and X-Rays. I had surges in three different hospitals. Two didn't charge me for my reports one did. I also had to pay $ 500.00 for my Attorney to take a sworn statement, which was used during my Hearing. It hurts to pay, but the sworn statement from a Board Certified Neurologist is a very strong piece of evidence when you go before a Hearing Judge. Social Security Attorneys only get paid if you win so they don't pay out of their pocket for certain things. Evey Attorney is different. IB, was able to pay after she won. Just remember Social Security won't pay, so if you don't get all your medical documents to them your file will be incomplete. This I saw once I prepared for my hearing. Even though I gave them hundreds of medical documents and sent them certified mail, my file was a mess when I reviewed it with my Attorney. When I called my case worker she told me she never received the items. So I went to the local office, requested a supervisor and showed him my file and all the signed certified cards from the post office. He was shocked for two reasons. First because Social Security lost hundreds of pages of my medical records and second I was able to prove they did. I only wish I recorded all the phone conversations and different lies. Even after I won my case they continued to give me the run around for almost three more months. You have to protect yourself. My advise is to see if your Attorney will do what IB's did. If not, talk to your doctors and gather as much as you can yourself. I do know doctors charge Attorneys for your records. I also know Social Security won't pay for medical records even though you sign a HIPA release. Good luck. My final medical file had close to 2000 pages of reports. I only paid for 96 pages. I'm lucky my doctors and two of the hospitals gave me the copies for free. Plus my MRIs, CAT Scans and X-Rays.
I just sent off a request to CA State Senator Barbara Boxer, to ask her for assistance in expediting my SSDI claim. I have 2 of the bluebook medical conditions, with verified labs, and Dr. visits, I complied with SSA's request for physical and mental evaluation. My disability started 8/31/2010. If you experience difficulties with SSA, contact your state Senator
@Gary-That is exactly what we did with Jackie Speier and it really did help. Also going down in person to your local SS office really helps as well. Good Luck to all.
@Gary and IB your State Senator is awesome. In Florida they didn't help me at all. Maybe it was because they just finished with elections and didn't need my vote. I was very disappointed in the lack of action from my Senators office. They sent me a letter saying even though it's a Federal run system it's operated by your State. It's difficult for them to get involved because of the fact you can apply in one State and be denied in another. At the time I wrote my Senator I was recovering from surgery and never followed through.
@Bogey-They are pretty awesome for getting involved. Our senators are very involved in California. We even got a letter from Jackie Speier saying if we needed anymore help to write her office. Needless to say we were pretty impressed. At least it worked out for you in the end.
Afraid888. Yes doctors do have a right to charge for the time it takes to copy the records. When I worked for a internist group years ago, they would use one of my assistants to do this and the rest of us would have to cover the patients alone.If you have ever worked in a very busy office you know that it can be difficult with all of the tasks you have to do.
Since Bogey and I are from Florida I can attest to the uselessness of contacting your representatives. It certainly did nothing for me. I did get a nice and am sure a stock reply letter. Guess who won't be getting my vote next time. I am very happy that others have had success though. I think they should be willing to do what they can for those who are legitimately disabled. I guess if it had of been an election year I would have had a better chance of him actually listening.I think all of you should at least attempt it,Florida is not the only state.
Nancy I read your post about contacting your Respresentative, My Senator in my district works with the Social Security Administration and makes sure that there is no problems. He told me that he will be writing letters to them on my behalf to get things rolling a lot faster. I have to keep in touch with him from time to time just in case I have information that would be helpful for my case. Hope you get some results.
Hello, All!
@ Bogey, lb, and Nancy (Aunt Louise) -- I want to say THANK YOU for your words. They may not sound like encouragement to other, but they are to me. I know that I have not been involved with this situation as long as others have, but the process is still painful.
@ lb: I live in the state of Indiana.
@ Bogey: I am not sure what you mean by 3 and 5 steps. I know that the SS office has “guidelines” that they go by…but not real sure about steps.
@ Nancy (Aunt Louise): I like how you put that “social phobia” – never thought of saying it like that before….it goes right along with the way I feel about going anywhere or doing anything…LOL…I will have to remember that!
One of you mentioned that the medical records would tell the story (or something to this effect). I have not been to any doctors since February. Except the ONE time I went to the ER and was turned away because I am "under a doctors' care" for my hands and arms. I went to the ER because of the pain thinking that I could and would get help. NO, I was not looking for pills to sell on the street or to sell to my next-door neighbor! I was in major pain! I needed the help of a doctor immediately! It was Saturday morning -- I have not seen my (hand and arm) doctor since Feb... I have not had ANY medication since Feb 28 when ALL meds ran out!
My medical insurance is suspended when the insurance company "deemed" me able to return to work and the hand/arm doctor refused to release me back to full working duty. I know that this situation sounds "fishy" -- because it really does to me too. I did have another surgery set up for May and this was the same doctor who promised me that I would be back to work during the month of January (after the two (which actually by this time was 4) surgeries were complete and I was finished with therapy.).
Well, during the middle of Feb. I had to get re-authorized (or whatever it is called) to do physical therapy. Now, remember that this is after the second surgery (first was in Sept. and the second was in December). I was still doing therapy with the left hand and arm -- which started at the beginning of Dec. February is only 2 months away from December -- 2 months of recovery from not 1 surgery on my left hand and arm -- but 2 surgeries! Now we are including the right hand -- which was also 2 surgeries (and we have not done anything about the right arm, yet or the right thumb).
So, back to the physical therapy -- the therapist stated that I "was not making the progress with the second surgery as the insurance thought I should be making, therefore, they (insurance) will not pay for anymore therapy".... The insurance company (who has never physically met me, who has never been in the doctor's office during any type of exam, who does not know what my pain threshold is, who doesn't know really how hard I am trying to do this therapy because now it is February and I was supposed to be back to work in the first week of January and I was not yet!), I cannot attend physical therapy because they have refused to pay the bill! She -- therapist -- "kicked" me out of therapy! This was done in January.
Then the insurance company denies my short-term disability. They send the paper work to the HR department and say that I can return to “full work duty” despite the conditions of my hands/arms and the advice of the doctor (which I am still under his care) decides.
NOW, instead of being on a “medical leave” from work, I am put on “personal leave”. I call my bosses and talk with them (all of them) and my immediate supervisors say, “No, Carrie, we know where you are, we know what you are going through, we know where you are – only because I have kept in touch with them throughout the complete process and updated them, monthly. THEY, my supervisors, of both companies, say in our books you are still on “medical leave” – we do not care what HR says or does, we know you and how you work. I am very fortunate to have such great people to work with! I love my jobs! I miss not working – I really do not miss the people with whom I work with….but I miss my jobs.
The non-primary job I ended up taking a “lay-off” so that they could get someone in that “office” to do my job while I am on “medical leave”, I felt that after not returning to work in January, as I was told by the doctor, I should make this move.
I still feel that I am very fortunate to have this insurance – it is the best in the complete U. S. I pay my union dues once a month (which is $25 per month – it comes straight out of this paycheck, before taxes)…I do not pay any insurance premiums, and it covers 100%! I pay $10 per “office” visit and am not required to pay for the RXs. I have medical, vision, and dental,PLUS the Rx plan. All for that $25 per month!!! Who in their right mind would pass that up? Not me!!! This is just the medical insurance – does not include any of the other benefits!
I am an artist – fiber, jewelry, sculpture, and painting – for the past year, I also play a few musical instruments – which I cannot do because of my hands/arms.
This disability really has messed me up badly. I have a hard time turning pages in a book – yes, I am an avid book reader too….ANY book I can get my hands on. I currently have in my own personal library over 4,000 books (YES, I have read them all!). Most of them deal with art of some type and a few of my textbooks from school that I thought MIGHT come in handy somewhere down the road.
The “over usage” of my hands and arms from these various jobs and my artwork (even though the doctor will not SAY that is why my hands/arms are this way due to my job [or that I got hurt on the job], has me in this position of being disabled. Had I known when I realized that I have an “artsy side” and that I love to work, I do not know that I would have followed the path in which I took. I do not know what I would have done, BUT I would have found ONE (1) job and stuck with it and put in my 20/30/40 years and been done with it at whatever the age of retirement is now.
I figured back when I was 14 that I would retire at the age of 70. This way I would have enough money to be able to give to my children to “ease” their lives. That I would sign my retirement papers the day I turned 70, go home fix supper, read a book, take a shower, go to bed, go to sleep – then I could pass on (yes, die) with the knowledge that I put in my time and that my children would be taken care of and so would all my bills. Now this has happened and it was very unexpected at the age of 46 (now 47). Which I was not prepared for.
I paid all my bills in advance (except the medical bills) for one year. My doctor assured me that I would be back to work in January – but guess what, it is now the middle of November and I am still not back to work.
I have a feeling that I will have to have these same surgeries all over again. This bothers me almost as badly as not going back to work. The bills were paid completely until September, now, I have quite a few past due.
I have 401K and a ton of stocks – but I cannot access the 401K until I am at retirement age (70) OR I am no longer with the company. The stock has restrictions on them; therefore, I cannot access them to sell them for a certain period. With the 401K, I do not even qualify for a “hardship loan” because the medical insurance has me listed as being on personal leave instead of medical leave.
The SS office said because of the 401K and the stocks I do not qualify for the SSI. They said that I have too many “assets”.
I have other medical problems that should have be considered a disability according to the list of medical disabilities under the guidelines of the SS office. Just my migraines alone should have been considered a disability – what company in their “right mind” would hire someone who will miss 30 (or more) days per year? I usually have 15 or more migraines per month. I have had them since I was 7 years old. No doctor can “figure out” why I have them. I have been on many different kinds of medicine for them…and still a
@Carrie. You can go to Social Security's web site. They have a section that deals with how they determine disabilities. They use a five step process. You can also see the list of impairments. That's under step three. Step five deals with if they can place you into any type of work your considered not disabled in their opinion. I suggest you read it over because it's basically the blue book for Social Security. Everyone who's gone through the process or is going through the process needs to be familure with the way Social Security determines if you meet their definition of disability. Just remember, every job, insurance and doctors define disability differently.
Carrie, you are clearly disabled and should receive all of the benefits they provide. I do think if surgery is required for a second time I would seek a second opinion. Doctors frequently give "may return to work" but they don't live in our bodies. I tried to return to work after my bowel resection for cancer and the cerebral hemorrhage last year but I no longer had the stamina needed for nursing. I loved my job and had been at it for 30 years but had been through so many surgeries , injuries and serious illness that it all caught up with me last year. I would give anything to go back to nursing. I think a more up to date term is " social anxiety" and only those who experience it know how paralyzing it can be.Only a few close friends and my sisters know about this and some of them ask "How can you nurse and deal with docs,patients and family members" with that and I tell them "because all of that is not about me". I don't like to be in the spotlight. They wanted to give me a retirement party at work and my dear friend and nurse there told them" you know Nancy doesn't do parties well" and I graciously declined the offer. It is always good to find someone who shares this horrible and embarrassing condition.You become very adept at making excuses. It helps to talk to others who feel as you do. I don't remember your age but if all of this finally is settled favorably for you, I sincerely hope you try to find a psychologist to discuss this with. I pray,whether they want me to or not, for everyone represented on this site.It saddens me to read about all of you who are struggling so in life especially those with children. I have lived a good, albeit sometimes difficult life but some of you are still having to raise children and are trying to get on with your life. Everyone on this site I feel deserves whatever the SS can do for them. It is hard enough to get through life without physical challenges but with them it is extremely hard. 6 years ago they told me with this second type of cancer I had 10 years maybe a little more or less. That was 6 years ago and I just would like to live out whatever time I have left with a little more security. Bless you Carrie and don't give up, it will be worth it one day!
I wanted to thankyou for this info as I am going through the same thing right now. I am however having a hard time because I am only 26 years old. I know that is young but I have worked full time since the age of 16. But i had a mental breakdown this past year as I have always struggled with mental illness. I very much enjoy working but find it hard to to just get out of bed some days. I hope not to be like this for the rest of my life, but I am not faking because I have always had a problem with peopleabusing the system. My mother has suffered from disability and had to fight aswell. So I would never abuse this. I just hope I get the help I need, and maybe one day get back to work, thanks.
@Lisa Sams. Your age is going to work against you but, if your condition is documented by Board Certified Dorctors who specialize in your condition and support that your condition prevents you from working 40 hours a week 8 hours a day can get you approved. You may have to fight and probably get denied but, a good Social Security Attorney from your city/state can get you approved. There are many conditions that can disable a person. I have seen people with no legs working because they deal with pain different then people who suffer from knee replacements. I don't think age should have anything to do with being disabled but, it does in Social Security's world. I don't know what state your from but, that also makes a difference. Some states are very slow and much tougher to get approved then others. I wish you the best and don't give up.
Lisa: Unfortunately, disability is not limited to the older person. Listen to Bogey, he has been through it all and knows more than many because he has been through so much.This is a great site for info or support. Hang in there,you alone know what your limitations are and with documentation it will only help your case. Keep visiting this site, it has given me encouragement in my case and no doubt you will feel it too.
About how long after you see the disability doctors can you expect a decision?
Gary how did your visits with their docs go? Have you gotten a decision yet? Hopefully it was favorable for you, if you have.
@Nancy...they sent me to two doctors so far and both times it was about two weeks when I heard back. I am in the reconsideration stage right now. I had to fill out those adult function papers again and almost missed the deadline. I could of sworn the first time it gave me 10 working days but this time it only gave me 10 calendar days. Holiday included. I got it back in time so now just waiting for either another denial or another appointment. Seeing as how they only used one of the first doctors you'd think they review what the other doctor said. IDK.
dazeeblue: I am sceduled to see two of their doctors withing 3 weeks. So you were denied the first time and had to appeal?I am not familiar with "reconsideration stage". What happens then?How many docs have you seen altogether?
@Nancy. Every state/city is different even though it's a federal system. The reconsideration stage or level is after your first denile. You need to check with your local office because some states have done away with the reconsideration stage or level because it's a waste of time. Your file is basically reviewed by the people who denied you in the first place. If you live in a state with out this level, your case goes before a Hearing Judge 6-18 months faster. @Dazeeblue. Social Security loves to send you forms and barley give you time to complete them. Several times I had to overnight papers to avoid deadlines. Once I retained my Attorney they stopped doing that because everything went through his office before I received it. Most of the documents were filled out by his office and I just signed them. Good luck everyone.
@Nancy...from what I understand about reconsideration, another person is going to look at the file and most likely deny it again. I don't know if they'll just go by what the have or send me to another doctor. I think it took about three weeks for them to make the appointment and then another two weeks to hear back from SS again. Most of my records are too old to use. I've seen two of their doctors. What the deny me on was not even what I am claiming so it's hard to tell what will happen. I think a lot of states have done away with the reconsideration level and so far what I've read, it's basically a waste of time so they can delay the hearing date. I'm in West Virginia. Behind on everything here I think!! Someone here could probably tell you if your state does the reconsideration thing. I guess that just shows another reason for the system being so messed up. When outcome is same for those approved, the journey there should follow the same guidelines. What a mess.
To give you guys and gals how messed up Social Security is. My case was approved at the first level. For some reason it was randomly selected and sent to another state for review. I know it was my age. Anyways, after being told my case was approved, the person reviewing it had my local office deni my case. I filed my appeal, the reconsideration level and it was denied. This process took about 15 months. I retained a local Social Security Attorney and he told me there was an 18 month back log which turned into 24 months. I finally went before a Hearing Judge and my case was decided in 10 mins. Bench ruling fully favorable. My Attorney, who was a former Social Security Judge told me if I was 50 I would have never been denied. He told me the first day I met with him, he had no doubt I would win at the Hearing level, it's just the process. It's unfair but, it is what it is. To be honest, the waiting was very scary. To make things worse I under went spinal surgery during the wait and would read all the horror stories. That didn't make it better. In addition, as my Hearing date approached the fear and stress became worse. I don't want to beat a dead horse, but I've been in your position. It's a very bad feeling when your disabled, in pain and Social Security makes you feel like garbage. They only thing I can say is try to stay strong and don't give up. God bless everyone.
Well 2 months and no payment yet. Apparently it is in module 46. My representative has talked to 2 people named Johnson, I am starting to think this is the standard name for people that work at SS. I called the local SS office they don't understand why it is taking so long either. A rush has been put on it by all but it does not seem to matter. I spoke to my congress woman's office yesterday, faxed all the paperwork to them and they are calling to put a congressional rush on it now. Let's hope this works. SS told us they were confused (shocking)they have to hand enter it and sometimes that doesn't work so then they keep trying. They said it is because they have to figure out the workman's comp. payments, and disability payments that were received. Miss Johnson called to ask the same questions about payments that were received even though our representative sent them to her twice and she had them in front of her. She didn't sound to intelligent and actually sounded like she was on valium or something sedating. She didn't sound like she was in a big hurry to help anyone. I am hoping that Jackie Speier's office can help once again. Congressional Rush? That would be awesome. Good Luck to all the wait continues.
I got some real good news today. My lawyer sent me a letter he sent to the Adjudicating Judge and mentioned that my doctor will sign the form to confirm my disability. He told them that Disability should be given to me immediately. I hope this goes faster now for me.
@ Afraid- Congrats that's great news. I hope your payment comes a lot quicker than ours.
@IB. I had the same problem after I was approved. They checked every long term insurance company, worker comp, which I never received and held my payments until my Attorney was paid first. It's a joke. My kids received their portion after my Attorney and almost 3 months after being approved I received my monthly check. Another month to receive my lump some. They take there sweet time. I bet if case workers didn't get paid until we did they would move faster. @Afraid. That's great news. I truly believe having good doctors who specialize in the various disability conditions and Social Security Attorneys make a huge difference. We all know Social Security doctors are a joke. The get paid to see people like us. The more cases they deni, the more cases they will receive. I call it blood money. They are not true doctors. A true doctor cares about your well being, not a check from Social Security. That's why Hearing Judges have a policy to give your doctor's or doctors evaluation more weight. Even the Supreme Court has made it law. To everyone good luck and Happy Thanksgiving.
@Bogey- Yeah the first question Jackie Speiers representative asked was "Did you attorney get Paid yet" I said no. That's when he said let's get a Congressional Rush on this. SS is unbelievable. I have a phone appointment on Monday for my son's back pay, he will probably get his before us lol. I think they should hold the caseworkers pay as well. I was told it went to module 46 because apparently the back pay is over 15 grand. I will believe it when I see it lol.
Take Care and Happy Thanksgiving to you as well.
Hi Nancy, I wish I had better news for you, still awaiting a decision. I feel so bad for what you've had to go through, I think we can all empathize. I think in cases such as yours, you should be entitled to your benefits. I am sure you will get eventually approved. The sooner the better. It seems a shame that SSA hires 20 year olds to approve or disapprove claims. from the time we are able to work SSA has never had a problem taking our SSA deductions, they should certainly be able to expedite the process. I am seriously thinking of going on you tube to do a hunger strike. Without food, medicine or proper medical treatment, I will expire anyway. I just want SSA to do their job, and provide for us in our greatest time of need. Remember all, you have worked for your SSA benefits, they belong to you! God Bless, and Good Luck!
@IB. They know once the Attorney is paid, your case is clear of any other debt. So after he or she gets paid your money will be released and you will get paid. That's why your Rep. asked you if your Attorney was paid. Social Security is such a mess, no one knows what's going on. Pretty scary when elected officials are disgusted with them. The worse part for you is you know nothing will get accomplished next week because the Holiday. Good luck, stay strong.
Afraid: That is wonderful news. I know we are all happy for you on this site.Hopefully the money will arrive soon but it is good to know it is coming. Bless you!
Bogey: Does Florida still have reconsideration? No one has mentioned it too me so I didn't know. You know I believe what ever challenges we have to face in life will ultimately make us stronger and I can read between the lines of your messages. Your service to others like me is not only informative, it is encouraging. I can't think of a better service to other disabled folks. Please to all of you who fight, endure and survive we who are still in the fray need an ear,a voice to guide us and lots of support.Thank you all for coming back after your settlement to continue to help the rest of us. A noble thing to be sure! I think that may have been a Jack Sparrow quote?
@Nancy. Yes Florida still has the reconsideration level. From what I have read, it was an experiment by Social Security in 2009. They selected 10, states because they realize the reconsideration level only slows down the process. In Social Security's words. " the only way your going to win is if your condition gets worse or we find missing reports to change our decision". That being said, the reconsideration level only takes a month or two. What can happen in such a short time frame to change the first decision? However, the 10 states that did away with the reconsideration level are 6-18 months faster. So once again, Social Security figures out how to make the process faster and has proof it works yet, they won't change the entire system. It's also a waste of money. They could take the reconsideration level employees and give them files from the first level stage to work on. The more you read about SSI and SSD the more you wonder. Sorry Florida has Senators and Representitives that won't get involved or care and the reconsideration level. Good luck, just stay positive.
I have to say Thank You to all on this site. Without your support and caring words I would have been lost. My family just doesn't understand that waiting for disability and just living everyday is depressing enough. I want to stay friends with all of you and I will pray that you get some good news as well.
So apparently we should see our back pay on Monday or Tuesday hmmm, we shall see. Does anyone know how much the attorney usually gets after he is paid by the state? I know he gets around $5,900.00 from SS, but I am wondering how much we will have to give him and if there is a maximum they get. I am just trying to be prepared so I am not shocked. Happy Thanksgiving everyone.
Does anyone know about the Compassionate Allowance Program?
@IB. Your Attorney is allowed up to $6,000.00. However, if he or she paid for doctors reports and additional records they will probably expect you to pay for those. Social Security won't pay them you will have to pay that portion. @Charity. I do not know what that program is. Sorry.
OKAY GOOD NEWS!!! i went to court oct 26th for hearing.Oct 28 paper work in Balimore.Nov 2nd approval letter. week later went down to local office asked for emergency payment all paperwork done was told a week. week later nothing felt i was being run around sooooo I E-MAILED MY SENATORS OFFICE(vermont) in this case it was Nov 15th i did this got a call on nove 16th from a man in Benrnie sanders office saying he called baltimore and he put a congressional emergency on it for me !!! LOL 2 hours later i got a call from man at local ss office Saying Baltimore completed allll work!! and said you did right getting ahold of your congressman.5DAYS later roughly I got a call saying it was in the treasury office. FRIDAY nov 18th I HAD A BIG O'L DEPOSIT IN MY ACCOUNT!!!!!!!! AND MY 2 SONS GOT THERE CHECKS MONDAY IN THE MAIL(no bank accts.)SO I WOULD GIVE ALL OF YOU WHO WERE APPROVED ADVICE TO E-MAIL OR CALLL YOUR CONGRESS MAN AND tell them of your hardship and YOU WILL BE AMAZED HOW FAST SS MOVES THERE BUTTS..
@lb YOU STILL WAITING FOR YOUR MONEY?? IF YOU ARE DO WHAT I SAID ABOVE IT WORKS FOR SURE!!!!
@frikfrac-Congrats! I called them last week, money should be there this Monday or Tuesday. This is the second time I had to use or Congress mans office to get things done. The first was to get a court date and this time to get our money. They said the same thing to me about calling your congressman. It is amazing how things move quicker when you get political figures involved. My husbands case was a little complicated due to Workman's comp and disability and some idiot losing paper work in Baltimore. Now that Jackie Speier's office is on it once again (congressional rush)they are moving much quicker. Johnny Johnson (yes true name) has finished all calculations and it should be in our account by Monday or Tuesday. woohoo but I am always skeptical when it comes to SS. My son has a phone appointment today to get his benefits figured out since he is 20 now he has to do it. Since my husbands is in pay process they can't get into the system and it all has to be done on paper until payment is made to us. Oh well let's hope we don't have to fight for that to. Our representative told us that we are lucky that we filed when we did. Things are just going to get worse with SS and some people won't be able to get court dates or payments for up to 36 months eek.
@Bogey-does this mean the maximum our attorney can get in total is $6,000 no matter what? I just don't want to be surprised and find out that his trip to San Francisco was $2,000.00 or something.
@IB. The maximum Social Security will give them is $6,000.00. However, if your Attorney paid for additional fees, records, depositions of your doctors or extra forms your Attorney can charge you. I paid for these things up front. My Attorney told me certain forms required by Social Security need to be filled out by my doctors and copies of my medical records are extra fees. When my Attorney took a sworn statement from my doctor it was about $550.00, and some records and test results were extra. Most of my records I asked for them from my doctor so I didn't spend a fortune. Remember, some doctors charge for the time they spend completing forms and Social Security requires them for your hearing. My Attorney's office was only a few miles from my Neurologist office. If you look at your agreement with your attorney it should state they can charge you for extra fees or you are responsible to pay for them up front. How far is it from your Attorney to your doctor? The bottom line is Social Security will only send your Attorney $6,000.00, the rest is yours but you may have to pay your Attorney the extra fees. If your Attorney is a respectable person, he or she may let you make payments. Good luck and let us know.
Hey Everyone,
I'm glad to see some positive responses and decisions for you guys and for those like me, I pray for continued patience and speedy processes. I'm in Florida and recieved my 1st denial on the day I cam home from my second back surgery, nice huh? I have until Dec 17th to see if I get approved at this level. I do have a son that was born very premature, 1lb, 5oz so he qualified for disability just based on his prematurity and birthweight. I recieved a packet of information to fill out to see if Social Security still deemed him disabled. However, most of the documents were clearly marked for a child aged 3 to 6 years and he's only 21 months old. I thought this was kind of strange. I'm wondering if they are wanting to approve me but reduce the amount somehow by making him no longer disabled. Has anyone else had this kind of experience? He's too young to really tell what his mental delays are, he's not yet even walking. I just filled out what I could about his doctor's visits etc... I'm recovering from a L4/L5 spinal fusion and am struggling each day. My husband is changing jobs so I will have Medicaid share of cost for the next few months. I pray this works out with my Physical Therepy etc... I really need my case to be approved and I know my neurosurgeon is on board. Also, I've never been asked to see one of their doctor's.... At what point in the process were you guys sent to their doctor's? I am also only 36 and I have worked since I was 12 years old and my last job was in a call center so it was a sedentary type position and I cannot stand or sit for long periods of time. Any information will be appreciated. Thanks so much!
@Purty Gal. I saw the Social Security doctor during the first level before I was denied. Now I know from going through the entire process, Social Security had doctors review my doctors reports and theirs. As far as your son, I believe he will receive a benefit if your approved. That's based on your amount. Everyone is different. Social Security bases the amount you receive on your previous income. Some people get a larger amount then others. Your case worker can tell you what your monthly check will be if your approved. I receive the maximum amount based on my previous income and my kids receive a check until they are 18 years old. I also received Medicare parts A&B. My family does not get Medicare. Now my kids might receive a check because I was the main provider for my family. I don't know or understand that part of the system. Also if you have an Attorney, he or she can figure it out based on your income. The fact that you did sedentary work helps you because they can't have you do construction work. On the negative side back injuries are tough to prove. I had spinal fusion from my L2-S1. Plus a hip replacement and they denied me twice. Both are major weight bearing injuries and under their guide lines I should have been an automatic approval. It's so hard to figure Social Security out. They are very inconsistent. That's why so many cases are approved at the Hearing Level. Age also plays a part. I was 41, the denile letter said I can't perform my previous job but, I'm young enough to find another type of work. It's suck BS but it's the way it is. Hope your not in South Florida. The time frame is ridiculous. It took me over 3 years. I hope you luck is better then mine. Stay strong, find a good local Social Security Attorney and don't give up.
Seeing two SSDI doctors this week. Are the visits typically lengthy? Anything special I need to be aware of at this stage?
@Nancy. It jus like going to a doctors office for the first time. You have to register as a new patient so I recommend you bring a list of all you prescriptions and anything that will help you remember what you have told Social Security and your doctor about your condition. The pain, how it limits what you can do and the side effects of your medications. You want to be consistent. Also I think Social Security gives you a form that you bring. The Social Security doctor will ask you questions. Try to document them as soon as you leave the office. You may need it in the future if you have to appeal a decision. First thing my Attorney wanted to know was what did the Social Security doctor ask. My visit lasted about 20 mins. I also brought my medical reports and Social Security's doctor made copies of them. She spent more time reviewing my file then checking me. Good luck.
Ok,
I got home today and i'm sick to my stomach with a denial letter that doesn't even list the neurosurgeon that operated on me. They state that although they believe I have a disability, they don't expect it to last a full 12 months. I'm still shaking my head through this. I still neeed surgery on my neck to try and stabilize the numbness and tingling in my hands and my doctor won't even consider touching that until my back as improved and right out of his mouth, it's a year plus before Yes, sadly i'm in South Florida so i'm sure I will have a hearing date in the next century.
It's just a mess. I will be calling my attorney tomorrow to inquire why my neurosurgeons' visits and notes were never considered because he was the one that said I needed to go ahead and apply.
I also recieved a letter for my son that included paperwork for his appropriate age, children 1-3 years old so we'll see how that pans out.
Lord day... I should have expected this...
Purty Gal. Where in Florida do you live? Some areas are faster. Also your Attorney will now be able to get your file from Social Security. Now he or she can have your doctor dispute Social Security's findings and your Hearing Judge will give your doctor's opinion much more weight then the opinion of a doctor who saw you once and never conducted any tests other than an office visit. Also I'm sure your file is not complete. In addition, your Hearing Judge will have a doctor from your area at your hearing and that doctor will have all your medical reports during the hearing because your Attorney will provide a complete medical file of your condition to your Hearing Judge. Don't give up. More than 50 percent of all cases get approved at the hearing level.
Hi Bogey,
I am in Port Saint Lucie, 45 minutes North of West Palm Beach. I never saw a Social Security Doctor and my neurosurgeon is onboard so I am going to ask him for a letter stating my disability with my back as well as the likliness of a neck surgery once my back is stable. I also have an incurable bladder disease called IC and now my family doctor thinks i'm depressed, ya think?? I am grateful that they recognize my disability, just puzzzled why they don't think it will last more that 12 months since it's been 8 months since my first back surgery and 2 months since my fusion that according to most every website and my doctor takes well over a year to recover and that doesn't address my neck issues that cause problems with my hand and numbness. I have an appointment with my Attorney to appeal and she told me it will be 8-15 months before I will have a court date. In the meantime, I'm preparing to lose on of our vehicles because we can't keep up with the payments. I"m sure that you understand my frustration because you all have been there. I think I just need to vent and get it out. I just dint understand why my neurosurgeon is not listed on the denial paperwork, he is the most important one. I will have more answers after my appointment on the 7th of December with my attorney. For now, I will keep in touch. :)
Purty Gal. It's just the way Social Security is. I'm sorry for you and everyone else. They told me I was not going to be out of work for more than 12 months also and my condition would improve. During my 3 years of fighting, I had my hip replaced, developed Avascular Nercrosis which means my femur is dying and had my L2-S1 fused. Its still not fused. That's not to mention all the tests, therapy and medications. Social Security sees people as numbers. They just hope you give up and go back to work injured. I also have disc problems in my neck. My neurologist gives me Botox injections and it gives me 3 months of relief. I went from not being able to sit for 20 mins to a few hours with my first few injections. I also have a numb left hand and leg. It's not much but, it helps. Good luck, hang in there.
Hi, All:
Sorry that it has taken me so long to respond! I have had a series of migraines that I could not get rid of. No, I could not go to a Doctor nor the ER -- I do not currently have insurance (mine has been suspended). I have filed with the state for that insurance and still have not heard anything yet about it. I plan to call them tomorrow to find out what the hold up is.
@ Nancy (Aunt Louise) and Bogey: I don't plan on quitting -- I can't! There is no way I am going to be able to go back to my job and actually do that work! There is no way that I can quit this SSDI thing! If I do I would be making myself homeless and without anything at all. I know that probably sounds drastic -- but that is where I would be!
I contacted my attorney to see if she heard anything about the court date and she hasn't. She did say that IF I were to get a letter from my landlord stating that I am being evicted that I might be able to speed up the court date a bit faster....I really don't know if I want to put that "bug" in my landlord's ear...even-though he is a great person and is working with me on the rent -- I really don't want to give him "ideas"..if you know what I mean. He has been very patient with me over this and is willing to wait for the rent that is currently due.
What do you think, should I go to my landlord and ask him to write a letter of eviction to speed up the process of the hearing OR should I let things go as they are???
Thanks again for all your comments and help! Glad that there is someone out there who kind of understands what I am going through -- even-though your hands are tied just as mine are!
Thanks :)
Carrie. If your landlord is honest with you and your Attorney thinks it can speed things up, do it, it's not lying, if you don't pay your rent you will get evictied. Good luck.
i have been reading some of your posts... so interesting, and also sad...
i have a question..... i am still waiting on my hearing date.... since june 2011... as i was denied the 1st time....
my lawyer does nothing... i have pleaded with her to expedite my case, well ask for it, as i did receive a letter from ss saying " to expedite your case please provide current medical info, and any helpful info"... which I did... in july !!!! so i don't get that letter at all....
my question is- i saw many of you saying that you were waiting on a hearing date... and you wrote your senators... should i ???? i thought you could only write them if you were approved, and still waiting on payment....
i would really appreciate your thoughts please... it's getting so hard, and winter coming... we are barely making it now...
please advise, and god bless all...
ps. hello bogey !!!!!!!!!!!!!!!!!!!!!!
I have applied for social security disability benefits a few time in the past 15 years...but after the first denial didnt do anything(big mistakes)and tried to hold down little jobs here and there but didnt do well. finally am on the right path i think. I applied in Vermont in august 2011 this is the initial stage..and they have already set me up with seeing a CE..their doctor for dec 26th, is this normal for the intial stage to be seeing their doctor, dont they usually deny you the first time. My conditions are Bi Polar, PTSD, A.D.D Severe Depression , and an Anxiety Disorder as well. I take lithium, wellbutrin ativan adderrall inderal... just curious as to why they are sending me to see their doctor who is a known adhd doctor in the state of vermotn and other mental disorders....i thought denial was usually how they handle the first stage....can anyone tell me if this is normal to be sent to their doctor rght off the starting gate?
@Cheryl....I'm in West Virginia, I filed in September 2011, they have already sent me to a CE and then an internist. When I received my first denial, they only based their decision on what the internist said and I never ever filed for that. All states are different. I'm waiting for a reconsideration right now. Don't know if they'll send me to another doctor or not. When I get the second denial, I'm hiring an attorney to take it from there. You should probably start looking for a local attorney too. It seems they deny everyone till a hearing comes up. Don't give up.
Hi all, I just got my 1st denial for my SSDI. They said my medical conditions would not keep me from doing my current job, and that I was too young. I am 50. I would like to know if there is anyone who can hire somebody that has frequent, nausea, vomiting, and diarrhea. I am appealing this case because I want the judge to see my medical records, I want him/her to hear what I have to say. I did not choose to leave a 6400/mo job for less than 2,000 if I actually get my benefit. I encourage EVERY denial to submit an appeal! I believe some of the disability examiners do not have the training or experience to make the informed decision that a judge can. Wish me luck, I have a feeling I am going to need it!! Stay well friends...
Well i hired a law firm today to represent me, even though im still in my intial stage and i was incorrect my Pysch examination is next week dec 6th not the 26th..I just thought they would deny me at least the first time before they sent me to a physician of their own....so does that mean it could be a good sign....cause wouldnt it be easier to deny me..then save money not to send me to a doctor then wait to see if i appeal their decision for reconsideration....im just wondering if maybe its a good sign that they are sending me to their doctor on the initial phase but who knows with social security......can never really trust anyone
For those wondering what is the normal process for Social Security, I have no answer. I went to a Social Security doctor during my initial stage. After Bering denied and denied at the reconsideration level I never saw a doctor until my hearing. Now my file was reviewed by doctors who never saw me but, I only went to one doctor's visit. I have spoken to people who have seen multiple Social Security doctors at every level and some who never saw a doctor. Just don't give up and find a local attorney. Remember 7 percent get approved at the initial level, 13 percent at the reconsideration and 50 percent at the hearing level. You need a good doctor who is a specialist dealing with your condition and he or she must support your disability. You also need an Attorney from your area to help you fight. Social Security violates it's own rules and a good attorney will fight for you. Also your doctor or doctors know your condition better than a Social Security doctor who saw you one time. I wish you all good luck.
@Gary. You would think Social Security would use your earnings as part of determining a person is disabled since they use your income to determine how much they are going to pay you. That would require common sense. I was in a simular situation as you. I worked for the government for 20 years. Every penny I earned was documented in black and white yet, I was denied a disability benefit that is a hundred thousand dollars a year less then my original salary. Common sence, nobody would stop working after 20 years, take a massive pay cut and I was determined disabled by my job and my long term disability insurance. Social Security does not care about people, they just want to get rid of cases. With a good attorney he or she can bring up your past work history. Judges aren't stupid, they know who's really disabled and who is trying to get a free check. It just stinks that in the beginning process they don't see and use your previous work history to verify you worked hard your entire life. You were a good employee, they have your W-2 forms. It seem to easy to factor previous work history into the determining process. Well, good luck.
Carrie,at some point in our life we all have to trust someone and if you have been a good tenant I would not hesitate to ask my landlord to do this on my behalf. Now days it is not easy to get good tenants so it may be worth it to him to help you out.
Carrie, maybe there is a way your landlord could word the letter without stretching the truth so much such as the position he is in IE: needing the rent and can't continue to wait on the rent,etc. I don't think lying is ever the answer esp. to the government. I think that sets you up for all kinds of trouble you didn't even expect. There are compassionate and hardship clauses and filings that you might want to look into in your case.
Here goes. I skimmed most of the comments y'all have written but finally scrolled to the bottom cuz my hand began hurting. I have an appt. with Social Security next week to file for SSDI. Because I've heard so many horror stories I called an SS attorney and scheduled an appt. to see him tomorrow before I go to the SS office.
I'm 56.5 years old, can't wait until Medicare kicks in! I've been unemployed since 9/2003. It was either resign or eventually get fired. I was first diagnosed with PTSD and major depressive disorder at the end of '86 or early '87. In Oct. '86 my abusive spouse stabbed me with a butcher knife then blew his brains out. Filing for SSDI didn't occur to me because I thought I'd be able to earn a good living because the "incident" occurred when I was in my 3rd semester of law school. Yep, I'm a lawyer but I don't practice. I did for a while, hated it. I've had various jobs during the last 25 years since graduating but most of the time, after a few months and some incidents at work (bosses coming onto me) I'd become stressed out and begin missing work. I loved my last job, I worked there for almost six years but a series of events caused a downward spiral. I blew the whistle on my boss for an illegal order. They did nothing to him but I became a target for retaliation. I endured it fairly well until my dad died. His death triggered my PTSD big time, and depression. I began seeing a psychiatrist, saw her for two years when she dumped because I no longer had insurance. I lost my home, almost everything, ended up homeless because my misguided mom thought tough love would remedy chronic depression and PTSD. Um, no, being homeless exacerbates both conditions. I didn't end up in my car or on the streets but I had to sleep on floors and sofas of friends and some very strange strangers for two years. I ended up moving back to OK from TX and a friend has been helping me with rent and bills. Last month he informed me he's cutting me off.
That's my background story. I've been seeing a psychiatrist at a free non-profit mental health clinic for 3 years. I'm on Cymbalta, restoril, xanax, Nuvigil to help me stay awake during the day,(I was on Abilify but I quit due to side-effects) I forgot to add, I've suffered from BAD insomnia for decades; I have several sleep disorders. I was also on Topamax but she took me off it for the dis-Ability. Every time I've asked her about applying for SSDI she tells me she has several patients who don't function as well as me. I'm seeing her next week and WILL convince her the time to apply is long overdue. I'll have 3 years worth of records from her, several months from a psychiatrist and counselor I saw in Dallas in '05 (while I was living with one of those strange friends), medical records from '86 when I was hospitalized and the police report. Yesterday I was shocked to learn that the psychiatrist I saw from 2002-2004 no longer has my records! The clerk I spoke with said they aren't required to retain them that long.
So, I'm trying to get my ducks in a row before my meeting next week. I fear that my education may be a detriment even though my disabilities are mental. I rarely leave home, I'm always afraid. I refuse to live without a dog for companionship and security. I've arranged to have my Lab receive "therapy dog credentials" in case I'm forced to apply for public housing. I'm like all of you; I'd MUCH rather work for a living but I simply can't hold a full-time job. I was earning $64K/year when I had to resign from my job in '03. Also, if I'm adjudicated disabled I should be entitled to my spouse's SS IF I can prove my disability began within a certain period of time after his death, I've forgotten the time frame. That's gonna be tough since that was in '86 but it's the truth!
Any ideas and suggestions re how I can navigate this mess successfully will be welcome. Time is of the essence because I may lose my home if I can't find a way to pay rent in January. Oy vey!!! I'll kill myself before ending up homeless again, I'm too old to survive that.... One more thing. Since I don't have medical insurance I have no proof but I've been diagnosed with degenerative disk and joint disease. A Dr. I saw in an Austin ER told me I need neck and shoulder surgery. I also have lower back problems. In '05 I worked at Walmart for three days as a cashier and had to quit after my back cratered from standing on my feet for 10 hours with only one break. Physically I'm only able to use my brain to earn a living but it's what keeps me from functioning at a high enough level. Thanks for "listening".
Here is an update. Our representative got paid on Saturday. My husbands was suppose to come in between Monday and Tuesday. I called the bank today and they said they see it but SS dated it December 1. Hopefully, Hopefully all back pay will be in our account tomorrow morning. I think I have checked our account every hour since Monday lol. Oh well we shall see. The SS guy sent me an e-mail and a fax to prove to me it is on the way. This will be a wonderful early Christmas Present. Time to pay off some bills. Thanks for all your help on this site especially Bogey it has helped keep me sane. Enjoy the holidays everyone.
@EEO. I think going to see an Attorney is a wise choice. You have a condition that is very difficult for Social Security paper pushers to understand. Until you have become disabled you don't know what the true meaning of being disabled is. Also, as far as your husband passing away. If you had kids they would be entitled until 18, you become entitled at 65. I'm not an Attorney so I might be wrong. I get most of my information from reading and experience with Social Security. Check with your Attorney. Your age should help you but, your education just gives the vocational expert more options. A good Social Security Attorney can deal with that. Also a local Social Security Attorney may have a list of doctors he or she can send you to see and help you get some of your past medical records. Good luck. @IB. I glad it all worked out and I'm very happy for you and your family. The money helps take away the stress so now you can focus on your health. Now that you have gone through this process maybe you can check in from time to time and let us know how your doing and give some much needed advise. I hope your now able to enjoy the holiday season. Your outside the box thinking, calling your State Representitive was a great decision. I tried it and it didn't help but every state is different. I'm sure one day someone will read how it helped you and it may help them. Congratulations and good luck in the future.
Great to hear that some of you have good news to share! I love seeing how just about everyone here is very supportive. I think that's so important! Thanks guys, and a very special thanks to Bogey - you're our hero!
I sure appreciate all the responses and help on here. I've really been bummed out since the last denial and can't seem to shake it off. I called my family doctor and she thinks I am depressed so she called in a Rx for Prozac. I'm grateful that I qualify for Medicaid, Share of Cost. That means that it will cover any medical bills that I incur from providers that accept Medicaid as well as any perscriptions. It's rather agravating to fax the paperwork to here and there to activae everything, but it's something until my husband's new insurance is active April 1st. I think I have enough of my meds to hold me over until then. I have also found many programs out there to help cover certain meds for free. If anyone needs help in that area, go to the drug manufactuer and see if they have any programs to help out. Keeping everyone in my prayers and encourage you all to hang in there, we'll get through this together. :)
Aimee
anybody get a attorney right from the start. I called one and he said he would take my case and just go file. he wanted me to sign a contract was wondering if I should just file and see if I get it on my own then if I get denied hire him no sense in paying him I thought he would help meright from the start
PMG. That's a tough decision. If your condition is so overwhelming, stroke, paralyzed or massive brain damage. Then you probably can win on your own first try no Attorney and quickly. However, if your disabled yet Social Security feels you can still do some type of work, they can and will deni you. There is no correct answer because Social Security is unpredictable. Do what you think is in your best interest. Attorneys only receive 25% or up to $6,000.00, of your benefit. I could probably give you better advise if I knew your age and your disability. Good luck
Back pay came yesterday. So happy. Stress meter 0. They even called me to see if it was in my account. Wow someone from SS that cares and does their job = amazing. Thanks Bogey for all your support and wisdom. Maybe you should become a consultant for SS lol. I will definitely check back from time to time. Good Luck to all and never give up keep the fight going no matter how many denials. Get an attorney call your state representative, do what ever you can to get the benefits owed to you. It is a long process but in the end after all the stress, phone calls, doctor visits, court dates and waiting period it will work out. I am a believer in being a piranha to get things done. Try to find one person at SS to be on your side and that can make things happen. Happy Holidays to all and I wish everyone a Safe, Happy and Healthy New Years.
HI I am 43 with hepatitis c extreme fatigue depression anxiety migraines back pain herniated disk neck pain worked all my life up until a couple of years ago. one lawyer I called said he would take the case from the start but he didn't want to do anything he just told me to go ahead and file seems to me I should try it on my own if he isn't going to help me at all until I get denied.
I haven't worked since DEC 2008 so I don't want to lose my credits I think I am all set there but I know they start going away the longer you don't work. I had been at the same job for 20 years
@pmg1968 We did not hire an attorney until we were denied a few times. We went to court and the judge sent us home and said it would be in our best interest to hire an attorney and reschedule out hearing. We did and it was the best thing we did.
so are you saying there is no point in hiring on from the start since he wont do anything with the initial application. He wanted me to sign a agreement that he would get 25% so if i got approved at the initial level i would still have to pay him for nothing.
@pmg1968 We did not hire anyone until we were granted a court hearing. SS denied my husband 3 times on paper. We finally got a court hearing and only then is when we hired a representative (per the judges request). He received around $5,900.00 from SS (of course taken from the back pay) The max is $6,000.00. The other expenses we have to pay him is $240.00. I suggest doing all the paper work in the beginning on your own unless you are not comfortable filling it out. If he is not going to charge you if you are approved at the first level then go for it, but most people are not approved at the initial level. I am not sure why he is charging you 25%. I know they can charge for medical records and such but there is a limit they can get from SS. I would ask him what that %25 is for. I hope this helps.
@PMG. The 25% is just a number used by law. The Attorney gets 25% or up to $6,000.00. So if your approved at the first level he or she will take 25% because your case won't reach the maximum of $6,000.00. If you have a doctor who is a specialist in the field of your condition and he or she is willing to assist you, as well as document why you are disabled you have a good case. There is no guarantee and the forms are a lot. Some you do over the phone, some your doctors fill out and Social Security will want constant up dates. If I can make a suggestion, start your own medical file. Keep a record of everything. Doctor visits, doctor's notes, x-rays, any tests, you list of medications and what affects each one has on you. NEVER give this to anyone. You can give them copies but, keep your file. This will help you in various ways. First when Social Security requests documents you already gave them you will have another copy, plus the date and name of the person you gave it to. Also, Social Security will ask you the same questions over and over. If you have notes in your file, you can answer the question the same. With any health or disability, your going to have good days and bad days. The important thing is try to be consistent. Also when you choose an Attorney, find a local Social Security Attorney. You want one who goes before the Hearing Judges and is familiar with what your Judge wants, if your case reaches this level. The bottom line is it's your decision. Some people win without Attorneys some don't. I do know only 7% nationwide win at the first level, 13% at the reconsideration level and 50% at the hearing level. I went through all 3 levels and I feel having a great Social Security Attorney made a difference. I retained him after being denied twice. I was 41 and in his opinion they denied me because of my age. I have great doctors and they all supported my disability but my Attorney prepared my file so well, Social Security's own doctors rated me even more disabled then my doctors. Good luck, it's a very scary experience. This site by Habee is awesome. I suggest you read her opening post and how she documented everything, had various doctors with more experience dealing with her condition become her physicians. Also one of her most important statements. Get it in writing from your doctors. It must be written and in your file or it's of no use to you. I learned most of this the hard way. I wasn't lucky to find this Hubpage until I was already denied twice. Sorry to throw so much at you but I try to give as much advise as I can to help people avoid my mistakes.
Checking back in. I've discovered that all SS attorneys are NOT created equally. The first office I called was apathetic, the girl said they couldn't help me until I'm denied. I called another law office; that attorney called me back personally. He referred me to a specialist because SS isn't his primary area of law. I called them and spent an hour on the phone with their intake person answering questions. I'm meeting with them in person Monday afternoon. He told me not to mess with filing myself, they'll file it for me electronically. That's the kind of service I need! I've spent the last two days drafting a chronological narrative to give them. 25 years of PTSD and major depressive disorder is a lot of information. I've managed to function and work in fits and starts but after writing about my life history I realized how profoundly my life has been altered. My age, 56, turning 57 in April, will be helpful. My education could be detrimental, however, my brain and ability to concentrate and think clearly are what I've relied on to earn a living. It will be easy to prove that I'm not physically fit for other types of work since my neck, shoulder, both knees and lower back are whacked.
I'm not looking forward to this battle but I've been through worse. It's unfortunate that mental illness isn't visible and easier to prove. The legal assistant told me that if we can convince them, somehow, that I became disabled in '86 when I was attacked I might qualify to have benefits backdated further than I thought they could. Not the entire 25 years that have passed but possibly as much as 10! I don't know the source of his information. Even SSI would be better than zilch....
my question is- i saw many of you saying that you were waiting on a hearing date... and you wrote your senators... should i ???? i thought you could only write them if you were approved, and still waiting on payment....
i would really appreciate your thoughts please... it's getting so hard, and winter coming... we are barely making it now...
please advise, and god bless all...
ps. hello bogey !!!!!!!!!!!!!!!!!!!!!!
@EEO. Your so right about Attorneys. Glad you found one who will help you. Good luck with your situation. @Sophia. I guess some of the Hubpage followers have called their State Senators and it helped speed things up. In Florida it didn't do anything. It all depends on your State. Good luck.
@Sophia-I would definitely write them now. We wrote them to get a Congressional rush on our hearing date and to get our payment. It helped in California. I am not sure where you are located. You can write your Senators office or call them for anything they have specialist in many areas. Every little bit helps in getting a speedy conclusion. The sooner you do it the better. If your Senators office puts a congressional rush on your case they have special people that just work on those cases at SS. This is what SS told me. It seems like they took it more serious once the rush was put on it. I even received a call from the person that was working on our case. He approved it and then walked it over to have it signed by 2 other people and then processed it. The calculations are entered by hand into the system, if there are any errors in the entries (which there were in our case) they re-enter them. Each re-entry takes approximately 2 days. When it is correct it goes into the last stage which is, in our case direct deposit. For some reason SS post dated our back payment for December 1 when it should have been put in 4 days earlier, go figure. I could understand if it was the monthly payment it would have made sense but in the end we finally prevailed. Definitely write your Senator or call them ASAP. Hope this helps.
Is anyone else from West Virginia? I'm wondering how long it takes at the reconsideration level. I haven't heard anything from them except to fill out another activity paper. I was thinking about writing to the Senator too.
I read, somewhere on the SS website I'm fairly sure, that claims, about which there has been a Congressional or White House inquiry,are flagged for faster consideration. I need to find that link but it's buried in several I've favorited in my SS folder.
I seriously doubt that contacting my Rep or Senator would benefit me at all, they're both neocons who don't believe in "entitlement" programs. They'd rather see all social safety nets abolished. I guess it's time for me to contact the White House again. Last time I wrote the pres they forwarded my email to a local suicide prevention organization. I'm not suicidal -right now- but I will be if I become homeless again. I refuse to be homeless, I'm too damn old and in too much pain. I've been reading info about SSDI and mental illness. If they send me to one of their "experts" and I'm required to undergo an IQ exam I'll likely pass with flying colors. My problem isn't my intelligence it's being able to function well enough to utilize it. I don't know anyone in their right mind who would rather scrape by on SSI or SSDI than work for a decent living if we were able. The entire system is oxymoronic! AKA-whack!
@ IB- thank you for answering... i know i saw it on the ss gov't web site, but like the person above said, i saved it, and that's like finding a needle in the haystack, lol.. as i saved alot from ss site.....
i am from pa... I had received a "expedite" letter from social security back in JULY... this is DEC... i have called, wrote, asked my attorney, they say i must wait...
I am in the Appeal process, as I was denied the first time, due to lack of proof... I also have several conditions in the blue book, and I went through extensive testing, have doctors proof that I am disabled now, and still social security tells me I must wait 1 year... I have been off since jan. this year... i applied, denied, the appealed... this is dec..... and no income... i am married, but he must pay all the bills, and my bills are being let go, as we don't have the money.....
social security just gives me the run around... even tells me there is no need for me to come in, i am in appeal process and waiting for a hearing date, so no need to come in... i don't understand it....
i will try and find who our congress person is.. i am not up to date with politics, don't follow them. lol..
but thank you sooooo much for replying.........
i also wish i would have waited to get a attorney until i knew when my hearing was.. as i have had a attorney since july and they have done absolutely nothing.... nothing.... i had to get some medical records, my prescription records, another statement from doctor... my husband made me get one, but my daughter told me to wait.. i wish i would have waited... they don't even check in with me monthly...
@Sophia. You can always retain a different Attorney. You just need to write a letter requesting to dismiss them. You send the letter certified and once you receive the green card from the post office letting you know they received your letter your free to see another Attorney group. I did it and it was the best decision I could have made. My new Attorney was local and knew the Social Security system. Good luck.
Hi I guess I should find a attorney who will help me from the start. the ones that I have talked to want to take my case want me to file first and dont want to help me I dont know if I should just go ahead and file on my own and hope I get approved or hire the attorney from the start? will the attorney help me file the initial claim I havent found one yet. I give up UGGGGGHHHHHHHHHHHHH
@PMG. I did the first 2 stages on my own. It didn't work for me. As far as your situation, I don't know what to say. I don't know why Attorneys don't want to take on your case. Keep trying.
@ eeo esq and Sophia- try this site https://writerep.house.gov/writerep/welcome.shtml
I wrote directly to my rep in my state of California. They have workers that deal with Social Security only. Or you can call their office. I had a really good rep. from Jackie Speiers office. He had me sign a release and fax it back to him with my issues and anything else I wanted to give him. I wrote him another letter and faxed that as well. There is an online form that you fill out, click on the Contact name of your representative and go from there. It worked for me. We have a great Congresswoman. She even sent a hand signed letter to us to make sure that we got all the help we needed and wanted to make sure we go our court date. I will always vote for her. Awesome Lady. Good Luck and keep pushing through the sooner you do it the better. Take Care
I have a attorney who is willing to represent me from the start if I sign with him shouldn't he help me with the initial filing.
I started with the online application process and recommend it.
I suggest you go to the http://socialsecurity.gov and use the interactive process they offer to generate your initial paperwork. It can help you put together a package and you are not required to make your initial submission with it. I would also advise you take your time with it and fill it out fully. Use it to know what supporting documents to obtain for what you put in, as that will help your application quality.
The number one problem mentioned in application failure is lack of documentation. Only you and your doctors have that information.
A personal letter from your primary doctor and primary specialist can really help too. However, remember you are just one patient of many. Help them out. Write a letter of your difficulties and why you think you an application for disability would apply. Give it to them so they have a starting document for their own efforts. Remember most writers have the most problem starting with a blank sheet. Help fill it in so they can make it more of an edit than a blank slate start.
I think getting an attorney involved too early is not helpful as they are unlikely to generate the initial documentation you need. They also tend to indicate a start the application on a combative foot. You know your situation, they do not. Thus, the application really starts with you.
Hope this helps.
@ BOGEY AND IB- thank you for the info... !!! also, bogey, if i dismiss my attorney,would i have to pay her?? for the work that i didn't see done... just curious... as I have no money right now, but I am not happy with them, and they even became smart with me, so I had my daughter call them...
i will definately check out the website today and write.. as I just would like someone to help, if possible... I see it's done, but this state is poor at giving help... I was denied the ss insurance is it? and public assistance, and medical assistance.. all b/c i am married, but we have a mortgage, and other bills, and he pays all that, and hardly any $ left over for my bills, and my medications... I always say, " maybe if I go to the square and put a big sign on me, PLEASE HELP... BROKE.... PLEASE..... GOD WILL REWARD YOU... PLEASE.... ..probably get run over, lol.. u must have some humor, b/c the ss waiting game can take a toll on you.. I know.... Strange- when I applied, I could talk to someone at ss all the time, once denied and in appeal, I get 2 min. of a strangers time, and that is it, and they deny me a scheduled visit... they tell me i am @ hearing stage, and no visit is necessary.... :(((
Your all wonderful people.... we should build our own ss office to help people like us :)))))
@ PUREPOTENTIAL- I agree... getting a attorney too soon, in my case, is not good.. as they will get paid from day one... they get paid for the waiting game.. that is what infuriates me... !!!
Also, I have wrote ss 2 times now, pleading with them for a " expedition", and have a doctors progress report with it... I hear nothing back :( When I called and asked to make sure they received it, I was told, " yes, there is a note here on your letter, and it was recorded".. that was it !!! I was told I had to get a note from my doctor, (another 30$ visit) stating that all the meds I take are necessary, and what each one cost, I did all that, sent it to ss, and my attorney, and heard nothing from anyone of them. That was in Oct... Since Jan. I have had to use all my savings, and a small retirement I was allowed to withdrawl, and I now have nothing.. I have a retirement from the pension boards, called a Annuity, and have called them several times, but I am not allowed to touch any of it, until age 55 ! Ever hear of Clark Howard? great invester person, he said, don't ever get a annuity !! I never knew, was younger then... anyway, thanks for the info.... love this site.. I am less stressed when I read at this site...
Wow.. that is quite a site for congress person !!! I am impressed, and thank you soooo much... I did write him.. funny, as I thought ours was a woman... here is just a sample of what it says at there website-----
I can help you find the maximum type of Social Security benefits for which you and your family are eligible. If you disagree with a decision the Social Security Administration has made, I can monitor your appeal and ensure that it is given full and fair consideration. Because of laws to protect your privacy, you will need to fill out a signed Constituent Services Form (PDF or Word, Download Adobe Acrobat Reader) and send it with the explanation of the problem you are having to my nearest district office. THAT IS ENCOURAGING WORDS !! I'LL LET YOU KNOW HOW I MAKE OUT.. I JUST SENT THE EMAIL, SO I DON'T KNOW WHEN I WILL RECEIVE A RESPONSE.... GOD BLESS ALL OF YOU......
Hi, Everyone:
I have noticed that several have mentioned that you have written to your State Representative. How does this help with the speed of the process (I am currently waiting to go in front of the judge for the first time-- which is in the neighboring state). What do you tell him or her? What type of documentation do you send along with this letter requesting help?
This is a step that I’d not thought of…
I thought that a few of you were talking about taking your case to your State Representative because the Social Security Department was taking their sweet old time in getting your money to you – not for getting help in speeding up the process…
Come on – give us all the details – what do we need to do?
All of us are on our last penny (most of us do not have that penny anymore!…any and all help would be really appreciated!
I know that you had to find the answers for yourself and I realize that you've been fighting this process a great deal longer than I, but I promise to pass along any and all information to the next person with whom I meet that needs help with the SSD office…..
Thanks,
Carrie
Hi Carrie, what I did was to google the state senator for my state, they will have a quick form for you to fill out about your case. Be brief and honest about your situation. The representative my want you to mail or fax a signed authorization, giving them permission to view your records. Do it, Carrie , this is the only way to make our legislators aware of SSA's shortcomings, and good luck to you. I know it's frustrating. I didn't get a lawyer and was denied by SSA. I am, of course appealing this, and I hope I get to see a judge, so that he can see my disabilities for himself. Do not let an unqualified SSA disability claims rep make that decision for you.. All disability cases should give you the option to go in front of a judge. I would rather a disability judge determine my fate, rather than a under 30ish claims adjuster with HOW MUCH EXPERIENCE??? Any how good luck to all, I will keep ya posted. PS Listen to Bogey, he can give you some great info, and thank you, Habee for posting this blog. You have helped so many people and God bless you.
@ carrie.... there is a great site up a few paragraphs, from IB 42 hours ago.. that is the site that takes you to find your state person.. it's real easy... just write as he said, and your concerns on your case...
https://writerep.house.gov/writerep/welcome.shtml
that is the site you go to......
@Sophia
Check again on the annuity. I found that I could start an annuity because of the disablement before the usual period. It reduces what you get and right now the market may not be ideal for a annuity buy in. You probably cannot take it out, but you can usually do the annuity purchase and begin getting the monthly payment.
@Purepotential. If you do take money from an annuity does it show as income? I have a neighbor who used money from an annuity for some house repairs and Social Security reduced her monthly check because they claim she earned more money then your allowed. She was shocked when they explained she is only allowed to take a certain amount each month. I'm not aware of all these rules. Also to everyone who received Medicare and you have an additional health insurance plan. Make sure you let all your doctor know you have Medicare and your additional insurance. I have been dealing with one problem after another for two years because each insurance company claims the other is my primary and my doctor bills aren't getting paid. I have made at least 50 phone calls to both Medicare and Avmed and I get a different explanation every time. Today my Attorney had to write letters to all my doctors as well as Medicare and Avmed to try to resolve this. I have two insurance companies and no coverage. The worst part is my Attorney told me when I received Medicare to let my doctors know to avoid this and I did. Well, it didn't help. I don't even know who to blame. The billing department of my doctors, Medicare or Avmed. They all give me a different explanation every time I call. I hope no one goes through this. Good luck to everyone and keep fighting.
Hi all, Just wanted to let you know that I have found an attorney who will accept my case!! I want to win my appeal... I really suggest getting an attorney, especially since most applications are initially denied. Retaining an attorney will, in the end save you time, hence money. Best of luck to all, Gary
@Carrie D- I suggest getting an attorney before going in front of the judge. They know the ins and outs. We went in front of the judge and were told to come back with an attorney it was for our best interest, we did and it made a world of difference. APPROVED! We wrote our State Senator 2 times. Once to get in front of the judge quicker and a second time to get paid quicker. They put congressional rushes on SS both times. It is notated in the file as well. The person at SS who got our case mainly dealt with congressional rushes and let me tell you he had more brains then any of the people we spoke with. He hand delivered our approval to his bosses for a signature. Our paperwork was lost 2 times prior to contacting our senators office. It made a big difference. You don't want to go before a judge and not know what to do or be sent home. I suggest if you have a court date to call an attorney ASAP. Hope this helps and yes go to the site above you can find your state Representative, fill out a form and a release and get started. Good Luck
Dear Bogey
Just wanted to drop a line to let you know I got partially favorable decision in the mail today Monday.
The judge changed my onset time from may 2007 to jan 1st 2008. I filed my case in in july of 2009. I was told that SSA will only go back 1 year from the time you started your claim.Is this true I know that theres no way there going to pay me 47 months - the 5 month waiting period . 42 months cant be right please help me here. Trying to figure back months..
One more question I believed you told me you got monthley pay and med card several weeks after you got your approval letter..
"The battle is over but the aftermath will be a job to clean up"
Thanks for hangin in there with me bogey
@Steveo. The Judge can do what he or she wants. I was approved in August 2009 and they went back to the date I was injured June 2007. However, they only paid me from December 2009 because of some 6 month rule. So they went back over 2 years minus the 6 months. I also didn't have to wait for my Medicare, since 2 years already past. After I was approved in August I received my Medicare card in September and my first monthly check in October. The lump sum came in late November. They pay your Attorney, workers comp and any long term disability insurance first. Hope this helps. I think I filed for Social Security Disability in November or December 2007. They should have gone back to the date you became disabled. I'm glad your case is over, sorry they didn't go back to your date of disability. It's a messed up system. Even when you win you lose.
@Steveo. My mistake. I was approved in August 2010. So they went back over 3 years. Sorry I got my dates messed up.
Hi, again!
@ Gary and Sophia:
I did hire an attorney, shortly after the very first denial from the Social Security Department. I actually get the mail from the Department before my attorney does – which we both (my attorney and I) think is very funny!
I know that this is not a laughing matter and I do not mean to make light of anything! However, I have to find the humor in it somewhere or I would go nuts.
I do thank you all for the information about the State Representative! There is an actual office just a 10-minute drive from where I live – I may have to take a nice drive later today or tomorrow!
@ Bogey and Purepotential: I am being penalized for having a 401-K and stock within the companies that I am employed with (yes, I am still employed – just on medical leave and have not let my two places of employment know that I am trying to get SSDI - - - just in case the judge says no, I really do not want to burn the bridges at both ends!!!).
The SS Department intake counselor said that since I have a “retirement fund” that I do not qualify for the SSI – “so sign this paper” – BUT I could qualify for the SSDI.
No, I did not sign the paper – I took it with me and told her that I would send it back to her AFTER my attorney looked it over! I did not have an attorney at that time, but I did not want to make any rash decisions.
The Social Security Department has two (2) different types of disability programs (a.) SSDI and (b.) SSI.
The ONLY differences that I can figure out is that with SSDI you cannot work at all and with SSI you have to be below the standard income level (or the employment level – meaning your “credits” do not match your age.
For example, you should get a yearly statement from the Social Security Department (IF you have EVER worked) around the time of your birthday MONTH. This statement is called “YOUR SOCIAL SECURITY STATEMENT”. It will give you information on your ESTIMATED benefits, your earnings record, and information such as that.
According to this document, Disability – If you “become disabled before full retirement age, you can receive disability benefits after six months if you have:
? Enough credits from earnings (depending on your age, you must have earned six to twenty (6 – 20) of your credits in the three to ten (3 – 10) years before you became disabled); and
? A physical or mental impairment that’s expected to prevent you from doing “substantial” work for a year or more or result in death.”
If you are filing for disability benefits, you must let them know if you are on active military duty or are a “recently” discharged veteran, so it is handled more quickly.
It says here, “You can work and still get retirement …benefits. If you’re younger than your full retirement age, there are limits on how much you can earn without affecting your benefit amount.”
It also state that when you reach “full retirement age, the earnings limit no longer apply”.
Here is the website for more information on your Social Security Statement:
www.social security.gov/mystatement
OR call
1-800-772-1213
Ask about FORM: SSA-7005-SM-S1
Some personal news – according to my Social Security Statement, I have earned the 40 credits (as of 2005) and IF I were the age of 67 (my full retirement age – back in October 2010-- NO, I am only 47 years old) then I would get the total monthly amount of $4,260.
IF I become disabled BEFORE full retirement age of 67 (back in October 2010), then I should receive $2,002 per month for disability payment.
NOW, I wonder how much of this is true….hummm…that is about ½ of what I bring home per month when I was working my two full time jobs (after taxes)…Yes, I have worked many great paying jobs – even military (NOT A VET), Postal Service, and Census Bureau – too bad I never worked at the Social Security Department! Yes, I have tons and tons of education. This should not penalize me in any way to get the money that I paid into the SS. If you look at it, you are asking for your money (if you have worked for a living) – what is that stupid commercial??
“It is my money and I want it now”……
Okay, now I will once again climb off my soapbox and let someone else have the floor.
I do thank each and every one of you for your help and knowledge…and I will pass it along to anyone and everyone I meet in the future that is having these types of troubles that we are going through!
Social Security will use anything against you. When I won my case, my job listed my last day of work as June 13th and it was June 12th. I had to have letters written to explain I never worked on June 13th, it was a mistake by the payroll system. I was in the hospital and had to provide the Emergency Room charts in addition. One day, almost caused me an extra six months of back pay. Over three years and they brought this up after my approval. The system is very dangerous. That's why I advise everyone to keep a file of everything you do from the day you file. It's impossible to remember everything you say, do or did after so long. Good luck to everyone.
Hi i haven't worked since 12/2008 I haven't applied yet they say my last date insured is 12/2013 so I guess I should apply I was wondering how much back pay I would get if approved also does your benefit go down the longer you wait thanks
Turned down and hired attorney to appeal. I have documented proof of brain aneurysm with stent located in mass of nerves causing severe headaches, dizziness, and nausea. Second small brain aneurysm found last year and being monitored for growth. Diagnosed with a Connective Tissue Disorder of a Ehlers Danlos variant, also confirmed by top specialist. Several small strokes. One eye stroke leaving me blind in my left eye and double vision in my right. Unable to drive car due to vision. These are only a few of the more severe documented problems not counting bleeding ulcers, multiple surgeries, in the hospital 3 x's this year and one of those were for 10 days with 3 days in ICU. I am 53 yrs old and have tried hard to work as much as I can because my husband has been laid off. I am sick so much it is impossible to work full time so I have been working an average of 16-20 hours a week. I am not able to perform the retail work due to limited lifting and memory problems so I am in constant fear of being fired. Some of my mistakes have been discussed while others go unnoticed and if I catch the error I try to correct it without anyone knowing the job was done wrong. Today, I was to go before the Judge. My attorney told me that he would be speaking to her first. He told me that the Judge admitted that I do have a lot of serious health issues but due to the money I made working this year was close to $800.00 a month and less than allowed it was recommended that I reapply and start over. Especially since my health continues to deteriorate and by the time I go before the Judge on a reapply I should have less earnings since my doctor has recently restricted me by adding Chronic Fatigue Syndrome. I just can't keep up but pushed myself making matters worse in hopes that I would have the disabililty income coming in to make up for me not working. I would work a couple days and then off a couple to recover working no more than 4 hrs a day. Instead, working only hurt my case as you stated above. What I need to know is by starting over do I lose the funds that I would have been paid for the last year or does the last year get added to this new application?
Bogee or anyone please help
I suffer from severe panic disorder with agoraphobia tachycardia gerd vertigo dizzy spells high blood pressure and a morbidly obease at 370 pounds I thought for joint pain and have I stopped working at year ago I am actually february of 2011 struggles with everyday life in completing daily tasks the other day my attorney who lives here locally in oklahoma contacted me he said that he felt I had a favor awfully strong case and was going to submit an on the record request for a favorable decision without hearin my attorney is also a former social security judge I have a medical a residual functional capacity form filled out it states that I can walk or stand less than 2 hours out of an 8 hour work day and also states that I can set less than 6 hours of an 8 hour work day hey were out and vir mental stress and work conditions would lead to panic attacks my mental health doctor fill out a form stating that I could not follow simple directions interact with supervisors or public appropriately and would not be a good candidate for employment anytime also the mental health doctor wrote a detailed narrative stating how I left a social security listing for panic attack for the gaura phobia once I turned all this in my attorney called and said he had good medical evidence going to request in on the record decision or I would not have to wait for a hearing I called the hearing office and they said they received a request to review my file without hearing they said that I should know something within 2 to 4 weeks if it was approved or if I still need to wait to have a hearing they cannot deny an on the record review request I can only approve it or put your file back in line to wait for hearing I am scared to death because I am 31 years old and I know that they will hold age against me I do not have a high school education and I did not have a gd or any formal college I only have a 10th grader education with all of the evidence about my limited functionality and I detailed letter stating that I was not playable do to a listing do you think I have a possibility of being approved also my attorney's secretary told me if the lawyer didn't fail I have a strong case with compelling evidence he was not submit them on the record request early review any comments would be appreciated and I apologize for delays and typing as I use the speak to text feature
@PMG. Back pay goes back to the date Social Security determines you became disabled under there definition minus 6 months. @Kaddi. I think you can refile over and over, you still get paid from the date Social Security determines your disabled. Remember ever disability is different. You may become disabled yet able to still work. A year later your condition gets worse and you require surgery now you can no longer work. You really became disabled a years before you met Social Security's definition of disability. @Jamestulsa. I'm not a Social Security Attorney but I think this is just a motion by your Attorney to speed up your case. If the motion gets denied your case should just continue from where it is. I don't think you have to start over. If I was you I would call your Attorney and ask him or her. Your Attorney should be able to assist you with an answer. Good luck to everyone.
@ PUREPOTENTIAL- I had called the pension boards before for a emergency, and they denied me.. then when I started my disability claim, I called them... 3 times... then sent me a official letter then ! guess they were tired of me calling them...
They said if you have over a certain amt. which I do, you cannot touch it till 55... and of course a penalty...
but if you became disabled, u must provide a letter from social security, and you are only allowed a small, payment every month, and if you want to withdrawl any larger amt. its like less than 3000. with a penalty... (couple hundred dollars) they just will not budge to let you take it all out.... at my workplace, we tried a rollover, and they would not do that either... they are strict... i wish i had known that before i put all that $ in it, lol.... Clark howard had other alternatives, and said never get a annuity, as you won't be able to get any $ out.. i know that for sure... You would think, pension board with united church of christ, would be a little more caring... :( thanks for your input...
Bogey, or anyone--- If I dismiss my attorney, what would i have to pay her??? i have had her since july... and she does nothing... just curious, about how much? and would it be hard for me to find another attorney for hearing???
thanks again....
@Sophia. When I dismissed my first Attorney group it only cost me the price of a certified letter from the post office. Now my Attorney did work out a deal with the group and gave them a portion of his $6,000.00. That was between my Attorney and the other group. My Attorney didn't have to do that but he's a fair person and decided to make an agreement with the group I left. From a legal stand point I don't know what the rules are. I suggest you speak with an Attorney in your area. It only took me a week to dismiss my original Attorney. Once I received the green card from the post office, letting me kown they received my letter my new Attorney was allowed to sign me as his client and take my case. Attorneys can't assist you if you already have legal representation. They can lose their lisence. So you need to write a certified letter to your Attorney requesting to terminate there service. Once you've done that and have the certified mail confirmation, you are free to do what you want. You take the green card from the post office to your new Attorney and he or she will take your case. If you already have an Attorney in mind, let him or her know your intentions. They will tell you what you need to do before they can help you with your case. Good luck.
Bogee and everyone , I spoke to my attorney today, he said that he only submits an on the record request with cases that have very strong compelling evidence. He said that my psych doctor were a detailed letter stating that I could not do even basic unskilled work due to psychiatric symptoms, also he said I have a gaf score of 45. The attorney said a gaf of 45 indicates serious functionality problems and poor social interaction in school and work functioning. He said gaf scores under 50 are very compelling evidence of impairments of work capacity. Also my medical doctor filled out a form that said I could walk less then 2 hours in an 8 hour work day and that I could lift 20 pounds occasionally and 10 pounds frequently. He also noted that in a sit down job I would have to stand up and change positions periodically to relieve pain and discomfort. He also said environmental factors and work stress would lead to panic attacks and behavioral outbursts. He also stated in the form " In my professional opinion, the patient could not do any type of work due to the severity of mental and physical symptoms, even sedentary unskilled work would not be feasable, ... I have panic disorder with aghoraphoboa morbid obesity, taccycardia, severe vertigo, multiple other conditions. I am weak and tired all the time. My attorney is a former social security judge of 22 years. He said he only submits requests for on the record in the strongest cases with good evidence. So I keep thinking surely a former judge would not submit this request if he didn't feel all the necessary documentation was there... An on the record decision asks an attorney advisor to give u a fully favorable decision without a hearing or having to wait to see a judge. These attorney advisors do have the authority to grant a favorable decision with out a hearing if the evidence is strong. With all that being said and my attorney requesting this otr review, does it seem like a good possibility I could win?? I'm so anxious and distressed waiting. The attorney says it takes about 3-4 weeks to get this decision. Also I'm scared because I'm 31.. I will keep everyone posted, but does it sound like a clear cut slam dunk case from the info I gave???
@ BOGEY- thank you so much... i will do that, and let you know how i made out.. thank you... have a great day :)))
@Jamestulsa. That sounds could for your case even though, it's bad for you. How ironic, the worse you are the stronger your case is. My Attorney was a former Social Security Judge. He told me the first day we met I would win my case based on my medical condition and my doctor being a board certified specialist for almost 30 years. He said as long as my doctor is willing to testify I would be fine. That being said, he did say he can't guarantee any case but he was very confident. It's just a long process and very stressful. When you factor in your poor health, family and finance issues it's very tough. I hope everything works out for you and you can focus on your health. Yes I won my case but everyday is still a battle. I'm no expert in dealing with Social Security but, I try to provide as much advise as I can to help as many people as I can. Good luck, stay strong.
@Jamestulsa. I mean that sounds good for your case. @Sophia. Your welcome. I hope your able to get a good Attorney to help you navigate Social Security's messed up system. I hope your next post is I found a great Attorney and he or she is fighting for you! Stay strong. I know it's tough but, you have to keep fighting. I wish you good luck.
I work as a disability adjuster. These are only my personal opinions and my experiences, nothing more.
Age is the #1 thing that will get you approved. If you're under 55, you're gonna have a much harder time.
Some states are tougher than others, 'tis true. California will put people on disability for a hangnail. Other states, not so much.
It's not a good idea to get a lawyer unless you're going before the Judge (then you definitely need one). Until it's time to go to the Judge, lawyers do nothing for your case. Most of my cases with lawyers, I never once talk to the lawyer's office. There's no need to, because they're not doing anything. They're just sitting around waiting to make money off of your bad situation. That is your hard-earned money, don't throw it away on someone who didn't work for it!
What the article's author says about doctors is true to a point. SSA doesn't care if your doctor says you're disabled -- your doctor means well, but doesn't even know SSA's definition of disabled, much less have a clue as to what makes someone completely disabled. If your doctor writes a statement saying that you're only able to walk, say, 1 hour in a workday -- that may very well help your case, but if your medical records don't back that up, that letter is just white noise.
In other words, if your doctor writes a letter like that, but your medical records show that you have full range of motion in all extremities and only minimal degenerative disk disease, forget it.
If your case makes it to the Judge, you have a decent shot at getting approved. Judges allow just about everyone because they can do whatever they want. It's actually getting to be a really big problem because they're allowing people who are definitely NOT disabled. They don't actually review the files themselves, they have staff that read the records and summarizes them for them.
If you are awarded a partially favorable decision, you're crazy if you appeal it to try to get more money. The person who handles your appeal may look at the appeal and say "what? Why was this person even approved, they're not that sick!" and overturn the decision. Yes, it does happen.
Most disability adjusters want to do a good job and the very best ones WILL fight for you, I know I've done it. They're also highly trained and most of the time their work has to be signed by an actual doctor. Some states let adjusters make decisions on their own on certain cases to save time. If it's obvious that someone is SERIOUSLY ill, why should they have to wait weeks for a doctor to approve their claim when there's a letter from the person's doctor saying they're terminal? Conversely, it doesn't take an MD to know that a 20 year old that's had only 1 seizure in the past year (and nothing else wrong with them) isn't disabled. The system is utterly clogged with cases like the latter, unfortunately -- which is why people who are truly sick usually wait months just to get a decision. It sucks.
One thing I'd tell anyone that's applying: know your doctors names! Telling me "oh it's that office across the street from the McDonald's on Central Avenue" isn't telling me anything, I'm in another city! I need doctor's names, the name of the practice they're with, their phone number and address. If something new happens, TELL THEM! You'd be amazed how many people I've had that have gone and had a stroke or heart attack and didn't let me know.
The doctors that do exams for SS are usually pretty good. Their job is to report what is happening, nothing else. They get paid the same whether you're seriously ill or just have a head cold. They do NOT decide whether or not your case gets approved nor do they have any interest in what the decision is either way. It may feel like they're not objective, but they really are.
I must directly reply to one comment I saw:
Gary - "It seems a shame that SSA hires 20 year olds to approve or disapprove claims."
The people who approve or disapprove claims have to have at least a Bachelor's degree, so unless some 20 year old is a genius that skipped several grades in school and finished college early, they're not going to be processing claims. The VERY youngest adjuster I've ever seen was 24 and fresh out of college. The majority of adjusters (in my state, at least) are in their 40's. The age of the person handling your claim is irrelevant, anyway. Would you rather have a 25 year old that's a new hire that still cares and still wants to do a good job, or would you rather have a 55 year old with tenure who's sitting around waiting to retire and doesn't care about the quality of their work?
First I must respond to this last post. To start, Social Security Adjusters as you call them are terribly trained. You never said what state your in but since files are sent around the country, I'm going to say most of them think they are doctors and they are not. They have people's lives in front of them and they are required to make decisions that can change someone's life. Yet they send out denile decisions out everyday based on opinion not FACTS! Any educated person when put in a position to make decisions must remove their bias opinions and utilize the information they have. The problem with Social Security is 90 percent of the case workers are liars, incompetent and just want to clear cases. THATS why Hearing Judges approve so many cases! Please don't insult or try to tell us Social Security is on our side. They lose have the reports you give them, then lie and say you never turned them in. This is a Hubpage for people who need Social Security to stop making excuses and do the job they get paid to do. Having your case denied because some adjuster has his or her opinion that your medical condition is going to improve is unacceptable. Being sent to a pediatric doctor for a Social Security exam when you have a spinal and hip injury at 41. Are you kidding me. So you wonder why Gary thinks your Adjusters are 20 something garbage. I've been approved, I've gone through the entire process. I will let you in on a little secret. You win at your Hearing because of all the mistakes you hard working Adjusters make. Hearing Judges are previous Attorneys. They know what a poor job Social Security does and how poorly they treat most people. Funny how once you hire an Attorney which you claim we don't need, most of us win our case. Odd that a Social Adjuster would come on this Hubpage to try and convince us Social Security cares and is doing it's best in addition, to providing us with advise. Mr. Anonymous, no one cares about Social Security's lame reasons for taking years to approve, denials or anything else. This Hubpage is to help disabled people get the benefits they deserve. To everyone truly disabled keep fighting. Maybe there wouldn't be such a back log if more cases were approved at the first level. I think 7 percent nation wide speaks for it's self. Your in a position to deni clams not approve them.
All right, back on the soapbox!
I agree, Bogey! I found it strange that an Adjuster would "visit" this Hubpage just to make this type of comment...as far as what you had typed,
"Odd that a Social Adjuster would come on this Hubpage to try and convince us Social Security cares and is doing its best in addition, to providing us with advise. Mr. Anonymous, no one cares about Social Security's lame reasons for taking years to approve, denials or anything else. This Hubpage is to help disabled people get the benefits they deserve."
I completely agree! These "adjusters" are paid to do a job and that job is to deny their fellow Americans the right to collect the monies that they so faithfully paid into the system -- IF THIS IS NOT THEIR JOB, then why are so many of us here on this Hubpage typing out their frustrations and trying to deal with their unusual circumstances?
Why would we be out on the 'net searching for answers and help, IF THE ADJUSTERS and Social Security Department REALLY CARED!
Yes, we ALL know that there are people out there who SCREW the system and they get what they want -- when they want it!
BUT ALL OF US HERE are here for one reason and one reason ONLY -- to get help with the questions we have about getting the money that we so faithfully paid into the system.. a system, I may add, that WE DID NOT HAVE A CHOICE about…that we as working Americans were FORCED to pay….that is supposed to be there for us in case of emergency such as disability….
As I typed before – IT IS MY MONEY AND I WANT IT NOW!!!
I have worked and paid taxes since I was 15 years old – I have put into this system my hard-earned money! This money was to be there for me when I retired OR if I become disabled. Well, guess what, I am disabled.
These “ADJUSTERS” do not know me! They only know what is written on paper…I saw 2 of the SS department Doctors – which BOTH of them said to me that they felt that my DISABILITY was in fact a true disability and the it would LAST for longer than the 12 months that is required by the SS office and keep me from working!
The SS department sent me to those doctors – these ADJUSTERS did not even “listen” to what these doctors said! They BOTH told me that the “ADJUSTERS” should grant me the SSDI based upon what they found.
I spent more than ½ hour with each of these doctors that the SS department sent me to…even though the time allotted was only 1 hour – my visit surpassed that allotted time!
These doctors even gave me a verbal referral to some other HELP that I was looking for…SO IF THE SS DEPARTMENT doctors can do this why won’t the ADJUSTERS listen? I will tell you why!
The ADJUSTERS base their findings on OPINION – their own OPINION! Just look at the wording of the documents they send to you when you denied…here it is a direct quote from that paper I received!
NOW remember that I have been off work since September 2010…..now it is December 2011….
“We have determined that your over all medical condition is expected to respond to treatment and is not expected to remain disabling for 12 months in a row.
We realize your condition will prevent the return to any past jobs.
However, it will not prevent doing less demanding work.
Based on your age (046 years and 09 months), education (23 years) and past work experience, we have determined that your overall medical condition will allow the performance of other work.
If your condition does not improve as expected, write, call or visit any Social Security office.”
WELL, I did call…I requested to speak with the same woman – INTAKE Counselor that did the additional interview, Ms. Andrews.
NOW, let me tell you that YES – she was UNDER the age of 24 – she was actually 22. I ASKED! She demanded that I call her Ms. Andrews – all the while she called me Carrie!
I asked her to transfer me to AN ADJUSTER with whom I could speak with just to find out how he or she concluded this “finding. I wanted to ask – since THEY “realize (my) condition will prevent the return to any past jobs, but they based everything on “…age, education, and past work experience,” I wanted to know what type of job they thought I could do.
MY QUESTION is: What employer will employ someone who WILL miss 30 days or more per year, who cannot use her hands and arms because they do not work properly?
I cannot even tie my own damn shoes – or comb my own damn hair…how the hell do they expect me to complete a task within a company?
SINCE you are a SOCIAL ADJUSTER –a-nonny-mouse- YOU ANSWER THAT QUESTION FOR ME – right here and right now!
What type of job can I get at the age of (now) 47 years old woman – KNOWING that I am going to be out sick 30 days or more due to disabling migraines AND someone who cannot use their hands or arms for any length of time….?
I WANT TO KNOW!
Just to let everyone know -- my son is typing this for me, as he has typed everything I have ever written here before. I have a friend who is creating a "talk" program for me so I do not have to wait for my son to come do my typing for me...
@Bogey,@Carrie D
Why the venom? I am looking for information as well as support. I thought I learned something from anonymous. I need to learn. I get the anger, but venting anger does not usually get us anything back but more anger.
@Carrie D
have you heard of Dragon Naturally speaking? I use it and it can even correct punctuation, run the OS, etc. You just have to train it to your voice.
THIS IS POSITIVE BOGEY, BUT NOT ABOUT THE ATTORNEY BUSINESS YET..................i am writing on a lap top, which i am not good at, so I cannot thank the proper people for the senator link, b/c I cannot scroll right, lol.... but just to let you know, i heard back from my senator's representative, today, and i had only wrote them maybe 3 days ago... he gave me hope, but i am trying not to be too hopeful and a big let down.. but he told me to hang onto my attorney for now, so that is a plus, as far as hope goes.... we will see......
A-nonny-mouse: I am a college educated woman, 63 years old. By the way all of the SSDI people I have seen look 20 years old. I am battling the second cancer in the past 7 years, one they tell me I am not going to win. I have many other problems and was forced to finally retire last year at 62. I am not trying to be disrespectful or divisive but this is my reasoning. I paid it in for 35 years,I can't work anymore, give it back before I die.
If my comments upset anyone, that was not my intention. That being said, I'm not going to have anyone from Social Security come to this Hubpage and pretend they are here for us. After being treated like a faker and dealing with all the crap they put my family and me through for over 3 years, I will not have some Social Security Adjuster come here and make himself feel better by telling those in need he's our friend. As far as I'm concerned they are scum. By they way Carrie my denile letter from my Adjuster sounds just like yours. Even though you can no longer do your past job we have determined your medical condition will improve and your young enough to find another career. How did they determine this? Social Security never conducted any tests on me and my one of my conditions has no cure. If this is not based on opinion what is? My Adjuster didn't use Social Security's Doctor's medical findings, which were disabled. My Adjuster never used my Board Certified Neurological Doctors findings, my condition is not only a permanent disability but he is going to require a second surgery. my Adjuster never used Social Security's list of impairments, which I met under several listings. My Adjuster rated me less disabled and said I could do more than sedatary work, bending, lifting and twisting. His findings went over well at my Hearing when I walked in using a walker and had my driving prevliges taken away because of my improving condition. It took a Hearing Judge 10 mins to make a Bench Ruling. She based her decision on medical evidence and a real doctor who reviewed my medical file. He even found me more disabled per Social Security's list of impairments than my own doctor. So if I sound like I don't care for Social Security Adjusters, I don't. I don't think a person with absolutely no medical training should be determining health issues. My medical file is over a thousand pages and getting bigger each month. So once again if my dislike and distrust for Adjusters is a bit strong, you become a bit angry after hip surgery, spinal surgery, 15-20 medical procedures, months of physical therapy, thousands of pain medication, losing 59 pounds, not being able to sleep, having a dead left leg, not being able to sit for prolong periods, needing help taking showers, getting dressed, needing assistance using the restroom and I never mentioned all the doctor appointments I have each month and tests they conduct that hurt. So I say good bye to everyone who is still fight for their disability assistance. I pray everyday for all of you and hope you don't have to go through what I did. The unfortunate reality is, I know some of you will and are. I won my case but I still fight for as many people as I can. I may have lost my physical ability but, with my Apple I-Pad I can type from my bed. I made a promise to Habee, I won't stop fighting Social Security just because I won. Just today I wrote an e-mail to Rep. Allan West in Florida. I will get someone in a political position to fix this broken Social Security Disability System. I will fight until I take my last breath. I owe that much for all those who are disabled and getting the run around. God bless those who are fighting. Bogey
Im scared.. In waiting on this on the record decision.. I hope to get a favorable approval without going
To a hearing. My attorney said if the evidence was not very compelling he would not even attempt to get an otr decision. I'm scared my age 31 is going to be against me. Please pray for me .. I am praying for all of you. I am in torture waiting on a decision from the hearing office
@Jamestulsa. Wish you luck. Just think positive. If you don't receive your OTR, you will go before a Hearing Judge and they look at your disability not your age. I hope you get your approval but Judges are fair. I looked up my Judge on Social Security's web site and she has the third lowest approval rating in the nation. I wanted to die when I saw that but, after going before her she was trough and fair. If your medical documents are consistent with your disability your age won't be a factor. I was 41 when I started the process. Social Security Adjustors and Vocational Experts use your age. Good luck, stay strong and we are here for you.
@Bogey- Good for you. I don't think anonymous is fooling anyone. Here to help yeah ok. I believe that. Just like I believe that everyone working at SS deciding on cases has a bachelor's degree that was laughable.
@Sophia- I am glad the site helped and that you heard back so quickly. Keep a positive attitude and good luck to you. It worked for us but of course like you we had our doubts. Take Care
@ IB- thanks for the comment... I just called our senator on friday, and received a letter in mail sat. that they notified ss office... dumb question- what exactly happens now???
i am awaiting a hearing, since june.... completely broke, and very emotional...
if anyone knows what exactly happens now since senator contacted ss... he told me not to dismiss my attorney yet, so that was hopeful to me.. as i told him i was debating on dismissing her... love this site....
@Sophia- In our case they had my husband sign a release and send them information regarding his disability and anything we got from SS. We faxed it. Then they contacted them and called us back to let us know that they called. We then received a quick date to see a judge. After my husband was approved it seemed to be taking a while to get payment so we called them back and they contacted SS and put a Congressional Rush on it. It actually said in his file Congressional Rush so it went to a specific person that handles it. Our rep. contacted them and spoke to the SS rep who actually hand carried it for all signatures. The SS rep actually called us to see if we were okay and to update us on everything. He was the first person we spoke to at SS that cared and worked hard for us. There was also a statement in the file that this was a financial emergency. Which we included in the letter to our congresswoman's rep. All I can say is the squeeky wheel gets the oil. So bug them constantly so they know you need action. I hope this helps. But definitely go to court with an attorney. We received a letter from Jackie Speier checking on us to make sure everything had been taken care of and if not to contact her office again. She is awesome and will always have my vote. She definitely cares about people. Look her up if you don't know about her she is an incredible person.
I have a friend that badly needs to get disability. He works daily with a very bad leg and I'm afraid he may end up loosing it some day. Problem is this, he makes very little money and can not even afford to go to a doctor about it, he tried to get medicaide but was turned down because he needs a denial letter from social security, social security won't even talk to him because he doesn't have a doctor. Is there an answer for this man since he can not afford to see a doctor? I myself filed for social security 2 years ago. Fortunately I had health insurance and the time and when I filed I contacted every doctor I had been going to and got copies of all my medical records. I filled out the questionnaires and made copies of those as well. I got copies of all medications and also noted that I had problems sitting for long periods as well as standing due to my conditions. I went to the SS office with all my information in hand and the guy at the office was amazed at what I handed him. They sent me to a psychologist a week later. This was June 2010, I got my approval letter in August 2010. I was shocked.
But, if anyone has any answers for my friend, it would be greatly appreciated.
CWEBB, see if your friend can contact a local Social Security Attorney. They may have a list of doctors they work with. Some doctors may work with the Attorney and collect payment after your friend receives his disability and Medicare. I'm sure there are thousands of people in a position like your friend. Good luck.
I was wondering... You all know I'm waiting on an otr decision that was submitted on 12/1/2011. It has not been very long yet. I want to write my congressman and ask them to give a congressional interest or inquiry into my case. Does anyone think this could possibly speed up my otr decision? This waiting is driving me insane.. I can't focus on anything except waiting on a decision.. Also I prayed again today for all of you here. I hope we all get swift quick results. Also, I think it's pretty low that they can sure cut you off within 30 days if they find your condition has approved.. But it takes 1-4 years to get approved.. The whole process and the way it works makes me sick.. But let me know if you think I should write my congressman.. Thank you guys!! Also I'll keep everyone posted on any new updates and I'll continue to comment every couple days at least.
@ IB- Thank you so much for responding.... I am waiting patiently... and anxiously.... you had stated that you wrote a letter of financial emergency... We had told our attorney that, and she said it did not matter... I even told ss that... I was pretty upset... so i am glad that I contacted our senator... I am praying it speeds it up... as winter is here, and no money for fuel, and wood is expensive also... praying for everyone here also....
thank you so much... hello bogey :)))
@sophia- We were actually told that it did make a difference if there is a financial hardship, by the congress womans rep, our attorney and SS. Hmm I don't know what to say about that. When SS called us he was well aware of it and told us between the financial hardship and the congressional rush our case was given special attention. We have been where you are now, it is no picnic. Wondering how you will put gas in your car or pay your bills is extremely stressful. My heart goes out to you. If I were you I would also look into some county programs in your area. There are places where I live that help people with food, certain bills and other things. I don't remember where you said you lived, but here in California on craigslist we have lots of people giving wood away free and some great county programs. I work for the county and it is amazing what kind of help is available to people in need out there. My husband has not worked in over 3 years and after the work comp and disability ran out it was extremely hard to live on one paycheck. Call your county and see what services are available to you. They are out there you just have to look. Take Care
I am almost 63 years old;I applied for SSDI in October. I was working at my job of 23yrs.,in a hospital.I have always had trouble with leg pain; but I kept pushing to do my work as a hospial housekeeper. In April, after several tests MRI,CAT.,x-rays,and other tests, ordered by my primary doctor of 20years, I was sent to a neurosurgeon. I was told I had spinal stenois. After an epidural injection in April, I had spinal fusion surgery in May. I stayed in the hospital for three weeks. After being home for about 3 weeks, I was back in surgery again; because of an infection. In the hospital again for 5 more days, and sent home with a pic-line to get meds for the infection.Nurses were out everyday for a month and a half.I told them my leg pain was getting worse; neruosurgeon sent me back for other tests. At my appointment with him in October...the doctor stated he saw say something else in my back, that maybe he should have fixed when he did the spinal fushion. A pain specilist has been giving me nerve root blocks, and now she wants to try a spinal cord stimulator.I use a walker; and sometimes on a good day a cane. I really thought I would have been able to go to work...but I cannot do the work...I really miss it and my friends and co-workers. I have been getting LTD, and they had me to apply for SSDI,with Genex...really a part of their company. If I am ever approved I will owe all of any lump-sum award to the long term disability carrier. I have an appointment for a SS medical doctor to see me this month. At least someone is looking over my case. I have read numerous sites about SSDI;but I have found this site to have been the most informative.Thank you all, and good luck to everyone.
@Dar. It depends on the agreement you have with you LTD company. My job allowed us to purchase LTD and in there agreement we had to pay it back. It sounds to me, since your LTD had you apply for Social Security Disability they will try to get some money. Did your LTD recommend an Attorney to you? If so be careful. They will have you fill out forms that can give them access to your back and take your Social Security Disability. I only know this because my LTD tried this with me. The make you feel like you have to use the Attorney they recommend then they have inside information. My second Attorney explained this to me and was able to prevent my LTD from taking all my money. @Jamestulsa. Every state is different. Some states it works some nothing. Also with the holidays the next few weeks nothing gets done in government. Good luck everyone.
@Dar. My spell check changes words. I was trying to say. It all depends on the agreement you have with your LTD. My LTD wanted money back. Some private companies don't. If your LTD is through your job be careful.
@Bogey, thanks I will tell him to try that. I'll let you know if he was successful
@ IB- yes, i feel for everyone playing the waiting game.. I don't understand our system, so excuse anything I write or ask that may seem dumb.... just i don't understand why they can't hire more people @ the ss office's....
As for county assistance, I applaud you for helping needy people...
But here in my state, pa, i was denied everything.... AFter hours of digging out past info, and then applying, and answering, denied, denied......
they had my hopes up for free fuel, had it ready to be delivered, and I received a phone call, and they said, " sorry to inform you, you were denied.We forgot to include your husbands income....!!!!
I said, but my husband pays all the bills... He cannot even pay all of mine.. We barely have any money left over every month, and none for fuel... food is more important than fuel.... i have conditions, asthma,low immune system, ect, i cannot take the extreme cold, i get sick easy in winter...... SORRY, BUT YOU EXCEED THE FINANCIAL LIMIT.... i said, we have a 900 $ mortgage, SORRY, I DON'T KNOW WHAT TO TELL YOU OTHER THAN TO CONTACT RED CROSS, OR A CHURCH ORGANIZATION....
That was a huge let down, and melt down for me.... oh, i was so upset.... like i had said before, i felt i needed to be outside on street,
" CAN SOMEONE PLEASE HELP US, PLEASE... "... i never asked for help in my life.. i always helped others... but with no parents, no grandparents, i had no one to ask...
i did tell our senate, i owe money to our pharmacy, they won't send meds i need daily b/c of money due, i have been turned into the credit collection for 2 bills so far, we have little fuel for emergency, using wood stove, but house is still chilly, as it's big, i have conditions in blue book. i have documentation from doctors, xrays, tests, i did all that was asked of me, and social security told me i had to wait until april or may... my family is falling apart, as my husband does not handle the stress well, so it's ALL ON ME.... and alot more i wrote...
i appreciate your kindness, and i am patiently waiting.... i hope something good comes out of it soon.. you know, i wrote MY ATTORNEY, LAST WED.. AND STILL NO REPLY FROM HER... TELLING HER I AM UPSET WITH HER, SHE PROMISED ME SHE WOULD LOOK INTO EXPEDITE SINCE I RECEIVED LETTER FROM SS, SHE DIDN'T, SO I DID,., I TOLD HER I FELT IT WAS UNFAIR PAYING HER FOR THE WAITING GAME WHEN THAT MONEY I WILL NEED MYSELF TO GET MY LIFE BACK IN ORDER... I WAS NICE, BUT TOO THE POINT !!!! my daughter told me it was good letter, and THEY WORK FOR ME !!! but they are doing nothing... but senator told me to hold on to her awhile if i can.. lol.. humor is necessary !!!!! sorry so long...... will keep in touch !!!!
@sophia
Sorry to hear of your hard times. Am in PA too and assistance office denies almost everything. They always find a reason, and when your condition changes and reason goes away, they find another reason. Food banks may be available at Salvation Army and a local church. You can go to more than one to get enough food if needed. You take what they give, a box of whatever. If it is too high of sodium or other, that is best I found they will do.
For scripts, giant eagle and walmart are much lower than others. Make sure you tell them if you do not have insurance, as they have a lower cost for that if that is your case. I suggest calling them and checking prices. Most drug stores and shop and save will break your back with script costs if you do not have insurance. I do not recommend them.
I worked 40+ years and paid taxes, and suddenly it is like I never worked in the counties eyes. They act as if you are looking for easy money. I asked them, "Why do you think I would give up work that I loved and try to live on a pittance instead of the great income I had before I was struck ill? Plus, who would volunteer to lose everything they accumulated in 40-years to get it? I did not volunteer for this." If I remember they just said that was not their problem, they were just following the law.
Hope the script and other information helps.
@Sophia. I can't handle the cold either due to all the implants and screws in my body. Last year I bought a small tower space heater. It only keeps my room warm but it's very helpful. I bought it at Home Depot. I've seen similar types at CVS and Walgreens. They don't last in the stores once it gets cold. Good luck.
I am very much pleased with the contents you have mentioned. I wanted to thank you for this great article. I enjoyed every little bit part of it and I will be waiting for the new updates.
@ PUREPOTENTIAL,
thank you for all the helpful information... In a way, i wish i didn't have prescription coverage, as it is very costly with many meds... i know wallmart, gives much cheaper, but only if you don't have insurance... I am fully insured, lol...
i understand your grief with the ss system.. I never thought it would be like this... it's so wrong, when you worked all your life, and then you became ill and continue to work, then u just can no longer do it, due to pain, sickness, ect... darn shame.... really it is, and this is America???
I do get spiriva free, even though i was told i was denied, but i have gotten 2 months worth now, so i am not complaining... but was a surprise to me.. i get nothing else... hmmm, i guess i could google " food bank"... and see what we have here... thanks for the great info...
i don't remember where you are at ss, but i still wish you luck and have empathy for you....
thank you so much......
Food banks. You won't find them in search engine. Call county and ask, ss often knows, and Salvation army. Call a Catholic or Methodist church as they also often know and it is one of the charity acts. There are often many food banks available in an area, but they do not advertise because some people that do not need it take advantage of it, when they should not. Advertising just gets them hit with requests by those that scam and take away from the available supply and those that do need it.
oh thanks for the great advice again... i will look it up in our phone book... thank you sooo much purepotential :)
PSSSS... BOGEY--- My daughter was going to buy me a space heater, just for the bedroom, as it is freezing in there, but my husband won't allow it.. he said it will raise our electric... :(((( so for now, i just dress in layers, and when not real active, i will jump in bed w my boxer, and she keeps me warm.. i have 4 blankets and 1 big comforter, and it's still chilly.. :( I do go out by the woodstove awhile, but I can't be out there long, as you can smell smoke sometimes, and I have asthma, and that is not good...
you all are so wonderful... i love this site... so happy i found it.... not sure what happened to my boxer puppy profile pic... :( will have to check then... god bless all of you... i hope i find the food bank places...
I want to know if anyone has a home foreclosure and trying to get disability. I want to know who I can contact to get my case moving. Thank you.
@Sophia. The new modern small tower heaters are very efficient. Just like a fan. Look them up on line. Good luck.
*shrugs* Believe what you will about me, people. I have no need to "make myself feel better," as it was suggested. I saw this site and figured I'd throw some advice your way that I'd have killed to have a few years ago when one of my parents was going through this. I actually kept it brief, there's a LOT more tidbits I'd have been happy to add, but seeing as the majority of those who responded to my post apparently already have everything ALL figured out and know EVERYTHING there is to know about the system and how it works, it appears I wasted my time.
This, I'll directly respond to, then I'll be on my way:
"Mr. Anonymous, no one cares about Social Security's lame reasons for taking years to approve, denials or anything else. This Hubpage is to help disabled people get the benefits they deserve."
From what I can tell, this Hubpage is nothing but a place for people to gather and commiserate. The second someone posts who might - just might - have some insight and be able to shed some light as to what SS is looking for in your claim, you shoot the messenger. Yes, I'm posting anonymously, and true, you don't know me from Adam. Occam's Razor dictates I'm either a total liar sitting around making stuff up to entertain myself, or I actually do know what I'm talking about and am simply telling you things you don't necessarily want to hear. I can assure that if it were the former scenario, I'd be putting my stellar storytelling skills to better use than hanging out on this site.
My only advice at this point is to completely disregard my first comment and to keep doing what you're doing now, since it's obviously working SO well for you.
Hi everyone. Still patiently waiting on an otr request...the waiting sux so bad... I feel for everyone still waiting and fighting.. I'll keep you in prayers..
I see once again Mr Anonymous has blessed us. Now we are all idiots for not accepting his wonderful advise. We don't know who this person is. He pops up here 5 days ago, tells us he's an Adjuster for Social Security and he has all the inside information to help us. Wow! Goodbye Mr. Adjuster. Go deni some more files. If he was so willing to help, then why didn't he start out 5 days ago with everything you need to win your case? No, let's be vague and toy with everyone waiting and suffering. I'm an Adjuster I'm here to help but, I'll give you advise from time to time. I will string you along because that's what I'm good at. GET LOST! What a loser. Didn't this guy even read the begging of this Hubpage? If you were here to help your post told us nothing we don't already know Mr. Anonymous. @Jamestulsa sorry your still waiting. Hang in there. I do know how it feels and it's not fun. Good luck.
@ anonymous, How long have you been an adjuster? 5 yr, 10??
How can you determine whether a person is disabled or not, if you haven't seen or spoken with them. Each case is different, and I don't think the system works. Not when we have people who have cancer and other serious illnesses that are not being approved. By the way, before becoming disabled, I was a licensed medical professional for 30 yr. I can't tell you about how many of my patients I saw that were clearly disabled, and still fighting for their benefits. Do you honestly think I wanted to give up my 90,000/yr job to make less than a 1/3 of what I normally do? Come on!!! I hope you never become disabled and go through what we do. Look up the word "empathy". It is a quality most adjusters lack. EVERYBODY, GET AN ATTORNEY TO GET A HEARING IN FRONT OF A JUDGE!!! Best of Luck, Gary
Very well said Gary! My grandfather died of cancer before he received his Social Security Disability. He worked his entire, was a World War II hero and when he was diagnosed with cancer and given less then a year to live, his country turned it's back on him. How ironic, I worked for the government for 20 years and when I became disabled they did the same to me. I am fortunate my disability is not terminal but, I'm still disabled and had to fight to the end. Thank god for honest Social Security Attorneys who fight the broken system. I could understand being turned down because you don't have medical evidence but, cancer, spinal injuries, years of documented mental illness. Come on! This is why so many cases win at The Hearing Level. Good luck to everyone, stay strong.
:( Hello everybody. Today I received a letter in the mail from the hearing office... It said that they could not make an on the record decision and that my case would need a hearing to be appropriately determined.. I am agoraphobic and have extreme anxiety as part of my conditions.. So this just worries me terribly. Also I looked up my judge, and they are a middle of the road judge.. Not the lowest approval ratings like bogees judge was but definetly not the highest either. This has me bummed but grateful too.. I'm bummed it's not the highest approval rating judge and I'm grateful it's not the judge with the lowest approval ratings. This particular judge approves 56% of all claims dismissed 11% of cases and denied 33% of cases. I just hope I get a fair judge who will read my file in its entirety... Bogee, I know you say that judges are fair.. And I believe they are. Most of them. But we all know there are at least a few judges across America who are not fair in determining disability. I'm sure some are racist or biased in certain ways or I believe some judges may just not like you from your appearance and testimony... But I hope I get a fair judge who will treat me fairly. Like I said most judges I do believe are fair. I just worry about any corrupt ones. Please anybody that prays.. Please pray for me.. My hearing is march 27th at 10am so please wish me luck.. I'm nauseated with anxiety and in distress waiting.. My lawyer was so confident that my case was solid with good evidence.. Now I'm paranoid that maybe all my records are not submitted?? I am going to review my file and not just trust that the lawyer has turned in all my records. I hate to sound paranoid but I just feel like everything is going against me and I keep thinking age age age is gonna take me down... I hope for a miracle in march.... Let me know your thoughts thx..
@Jamestulsa. Just pray your Judge is trough. If he or she is you will be fine. I was very scared before my Hearing day but, after I saw why so many claims are denied. If you have good medical documentation, a respectable doctor and an Attorney with a good reputation you will be fine. I saw a lot of people who were just looking for money. The Judges are not stupid. My Hearing Judge read my entire file. She asked me a few questions but, it was obvious she made up her mind based on my medical file and my doctors reports. I will say my Attorney, prepared my file and gave every document to the Hearing Judge in a timely manner. Judges like things a certain way and every Judge is different. That's why having a local Attorney is so important because they go before the Judges all the time. I'm sure your Attorney can tell you about your Judge. 56% is above the national average. My Judge has a 3% rating. Keep in touch and I will pray for you. My Attorney told me something about the Judges and the ratings. Not all Judges work full-time as a Hearing Judge. Some hear thousands of cases each year some a few hundred or less. So the ratings for truly disabled people being approved is higher than 50%. I look at it at around 70%. Of the 30% denied 20% are just looking for a free check and the other 10% just had bad doctors or Attorneys. Just try to stay positive and thank god your hearing is in 3 1/2 months.
Ya thanks for the input.. I can't wait to have my pre hearing meeting with my attorney. Everytime I think of a question i going to write it down so I can ask the attorney. And 3 and 1/2 months seems like forever and seems like its gonna be the slowest 3and 1/2 months of my life but I guess it's better than 4, 5, or even 6 months. Also I've seen stories on the Internet where people get to the Hearing office and they're lawyer tells them they have won before the hearing even takes place. Sometimes a judge will grant you favorable before your hearing while reading your file. Either way I just hope it comes quick. It don't seem like too much time to wait... Especially wen some people have been waiting over 3 years for a hearing date...I'm just gonna be crushed if I get denied.. I honestly know I can not work anymore. And if denied ill have to re apply and start again... But that is a terrible process to go through again... I'll keep everyone updated.. Also I plan to see my
Doctors in February and have them make new functional capacity assessments.. That way my functional capacity records are current in my
File... I hope for a miracle..
God is watching over you, James, I know it! Don't worry, you have the truth, God, and us on your side... YOU WILL BE APPROVED!! Stand in front of the mirror and say it 3x day. I will pray for you tonight. @ Bogey, Thanx for all of the help you give all of us on this blog. You have managed your horrible experiences, and yet, you are not a bitter person. The world is a better p;ace, 'cause of you. Thanks buddy!
I just wish more people who have had to fight Social Security Disability would help those in need. Even though I won, I still have physical disabilities and I've been fighting with Medicare since being approved. Imagine, I have Avmed and Medicare and I have almost $200,000.00, in medical bills that haven't been paid. I have probably made over 100 phone calls to both insurance companies and I get a different explanation each time. My doctors aren't getting paid, my medications aren't being delivered to my doctors. I never had a problem when I only had Avmed but after winning my disability case I received Medicare and now I have two health insurance plans and all my bills keep getting denied. I hope you guys don't have this happen to you. If I knew Medicare was going to cause me this much trouble I would have never accepted it. My family can go to the same doctors as I do and they have no problem. If I go it's a problem. The funny part is they are under my Avmed plan from my previous job. When I retired from my disability, I was able to keep my health insurance for my family and me. Now that I have two health plans all I get is denials, each insurance saying the other is responsible and problems. They are so unbelievable, they denied my back surgery 7 months after I had it. How does that happen? Everything was approved, had my surgery and now almost 2 years after my back surgery Avmed denied what they approved because they claim I had Medicare. When I had my surgery, I was waiting for my Hearing date. Since it took me so long for my hearing, when I won I automatically received Medicare. So in there opinion, I should have had Medicare pay for my surgery even though, I didn't have it at the time of my surgery. I'm only writing this to tell you guys even when you win you lose. Now I've had to get an Attorney to help me with the insurance mess I'm in. So for everyone out there, if you receive Medicare and the date it becomes effective it before you receive the card I hope you don't go through the mess I'm in. Once again I will say it, I now understand why doctors don't want our government running our health care system. I don't understand why something like health care for everyone is so impossible to approve. Yet I'm a living example of how private medical insurance was great and government run health care has been a nightmare. Well I'm not going to sound selfish but I have 2 insurance plans and these doctors need to figure it out. I'm not going to make myself crazy over this anymore. I've tried, nobody at Avmed or Medicare is willing to help. They can keep sending me to collections and sending me bills and I will keep send them back with my insurance information. That's my though for the day. God bless everyone fighting and stay strong.
i was curious.. what types of questions do the judge ask you? I don't remember seeing any comments on that... thanks......
i was curious.. what types of questions do the judge ask you? I don't remember seeing any comments on that... thanks......
@sophialouise I have been to 2 alj hearings as a friend.. Meaning I went to 2 other people's disability hearings.. One was 4 years ago an one was 6 years ago. I remembered the judge asked them several questions.. Some were quite odd.. But some questions are almost always asked but I heard these questions between the 2 hearings. What do you do in a normal days time? What do you do in the morning? Do you make your bed? And if you do make it, is it later in the day? Or right after you wake up? How long can you walk before you have to sit and rest? How long can you stand on your feet? What are your hobbies? What medications are you currently taking? How is your bladder? How often do you pee? ( and yes.. The judge really said pee instead of urinate) then he asked, in an 8 hour work day how many times would you normally pee? Do you use air freshner or potpourri in your home? ( I think they ask this sometimes if the doctor says they can't be around fumes or gases due to poor lung function)
Do you do dishes? How long does it take you? Do you vacuum? Do you cook? What type of foods do you cook and how long does this take you? Do you have friends? How many are close friends? Do you go visit people? If so, how often? Do you have pets? What kind? How do your impairments affect you on a daily basis? Why and how do your impairments affect your ability to work on a daily basis? He also asked the females hearing I went to, do you dye your hair? How often? Do you shave your legs? How often? How long does it take you? ( I think the reason for these type of questions is so he can determine an opinion of how bad the impairments are) there was also other multiple questions. But keep in mind every judge is different and these hearings I attended was over 4 years ago. So the questioning may be different now and every judge and every case will have case specific questions. Some judges might question really thorough.. Some might question with vague yes or no answers. But I've heard they almost always ask about your sitting standing and how long you can do it and your past work, what your duties were and why you cannot do it anymore due to your impairments.. I have also heard judges like complete elaborated answers, again don't take this as legal advice, you should answer the way your attorney tells you to.. An example of what I mean is like this. The judge says how do your bad knee affect your work? A vague less affective answer would be "when I go to work and I walk around for an hour or more my knee hurts really bad" a more elaborate answer would be" judge when I go to work and do my daily job duties my knee begins to swell and throb with a sharp pain , I make it difficult to keep walking and I have to sit down multiple times and let the pain ease up for several minutes before I can resume my work activity, I take Tylenol or any prescribed medicine for my knee pain, but the pain is still so severe that it interferes with my work activity. The knee pain gets pretty extreme sometimes and the excessive sitting down and extra breaks and hurting
Make it hard to focus and concentrate and this effects the quality and pace of
My work" now, that is a very detailed and elaborate answer.. I've heard judges prefer these types of descriptive answers, but again, this is all just opinions of what I've heard and witnessed.. Keep in mind all judges are different and like things in a certain way.. Like our wonderful mascot bogee says!! It's critical to have a local attorney who is framiliar with your local judges and has a rapport and knows thier personality. I agree with this 100% also, be sure to ask your attorney how vague or how elaborated or detailed your answers should be.. I hope this helps.. I'll keep u in prayer and I wish u the best. And I think Gary has a great point too.. Always be positive and look in the mirror 3x a day and say I will be approved. I really did it today! Hope this all helps..
Hi, Purepotential (and all):
Yes, I have heard of Dragon Naturally…or a program similar to it...I have a friend who creates software programs who is designing a complete program system that I can use for everything. I have just about everything computerized in my house. I have several friends who do this type of work (private and government)…they give me prototypes….or programs that will be used in the field…
It is not “venom” as you call it. I consider it reality.
This person, a-nonny-mouse, pops in here to “give advice” but he/she does not really offer us any help! I wonder what his/her denial rate is....
Everything that was written we already know (if you have already applied and done some research, that is!).
I would suggest that anyone contemplating the application process – get an attorney from the very beginning! I believe that an attorney will help! I should have gotten one way back when I first started my “short-term disability” from work. Then I would not be in the position I am currently in. Which is ZERO income coming in at all. Thank God, I thought to pay all my bills a year in advance...I am not sure what I will be doing when the bills come piling in from there....
I have worked for the government or over 20 years (along with several other jobs as a second job), I KNOW how the government drags its’ feet on anything and everything!
No one can “tell” you the complete process that you will go through with the SSDI process – they can only tell you what they've been through and how it was handled (or not).
If you “read” anger and or venom from what I typed, then I typed it incorrectly. My main point was that this person (a-nonny-mouse) was telling us that he/she was an adjuster for the SS office and that he/she had some advice to give….that the SS department really does care.
BUT it has been shown MANY times, that these “adjusters” base their information to approve, deny or even dismiss our SSDI cases on their opinions without even taking into consideration what the physicians send back to them in their findings of the individual people (these are the SS office’s doctors!).
The adjusters base their “findings” on your age, your education, and your work history – I have yet to read anywhere (in this HUB or other places) that the medical information was used. Therefore, anyone who is thinking about the process of being approved or denied SSDI should see that this is based on the adjuster’s opinion.
Yes, I am sure that a-nonny-mouse is a good person.
Nevertheless, this person works for the SSDI that he/she has guidelines to go by when dealing with our cases, and the “findings” are not in favor for us – but for the SS department.
Again, I have worked and paid taxes since I was 15 years old. I paid these taxes in good faith – THINKING that they would be there for me – you know, for the “just in case”… just to get told that I do not “qualify and that the findings are based on age, education, and work history”! No-where in the documents that I have received from the SS department does it say anything about my medical troubles! Nor does it say anything about me being out of work for over a year….because due to their findings I should not be out of work for the complete 12 months. Well, I hate to tell anyone within the SS department – I have been out of work for over a year.
Again, I am going to say – “It is my money and I want it now”….though I hate the commercial...I will say it here again. I paid my taxes in good faith…it should not be this difficult to get the money I paid into this system when I am in dire need of it.
I cannot even go see my doctors for pain medicine because my medical insurance (through work) has been suspended. I was turned away from the ER because they could not do anything to me, because I am "still under a doctors' care".
I do not “qualify” for the state medical insurance BECAUSE I have a 401K, stocks, and bonds…etc.
Here all these years I thought that I was preparing for my retirement by saving monies in these funds…but all it has done was penalize me!
Under a normal 401-k program YOU cannot withdraw the money before your retiring age! You can borrow against it, as long as you pay it back (through your paycheck) and your situation is considered a "hardship". I cannot do that because I do not “draw” a paycheck.
You can get a “hardship” loan – or you can do a “hardship” withdraw – but again that is up to an “adjuster" whether you are really in a “hardship’ or not. I do not qualify for this “hardship” loan or withdraw. I cannot touch this money – again, it is my money!
This makes me wonder what all this saving and investing (and whatever you want to call it!) is all about! Makes me want to re-think it all – and all the advice I have given to my children!!! They see what I am going through…and now they are re-thinking about their investments and saving plans…
I am a very educated person – I hold very good paying jobs – It was Gary who posted he "made $90,000/yr job"…I did not generate this much per year, mine is $80,000/year. I will quote what he typed, “Do you honestly think I wanted to give up my 90,000/yr job to make less than a 1/3 of what I normally do?”
NOW, I will ask the same question: “Do you honestly think I wanted to give up my $80,000/yr job to make less than 1/3 of what I normally do?”
To answer this question:
NO! I love to work! I love my jobs! I work hard! I have my primary job then I have a completely physical job – neither can I do without the usage of my hands and arms…I also suffer from massive migraines. I can have over 15 per month.
No one in their right minds would ever hire a 47-year-old female who will be out of work for 30 + days per year!
No, it does not matter that there is the FMLA rules and regs….they will not hire me!
I cannot perform any type of job – think about it…what do you do that does not include your hands/arms. I cannot even brush my teeth without being in major pain. I had to cut my hair just to be able to wash and comb it. I am unable to lift a gallon of milk. I cannot open the darn jar of peanut butter…no ability to tie my shoes…..just stirring a dish of veggies is beyond my abilities…
One of my jobs requires me to be able to lift 100 lbs. Which I could do IF I were able to use my hands and arms…
Just think of everything you use your hands for …try to do those same things without them!
Now to change the topic!
I found a site that may interest some of you out there. It is a ‘guide” of sorts…here is the name and addy for the site:
“Ultimate Social Security Disability Guide: SSDI, SSI, How to Win, Information”
http://www.ultimatedisabilityguide.com/am_i_disabl
If you want to know what YOUR judges’ decisions were in the past, you should do a web search…this is what I looked up:
“Who are the administrative Law Judges in [type your city, state here] for SSDI?”
When you find the names of the Judges you can then do a more in-depth search on their names, just remember to put in FULL Name of the Judge, Location (city and state), and ODAR Office (which is Office of Disability Adjudication and Review).
With this more in-depth search, you should be able to locate the statistics of how this particular judge ruled on their cases. You might be able to see a “track record” of many previous years too. (THIS NOT IS A GUARENTEE THAT YOU WILL GET THAT JUDGE!).
If you hire an attorney, he/she can find out which judge you will be going in front of – remember that you will not get a hearing date until approximately 20 days BEFORE your hearing date.
You do not want to do anything that your attorney says "NO" to…because it will and can hurt your case. If you have an attorney, make sure you discuss everything you do or have done pertaining to your case with him/her…this way they will not be going into see the judge “handicapped”.
@sophialouise:
If you go to the site above and click on the left hand of the page that says “Disability Hearing”, in the fourth paragraph are some questions that the
OOOPS -- sorry..hit the post comment button before finishing!
Here is the rest...
@sophialouise:
If you go to the site above and click on the left hand of the page that says “Disability Hearing”, in the fourth paragraph are some questions that the judge might ask.
Some of the questions may sound crazy – but the judge will ask them for a reason…and that reason is usually to find out what you are limited to.
PERSONAL update:
I found out today that my hearing date will not be scheduled until July 2012 (about 360 days after applying for the hearing). UNLESS I get in contact with the State Rep…which I plan to have my son take me over to the local office and talk to someone about this process with the SSDI case….I had to wait for my attorney to okay it. So, I will be going in to the local office on Monday…
You all have a good night…
Carrie
@Sophia. The Hearing is very informal. At my Hearing it was my Attorney, The Hearing Judge and me. A speaker was on the table and it was a Social Security doctor and The Vocational Expert. They just listened. The Judge started by asking me about my daily activities, which were very limited due to me being 5 months post back surgery. She asked about my medications and how they affect me. She asked if I need to rest during the day because of the medication and my energy. She asked if I drive. At the time my driving privileges were taken away because of my condition and the medications. She asked if I needed assistance getting dressed and preparing meals. Then she went down the list of my doctors and the treatments they were providing. She asked if the treatment was helping. She did ask how long I can sit, walk and stand. Also how much can I lift and am I under any restrictions. I just answered her questions and my answers were consistent with my medical reports. Her questions lasted less than 10 mins. She than asked my Attorney if she could speak to the doctor and my Attorney agreed. The Doctor was asked over the speaker if he heard my testimony and reviewed my medical file. He said yes. She asked him based on his medical opinion does Bogey meet Social Security's definition of being disabled. He responded yes. She asked under what section and he gave her a list of areas. The Hearing Judge then told the doctor thank you and addressed my Attorney. She asked my Attorney if he would object to her making a ruling and dismissing the Vocational Expert and Doctor. My Attorney said no. The Hearing Judge excused both and made a Bench Ruling, Fully Favorable. The bottom line was all my answers were consistent with all my medical documents. The Hearing Judge asked me to step outside and she spoke to my Attorney. A few moments later my Attorney came out of the room and told me I won my case and the Judge would send me a letter in a few days. In less then a week the letter came and within a couple months I started receiving my monthly checks and Medicare. The lump some took a bit longer. You can go to Social Security's web site or google and type in what to expect on my Social Security Hearing day. Also your Attorney will prepare you. Hope this helps. I was very lucky, Judges rarely make Bench Decisions. I think my Judge and the doctor spoke before the case and she knew the Adjusters screwed me over. It's sad when Social Security's own doctor rated me more disabled at my Hearing then my Attorney asked for and he agreed 100% with my doctors findings, stating I was disabled from the day I was injured. Check out google it has plenty of cases to see. Good luck.
@ carrie - thanks curious, why would you have to ask your lawyer for permission to write your senator and see someone at social security??
@ Bogey and Jamestulsa-
Thank you so much for all the information.. I will have to sit down and study it all now..
but thank you so very much,.,, so much.......
I keep posting questions and comments but have never had a response to anything I post here. I realize that my situation is different from others here, but any kind of response from anyone would make me feel better. I am sure that someone here has had some success in getting disability and I am clueless as to what to expect.
So please someone answer my questions or queries.
Afraid about three weeks ago you posted you received a letter from your Judge and your doctor was going to sign it. You only made a few posts after. Please feel free to ask any question you have. Someone here should have a response. As far as what to expect. Your going to wait months or even longer for your case to be reviewed by Social Security. You can go to Social Security's web site and it explains the entire process. Also it depends on what city/state your in. Some are faster based on the number of cases. What is the status of your case? Your last post you seemed happy it was moving along. We are not legal advisors, we have or are going through the process. It's different for everyone. Some people get approved in a few months, where as my case took over three years. That's a wide range. If you have an Attorney call them and ask them for status updates. You can call Social Security but the will tell you the same thing all the time. Your case is pending. Good luck.
I was thinking, I requested a hearing in June 2011 and my hearing is march 2012 I am really thankful that it was only 9 months.. Some people wait 2 years to get a hearing date. My attorney said people here in Tulsa Oklahoma are getting hearings faster than they have ever seen.. He also said the hearing office has moved through a huge number of stalled cases and backlog
In a short period. To my understanding, this is quite rare compared to the normal hearing office performances. I hope hearing offices all over the country start to process quicker and faster and get people thier benefits...also I was told by a friend that I need to start thinking real positive.. I guess I appear to be focusing on the negatives to my family and friends.. But it's so hard to remain positive... The "what ifs " keep popping up in my mind.. Also the age 31 keeps popping up in my mind..but I gotta try to think positive. It does no good to make your self sick with worry and grief.. Whatever is gonna happen at my hearing is gonna happen whether I worry or not.. I still got about 98 days to go before my hearing.. 3 months seems like 3 years.. But I know it could be worse.. I'll pray for all of us. I wish everyone the best
@ Sophia;
It is not so much as asking permission to write, but just to let my attorney know what I have done.
Since I hired this attorney and she tells me that her job is to do the “leg work” and file all documents pertaining to my case with the SS office that she would prefer that we talk before I submit any thing – request or documents.
Since we talk weekly, it was just something that she asked me to do – allow her to do her job. All documents to and from the SS office is being sent to her. I do get mail from the SS office too (usually before she gets it), but anything she (sends or receives) sends me copies of as well. She is a very hands-on type attorney and so far I am very happy with her.
As a standard practice, she tells me, that she fills out a request for the State Reps – if the case is taking longer than 1 year. She says that my sending letters to the State Rep would be redundant, but I could (if I wanted to) go and talk to the person with whom she has been in contact with (from the State Rep’s office) –yes, it is my local office; which is in the next town over about a 10 minute drive from me.
I guess, bottom line is, that it is considered common courtesy for you and your attorney to talk about what is being done with your case. If you submit documents and she submits documents. Then there may be a greater possibility that something will be lost or misplaced…
Does that make sense?
@afraid888:
I have heard of Binder and Binder – what state do you live in…there may be an office close to you…I have not used them for anything nor have I heard of anyone else ever using them…most of the SS attorneys are about the same – UNLESS you get a lazy one!
About the medical records: If you go to the doctor’s office you could be charged up front for them. If you let your attorney get the copies, then the attorney may attach that “additional costs” to your bill.
I know that my hand specialist requires an up-front payment of $35.00 for any records (or insurance papers to be filled out by them). However, through my attorney it only costs $15.00. I am not sure what the difference is – but there is one.
You may want to talk to your attorney about “additional costs” and find out about what “extras” they charge for. Some attorneys include that in with the case…some do not.
@ Jamestulsa:
Glad to hear that your hearing date is getting closer…3 months..humm what would I do for my case to be at that point! LOL.. I just found out that mine would be sometime in July 2012…could be sooner..but more than likely it will be in July…which is only 6 ½ months away.
WOW – Now that I look at the situation like that, it really is just around the corner. However, when you look at all the bills that are stacking up..it seems like it is 20 years down the road.
@Bogey:
I am glad that you are around; you have answered many of my questions before I could think of them! Sorry that your case has taken 3 years…I hope it will all be taken care of soon!
Carrie
Remember I had stated that I wrote my attorney last week, stating I was unhappy with her services, and debating on whether to dismiss her or not??? well, i had to resend the email the other day... I did get a reply in mail and email.. her excuse was she was sick... i thought, and no one else could of responded in your place???
anyway, she did not give me good news... i am upset over that, as she has not done jack sh**..... excuse me, just tired of ME doing all the work, and I get paid nothing, and she gets paid....
Her response----- You signed a contract.... even if you decide to dismiss us as your rep, and rehire someone else, our fee will still be the same... and that fee is 25 %... Unfortunately there is not alot i can do to speed up a hearing date.. u must be facing eviction, foreclosure, shut off notices, and suicide, or in armed services.... SHE HAD TOLD ME THE SAME THING BACK IN JULY !! AND AUGUST.... !!!
that was about all....so now what ????? she makes me mad.. sorry, but money given to her for a few records does infuriate me.....
Hi all, Due to my inability to pay my bills, I am filing Chapter 7 bankruptcy. Not a bad thing for me,as I can no longer pay my bills. All of my debt, my house ( I no longer live in) will be wiped out. Thanks to all who contribute to this blog. It has inspired me to help others, by sharing what I know. I strongly suggest reading Carrie's blog and visit the ultimate disability link. It can show you how to get a faster decision, get more info. Thanks so much Carrie!
Hi all, Due to my inability to pay my bills, I am filing Chapter 7 bankruptcy. Not a bad thing for me,as I can no longer pay my bills. All of my debt, my house ( I no longer live in) will be wiped out. Thanks to all who contribute to this blog. It has inspired me to help others, by sharing what I know. I strongly suggest reading Carrie's blog and visit the ultimate disability link. It can show you how to get a faster decision, get more info. Thanks so much Carrie!
Sophialouise. I would check with some other Attorneys. I dropped my first Attorney. She can try but you can report her to the Bar in your state after you have a new Attorney. Tell her you want what she said over the phone in writing. Good luck
Thanks to all that responded. I am now waiting for a hearing date. My lawyer sent out letters saying that I meet the requirements of disability. Being that our home is in foreclosure we are hoping for a swift decision.
@ sophialouise
Did you sign a contract? You may need to check it and have an attorney check it to see what your rights are, and if it the language is enforceable.
@ BOGEY AND PUREPOTENTIAL- Yes, I did sign a contract.. she even sent me a copy of it with her letter... and she stated
" even if i dismiss her, and hire someone else, or even rehire her, I will still have to pay her for records they collected(which I knew), and also part of my backpay which is 25 % !!! why would i have to pay her backpay????? if i dismissed her??? She said there fee is based on my past due benefits..... and told me there was nothing for her to do to speed up my hearing date, and to continue contacting my senator...
geesh, i still work for her.. thought she worked for me? and that is my money i worked hard for since 16! I do believe in doing what is right, and I am the one who had no income all year... not them..... i'll check my contract again, but i didn't see anything about dismissal... thanks again for coming to my rescue... :)
Sophialouise if you don't care for your Attorney get rid of her. Let your new Attorney know what she is trying to do with the scare tactics. Social Security pays your Attorney. Your new Attorney will deal with your old Attorney. Bottom line you only get charged 25% or $6,000.00. That's all Social Security gives. Now I hope you didn't give your Attorney your bank account info or the ability to get to your account. Some Attorneys are real trash and will take money from you and because you signed an agreement there is nothing you can do. If your gut tells you don't trust this Attorney then don't. I got rid of my Attorney. Never heard from them again. My new Attorney took care of them. Social Security will deal with your new Attorney. They won't give your old Attorney one penny. Now your new Attorney may work something out but it won't come out of your pocket. Go see another Attorney. You don't trust this person yet your placing your future in her hands.
@ Gary:
Sorry about the Chapter 7 -- though you have said that it is best this way due to your bills. I just hate the thought of you loosing your home.
What is the difference between Chapter 7 and Chapter 13? The only difference that I know is that one is a complete bankruptcy and the other combines all your bills together and you make one monthly payment to someone who "manages" your bill payments...unless I am wrong about that. I don't know anything about either..
I do not own my house. I sold my 1/2 to the ex-hubby when we got a divorce. I am currently renting. With everything going on in my life (money wise) I don't see me being able to purchase a home and will always be renting!
I do know that if you owe student loans they cannot be included with any bankruptcy -- BUT there is now a way to include that too....my student loan advisor was telling me about it. It is only allowed if you are (by law) deemed disabled and unable to return to college...or something like that. She advised me that IF I chose to do a bankruptcy to include it (but only after the SSDI comes through)...I will have to do some research on the subject before going to court to file for bankruptcy.
The website I posted before is a good site! I could not believe that we (my son and I) found it...it really does help!
@ sophialouise:
Bogey is right about your attorney. No matter what the SS office will only pay 25% (up to the $6,000) this is the "rules" of these type cases....again, as Bogey says, get rid of the original attorney -- get a new one...explain to the new one what was going on with the old attorney. Show the new attorney everything that the old one sent to you. You can usually talk with a new attorney in a consultation for free....and that is where you need to bring up about the troubles you are having with the old attorney. The new attorney will tell you then and there if they will help you or not.
If your old attorney is out sick, where are his/her office employees? Who takes care of his/her cases when he/she is away from the office? That really doesn't make sense...to me anyway...something sounds fishy there!
Good luck with everything!
@Carrie D......what is the website you're talking about? I looked through the posts and couldn't find it.
I like your hub.It is very informative.
I like your hub.It is very informative.
To anyone looking for a Social Security Attorney. Be careful, I was tricked into thinking I had to use a group my long term disability insurance refered me to. They didn't do anything for me except have me sign over my life to them. I would get an e-mail from time to time but they did nothing. My local Attorney a former Hearing Judge told me this happens all the time. After I terminated my original Attorney group and signed with my new Attorney he was able to contact all my doctors and sit and speak to me face to face. The group I was originally with was in Boston, I live in Florida. My Attorney explained, the only time I would have seen my Attorney if I didn't change would have been on my Hearing day. Now how could they have prepared my case in an hour before the Hearing? My Attorney was in contact with my doctors, had every update and went over my medical file with me several times to make sure it was up to date. I know my condition was enough but having a Professional Attorney in my local area I believe made a big difference. Choose wisely, the last thing you want is a poor Attorney causing you to lose your case. Good luck.
Thanks Carrie, I do not live in the house I own, so I am willing to let it go. It is just one more stress going away. How ever bad I have it,someone else has it worse. Check with your state and see if you can get rent assistance, they may be able to help. Best of luck, Gary
Hey everyone. Just saying hello.. Still waiting on my hearing in march... Ugh.. I keep everyone in prayer and I hope it goes well for everyone. Stay strong
Oh no.. I just did some deeper research on my particular judge. He has been a judge for 30+ years. Which is okay. The thing that alarms me is that my judge is 69 years old.. An still deciding cases.. When I think of a 69 year old man deciding my case, I keep thinking based on your age, education, and work experience, you are fu**** I don't know... It just seems like I would prefer a female judge , I think a female judge would be more likely to give more weight to your medical records. I think a male judge could base an opinion partially on if they like you or not. I'm not there to make a friend, in there to give testimony and have my medical record tell the story. However when I think of a 69 year old man judging me at 31 years old, my hope kinda sinks... He could be a really kind laid back guy or a real grouchy aggressive type.. His approval rating for this fiscal year which started in sept 2011? He has had 53 cases he approved 31 dismissed a few and denied the rest. So I kinda have some hope. I just feel like an old man will be easier on a female applicant and a female judge will be easier on a male. I know in general this will not always be the case, every judge has a mind of thier own. I just think here this judge is 69 years old working past retirement age.. And here I am 31 and disabled.. It drives me nuts.. The suspense of waiting.. Keep me in prayer.. I really need a miracle
In march.. I have no stable support or family.. My mom and my siblings are all estranged from all of us. We all basically hate each other. It's sad. But we just don't mix well, and we can't make a family work. My brother and sister live 10-12 minutes away in the same city and I haven't spoke to or seen either of them in 7 years. Not even at holidays or anything. But what I'm saying is if I get denied in march, all my assets are gone, I absolutely cannot work, so by April 1st I will literally be living in my car with no support of any family or friends. I have a couple of close friends but they're married with families and they could not take me in. Basically I dont know what I'll do without an approval.. I'm scared to death to be homeless.. Either way im not looking for pity from you guys because you are suffering too.. I just needed to vent a little and elaborate a little more on my situation . It helps me feel better. I'm glad you guys are here. Coming here to vent and ask and reply to questions is a better form of therapy than I get at my mental health clinic.. Again, I'll keep everyone updated and in prayer..
Don't worry about your Judges age. He was an Attorney for many years before he became a Judge. He probably knows your Attorney. If your Attorney has a good reputation and only takes serious cases your Judge will know that. Also, your Judge probably knows your doctors and their reputation. My Attorney told me the first day we met, if my Neurologist is willing to go on record you will win your case. Based on his 30 plus years as a doctor and his reputation. Judges know Social Security Doctors aren't specialist in most cases and they only see you one time. Ask your Attorney if he or she knows your Hearing Judge. My Attorney knew my Judge. He told me she tough but fair. If your medical evidence supports your case and is presented correctly you should be fine. I bet the majority of the dismissed cases were bogus cases to begin with. You will see when you go to your Hearing. A lot of people are fakers. Judges see through them. Ask your Attorney about your Judge. If your Attorney handles a decent amount of cases he or she will know your Judge. Good luck. Don't beat yourself up with the what if possibilities.
Well, I got a notice from SSDI today and they said I am approved for Medical Disability but have not made a decision on NonMedical as yet.They will make a decision "shortly" on that. I don't understand what this means. Should I be happy or not?
Nancy from what I have read in the past, you meet the standard for being disabled. Now they are checking to see if you worked long enough or have earned enough credits to receive a monthly payment. You must work a certain number of years to get SSD. If you have the years required you will begging receiving your check soon. If you have an Attorney they can check for you, also the person who took your case when you filed should know. How many years did you work before you filed? Also did you miss years before you filed? So to answer your question that's what they are checking. You won but they want to make sure you have enough years paid into or credits. It's also on Social Security's web site. Good luck. Let us know.
I worked for 35 years before filing. I would have thought my eligibility would have been the first thing they would have checked but then I don't know much about all of this. Now who tells me how much I will get? They didn't say in the letter. Then it takes about 5 months to start receiving it right? Thanks as always, Bogey.
Once your approved it's about three months. You should have enough credits. How long were you out of work before you applied? Also did your earn any income while you were waiting? They use any little thing to pay you less for your back pay or lump sum. My job for some reason listed me as working one day different than my Social Security Disability date and it caused me a mess. Good luck.
I sit another holdiay waiting for some miracle. My lawyer now wants me to jump through more hoops so he can waik into the hearing and come out triumphant that he did all he could to win the case. I don't know how long I have to wait for the hearing but was told we could speed it up with a foreclosure on the horizon.
Someone help me in my time of need and despair.
@afraid888 if it's any consolation I'll pray for you..
Also I wanted to update everyone, I talked to my actual attorney, not just his secretaries. He said I couldn't have drawn a better judge. He said he is like a sweet old grandpa. Not a cocky aggressive judge like some are. Also he said this particular judge really looks at and goes by medical source statements that your doctor fills out. I have 2 of them. One from physical health and one from mental health. That are both very favorable to me and state that my ability to do work of any kind is severely eroded. The lawyer said I have a very good chance of approval. Especially with this judge. Nothing is guaranteed though. So I won't get my hopes up too high. The lawyer also said I will not be embarrassed to represent you... Your case has strong evidence and recent current medical records. He said he has represented cases with a lot less evidence than mine and he was almost embarrassed to bring it before a judge. He also told me that he has dismissed some clients because they did not have enough evidence and he did not think they were truly disabled. My attorney who is a former social security judge said its very important in any case to be seen by a doctor at least every 60 days. He told me do not o over two months ever without seeing a doctor. He said judges have to look at your conditions and also frequency of visits.. He said any more than 60 days between each visit looks less favorable to you in some ways. I see my medical and psych doctor every month and have for over 2 years. But anyways he says my case looks good and he said he loves this judge I have. This has relieved a lot of my anxieties about the judge.. I hope all goes well.. My hearing is in march. Keep me in prayer! I'll pray for all of u!! Oh and merry christmas
@ dazeeblue: The website is below -- it is a guide of sorts to read...it is a pretty interesting site!
Hi Everyone:
Just wanted to jump in here and say Happy Holidays -- I hope you all enjoy this day!
You all are in my thoughts!
Carrie
Within this site you can locate
Happy Holidays to everyone. Stay strong and positive. Afraid, I feel like we keep telling you to get rid of your attorney and every time you we hear from you your upset with him or her. Get a new Attorney! Start your New Year off with a fresh start. The issues your facing need legal action. I hope you consider this advise. Good luck.
Ya afraid.... Don't f*** around... Excuse the harsh language.. You cannot risk your future and your benefits.. Dont trust your attorney if your not comfortable... If I ever get a un satisfactory feeling with my attorney or anything he does, I will drop him quicker than a hot potato.. Just find a new reputable attorney in your area and send the old attorney a certified letter saying that you are terminating thier representation and finding new representation.. Don't let them possibly ruin your case with poor or sloppy work.. I am very pro active with my lawyer I go to the office bi weekly and I look at my electronic file and I make sure they submitted everything I turned in.. You have to be extrememly detailed and meticulous.. But a good attorney should put you at ease.. Not make you jump through more hoops. Please keep us updated.. And also what are these new hoops to jump through?? I wish u the best..
Hello. Dear Sir Madam
my mother and sister and my sisters young boy have had horrific treatment from sosial servises. Pinoso Alicante. They watched my family go months with very little mony. they had my mother and sister sign forms to get help the first one was for six months but then after that the same forms were being signed by my mother and sister but they were only gettin one months money of two hundred pounds. basicly they watched my mother, sister and nephew go months with out so much as proper food. Sosial servises also are determined to stop my sister from getting minas valia she is a 37 year old woman and she follows my mother every where. she has a feer some thing bad is going to happen to her. This stems from when at the age of three up untill the age of fifteenn she whitnesed my father beating my mother. ath the age of six she was told to see a sphiciatric.. She has been ill ever since a young girl. Sosial servises are stopping her from gettin the help she needs. for an example a good sphiciatrist in elda gave a report my sister could not work again and then stoped my sistrer from seeing him.
what I have written to you now is only scrapping the serface of how bad sosial servises have and still are being.
I hope you can reply.
Yours faithfully
Damon Rose
damonrose76@latinmail.com
tell: 0034 650126251
James my attorney called me 2 weeks ago and said he thought we had an 80 percent chance of winning. He said the judge would look at my case and tell me to be a greeter at Walmart. I can't walk, don't sit for long and use a can 24/. What else do I have to do.
Social Security has rules in place. If your doctors complete your medical reports correctly and your Attorney presents it properly it's very difficult for a Hearing Judge to place you in any type of work. Social Security's rules state, you must be able to work 8 hours a day 40 hours a week. If your mental or physical condition prevent you from this, your disabled. Yes the Vocational Expert will try to place you in a job but, that's why you need a good Attorney and a doctor who is a specialist to support your case. It must be supported by medical facts. @Damon, I'm a bit confused about your situation. If you can tell us what's going on with your situation, I'm sure someone on this Hubpage can provide you with some solutions. Most of us have gone through Social Security's Disability process or are going through it now. When you say Social Services are you referring to Social Security Disability? They have several programs so to direct you we need a little more information.
@ Afraid888
Anyone who said that does not know what a greeter does. I have had time when they come out to me in the handicap cart because they see I am having trouble getting to the door. That is part of their job. They have to be at the door most of the time. When you are a betsy-wetsy doll, needing to go every 10-20 minutes, you cannot be at the door. They also have to move long lines of carts. Have you every tried to move a line of 30-carts? Try it. I found I could not. I tried to think of any job I could do, including a greeter. These are some of the things I found I would need to do as a greeter. I realized that I am the one needing to be greeted, and could not perform the greeter duties. It was very distressing to come to that understanding.
I did my research because I wanted to work, but was unable to find a job that I could do with any reliability. Even stay at home jobs required too much continuous time at a keyboard and an ability to speak upon demand. Those things are presently beyond me.
Something you can do is document your bathroom requirements and why. For example, mine are that I retain water and must take meds to keep me from retaining too much water. I have to go as much as every ten minutes right after I take the med. If I don't take the med, I die within a week to a month. Thus the choice is not mine. Keep a log for a week or so. Bathroom breaks can be a serious problem for an employer and are a factor in any hire.
If you have other factors that adversely affect you. Try to document those to in a separate sheet.
Give these to your lawyer. The lawyer may have other records you can make.
Hope this helps.
Purepotential is correct. Everything needs to be documented and supported by medical reports. I can't stand or sit won't do. You can't sit because your lumbar spine is injured and you had spinal fusion will. You need to change positions every half hour because of an implant in your hip, supported by medical documents is another example. Needing restroom breaks because of bladder conditions is one thing. Having a urologist document you have a nerve condition causing you to have a bladder condition and you take medications for this condition, will also support your case. Every medication has side affects. Some make you sick to your stomach, some tired, some cause blurred vision and some say do not operate a vehicle. List every thing your medications do and make sure your doctors know and document. I've had to change my medications several times because of the affects on me. Everyone is different but, my doctors document everything and it's in my files. I take naps during the day because I can't sleep more than 2 hours without waking up. I take sleeping medication but, 2 hours is all I get. That being said, getting up every 2 hours makes it difficult to function during the day. My pain medications during the day knock me out. At night it keeps me up. Go figure that out. Also sleeping disorders are part of my medical condition as a result of my spinal injury. Like Habee says, if your doctors don't write it down, it's like it never happened. Good luck.
Hello everyone.. Just saying hello... Hope all is well... I'm dying waiting... I can not stand it. I'm ready for my hearing. Also, did any of you have medical source statements or rfc forms filled out by your doctor?? The forms ask about standing sitting pulling pushing and how long you can do all of it..there is also mental health ones that ask about your ability to interact with public and supervisors etc... If any of you had these filled out and they were at your hearing.. Did the judge give them much weight? Did the judge specifically mention the forms? Or mention your doctors medical opinion evidence? I'm just wondering because I have 2 favorable medical source statements and I wanna know if they are a real key piece of evidence in a case
Thanks!
@James. My Attorney took a sworn deposition instead of using a RFC form. He told me it's his opinion that a Hearing Judge reading a sworn of the same questions holds more weight over a form filled out by my doctor. My Attorney was a former Judge so he knew what questions Hearing Judfes want and which questions have more weight concerning the Social Security Disability definition. I put my faith in his decision and it paid off. My Attorney told me only a few Attorneys do this but, after reading the deposition and seeing the RFC form it made sence. He asked the questions from the form plus added his questions. Doctors don't always have the best hand writing so this just made it easy for the Hearing Judge. Attorneys have there own style. I think my Attorney's back ground as a former Judge was a plus because he knew how to prepare my case the way my Hearing Judge wanted it. I will tell you, my Hearing Judge read everything in my file. She knew my answers were consistent with all my medical records. I feel her being trough and my Attorney being organized was a big plus. I've mentioned it before, my Hearing didn't last 10 mins. I think my Judge read my file and went over it with the Social Security doctor before my Hearing. She just wanted to see if I was truly as disabled as my records stated. She saw me and believed I was honest because I didn't exaggerate my condition. She made a fully variable bench decision on the day of my Hearing. That's very rare. My advise is go over everything with your Attorney and let your medical documents speak for you. The Hearing Judge will have some questions but, if your medical documents are consistent and support your condition your Hearing will be fine. To many people go before Hearing Judges and over due it. We have good days and bad days. You can do some things and there are things you can't. Remember, these Judges see all types of disabilities. They know what most conditions limit you to. They also have a group of doctors they refer to. The doctors Social Security send you to hold very little weight at your Hearing. Your doctors and the Hearing Judges doctors hold much more weight. This is why so many cases get approved at the Hearing level. Hope this helps, stay positive and good luck. I know it get worse the closer you get to your Hearing. Have faith in your Attorney and doctors.
@James. My spelling was a bit off. I was trying to spell Judge and thorough. Sorry. Spell check on my I-Pad is tough with a small screen. Good luck again.
Wish everyone a Happy New Year. My 2012, bring you health and happiness. I know these are difficult times for everyone on this page. Try to stay positive and hopefully 2012, will bring good things to all. Believe me, winning your Disability Case doesn't make you health issues go away but it does take some stress away. Good luck to everyone and have a safe and Happy New Year.
I just recently was awarded SSDI after my first attempt. My suggestion is to read up on all the GRID requirements and have your MD fill in the capacity form. You can download the form off the computer. Most people have to wait 2-3 years but you can have your case ready by filling in all the paper work and submitting any records to your "adjustor." I think the adjusters are just going off of a formula. If they can reject you they will but you can make it harder for them by knowing the formula. The good news is once you are accepted at least the paper chase is over for a while. Sorry for all the good people who have become disabled and have to work thru the nightmare of our social security system. I contributed for 40 years into a system that just wants to keep me working until I am 75!! That is so they do not have to pay out benefits and hopefully you will kick off before you can collect. Since the politicians have spent all the SSI money that comes in of course they do not want you to collect! Keep on being persistent and have a lot of patience. Remember it is their job to deny you.
Best of Luck on the New Year....
Does anyone know anything about a ticket to work program?
Thank you so much for making the forum, I am a 41 year old female from Missouri that applied for SS benefits in October, 2010, I was quickly denied in December 2010, I hired a lawyer that only does Disability claims, several months later I got a court hearing in front of a ALJ in September 2011, by the middle of October 2011 I got denied by the ALJ, so my lawyer sent out a request for review with the appeals council, which they say can take 2 months to 2 years to either deny or approve me. This is very frustrating because when I went in front of the ALJ judge my lawyer was very confident that he would approve me, my own lawyer was shocked with my illnesses, especially with my heart problems, when I was 37 years I had to stents put in my heart, I had a 99.9% blockage in my LAD, which doctor calls this blockage the Widow Maker, everyone kept telling me that I was to young to have stents, but unfortunately this heart disease is hereditary, I found out that I have Coronary Heart Disease, which I am tired all the time, if I get upset or stressed I cause myself to have severe chest pains, I have SOB, High Blood Pressure, high cholesterol, I have had 2 back surgery's my first a ruputure disc L3, second one was my ruputred L4, and then I was suppose to have a 3rd back surgery for my L5, but couldn't have it because lack of money, I recently was diagnosed with Bipolar because I am a manic depressant, I have edema in my legs because of my heart condition, I also I have carpal tunnel syndrome in my hands which go numb all the time because of my last occupation. When I recieved my unfavorable from the ALJ and they give you the findings of fact and conclusions of law, it said 1. that I meet the insured status requirements of the social security, 2, that I had not engaged in substantial gainful activity 3. that I had the following severe impairments: status-post two back surgeries, degenerative disc disease of the lumbar spine, herniated disc, status-post two stents, coronary artery disease, and I am obese. Stage 4 it says that I do not have an impairment or combination of impairments that meets or medically equals the severity of one of the listed impairments, but then it says that is says the claimant has "severe" physical impairments within the meaning of the applicalbe regulation, but these impairments do not meet or medically equal any of the listed impairments. Stage 5 is where the judge careful consideration of my entire record, that he finds that I have the residual functional capacity to perform the full range of sedentary work. Its funny that My own dr. noted in my file that diagnosed me with a herniated disc and degenerative disease, and my dr. opined that I should avoid prolonged sitting or driving, and no bending, pushing, puling or lifting. then in July 2008 I was 37 had I cardiac catheterization and cornary angigrapy, where I recieved 2 stents and was diagnosed with coronary artery disease, with a a left ejection fraction of 70%, 2 years later I went to the ER with chest pains and had a ejection fraction of 60%, in 2 years already down 10%, and then I was diagnosed with acute coronary syndrome, I went thru another cardiac catheterization that revealed a left ventriclar ejection fraction of 55%
Then the judge wrote in my file taht considering the evidence of record, that he finds that my medically determinable impairments could reasonable be expected to produce the alleged symptoms, but that my statements concerning the intensity, persistence and limiting effects of these symptoms are generally not fully credible/. (This made me so mad, because that judge has no clue what kind of pain I am in) Plus the judge also said I was not crediable because I had quit taking my Lipitor for awhile and I quit taken my Imdur, for one the judge did not ask why I stopped taken these meds for a bit, the Lipitor I could not afford, the dr. prescribed 80 mg of lipitor, along lipitor at 20mg a day runs 140.00 for 30 days of pills, plus with me taken 75 mg Plavix, I could not afford the meds. which I get these meds thru the pharmsical companies now. What I am wondering is how long does it take for a appeal court to give you a answer, I am so stressed because my husband is only bringing a little bit of money a month and he struggles doing that. I have read a lot of these questions and answers on this forum. If someone could just give a heads up on my situation, I would really appreciate it.
My case only made it to the Hearing Level. That took me over three years. I have no information on the time it takes for appeals. Sorry.
Hi. Unfortunately, I don't know either in appeals council timelines.. I'm about to have my first alj hearing in late march and I am afraid of denial... Even with supporting records and medical evidence, I have still seen people get denied.. I think every case is different and it all depends on your judge, lawyer, how your case is presented and whatever mood the judge is in..good luck to you
Hello, My husband was injured 7-29-11. Life flight life support. 5 broken ribs,broken collar bone required surgery has plate in. Moderate brain trauma. His brain sheared where the top 2 lobes join with brain bleed's and left partial damage. his left vocal cord is paralyzed. and the back of the throat does not work right. which causes some trouble swallowing and his voice does not last long. he will be 55yrs old on in 5 days. he is fully paid in to ssd
long story short, on oct 25 2011 We applyed for ssd. I hired A ssd attorney for the original ap. because his employer of 16 yrs continued to pay him until november 30 even tho he did not work at all.
Today A letter arrived from SSD for A phycologist appointment on Jan 19th.
Is this normal ? He has A brain injury not A phycologist proublem. Yet on the phone SSD says he will be approved or this will be the only Dr appointment he will be approved. ADVICE PLEASE ! I am worried
@Mistbhaven. Social Security can send you or your husband in this case to any doctor they want. I'm glad you have a Social Security Attorney. Remember the people who work for Social Security are not your friends. They will tell you anything they think you want to hear over the phone or in person. Your just another case number. They different types of doctors they use are so they can deni your case. A physiologist may say even though your husband is physically disabled he can sit at a desk and type. It's just a game to them. Talk to your Attorney. He or she is going to want to know what questions were asked. Good luck.
Hi bogee and everybody. I just wanted to stop In and say hey.. I doing a little better as far as not obsessing on my hearing date.. There for a few weeks it consumed my mind 24/7 it was all I could think about an I thought it was so far away.. Here it is strolling right into January and the holidays are gone so the govt is back up and running. I had my hearing date a few days off.. My hearing is at march 23rd at 10 am... Also I live downtown so the hearing office is about 11 blocks from my home. Now that January is here I feel like phew... What a relief... March will be here before I know it.. It seems like te days are moving a little faster.. I'm going to get another set of rfc forms and some opinion evidence of my work capacity so that I can present a more current rfc picture. My last ones were fille out in early November. I figure with another set of the same forms filled out 4 months later with worsening or no improvement this will help show a timeline or duration of symptoms. Long term medical records are so important especially for younger people. They love to say although your impairments are severe, we do not expect your conditions to last 12 consecutive months... I don't want to be that person who receives that letter. I'm trying to have all my bases covered but my attorney say my case is strong and ready for hearing.. So I'm jus relaxing a little bit and trying to not stress.. Worrying will no change the outcome of the hearing.. So I'll keep all in prayer and keep me in prayer.. I'll continue to check in every couple days and answer questions if I can, and when my hearing comes in march I'll come right home and tell all of you the whole experience from beginning to end.. I find details of people's hearings very interesting because they can differ so much and every hearing can be different.. I wish everyone luck.. Glad to see u all here!!
Thank you Bogey , A letter came from the attorney today stateing to call after the appointment to let her know how it goes. Will the Dr just ask questions or give like written test ? If any one knows. I try to not worry. Life is difficult just learning A new dance in life with my husband's many changes. Brain trauma is hard to understand his litterly tore . I would of thought all the medical records should of been engough but the man at SSD says this is the standard . UGH
I am still waiting to hear if I will get a hearing before a judge. With all the problems I am facing now and I have to tell my doctor that the pain is worse now. He wants me to do pain management. All they will do is dispense more narcotics. Its the beginning of the year and still no light at the end of the tunnel
Happy New Year to all.
@James. Hang in there. I know exactly how you feel. The closer you get the more anxious you become. Trust your Attorney and Doctors. I will pray for you. @Mistbhaven. My Social Security Doctor appointment was just like seeing your family doctor. I filled out forms like a new patient, The Doctor did a basic exam and asked me some questions. I brought a file with all my Doctors names, reports, MRIs, X-Rays, list of my medications. The Doctor spent more time making copies of my file then examining me. The questions were basic. What's your day like, do you drive, cook, care for yourself, ect... I was approved by Social Security's Doctor, my case was denied by an adjuster from another state. @Afraid. Just do what your doctors want. The last thing you need is someone at Social Security thinking your not disabled because your not following up with your doctors. Good luck.
Hey everyone! This is my first post, but there is so much good information here!!! So, here I am. I was diagnosed with Mulitple Sclerosis about 6 years ago... It started off, well, not so bad. The symptoms were very far and few. As the years have gone by, it has progressed. Now, I experience pain EVERY DAY! Some days aren't too bad, but other days, I could just stay in bed and do nothing (not that it helps).
I live in Alabama and I've been teaching for 10 years in our public school in town. My doctor wrote a letter to my superintendent and principal, trying to get me out of the classroom, but, of course, there was no money and no position available. I've had my rehabilitaion therapist and my vocational therapist come to the school, allso trying to assist me... So, it looks like this is going to be my last year. Bittersweet emotions!
I wanted to be a teacher since I was 8! I received a scholarship to Troy University, got my BS and went back to get my MS... Disability is not something I want, but it's getting to where I just don't know how long I can make it!
I've cried; I've yelled; I've been mad; I've prayed! I'm to the point to where I realize that I've got to do what is BEST for ME and my family. I want to be able to play with my two little girls (6 and 4). I want to do stuff with them - go on field trips, watch the ballet plays, go to movies... But I know that I have to take care of myself.
Currently, I am still teaching. I have to fill out my "Intent Form" in April. It's going to be hard. I cry almost every time I think about it (like now). But I know I've got to do this!
Now, here are my questions to anyone out there:
When can I file for disablility? (Remember, I'm still working! My last day is June 1)
If I have ALL the documents that I need, what is the likelyhood I will be turned down?
I have short term and long term disability insurance. Can I receive that will waiting?
O.K... I thank you all for reading, listening, and helping! I pray that all of you have a rested and painless day!
@Mrs.G. You need to be out of work for six months and your condition must be expected to last more than 12 months. Your short term insurance (STI) and long term insurance (LTI) won't effect your status however, some insurance companies have rules that if your found disabled by Social Security you have to pay them back. You need to check your policy. Also some STI and LTI companies make you apply for Social Security Disability when you apply for your insurance. I was receiving long term disability insurance while waiting for my Disability Hearing. Becarful, some of the STI and LTI companies refer you to Disability Attorneys if you denied. These Attorneys have your insurance company's interest first. They are more concerned with recovery money for your insurance then helping you. You don't have to use them. Your STI and LTI make you feel like you do but you can chose your own Attorney. I suggest you use a Social Security Attorney from your city/state. These insurance companies use Attorneys from all over the country and if you need a Social Security Attorney you want one from your area. As far as your chances of winning your case it's very hard to give you an answer. Nation wide 7% win on the first try, 13% win at the reconsideration level and 50% at the hearing level. There are many reasons for this. Your age, education and the state you live in. Check out Social Security's web site. The site has a list of impairments that automatically qualify you but, it's not that easy. Social Security will try to find different jobs or claim your condition isn't severe enough. Just start a file with all your medical records, talk to your doctor and make sure he or she supports your disabled from performing any type of work. Also make sure your doctor is a specialist in dealing with your condition. Just follow Habee's information at the top and check the web site. Also, let us know a bit more about you. Your age and what your limits are per your doctor? Have you had surgery or do you require it? Not sure if your condition is part of Social Security's list of impairments but, there are many disabilities that aren't yet, still get approval. Again good luck hopefully someone on this site can add to my advise. One last thing since your still working. You should also call Social Security or visit the web site to see when you should begin the process. You want to file ASAP reference how long it takes.
Thank you for the educational article. My husband is in the first stage of the appeal process right now. He is bi-polar, and has several knee issues, and takes tons of medication for pain and depression. We were very surprised he was turned down, as we documented well, as did his doctors, that all of his meds cause lethargy and make it impossible for him drive safely and function as a "normal" person would. Fingers crossed this first appeal passes, we really need the money since he has been unable to hold down a job. He does have a disability lawyer, so hopefully that will work.
@Jennjenn. Sorry your husband was denied. From your photo you look under 50 and your husband is probably under 50. Unfortunately with Social Security age plays a big part in determining if your disabled. It shouldn't and it's wrong but Social Security does it because they hope people who get turned down will be so desperate they will go back to work when they shouldn't. Is he in The Reconsideration level? Also have you found a Social Security Attorney in your city/state? I would suggest you start a file and keep copies of EVERYTHING! All the parer work you fill out for Social Security. If you talk over the phone, write down the date and time as well as the name of the person you spoke to. As far as your husbannds medical information, get copies of every doctor visit and the doctor's reports. A list of his medications and how it effects him. Any surgeries, MRIs, therapy and what are his physical and mental limits. You must make sure the doctors document it. Doctors are busy and they may say something during your exam but for get to document it in your husbands file. That's why getting the records and reading them is so important. Also, medication effects everyone different. Make sure every thing is mentioned. I'm sure your husband it just another victim in Social Security's messed up system. Good luck to both of you.
Hi all, Happy New Year! On Christmas eve, I was admitted to the hospital with major confusion, and I could not speak. I was released 2 days later, given no meds, and had to be readmitted the next day. I found out that my HepC had caused a build up of ammonia in my blood stream, and if it went up to my brain, I could die, I almost did! I am now in stage 3 of liver disease, and have informed my disability attorney, to get my hearing expedited. If you are no longer insured, I suggest you contact your county for assistance. I hope the helped you, It saved my life!
@Bogey,
Thanks for your advise... Luckily my doctor is a specialist and she is the 2nd doctor I've been too. She tried to get me to file disability last year, but I explained to her that I would be vested with the state if I could just finish this year! Her first option was to get me out of the classroom. When she wrote the letter, my superintendent quickly let me know that there was no positions available and that was going to have to remain in the classroom. So I begged her to let me finish the year. She wanted accomodations, which the school system has poorly met. I was under the impression that "reasonable accomodations" was something that was required by law! I know that I am covered by the ADA, so I'm wondering if I should get others involoved!?
Anyway, the info that you provided was very useful. Thanks again!
Is anyone here from PA. I am wondering how.long I have to wait for a hearing. Thank You
I am PA, but I did not have a hearing. I was accepted this Dec and am just starting to get checks. I was one of the lucky ones that was accepted in first submittal. I was heavily disabled, and most thought "it was obvious" as they said. But I am late 50's and am just getting able to walk on cane after one year. I can help on local PA resources, if needed.
Thanks, I am waiting on a hearing date. My lawyer told me that now we have a special circumstance I was told we could get an expedited hearing, but nothing is happening. Am I being unreslistic
@Affraid. Every state is different. Some have a waiting period of 18 months for a Hearing Date. Some are shorter. Your Attorney should know how long the average waiting period is for you city/state. If your Attorney is a local Attorney he or she can give you a time frame for most Hearing Dates. In my case my Attorney told me the first day we met I was looking at an 18 month wait. Some of the people on this Hubpage, have been able to write letters to there congress person and get help moving up the date. I tried in Florida and didn't get any help. Even though it's a Federal system, each city/state is different due to the volume of cases and population of each region. Sorry I don't have an answer, maybe someone does. If you go back on this page I remember someone writing about getting their case moved up. I just don't remember when it was posted. Good luck. The waiting is tough not knowing is even tougher. @Puerpotential. Sorry your in our situation as far as health. You were lucky to get approved on the first try. That being said your age probably played a big part in your case moving so quick. Sad when being disabled has age limits. I was only 41, when I became disabled. My Attorney a Former Judge told me it was my gar not my condition. Sad part Social Security even wrote on my denil
Denial letter that I was young enough to find another type of work. Sorry I had to add to my response hit the post button by mistake. Good luck to everyone.
Do they consider people who suffer from Agoraphobia, Severe Anxiety/w panic disorder a disability?
@Dawn. You can go on Social Security's web site and see all the conditions. They have a list of impairments. Also check with a local Security Security Attorney. He or she may have information about your condition or list of conditions that can be covered with the proper documentation. There are many conditions alone that don't make a person disabled yet if you combine the condition, medication and effects of the medication a person may not be able to work an 8 hour day 40 hours a week. Just do your homework and resources. Good luck.
@dawn
Yes panic attacks with agoraphobia has a specific listing. This listing is part of my impairments on my application. Google social security listing 12.06 that is the listing or panic attack with agoraphobia. My doctor wrote a letter explaining how I meet parts a,b, and c. Among other mental health and medical issues, I hope I win at my hearing. I have a hearing in late march. I think it will be here before I know it... I'm praying for a miracle. But anyways I hope this info helps. Also @ everyone else.. Hello!!
i am going to be off work for 2 wks due to surgery,can i claim disability and would i get paid for the whole 2wks.
@Claire. In order to qualify for Social Security you must be out of work 6 months and your injury is expected to keep you from doing any type of work for 12 months. People who haven't been able to work due to phycical disabilities for years get turned down so I'm pretty sure 2 weeks won't get you very far. I'm no expert, just a person who fought Social Security Disability. You can always contact your local office or check out the Social Security web site. Good luck with your surgery and situation.
Still waiting! It's been a month since I received the letter saying I had been approved for medical disability and that they would be making a decision on the non medical side "soon". I was an RN for 30 years and they have the records to prove it. Shouldn't you be "approved" on that basis before you jump on the roller coaster? The wheels grind slowly.... Anyone else have this happen?
@Aunt Louise. Yes! I was approved on August 19, 2010. I became disable on June 12, 2007, and Social Security sent me my approval letter in August 2010, but, I didn't receive anything from Social Securuty until October 2010. Every time I called they would tell me my status is pending, even though I had my approval letter. From what I found out is they check to see if you received workers comp or any work related disability insurance before they release your money. Also they pay your Attorney before you receive any money. So if you have an Attorney, call them. Once they get paid you will start receiving your monthly check, then Social Security will call you for an office visit and release your lump sum. Your Medicae parts A&B will also come if you have waited longer then 2 years or after 2 years of being disabled. It depends how far back they go. My judge went back over 3 years, so I automatically qualified for Medicare. Hope that helps. I live in a slow state I hope yours is quicker.
The Dr appointment lasted just shy of 4 hours. From what Hubby could remember there were several history questions, 2 math and A lot of the same type of test he did in therapy. Lots of short stories to check recall ability. I called the attorney as instructed to tell her what questions were asked. The SS adjucator told me to write him A letter requesting copy of the Dr report. I am mailing it tomorrow. Fingers crossed. Hubby turned 55 in January so hoping for A approval. I will post how it goes
Just wanted to say hello and thank everyone for this wonderful post which has helped educate me. I'm 40 yrs old and have been a dog groomer all my life....working from home for the last 12yrs. I've always been a healthy active person. Two and a half yrs ago I was a passenger in a bad car accident (caused by the other driver)and although I had nothing show up on xrays at the emergency room that day, I immediately started experiences MAJOR pain in my neck, back, shoulder, along with loss of sensation in my extremities and serious migraines. I was told I would feel worse before I felt better so i dealt with things for a few weeks....finally I broke down and went to see a doctor (I also have no health insurance which was one reason why I waited). MRI showed 3 ruptured discs twisted in my spinal cord.....things moved rather quickly and I was in surgery for a 3 level spinal fusion within a month. I had hoped the surgery would have fixed my troubles.......but things actually have been worse. I can barely groom even a third of the dogs I used to be able to and recently it's become more difficult to even work a few hours a week. If I sit too long the pain is intense...if I stand too long the same thing. My migraines are debilitating, I never sleep well, my concentration is terrible, and saying that my mood has changed in an understatement. My relationship of 10yrs ended (not solely accident/stress related)and I had to start life over last year from ground zero with a few dollars to get me into a rental. There is no common law marriage in the state of MD and the home we lived in which I paid towards mortgage each mother, took care of etc. was in his name so when he hooked up with his old HS sweetheart he met reconnected with on Facebook.....I was told to leave. Anyway, I was working less and less and unsure what to do when someone suggested I apply for disability as my condition worsens and it's becoming more and more difficult as each day passes. I have relied on friends and some family for help financially but these have been "loans" and I'm now in a bind to say the least. I applied for disability but did tell them I was able to work a few hours a week. I have had people tell me that was the worst thing to say to them.......funny me, I'm an honest person and suck at lying but am hearing that being honest won't get me anywhere. So sad. I was sent for a physical exam....a mental exam, and it's now been 7 months since I applied and have heard nothing. I call my case worker and she just tells me things are in process. is the the "norm"? I'm already setting myself up for the denial as so many people tell me that if you are able to work even a few hrs that you won't receive any benefits. But that has actually changed recently as my symptoms progressively get worse with each passing week. Well, I guess this was more a gripe session than anything but any advice would be appreciated.
Okay I am stuck and I am not sure what to do. Let me explain. I was diagnosed with bipolar disorder when I was an adolescent. I have old documentation of hospitalization, learning problems, etc. all the way up to the age of 17. Never finished school and I ran away when I was 17 1/2 from my adoptive parents and lived on the street for more than a year. I have struggled to keep a job my whole life. Always getting fired or quit because I couldn't handle it. Since 18 years old till now I have had no documentation of my constant disability to keep a job, mental and emotional break downs etc. I just got the paper work recently to fill out but I am afraid to move forward because I am so poor that any job I can find right now I am literally forced to take because otherwise I don't eat and can't live. I am afraid that they will turn around and say oh but you can work. No, it's not that I don't want to work, it's that I am forced to work....I have no choice. Someone please give me some advice....I have the paper work to fill out but I am afraid of being turned down.
@Lisa. Read Social Security's web site. It explains a lot of the rules. I can tell you, even if you found disabled you can still work a few hours a week. Social Security's rules state you must be able to work 8 hours a day 40 hours a week. If your disability prevents you, your disabled. As far as the slow process, it is very slow. Every state/city is different but it's a long process unless you get approved at the first stage. Good luck. @Sonya. Without medical documents supporting your disability it's going to be tough. Try to check out Social Security's web site and see what other programs they may offer.
Hi Aunt Louise, I too worked in medicine, I was diagnosed in 1985 with non A non B hepatitis. In 2001 I was diagnosed with HIV, and a T-cell count of 178. My condition has worsened significantly since 8/31/2010. I am a registered MRI, X-ray, and Nuclear Medicine tech, mostly doing MRI since 1987. SSA denied my claim even though I had all of my paperowrk, CT, and MRI results submitted, and had a CE evaluation. Each one took about 15 min. I was denied because they said my condition did not prevent me from working, Really? I am down to 140 lbs, can lift about 8 lbs, and have the attention span of about 20 minutes. I have hepatic and HIV related encephalopathy, daily cognitive impairments, as well as daily incoherence. I cannot drive, or take public transportation, because I get lost. I don't have the dexterity to start IV's, anymore and feel sick all of the time. I am glad, however that you were approved. I am going to fight this decision, if it takes the rest of my life. I wish you all well, and don't give up!! God bless you all! :)
Thanks Bogey and Gary for your responses. Gary, you hang in there and if you haven't read Bogey's original posts go back and do so. They are a real testimony in being determined. You have a lot to live with on a daily basis and just getting disability is not going to be the answer to our problems but they just might let you breathe a little easier on a daily basis. I can't understand why you were not approved especially with the documentation.Did any of your doctors write a letter on your behalf? Maybe it's time to get a lawyer. Just don't give up. Lord bless you too,Gary.
@Gary. How old are you? If your under 50, Social Security denies the majority of cases. Get all your medical records put them in a file. Talk to the doctor who has treated you for the majority of your health issues and knows and understands your condition. Make sure he or she is willing to support your disability and you not being able to work 8 hours a day 40 hours a week. With your records and doctors support, find a local Social Security Attorney. Disability has many definitions. Social Security's expectations are high yet you must be able to work 8 hours a day 40 hours a week or your disabled. A good Attorney has a much better chance at a hearing deleting the unreal jobs Adjusters and Vocational Experts think you can still do. When your doctor presents medical evidence about your condition, medication, physical limitations and mental limitations you have a much better chance of winning your case. Remember 50 percent win at the hearing level. That number would be higher if so many people didn't give up. Good luck, stay strong and don't give up.
I want to know if anyone is going to therapy becddause tout lawyer said you should. I am very confused about everything and I do not have any idea what I should be doing or saying. Myfamily makes me feel like I am crazy and unable to make decisions. What would someone suggest for me.
@Affraid. If your Attorney wants you to see a therapist you should go. Have you seen your Attorney? If so, your Attorney is probably looking out for you. Listen to your Attorney.
I know first hand how tough it is to get thru the system. It took me 28 months to finally win my case and that was after I had a video hearing. I had 3 back surgeons reports, numerous mri's,ct scans, my psycholgist and psychiatrist,and 2 orthopedic surgeons reports showing the surgeries I had, the depression I suffer and lack of mobility and loss of one eye due to an accident that was not my fault and yet I kept being turned down. It took my attorney breaking me down crying on the camera to show that how bad I am effected by my disability. The judge then declared me disabled. I had my shoulder partially replaced and can't raise it now. I have had back surgery 2 times with fusion once and need a wheelchair for distances over a 150 feet. I have no right eye. I suffer from severe chronic pain and my right leg down to the foot is numb to the touch. I also suffer from depression and anxiety also. The previous items I just mentioned were also known to the Social Security people as they dragged out my claim. I am now fighting workers comp who I have to proof again to that I am disabled to get permanent disability from them. What a joke.
Thanks for the advice Bogey. The only problem I have with going to a therapist is that I can't sit for very long and it would be torture to sit at the place and wait for someone to see me. I have told my Attorney about this and he still does not understand.
@Disabled Trucker. I am sorry for what you went through and are still going through. I battled for over three years. Even when you win you still lose. Money doesn't make your health any better. I have a dying fermur, a rod holding my leg together and my spine fused from L2-S-1. Dead left leg and live on medication. Social Security does not care. Your just a number. My Hearing Judge apologized to me at my hearing. It's sad. I wish you the best, stay strong. @Afraid. You do what you can. If you need to stand up and take 20 breaks because of pain, do it. I could barley sit through my hearing. I asked my Hearing Judge if I could stand because of the pain of the chair I was in. She allowed me to and had a chair from her office brought in for me. The last thing you want is to say I can't sit 10 mins and sit for 2 hours with a doctor. Good luck.
Thank you Bogie and Aunt Louise. SSA sent me another activity report, a 3rd party report, and a physician report. In it he says I have end-stage liver disease. I have also notified my attorney. God watches over us all, so I am not worried. Shame on those who don't listen when we say that we are disabled, they are not capable of putting them selves in our shoes. I think that SSA disability needs an overhaul, a major one.
Hey everyone well here is an update: My husband finally started to receive his SS. My son on the other hand was suppose to get a lump settlement and has not received it. Every time we called they would say it was pending and the last time they said it was in Baltimore. What a bunch of idiots I tell you. I called Baltimore they never received it. When my son applied my husband had to write a statement that my son was under 18 at the time and give them a birth certificate. We did all of that. So when I called the local branch and talked to the manager she said they could not find that statement (that was hand carried in by the way). The person with the case has had it sitting on her desk for the last couple of months, never contacted us for anything. We had to send another statement to them and I was told they would put a rush on it haha. This just proves that you need to keep calling even though they lie and say it's pending. Do not take their word for it because you could be waiting forever because one person is so lazy they couldn't take the extra step and admit they lost your paperwork once again. There should be a requirement that all SS workers go through extensive training and some sort of test that they are competent.
@Gary. I've said it over and over. Social Security doesn't care about people. Were just a number and a file. Stay strong. @IB. Just wait. Once they figure everything out and get it correct you will be responsible for you child. Even though your husband is disabled, the mother is the person Social Security deals with not the father. It never ends. Good luck.
Hello everybody. I'm still here just wanted to say hi and check in! Bogey and Gary I'm always glad to see you here. I will keep all in prayer and I'll continue to update as my march hearing is quickly approaching.. I love this forum. I come here for strength, guidance, understanding and happiness.. Because I know we are all linked by this same plague of ss battles.. I hope the system gets a major overhaul and people who are disabled can get benefits easier.. People waiting and fighting 2 , 3 , even 4 or more years for benefits.. It's just a disgusting failure of our govt. the fact alone that someone fights for several years broke with no money should show them.. This person obviously cannot work or they would.. Nobody would choose to be broke.. Sometimes I have to go to churches for food.. I am so sick of eating beans noodles and rice and peanut butter and people's old expired canned food. The system really need an overhaul. But I'm just gonna stay positive and pray for others and try to make it. I hope my fight is over soon. Also if anyone likes prayer or believes in prayer, you can google prayer requests. I put
My name and soc sec situation and hearing into several prayer circles. So I could now have hundreds praying for me and my case...it definetly can't hurt anything. And also , here in Oklahoma we have had beautiful mild weather.. Afternoons around 70. Degrees.. It don't get any better in January.. I hope everyone is doing ok.. And I'll continue to check in through my process and after it too..thanks everyone
Hi I just wanted to say that if anybody that does have problems sitting for any length of time do ask for breaks to get up during the hearing as I did. This has been mentioned The judge will notice things like this. My claim was assigned to Boston and I live in Ohio. I am glad for this because they were sending them to a judge in Indiana who was denying almost everyone.A friend of mine died of cancer and he was denied after waiting 3 years and being denied by him. Another man I know his wife died while waiting nearly 3andhalf years only to be turned down by him. She passed away two weeks later. This judge has no compassion at all.My own lawyer told me to be thankful not to get him.
@Disabled Trucker. You are correct. Everything is a test. If you say you can't sit, walk or stand for certain amounts of time and you go to their doctor or hearing, they are documenting what you did. They WILL write down you did what you say you can't do and they document it. Being honest and realalistic will make your case stronger. Everyone has good days and bad days. Tell them. If you need a break, ask to take one. Let them know what medication your on during your appointments. All these things justify what your saying and able to do on that day. If you go to any doctor and say I can't do anything and everyday is bad, they are not going to believe you. Trust me. I have 9 doctors and they all say the same thing. Pain levels change. You have good days and bad days. You just have to prove you don't have 8 hours a day 40 hours of ability to be found disabled. Good luck.
I have a question please. What do you do if you have been approved for limited disability and then you find out you have another problem on the adult list that there is no way to help it not even surgery and have had it a long time. Have not yet received any compenstation from SSDI not do I expect to for a while. Should I appeal the first decision in light of this new problem that my old doctor ignored, did not even suggest a simple xray when I mentioned the problem to him. Unsure of what to do and not real thrilled with going through this process again after the last time,still getting chemo,and am so tired of going to docs, 4 appts this month alone. Can anyone advise me, please? Thanks to anyone,Nancy
@Nancy. My opinion start getting your money first, then get legal help to find out your options. I'm sure your not the only case to get worse after a decision or find something else wrong. Good luck. Maybe someone else on this Hubpage has more information.
As always, thank you Bogey. I think I will do just that.
So I filed for my initial claim in Sept 2011 they have sent me to a CE for psych evaluations and a CE internist. yesterday I saw the CE internist and he completely agreed that my mental health status affects my physical health status, and thats what he is putting in his report. My current Psychiatrist is filling out what is called an RFC form and my sister has written a letter on my behalf documenting situations that occur with me. I have the following diagnosis PTSD, Anxiety Disorder, BiPolar Depression, and ADHD ..and I am currently on a waiting list for inpatient treatment and SOcial Security knows that Im waiting for inpatient treatment....so the question is with all this Im still going to probably get denied correct? since this is my first interaction with them? i hear they usually deny most claims the first time around....
@Cher. It's very difficult to say. There are so many factors. Your age, your city/state, the people reviewing your case. Just don't trust Social Security's Doctors. They will say anything to you and document what they want. Just stay positive. If you get denied they have an appeal process. Don't let it get you down, nation wide only 7% get approved the first time. Just keep this Hubpage in mind and ask questions. Also keep a file of your medical history and get all your records. Social Security WILL lose your medical reports and claim you never gave them to them. Keep the names, dates and times of everyone you deal with. Also if you get denied find a local Social Security to represent you. Good luck and I wish you the best as you deal with Social Security.
@Cher. I meant Local Social Security Attorney.
They dont go by if you can work at least 8 hours a day 40 hours a week. My SSDI denial actually says "We agree with your treating physician(s)that you are experiencing high levels of chronic pain and anxiety brought on by your injuries. We agree that you may never be able to return to your previous positions(s)and that you may no longer be able to work in a full time postion. However, due to your knowledge in your field we believe that you could obtain some work. We consult with independant physicians to review the information received on your claim. These physicians agree that the number and severity of your injuries would make much of your condition inoperable and treated only by various forms of ongoing medication/therapy. Our examining physician(s) have stated that you should avoid employment positions that require lifting more than three pounds, bending, stretching, twisting, sitting/standing/walking/typing for more than ten minutes at a time. We believe that you should be able to obtain employment with little or no training, in a private (non public/customer) setting of five co-workers or less, up to three hours per day for up to five days a week."
How does this cause 2 denials? Even my attorney was shocked to see this. I've been waiting for 14 months for an ALJ hearing and still havent received a notice of hearing. But, according to my attorney Social Security denies claiming you can work "at any employment that would would produce income".
The better question is, where do I find this job? Even Taco Bell says you have to be able to lift 50 pounds. What job with these restrictions would support my family? They steal our money from every dollar we make then make us beg to get it back. Its rediculous.
@Dawn. I'm sorry for what they are doing to you. The bottom line is your going to win at your hearing because as usual the Adjusters opinion contradicts Social Security's own list of impairments. They wrote the same garbage on my denile letters. Just remember, your doctors opinion hold so much more weight in front of a Hearing Judge. From my experience, my Hearing Judge used her own doctor and my doctor's medical evidence and opion to make her decision. She didn't even let the Vocational Expert speak. She asked me some questions then asked the Social Security doctor if he agreed with my doctor's medical records. Once the Social Security doctor said he agreed and even rated me more disabled then my own doctor, the Hearing Judge made her ruling. I'm no Attorney or expert, I just post my experience and what my Attorney has told me about the system. He was a former Social Security Judge. The majority of people win at the Hearing Level because of Social Security violating it's own rules and definition. My Attorney told me. "In order to work it's all or nothing". What he was saying is you must be able to work 8 hours a day 40 hours a week. Now he did tell me Social Security will try to place you into any type of work. So the younger you are and the higher your education the worse off you are because it gives them more options. That being said, your doctor and Social Security's doctor found you disabled. With this and a good Social Security Attorney you should have no problem winning your Hearing. I know it's difficult waiting. I waited over 3 years. Social Security Disability makes you feel like dirt and a liar. Just stay strong and positive. From what you wrote, you were denied because of opinion not medical evidence. That's why you will win your Hearing. Good luck.
@cher stay strong and prepare to fight for your benefits. it is hard to say if they will deny you at the first levels of application. But overall statistics show that yes they likely will. also thier doctors at thier consultative exams will lie. i went to a mental status exam, the doctor stated i drove 25 miles to the interview. i mapquested it. its here in my city. it was 5.9 miles. a huge difference. he also noted that i was poised, interested, and engaging in the interview,however i had a panic attack i was crying,upset and debating on calling an ambulance. i was also late to my interview because i was scared to go in. i have chronic panic disorder with aghoraphobia. yet on his report he put that i arrived 10 minutes early. i could not believe these blatent liesin my report. i made a big summary of all the incorrect notes in the report and gave copies of it to my attorney. and Bogey is soooo correct. if you have to get representation, most likely will... make sure it is a LOCAL ATTORNEY in your city, that way they know YOUR LOCAL JUDGES at YOUR LOCAL hearing office. this is critically inportant. i have a hearing in march, and i am going to keep everyone updated. my attorney knows all about my judge and he told me what to expect and what not to expect. he even told me not to wear orange to my hearing. you see, i live in oklahoma, and orange represents osu. my praticular judge went to OU.. theyre colors are maroon. my lawyer said this judge has a reputation of turning down people who he thinks are osu fans.. this is absolutely absurd and innappropriate pertaining to someones disability and sports should have nothing to do with it. but with local attorneys, they can tell you little things like this.. now to my knowledge, i dont own any orange clothes. but i would have hated to not have this information that only a local attorney could provide and wear orange to my hearing and possibly get denied because of it. my attorney said that there is no proof of this, but the judge constantly makes "jokes " about denying people who wear osu orange themed clothes. i know this sounds crazy... but just make sure to get a local attorney. also, keep copies of everything you submit and write down names and dates of who you talk too.. bogey is so right.. the local social security office lost my entire medical file. i paid 36.00 to have these copies made and it was lost within 3 days of turning it in. so always keep copiesof your copies that you submit. i think they lose stuff on purpose and try to deny people to test applicants.. there is a lot of people, that once they experience these kind of problems they just give up.. that is what the local adjusters want.. they try to make your application hell so you will give up and go away and try to go to work or live off family and not re apply. i almost think its required in thier job to make the application a nightmare. @dawn
I agree with bogey.. basically. you got swept under the rug by a lazy adjuster who doesnt look at evidence. i think things will be more favorable at your hearing. keep copies of everything and work closely with a LOCAL attorney!! best of luck.. Ill keep all in prayer.
@BOGEY hey bogey thank you for all of your information and tips. i read all of your posts and i implemented alot of your advice into my own appeals process. things got smoother and now when theres a problem or something missing, i have copies and or names and numbers of who i spoke with on what date. also, im blessed with a great local attorney who also, is a former soc sec judge. his office is very professional, and thier office has not lost one thing i have turned in. also , they let me come over there and view my electronic file whenever i need to, so i can verify all my recent records are being turned in electronically to the hearing office. I have high hopes for my future, because i have supporting doctors, and a close hearing date. i look forward to updating everyone and sharing my story to try to help others. this is a great site. but bogey thank you for your good tips. you are a wealth of information.
@BOGEY and @jamestulsa Thank you for your responses. I read these and see that many of you are worse off than I am. Before the accident I worked 60+ hours a week with nothing more than a GED, clawing my way through jobs until I reached a management position. Years of missing my kids growing up, moving them to better homes as I could afford it, and it was all taken away by someone who was more interested in their cell phone and hit us.
I ended up with 3 collapsed disks in my back, my collar bone dislocated and now wont stay in for more than a couple of weeks at a time, slap/rotator tears in both arms, torn tendon in my elbow, and bi lateral thorasic outlet syndrome and none are operable because I also have C5/C6 buldging disks. The two surgeries on my shoulder made the disks buldge worse and now no one will touch me. If the C6 blows I can become a quadrapalegic, if the C5 goes I will not be able to breathe on my own. I have constant pain, cant lift over a cup of coffee in my right arm, constant tingleing, cant sit stand or walk for more than a few minutes without heavy meds... It keeps going.
I was told that after the accident since I worked 10-20 hours a week for 3 months that is causing the problem - I actually tried. But they dont seem to care that I was heavily medicated to do that and my job of over 5 years terminated me because of the meds and the fact that even medicated I couldnt do most of my job. I also refused narcotics once I knew I was dependant and have told all of my docs that I grew up in a house of addicts and want something non adddictive. Apparently they want you to be an addict because this is now a red flag even though I do take the non addictive scripts. I've tried everything non addictive, even homeopathic python blood and lady bug, but the fact that I wont have an addiction is against me. That the injuries were worsening on the meds because I was doing too much doesnt make a difference. I can bathe but not wash my own hair means I can perform basic hygene. I can microwave a TV dinner but not cook a meal for my kids means I can prepare meals for myself. It seems like being hones is working against me too.
@Dawn. Trying to go back to work will only affect your back pay date. A good Attorney will explain you worked full time became injured, tried to work part time but your injuries and pain prevented you. The rest is up to your medical file and doctor. If your doctor supports your disabled and completes the documents your Attorney will provide him or her, you should be fine. The Hearing Judges review everything and have doctors they use, not the doctors Social Security Adjusters send you to. Good luck, stay positive. @ James. I'm glad my information is able to help. Like I have posted many times, I'm only posting from my experience. I had to go through every level and saw the lies Social Security's doctor wrote in my file. Went through the frustration of them telling me I never sent my medical reports, when I had proof I did. Getting denied and told even though I could no longer do my previous job, I was young enough to do something else. It was three years of he'll and I don't want anyone to go through what I went through. Good luck and keep fighting.
I am gping to file for ssdi soon , I am 51 and have been seein doctors for 15 years for psoratic arthritis autoimmune diease. I have damage in my finger now and they look terrible now, I have 2 bulging dics in my neck with arm and shoulder pain for years injections in both many time, bad feet, hips, wrist I can go on. My question is I called one of my past doctors office for dates and xrays and other material for proof , the receptionist said "you don't call the doctors the ssdi will contact them and get all the info form your doctors, I do nothing just fill out paper work and start to file? Does that sound right? Thank You for your time
@Ronda. They are your medical records. Yes Social Security will have you sign a form to obtain your records but in my opinion you should get everything your self make copies and make sure Social Security has all your records. If you read most of the posts on this Hubpage, Social Security has a long history of losing your records. Also some doctors charge for medical records. Social Security won't pay for them. I can tell you from my experience, my file was missing a lot of medical documents and I sent them myself. You don't know what Social Security doctors and Adjustors are reviewing until your denied and get an Attorney. When I met with my Attorney I had files of documents that were missing. Once my Attorney reviewed my file with me, he organized it for my Hearing. It's up to you but I wouldn't trust Social Security to obtain my records. I'm sure anyone going to the Hearing level who has reviewed their file will agree. Since your just starting, read Habee's introduction. Keeping records of everything is very important. Making sure your doctor documents what he or she says is extremely important. Habee says it best. If it's not documented, it's like the doctor never said it. Some doctors see a lot of people everyday. You want to be sure your doctor documents everything to help your case. Good luck and read this Hubpage from start to finish. I didn't find out about this site until I was denied. If I was better prepared it would have saved me from going through the entire process.
I was just talking to my mom today about how denial of benefits could severely alter ones life. Case in point, Steven M Sargent 014-60-5091, how are you today?
Well here is an update. I filed for my social security disability benefits and ssi on sept 15 2011 ( five months ago) For my initial process. I live in Vermont. My claim is being handled by waterbury vermont disability unit. Included with my initial filing is the following. All my diagnosis ( and there are a few ) along with my diagnosis is my medical records, their C.E. doctor reports as well as what is called an RFC from my psychiatrist. RFC is a residual functional capacity form...describes why you cant work, examples and clinical diagnosis. prognosis, medications...etc. its the RFC for the mental side not the physical side of why the doctors believes you can not work....everyone filing initially should have their doctor fill out a RFC form whether its for physical or mental disability. This allows the examiners a way to see why you can not work, not that you are disabled but how your disability keeps you from working. SOmething the examiners really need. Im not saying I will be approved on my initial filing, but at least I have a better odds at it. I dont and wont hold my breath though. Social Security is known for their initial denials. My husband years ago had cancer and had been diagnosed terminal with less then 6 weeks to live and he was denied. But that was California...now Im in vermont, Im hoping for a good outcome but Like I said not counting on it the first time around. Social security had me see three of their own doctors, plus had two of my doctors. I got an attorney right after I filed, I wish I would have gotten one before I filedm because those initial filing forms they use against you and Im sure that will come back to haunt me in some way. One thing is they ask about schooling. Well I did something called a joint high school college program to finish high school, but didnt....however my attorney says social security will say im college educated even though i didnt go to college..it was taking a college class to finish high school....which i still didnt complete either....but since i wrote down my schools social security will use that against me...so thats where i say an attorney sometimes is the best thing to get before filing....Also my attorney knew to get those RFC forms sentr to the examiner on this initial filing, not just have my medical records for the examiner....im hoping because vermont is good about taking care of their people, that they will be good with my claim....we shall see..Im at the 5 month mark so im sure a decision will be coming soon.....thanks for letting me update everyone
@Cher. The RFC Form is usually filed out before your hearing because it makes it easier for the Judge to review The RFC Form instead of going through all your medical reports. It's good you Adjuster will have this form. Hopefully they will read it. Good luck and stay strong.
My atty said my biggest red flag is that when I had my SS interview over a year ago I was asked if I needed to "make arrangements" for help cooking, cleaning, personal hygene, etc. I took this as meaning "do you need us to arrange for someone to come in". I said no and told the rep that my children (then 13 and 15) had to do most of the chores, cooking, and often had to help me wash my own hair because I couldnt lift my arm. They listed that I needed no outside help which is interpreted as capable of caring for myself and my family 100%. If someone in your home does laundry for you because you cant then tell them that yes, you need help. If someone else prepares the family meals because you cant, then you need help. SS is not offering you help, they just want you to say you dont need it so they can say youre capable.
Also, if you have a disabeling injury that was made worse because of a previous injury apparently your out of luck because they wont even acknowledge there was a previous injury. I was rear ended at a stop light in Oct 2009 which hurt but didnt disable me. Then I was hit on the drivers side, which also caused a front end collision in Feb 2010 which is what did me in. 3 sets of injuries from 3 directions in 4 months. SS says that just the 2010 injuries are considered and they dont see those in themselves disabeling.
On another note, as mentioned above, be diligent in making sure SS has your medical records. I just found out that they "have no knowledge" of my surgeries or any of the 13 specialists I have seen that refuse to touch me, or the 18 months of physical therapy - even though I walked these documents into the office and handed them directly to a rep. My atty is resubmitting everything to the ALJ but now says it will cause further delays because there is so much to be reviewed. Dont make the mistakes I did, tell them you cant clean your house if you cant and make sure the medical records are on file. I have to wonder if these people get bonuses for the number of people they deny.
@Dawn. It's just classic Social Security. They use what you say and just check a yes or no box when an explanation is required. As far as them losing your medical records. I've said it since I've been on this Hubpage. I saw my own file when my Attorney received it and it was rediculas. After seeing all the missing documents, it's no wonder I was denied. I was fortunate I made copies and sent everything certified but, it still cause months of delays. Good luck.
I have been searching the internet looking for hope and read your post! Thanks habee for sharing your post with others that also have family members or they themselves have a debilitating physical disability. It appears you where able to cause many others to be encouraged after reading just what you had to say and how to present themselves to Social Security Disability. Before I read your post I was horrified by how difficult Social Security Disability makes it for those that file a claim to prove themselves. I guess I could say my back problems are much like yours when you mentioned that every day you did not have excruciating pain. The only difference from others that have symptoms of stenosis are the fact that my legs have not become numb yet. I was reading that once you are not able to control your leg muscles or feel pain it is too late because by that time the spinal cord has been permanently damaged. I am sure that if I was forced to work under those conditions that permanent damage would happen much sooner. Thanks Again, JT
I just thought I would check in with everyone here. I am now waiting for my hearing date. My lawyer said it would be another year before I get a date. I cannot wait another year without money or some kind of help so I can buy even the smallest of basic necessities. Its just so hard working with the government and everyone else who feels you do not matter.
Take care everyone.
@Affraid. It's very tough and I'm sorry you City/State has a long waiting period. My wait was 18 months and the day I received my Hearing date the Judge postponed it another 2 months because she went on vacation. Most of the time, the Hearing date is not as long as your Attorney tells you they just give you the average waiting period. Never the less, try to stay strong and keep your medical treatment current. Good luck. @JT. Welcome to the best site for information and support. We are all here because we have gone through the process or are going through it. Feel free to post any questions. As you have read, someone on this Hubpage has probably experienced what your going through or are about to go through. There are so many things you can do for yourself to avoid the frustration Social Security puts you through. I wish you good luck in your situation.
Did some research on the Internet. Seems a lot of Social Security Attorneys have a little scam. They tell people to file for Social Security Disability and if they get denied they will handle the case. The reason these Attorneys do this, is because if they win your case before any denials they don't make enough money. These Attorneys see you and figure you won't fill out all the documents correctly and get denied. Now when you retain these Attorneys, they know the reconsideration portion and possible Hearing could be 6-18 months later. Now they make $$$, off you. Nice scam. It's know wonder so many people have posted Attorneys wouldn't take their case until they were denied. What a shame. Just something else to think about.
Bogey I am living in Pennsylvania and sometimes I feel like I will not survive for another year. I cannot survive with no money and no support from my family. It is so hard to keep hopeful
@Affraid. You have to stay strong. It's not easy. See if there are any support groups in your area. It's a battle that even when you win it doesn't end. Hang in there.
Hi Habee, glad you got approved. They sent me for a psychiatric evaluation and he said he thought I was exaggerating so they denied me. The really funny thing is I tried to hide the pain for so many years, but they told me to tell him the truth, so I did. I guess truth is stranger than fiction, cuz he seems to think I'm making it all up.
@afraid
Stay strong and hang in there. Bogee is right about hearing coming sooner. I kept getting quoted to have a hearing in June or July of this year. However, in December 2011 I recieved a letter that my hearing was march 23rd. So you may get a lucky break too.. A lot of people at least in my area are getting hearing dates 90 to 120 days earlier than expected. So keep positive. Also insist your attorney to write and compose a dire needs request for expedited hearing date. Take all your rent and bills car payment any and every bill you got. Prescription print outs , doctor bills utilities, tell your lawyer, you simply can't go on and you highly insist on a dire need request to the hearing office for an earlier hearing date. I hope this helps. Also @ everyone, Gary, afraid, bogee, I meet with my lawyer on feb 29th for my pre hearing meeting.. I have wrote my questions down Everytime I think of one and I will ask all questions at this meeting. So I'm anxious and ready to meet and prepare. After feb 29th, my hearing is 23 days later!!! I never thought it would come! I'm very appreciative though, I don't take it for granted. My original application was February, 2011. So from original app to a hearing in 13 months is extremely fast processing time. That includes my first 2 denials , hiring a lawyer and getting a hearing. My lawyer says social security has hired more people nationwide and are trying to process these cases quicker.. Fortunately mine has moved pretty quick compared to some people. I hope that everyone nationwide starts to see faster processing.. It's horrible to wait 2 or 3 years like poor bogee had to. It pisses me off.. I feel like he is a lot worse off physically than me, and he should have got on quicker. Now. Myself, I have several physical and mental impairments, but I've never had a surgery.. I just feel people who have had surgeries, cancers, loss of limb functioning etc, should automatically receive priority processing.. Also on another note, my lawyer Said now that the war is over and the president has brought bal all these troops, a lot of them are mentally Ill, PTSD, missing limbs etc.. And many will never be able to go back to work successfully.. He predicts that social security is about to get "flooded" with about 150,000 or so new veteran cases.. And he says veterans automatically get priority processing. He said he has seen this same pattern before after desert storm and other wars.. Back then he was still a judge. He has been a judge for 25 years. So Its just an opinion of course.. But it makes sense.. I hope the system doesn't get a temporary "flood" of applicants due to the war ending. So I wanna suggest to people like afraid or any one else struggling.. Get your dire need letters in and fight for a quicker hearing date. Things might get slow for a little bit. But stay strong and I'll pray for all of you.
Also, I am not complaining about war veterans applying . A lot of them probably need it and they deserve it for serving thier country. I just wish social security would hire even more people.. Maybe 50,000 new employees nation wide to get these cases moving.. I just wante to clarify that becaus I didn't want to offend anyone or any veterans. Good to see u all here!!!
Thank You all for the support and good words. I really hope that I can get a quicker hearing date. I have contacted my Congressman to speed up the process. My lawyer told me it will take 486 days before I get my letter. We have dire needs and I have taken all those letters to my Congressman. I got a call the other day and they told me they want to help me get a faster date.
I want this to happen fast.
Thanks Again.
From what I have learned about Social Security they will use your age and education against you regradless of your medical condition in the early stages of the process. Unless you have an extreme disability or are part of the 13 percent nation wide your going to have to fight for your disability. The reason so many people win at The Hearing level is because the Hearing Judge actually takes your medical records into consideration. It's a messed up system, it's broken and we suffer.
@ Jamestulsa and afraid, Don't give up!! Social security is our right!! We have become disabled for various reasons, but my will to live is not!! I think the news media would have a field day getting social security to explain why the process is slow, inefficient and unorganized. The longer they "dilly dally" around, the greater the cost to the government, and us disabled citizens.Perhaps it's time to start telling our experiences to the media! Somebody needs to be held accountable for all of the inefficiency in the SSA. Remember, the average Joe has no idea what is going on, until he becomes disabled. I am so sorry that so many of us have had to suffer for so long. Bless you all, and may justice be in your corner. Keep fightin!
@Gary. When I was going through my fight with Social Security 60 minutes ran a topic called Dying Whlie Disabled. The piece was about how many people die each year waiting for Disability from Social Security. It was sad to see, yet nothing has changed. Social Security is almost untouchable. It's a Federal system, so your State Reps rarely get involved and Congress could careless. Since SSI, SSD and regular Social Security are all one giant mess, no one knows where to begin. The other problem, it would take all 50 States to unite and force Congress to take action. That's never going to happen because of the way our government keeps us divided. I should not say never. One day the regular people of this country might stick together and elect people in Congress who will fight for our Country not just the State they represent. That being said Gary, they are well aware of what's going on. Media deals with ratings. They would rather put death and mayhem on for viewers to enjoy. Why bother them with real people suffering at the hands of our government. If they run stories like that special phones ring in the news room and the story ends. There are no real journalist in this Country. We only have people report the News.
I have been on social security disability for about 12 years now. My shrink has just informed me they are going to try to get everyone off it. The governement spent the money from social security on wars and themselves. I have not worked in 14 years. I have mental illness. I got approved the first time but I feel horrible for all the people now who are applying are legitamley disabled, and dont get approved. They are suffering because of the mis appropriations of the social security fund by the US govt.
I read in a comment only 7% get approved on the first try. That will discourage people who are disabled from applying
Hello all, I went through my social security statements for the last few years and was shocked to see that in 2006 the "if you were to become disabeled" line was nearly $800 a month more than the amount listed in the same line on the 2009 statement! I was making over twice the amount in 2008 and 2009 than I was in 2006. When I asked my attorney about this he said that they are indeed reducing benefits for new disability applicants. At this rate I'll be making around 25% of my pre-disability earnings.
I also just found out that the social security office didnt process my attorneys request for an ALJ hearing for 6 months after the request was sent in. We sent the request for an ALJ on June 14, 2011. When I called SSA to check the status I was told that they processed the request and placed me on the waiting list on December 29, 2012 and they are estimating 12-18 months waiting! My original application was October 1, 2010.
I've worked consistently for 25 years, never taken more than 3 days off at a time, and now have to live like ths because someone was more interested in their cell phone than their driving. This "insurance policy" was forced upon us and when we need it we, and our doctors, are called liars, and we are forced into poverty and financial ruin by the very government that takes 7.65% of every dollar we ever made without our consent. I have gone for second, third and fourth opinions begging anyone to find a way for me to go back to work only to be told that they risk is too high, if the disk blows I could be on a ventalator for life, or die. I guess that 7.65 cents out of every dollar is worth more than the tax payers themselves if they can starve us out long enough to risk our lives to feed our families.
Hi ya'll,
Im a 26yr old mommy of 4 that just applied for disability in December. With being as young as I am & seeing a lot of people close to me that were older fight for years to get their disability I knew i wld need to get a lawyer from the start & that that wld be a task in itself seeing as they do not have to represent you! I got lucky & the first lawyer I went to agreed to represent me though he did tell me right off the bat it was going to be a struggle with my age & also the fact that I may not be eligable for SSDI bc I have not worked a substantial amount in the past 5yrs so I may only be able to recieve SSI unless they can prove I was disabled before I was 22! At 13yrs old I was diagnosed bi-polar, at 15yrs old I was diagnosed with Fibromyalgia(very rare to be diagnosed with @ such a young age) & multiple herniated discs in my back, there was no treatment at the time for the Fibro, I was instructed to see a physical therapist 4x a week for my back problems, given a note for school saying I could not participate in P.E., that I could not take the stairs so I got a key to the elevator & a pass to leave class like 10min early, I was also given a list of restrictions a page long for work. Unfortunatly I only got to go to P.T. 2 or 3x before Medicaid decided they werent going to pay for it, so I gave up & lived in chronic pain for the past 10yrs. Well that was til this past October when my husband was finaly able to get health insurance, my 26th bday present to myself was a trip to the doctor!! I went in with a list of ailments & that was the first & last time I saw her, off to multiple specialists I went! After multiple X-Rays & an MRI of my back & left hip, I was given different diagnosises by different doctors as to what was wrong with my back, my primary doctor said that the X-ray of my back showed Degenerative Disc Disease, she then sent me for the MRI where the Radioligist said it was herniated discs & off to the Spine Spec. who again said it was D.D.D & stated there was nothing he could do for me other than to send me to pain management. As far as the problem with my hip goes it has been pretty clear from the first X-Ray I have Hip Displaysia, so I was sent to an Orthopedist in my hometown where he told me there was nothing he could do for me other than to send me to another Orthopedist in Indianapolis. I went down there without the slightest idea as to what I was going to be told, first off they sent me to have more less generic(different posistions as opossed to just lying still) X-Rays of BOTH hips, once I get back to the exam room the doctor comes in & says so which hip is causing you the most pain, I puaed for a second in shock & then said so your telling me it's both hips where he then tells me yes it is & it is very bad, my right hip is only 1/2 way in the socket & the left hip (the one that is causing me chronic pain) is only a 1/3 of the way in socket, he then told me this was a condition I was BORN with & that walking with my hips in this condition for the past 26yrs has caused a lot of damage & needs to be surgically corrected ASAP or I WILL BE crippled by the age of 30!! I was speechless... Since seeing him I have seen 2 more doctors about my back both with different medical opinions as far as herniated discs or D.D.D. but both stating that my spine is curved a bit at the bottem all as a rusult of my hips be out of line my entire life... I am hoping that this does not drag out for years, it should be MORE than obvious that I AM disabled no matter how young I am, if you ask me the fact that I am only 26 & have all these problems should make it easier for me not more difficult!! I am 26 years old, I should not feel like im 65...I have been dealing with this pain for almost half of my life, I have a family that depends on me to take care of them & im to the point where I can barely do that let alone work a full time job. My husband works 12hrs a day then comes home & helps me with my job (chores, the kids) bc I physicaly can not do it. I'm so depressed about everything, the pain, the fact that I cant do my job as a wife & mother & the fact that we are forced to live with my mother in law bc on only my husbands salary we can not afford to live on our own. It makes me feel worthless & a burden, I'm to the point that I feel my family would be better off if I wld just end my life, nobody wld have to worry about taking care of me, I wld no longer be in pain & my family wld be better off financialy bc they wld recieve survivor benefits!! I know its early on in the whole application process, I cld get very lucky & be part of the 7% that recieves there benefits on the first decision, but if I dont I dont know that I have it in me to keep fighting... I've been dealing with all this pain for so long & I've kept on trucking for the past 11yrs, but i'm tired now!! Please pray for me & my family, im not even going to be able to get the surgery that I need to prevent me from being crippled until I get my SSDI bc my husband is going to take like 2 months unpaid off of work to take care of me & our kids, seeing as he is our only income it cant happen until then=(
I just want everyone here to know that I finally got my disability. Although, I went the route of using my State Senator, I got my letter yesterday saying I got a favorable response to my case and my payment is being processed immediately. I am so over the moon about this but I will never stop thinking of all the others who are waiting for their decisions. Thanks to all.
Afraid888
@afraid888 congratulations!!
Maybe I need to contact my state senator!! My hearing prep is Wednesday.. And my hearing is 3 weeks away!! I'm excited and very nervous.... I'm scared because I have had to collect unemployment in order to live. Although the payment is only 145 a week, I hear this can be frowned upon by most judges, because your telling the state you can work but your telling social security you can't. The fact is, if I was offered employment I would try my best to do the job. Although, due to my impairments, I'm sure I would have too many medical absences and poor performance over all and run out of the job with panic attacks etc, I would probably get let go or my schedule gradually reduced in an effort to make me quit.. My last job I was fired for medical absences with doctors excuses it states this in my unemployment letter, so I was sure to submit that as evidence that I didn't quit or let go due to misconduct. I was fired for poor health.
Now I'm scared and nervous about the unemployment thing..
Also afraid888 please don't leave us, please continue to tell us about your experiences and your payment processing times etc. hope to see u around!
@everyone pray for
My upcoming hearing please!
@Affraid. Congratulations! @James. I don't think collecting unemployment will affect you. The only thing the Hearing Judge wants to know is if your disabled and if his or her doctor agrees. I wish you luck with your Hearing. I'm sure your Attorney will prepare you for the Hearing and what to expect. Good luck.
I am just waiting now for my telephone interview with Social Security. I am so happy and relieved now that the hard part is over.
Take care all
Well tomorrow is the day I go to my lawyer for my hearing prep.. Finally a chance to ask detailed important questions to the actual lawyer, not just his secretaries.
I have a list of about 26 questions. And I plan to ask every one of them.... I'll update u all when I one home tomorrow!!
I got a letter today saying I got a very favorable decision on my case. i am just waiting to hear from Social Security to tell me how much money I will receive. This is a good day.
Well the pre hearing meeting with my lawyer went well.. He believes my case is very strong. However, at least in Oklahoma , unemployment is held against you. But in my case I was fired after being reduced to part time work, so I applied for unemployment with the hopes of finding other part time work. Like 4 hours a day 2 days a week. The lawyer said since this was the case it should be okay. Because supposedly you must be able to work full time to not qualify for ssdi. Also the lawyer said my ssdi check would be 1120 dollars a month, according to my ere. The lawyer said the judge will be impressed by my work credits alone.. He said he has clients who are 45 years old that only have half of the work credits I do. He said having so many work credits at 31 years old will show the judge that I'm a worker, and not just a lazy young person wanting a free check. I guess starting full time work at 15 and lots of over time every week will pay off in the end.. Overall, my lawyer went over questions with me and told me what to expect from This judge. Also, he said overall, my case looks very favorable and and I have strong medical opinion evidence which is crucial, and while he said a judge can deny even the most obvious cases of disability just because they feel like it.. Even with good medical records etc.. He feels that my case and my evidence and my particular judge are gonna mesh together perfectly for a favorable result. He just said don't count on it until its in writing.. He said the judge may act totally different than what he expects at any hearing at any time. Basically odds look very favorable, but he said judges can do whatever they want and if they simply want to make your life hell for the fun of it , they will do it because they can do whatever they want. So all in all I think I'll do fine and I'm excited and less anxious about the whole process!! Wish me luck.. I'll be checking in periodically keeping u guys updated!! @afraiid congrats again!!! I'm so happy for you. When are we all meeting up and goin out to eat to celebrate your win!! Lol! Everyone have a good day, keep me in prayer, and ill pray for you too.. My hearing is march 23rd at 9 am... I'm so ready
@James. That sounds good. Most of the Judges are pretty fair and they make decisions on facts not opinions. That's why so many people get approved at the Hearing Level. Another good thing about Hearing Judges is they use common sense. Unlike Social Security Disability, they look at your work history and determine cases. They see a person who has worked 20 years and realize you didn't just wake up one day and decide to stop working and collect SSD. It's not rocket science, just like my case I receive the maximum from Social Security yet it's still tens of thousands less then what I earned working. I wasn't fired, I retired under my jobs disability retirement yet Social Security made me go through the entire process. The bottom line is the Hearing Judge saw it and used her judgement along with my medical condition to make her decision. Best of luck, think positive.
@Bogey, you mentioned in one post that SS will hold your education against you. Would you explain that a little? I have a master's degree and have worked in the IT/IS area for 18 years mostly as a programmer but 4 years as a manager of programmers. Of course, I was denied my first application and I am getting my appeal ready. I was denied due to how much I made, I am still employeed (at the moment), I'm on FMLA leave again. My short term disability is more money than SSDI will allow. Like you, I make quite a bit of money and SSDI won't even touch my salary. But I just can't go on working full time.
Hi James, I think you are going to get your disability. I am convinced that you have a case that will win. I know you have been through he** and back. You are in my thoughts and prayers. I am sorry that you, like the rest of us have to suffer the consequences of such a flawed system. You have the truth on your side! I want to hear some good news from you. @ Bogie, I checked out the 60 minutes website and found the story you were mentioning. How horrified I was too see what people like us have to go through!! When I wake up everyday, I am grateful for what little I have, and I applaud everyone here who shares there stories. Habee, thank you so very much for having created this blog. You guys are my heroes!! :)
@Thomsons. The higher your education in Social Security's world, the more options they have to place you into the work force. They use so called Vocational Experts to see what type of work you qualify for. So if you dropped out of high school and worked construction, they have a much smaller field of jobs to use compared to a person with a Masters from any University. The construction worker can't be placed into a management desk job however, a college educated person could. It's an unfair system but it's what they do. My denile letter even said I could no longer do my job but because of my education I could do another job. Good luck.
@Bogey, thanks for the info! From what I have read, that job would have to be 80% of my current wage correct? I'm not sure what job would be suited since I cannot focus throughout a full day and have the stamina to function 5 days.
Still no word from SSD. It has been over 5 weeks since there Dr appointment. We did get A letter stateing in 2006 that two W2's were entered from the same employer. A paper needed to be signed to correct the earnings record. Not sure if this is A good sign or nothing. We applyed October 25. This is the first application. I will up date if we ever get A approval or denial. Does anyone know the usual time frame in Washington state ?
Whoot Whoot, Just got notice of approval ! Since I worried about the time line I will post ours for others.
My husband was injured July 29 2011 He has A moderate TBI. I applyed for Social security on October 25th 2011 He went to the SS Dr January 19th 2012. Today March 2 2012 He was approved with date of disability starting July 29th. They hold 5 months pay from this date, He will get A small back pay. SS will pay the attorney direct. Was told first check should arrive in April. Thank you for all the help and advice. I hope knowing our time line of first application with Approval helps others. We did have A Attorney fill out the original application. And live in Washington state. Good luck to all. Mist
@everyone
I'm not proud of being a high school drop out with no ged or college training.. However, I guess this will help me to a point with the vocational expert?? Since I'm "uneducated" and my highest level of education is 11th grade, that should rule me out for any formal job positions that require college basics or degrees? Also I'm glad to know that If I'm approved my payment will be 1120 a month.. My lawyer says or no college education and being 31, this is a good amount based on my work credits. It will be a tight budget, but my mom got ssdi when she was 57 and her checks are only like 764.. But some of her work credits had expired.. So I'm hoping for the best... I'm anxious and excited and hyper focused , and at times somewhat manic, waiting for my hearing.. My lawyer said my case is fully strong at peak level, there is nothing else I can do or add to my case to strengthen it.. This is a relief, I feel truly like I've done all I can.. Now it's in gods hands..
@bogee glad to see you here... I will continue to stay here like u do to try to help others.
@afraiid I hope you are still here and I hope you continue to conversation and check in with us and help others.. Please don't leave. I feel like we're all a special bonded group!
@gary thank you for your support and kind words, I really do hope I have good news to give you real soon.. Your great. Please don't leave this forum. I so glad I found it!! This is an amazing hub...
Thanks everyone and stay strong and keep fighting!!!!
@bogee
Hey bogee not to be off subject, but I like apple products.. I know u have an iPad2. I have wanted one but have been holding off to buy an iPad 3. However I don't have the money for anything right now anyways.. But if I'm approved, I'll be very conservative with my benefits and try to save money when I'm able, and try to live life cheap and efficient. However, for my treat, I will likely get an ipad3.
Apple is holding a conference march 7th announcing the new iPad 3 and it's features etc.. So I assume it will be available a few weeks after that.. So be sure to check it out or google iPad3 after march 7th to see about all the new features. I'm kinda excited. I'm a technology lover. Ttyl.
I purchased my I Pad after I won my case. Before I wrote on my I Touch and it was very difficult. This is a fantastic product. It can do any thing a computer can do and it's the size of a medium book. Very user friendly. The only fault I have found is I can't print things. So I e-mail them to our main computer and print from there. I've had mine since December 2010. with all the Apps I don't need the news paper, I get everything I need sent to me. You will love it.
hello All,
DONT SPEND YOUR LUMP SUM JUST YET!!
For those of us still waiting I wanted to add some info I have gathered regarding the repayment of SSDI back pay:
If you receive Long Term Disibility through an employer sponsored or private plan there is a 99% chance that your entire back pay lump sum needs to be repayed to the LTD company. This is a normal clause in most plans so most of us that receive LTD are aware of this. But, there are many other things most are not aware of.
1) Check your LTD policy, they may not take your COLA adjustments. If this is the case and part of your lump sum is a COLA increase this amount is yours to keep, ask your attorney you help you determine if this amount is available before you send the check to the disability company, and ask the disability company for a check roster on your benefit account. Confirm the exact amount because they will just say you owe the entire amount.
2) If you have been forced to apply for state cash/food/housing or medical assistance while waiting for SSDI you have probably signed a document that says you will repay them out of your lump sum. When I asked how they calculated this amount I was told that between the benefit amount, administrative fees, processing fees, etc they normally take the entire lump sum. They can do this because if you have state medical and dont go use the insurance for 2 months they still charge you the "monthly premium" amount which of course they cant quote you a price on.
3) If you have a defaulted student loan they can take their repayment even if you are oblidged to repay the state and or disability insurance company. Student loans can garnish SSDI.If youre disabled apply for forgiveness of the loan, your doctor will have to complete the forms and it cound take up to 5 years as they dont consider SSDI a verification of disability in their criteria.
4) Your lump sum will most likely be taxable even if you have to repay the entire amount to the state or disability company. You "may" be able to avoid this by ammending your previous tax years and breaking the amount down by the year the amounts were awarded instead of the year they were paid. I was advised to have a tax professional try this.The IRS wants to change this because breaking it down would most likely leave you with no tax liability, or a smaller one. They want any money they can get.
5) If you are a non custodial parent and the custodial parent applies for child benefits under your SSDI they (the custodial parent) will receive the dependant portion of the lump sum but you will be responsible for repaying this amount to the state and or LTD company. You can try to fight this in court. If you are a non custodial parent and the custodial parent received dependent benefits under your SSDI you may be relieved of your child support obligation even if the amount is less than your court order but you have to go to court to request it.
So, many of us are forced to live well below what we were earning often because of no fault of our own. We wait sometimes years for the "insurance benefits" that we are assured will be there if we ever need them. We went to work. If we were lucky enough we found a company that offered disability insurance or paid for it ourselves, or if we were responsible enough to find our own disability insurance, we lose our back pay that many are counting on to save homes, pay bills etc. If we dont have that insurance and have to depend on the state for help we have to repay them. So be careful. Dont spend your lump sum until you know for a fact exactly how much is yours to keep. Talk to a disability attorney before you receive your back pay if you absolutely need the amount to save your home, if the state will take it, or if you have a default student loan so they can arrange a repayment plan with your LTD company. Otherwise you may have your income reduced even further when they stop your payments to repay themselves.
** Another tidbit.. If you own your own home and have to have state help, even just medical, you probably signed an agreement that the state will place a silent lien on your home to take it for repayment in the event of your death or if you go into long term nursing home. I hope this helps some of you, I've read stories of too many ppl spending their back payment and finding themselves going even further in debt because of it. Good luck all!
@Dawn. That's why when you apply for long term disability insurance they make you file for Social Security Disability. They want their money back. They also trick you if your denied. They have Attorneys who work for them contact you to try and fight Social Security. Those same Attorneys have you fill out forms so they can get control of all your lump some. I only found this out because my Attorney was a former Judge and told me about these tricks. That's why I advise everyone to be careful when choosing an Attorney. Trust no one.
Exactly! The insurance companies only want to make money.
I was a benefits coordinator and Human Resources specialist for over 5 years before my accident. There are many parts of the insurance policies that are not spelled out unless you have the employers contract.
For example: Most LTD policies say they will only cover mental/depression/anxiety and fibro disabilities for a maximum of 24 months. Many of us have depression anxiety and fibro on our files as a result of our original injury or illness. Unfortunately the insurance company lobbyists have convinced most states to allow them to terminate benefits 24 months after any of these terms are listed in our medical files. It doesnt have to be a primary diagnosis for them to terminate benefits but it doesnt say that in the policy.
I hope the information I posted helps some people. I know how hard it is to be going through this, hopefully this will help some not make things worse for themselves.
I paid for Long Term Disability for 20 years and when I was approved for SSD they reduced my payment. It's a sad game LTD plays. I'm approved until 2033 for LTD yet every 3-6 months they send me letters for my doctors to fill out. They are a pain in the ass!!!
Im guess I'm glad I didn't have ltd. it wouldn't have helped me, I was terminated for medical absences. But, im not sure what will happen for me recieving unemployment for over a year now. I believe there is a possibility of my back pay getting drained to pay back unemployment. However, if this is the case, that's just how it will be. Back pay is nice, however my main goal is to just get on to ssdi because I'm no longer able to work. I hope it all works out. Also my hearing is march 22nd. I'm growing slightly more anxious each day.. I've been told everything looks good. But we all know a judge can do whatever they want. I'm trying to keep positive and not focus on the "what ifs" so much. Also I plan on sticking around after my hearing and decision. Whether it is favorable or not. However if it is denied, I may not have Internet access for a while. I hope everyone is doing well and I look forward to hearing everyone's updates!
Bogee and Gary hello friends! Good to see you as always..
Also,
@afraiid I hope you will still check in with us time to time. It's important for those who have finally won the battle to help encourage others and share thier story.. So stick around!
@everyone
Just a correction and clarification.
I had a couple different days listed for my hearing. I looked at my notice of hearing, it is march 22nd. Please keep me in thoughts and prayer on this crucial day of my life. I will be thinking of you all, before my hearing that morning or anytime I get anxious at the hearing office. This is a Thursday march 22nd. So it's really gonna be here quick. As soon as my hearing is over that day, I'll definetly update everyone. And also try to tell as many details as I can. My lawyer said this particular judge never gives a bench decision. But the lawyer said he can tell me what the judge is gonna do after the hearing. I guess he knows by the way the judge acts if he is leaning towards an approval or a denial. I hope for a miracle and a low stress situation.. I'll keep u all posted
@James. I will be thinking of you and say a prayer for you.
Hi James! I am and will be praying for you. I am confident that you will win your disability case!! :)
Ugh... Anxiety and worry.... Can't sleep tonight. Ssdi is such a nightmare.. Now im waiting for my hearing.. 12 days away. But then it's not over. My lawyer says my judge never ever gives a bench decision. So after hearing I get to wait another 30-90 days for a decision.... Sometimes I just wanna scream. I'll be glad when this is all behind me.. It's too much to handle. Also I continue to worry about unployment. I receive 148 a week. So right under 600 a month. I hope this doesn't mess things up for me.. I gotta pray tonight it's all I can do. Also I must continue to report and document my fight. I feel it's important.. Has anyone heard anymore from afrraid? I hope people stick around after they win. But I understand too , that some probably won't. Anyways I hope everyone is doing good. Also here in Oklahoma, the weather has been amazing. Perfect 70 degrees. With sunny skies for most of the winter. A rare winter here indeed.. Just thought I'd add that... Last summer in 2011 it was out hottest summer on record. We had 60 days with afternoon temps over 100 degrees. And we had about 16 days of 114 degrees with a 118 heat index. Never seen anything like it here in Oklahoma. It literally baked my car and cracked everyone's vinyl and dashboards. Sorry to be off subject, just a ramble I guess. But hope everyone's weather is good and all of u are doing well! I'll keep updating. :)
I really wish I could just get my money. I keep getting notices and my Medicare card but no money. There is a holdup between disability and SSI. I was told I am eligible for back payments. I still keep everyone in my prayers and hope for swift resolutions for you all. Take care.
Hey!! Afraaid glad to see you here. Please stay with us. I hope your payment starts ASAP!!! And I wish you all the best.
@Affraid. After you receive your Medicare card Social Security will notify you of your payment day. Either the beginning of the month or middle. Once your informed you will start receiving your monthly benefit. Then you will meet with them and your lump sum will be processed. the lump sum is the last thing you receive. They pay your Attorney and any workers comp or long term disability insurances you may have had. Before they pay you they will have you go to your local Social Security Office and fill out forms. They will also tell you the exact amount you will receive. The process takes a couple months.
I have tried everything listed in your article. I have documented everything. All of my doctors say I am disabled, 6 have went above and beyond by writing additional letters for me. The occupational therapy in our area has evaluated me twice and both times documented I was unemployable. I submitted a new claim a few months ago and while helping me fill out the paper work the person at our local SS office said he could not believe I was denied the first time. I have an attorney, and yet I keep getting denied. It has been 8 years since I began this process. Is there anything else I can do?
@Guykan. Sorry to hear your situation. Before I begin, you said 8 years but only mentioned denied once. Were you denied at every level then reapplied? Also please tell us what is your disability and age? One last question. Did you have an Attorney when you started? The reason I'm asking is to try do give you som advise and try to explain what's probably going on in your case. With Social Security Disability, so many things are used against a person to disqualify them from receiving benefits. I went through every level and finally won at my Hearing. I'm no expert but from my experience of going through it and all the research I've done on Social Security Disability maybe I can provide some assistance or someone on this Hubpage can help. Good luck.
Bogey;
What forms are you speaking about. I have a telephone interview tomorrow with Social Security. The local office informed me that they will be speaking about finances and other things. I hope that they can release the payment at that time. I won't receive my monthly benefit until next month. They put you through hell even after you get approved.
The phone interview will probably be to gather information instead of you going to the office.
@Bogey, I've been denied so many times I lost count. Currently it is at the federal court of appeals. I've had an attorney since my first denial in 2004. He told me at the beginning this should be an easy case because it had very few cases that had so much evidence. The problem is at my hearing before the administrative judge I drew one that denied 95% of every case that came before him. Now it seems the appeals look at whether the judge followed procedure rather than if his ruing was wrong.
I have had over 30 surgeries 11 since 2004. Since 2004 I have been hospitalized on an average of once month, including 3 time in critical care where I almost died. I am in constant pain in my back and leg, I have many other ailments as well.
Bogey:
I had the phone interview today and it went faster and more painless than expected. They wanted to know if the information on file was correct and to sign a form to have the money released. I am so grateful to all and will check in from time to time.
@Guykan. How old are you? My Judge was rated as the third lowest approval rating judges nationwide. I understand that feeling. Not good. What types of surgery and what is your medical condition. Also, did you have a maximum medical improvement, MMI form completed? If so what is you rating. Also is your Attorney a local Attorney from your city/state? It's very important because these Attorneys go before these Judges all the time. If your Attorney has a bad reputation you will suffer. Look into everything. My Attorney was a previous Hear Judge. He has a reputation of only taking cases that are truly mistakes by Social Security Adjusters. Some Attorneys have reputations of taking anything to Hearings. They work on volume not quality cases. Not saying that's your situation I just think you need to look into everything. If your Attorney is not from you city/state, get a local Attorney. I can't stress enough how having a local Attorney can be the difference between approval and denile. Local Attorneys not only know the Judges but they work with doctors who specialize in various medical conditions. Remember, being disable and have your disability properly documented are two different issues. When my Attorney found out who my Neurological Doctor was, he told me I would win my case. He knew my doctors ability to document everything and his credibility in his field would not be disputed at the Hearing Level. Good luck, let me know about the questions I asked.
Bogey 5 weeks ago
"@Ronda. They are your medical records. Yes Social Security will have you sign a form to obtain your records but in my opinion you should get everything your self make copies and make sure Social Security has all your records. If you read most of the posts on this Hubpage, Social Security has a long history of losing your records. Also some doctors charge for medical records. Social Security won't pay for them."
Tried to stay away, but this is so blatantly incorrect it needs to be cleared up.
1. Most states (if not all - that, I'm not sure about) process cases electronically. As long as your records get scanned into the system correctly, they can't be lost after that. Want to know if your medical records made it into your file? Call and ask! Almost anyone who answers the phone - not just examiners - can look in your case (if it's electronic) and tell you "yes, we received records from Dr. X on March 1st" or whatever. A secretary can tell you a lot quicker than your examiner can most of the time.
Now with paper files -- that's a whole other ball game. Depending on the examiner it's quite possible for records to get lost.
2. Most doctors charge for medical records. Schools typically don't charge for school records, and I have never seen a VA charge for records, either. Most military hospitals won't, either.
3. SS does indeed pay for medical records - that's one of the biggest expenses in processing a claim (not as big as CE's, though)! Most states pay $15 to $20 - some are a little bit higher. Most MD's are ok with this and will provide records -- some want more money and say "no, we don't accept your payment, we want $X or we won't send anything." If your MD is what is known to SS as an "unproductive source," then it's true that that particular MD's records will NOT be included in your file unless you provide them yourself. This is pretty rare -- every time I run into it, I let the claimant know about it so they can decide whether or not they want to get the records themselves.
And of course there are times where MD's offices are lazy, or incompetent, or flatly refuse to provide the records (usually because the patient owes them money - and yes, they can legally do that). In those situations, I can't put a gun to a doctor's head and force them to give me records. This is why so many people do get sent to CE's -- your doctors won't cooperate, and those doctors that DO cooperate a lot of times have really crappy records. They're either very brief office notes or -- bane of my existence -- they're handwritten and illegible.
Mental health professionals and eye doctors are the absolute worst when it comes to illegible records. As far as I'm concerned it should be illegal to keep handwritten records in this day and age.
@Jamestulsa - you have a good shot at winning your claim. From what you've written on here I can tell you do have big problems with anxiety. Some ALJ's are hardasses but most are approval prone.
In other words, if someone is *truly* disabled they'll probably get approved by an ALJ. The problem these days isn't that the ALJ's are approving people who are truly sick -- they're also approving people who aren't that bad off at all. This is particularly true with young people, say in their 20s and 30s -- particularly women.
I have never once seen the Appeals Council overturn an ALJ's decision outright -- I have seen them say that the ALJ didn't consider some doctor's opinion or something and make the ALJ look at the case again but I've never seen it result in an overturned decision. I'm not saying it doesn't happen - this is a huge country - but it's unusual.
One thing I saw you mention -- your education. Education isn't a factor until you're 55 -- 50 in very rare cases. The only time it matters before age 50 is in mental retardation cases -- in that situation, whether or not someone actually graduated from school with a diploma or received what's called a "certificate of attendance" instead is a pretty big factor.
I'm not real fond of ALJ's, admittedly. They allow people that have no business being on disability -- I've seen ALJ's approve people for seizures -- never mind that they had maybe 2 seizures the year they were approved! Ridiculous -- and everyone that works is paying for it.
One nice thing about ALJ's, though, in the cases where someone is really sick -- once you're approved, it's really hard to be declared NOT disabled again. (This is also true even if you're approved before the ALJ level, but being approved by an ALJ carries a little more weight.) It does happen -- particularly with kids and when people turn 18. For adults -- very rarely (unless they had cancer which is different). If the ALJ says you're disabled in 2012 and you come up for review in 2018 ... unless you have made some miraculous recovery, you'll get continued. Even if you have gotten somewhat better, doesn't matter -- unless you're orders of magnitude better (as in no medications, no therapy, totally symptom free, etc.), nothing's gonna happen. I haven't had a case yet that was allowed for a mental impairment that was discontinued on review.
As far as the unemployment issue goes -- anyone's guess, the judge may raise an eyebrow or they may ignore it. I've had claimants that were drawing it but it didn't affect the outcome of their case. Now if unemployment finds out you applied for SS and you're drawing a check while waiting for disability, they WILL cut you off and make you pay back unemployment benefits. Before you get worried -- there's almost no chance of that happening. As an examiner if I were to call up the unemployment office and tell them I had a claimant that was trying to get disability while drawing unemployment I'd be fired, period, end of story. (It's pretty hard to get fired when you work for SS but that's one of the major cardinal sins that will get you canned.) Unless you tell them yourself, they're not gonna know.
Good luck!!
sophia
if anyone knows what exactly happens now since senator contacted ss... he told me not to dismiss my attorney yet, so that was hopeful to me.. as i told him i was debating on dismissing her... love this site....
@Sophia - I'm answering this one because this is a good question, although I see you asked it several months ago.
Here's how it's supposed to work -- Senator contacts SS. An "inquiry" is placed on your claim. The examiner gets notified and essentially drops everything to work on your case.
I'm not kidding.
Now -- does it ALWAYS work that way? No. It does in my state; we do those cases before anything else and jump through all sorts of hoops to get things done fast. If your case needs a CE, your appointment will be first in line to be scheduled, for example. The examiner is going to call and nag your doctors for records instead of just send the letter and wait for them to respond. When your case is ready for a doctor on staff to review it, it's going to get reviewed really fast (usually the same day) -- it's not going to sit around for a week or two waiting for someone to sign off on it. Stuff like that. I've had Congressional cases that opened and closed the same day. (I've had regular cases do that to though.)
Will having a Senator inquire about your case get your case approved? No.
BUT ...
Let's say you're what's called a borderline case. You're older, but not at that magical age of 55 just yet. Or maybe you're really sick, but you don't meet a listing and you're not an approval any other way, but you're close (this happens all the time with kidney and liver failure cases). In essence, let's say you're one of those cases that needs a little nudge. In that case -- yes, it can mean the difference between an approval and denial.
Why? To make SSA look good, of course! Nobody believes me but SS is very image conscious (they sure don't act like it, I'll concede that). The public thinks SS is a bunch of uncaring SOB's that sit around all day denying people and laughing while they do it (hell that's what I thought when one of my family members was going through this). They want to change that. It's never gonna change, of course, but they still feel the need to try for some reason.
So yeah. If I were to apply for disability tomorrow the first thing I'd do after I signed the application was call every Senator and Representative in my voting district. The more the merrier (and yes you can have both of your Senators and all of your Reps inquire for you -- you don't have to pick just one). It certainly can't hurt. It will almost definitely get you a faster decision. Even if the decision is a denial it's better to know about it in 3 months instead of 9 so you can go ahead and start on the appeal. If your case is hovering on the edge between an allowance and a denial (which happens all the time with people over 50 but under 55), it will probably get it tipped over to an approval. Not always, of course -- everything varies.
It's kinda funny watching people's reactions to this. They get approved and think that Senator Bob has actually done something for them. What's really happening is Senator Bob (and every other politician out there) has a staff of people who exist solely to do stuff for constituents. It's all they do (and they do it very, very well -- I had a situation years ago that I needed help with, badly, and 2 hours after I called my Governor's office, the situation was resolved). An inquiry is nothing more than a letter written by some support staffer and they stamp the Senator's name on the letter and send it. Sometimes the staffer might call the office and ask how the case is progressing. That's it. Nothing more. The Senator never even hears about your case, or even your name for that matter. They have other stuff to do (bribery, back room deals, kissing babies, etc.).
But if you get approved, you'll vote for them come election time and tell all your friends and family about how wonderful Senator Bob fought the evil SSA and fought their bigwigs in a cage match and got your case approved. (When I say "you" and "your" I don't mean you personally, it's a general "you.")
That said, it's worth pursuing.
Bogey
"Also is your Attorney a local Attorney from your city/state? It's very important because these Attorneys go before these Judges all the time. If your Attorney has a bad reputation you will suffer. Look into everything. My Attorney was a previous Hear Judge. He has a reputation of only taking cases that are truly mistakes by Social Security Adjusters. Some Attorneys have reputations of taking anything to Hearings. They work on volume not quality cases. Not saying that's your situation I just think you need to look into everything. If your Attorney is not from you city/state, get a local Attorney. I can't stress enough how having a local Attorney can be the difference between approval and denile."
This is dead on balls accurate.
I'm no expert or claim to be one. I just write from my experience and what I have researched. @Nonny-Mouse. Thank you for giving advise to people who need it and some hope. Being disabled is tough, going through three years of the disability process is emotionally brutal. I learned the hard way and my case worker was very nice. However, she did seem to be very cautions. It seemed she wanted to really help me but her hands were tied. This was during the reconsideration phase. I think Social Security has an image and certain workers don't want to rock the boat. In addition, I'd be a liar if I didn't say during my hearing I saw a lot of people who were faking. Those people ruin it for the truly disabled. Plese keep passing on advise. As you can see, new cases pop up every week .
OMG! I filled out my application online last week. I didn't submit because I needed to complete the "remarks" section. From my understanding this is where you say anything that pertains to your case such as how your illness has affected your day to day life and why you cannot work anymore. I was looking at the specific information they are looking for for each diease process and to addres them in the remarks section. For example, listing my many failed attempts of holding down a job due to my bipolar. The jobs that lasted only a day or a few weeks before I was fired. MY RESTART/REENTRY CODE WILL NOT WORK! Called the 800 number and she said I have to do it again because with out the correct restart number, they can't even pull up my file BUT she asked me all the identifying questions such as my mother's maiden name! Pages and pages of doctors information, hospitals and labs and test. Is this true? The office here called me in last week to sign my medical release forms and told me to complete the application and be sure to submit, so they found it here...looked it up, I guess...What can I do.
I am just so fed up I could cry. I am 25 and have been battling cancer for the last 5 years off an on. Initially when I was pregnant at the time that I was diagnosed with osteosarcoma. And I have gone through SO much since then. I have a prosthesis in my left leg that causes me debilitating pain often, it keeps me from walking a lot of the time, even just to go to the bathroom at night. But my pain doctors and my surgeons just don't know what else to do. They can't figure out why I have the pain, thus they don't know how to fix it. I can't take care of my daughter very well. I am in bed 70% of the time. I have nerve pain in the leg too. Muscle pain/spasms in my back. *Severe* panic, anxiety, stress, ocd disorder and depression. Debilitating Migraines as well (Make me very sensitive to light, sound, smell. They make me vomit and I have had to go to the ER for them before). And I am on TONS of medication that is often sedating. I. Am. ALWAYS... in terrible pain. I LOVED being a chef, it is the only thing I know how to do, I wanted to do it for a long time. But I can't do it if I can't walk! And I have tried other things, but the chemo messed with my brain and I can't seem to understand things like I could before all this. They denied my case because they said I still had arms that worked so I could get a job. But I have NO experience for anything else! I have tried things too, I started my own business trying to make hairbows, but I am often so sick and in so much pain that all I can do is lie in bed and cry and I can't get any of my orders done so it isn't bringing in any money! I want to work. I hate that I have to be dependent on anyone else. But with EVERYTHING that is going wrong in my life right now, everything that is so hard and painful... I would at least like to be able to have enough money to buy clothing for myself and my daughter, to help out with food. To have the hope that maybe someday, I will be able to live on my own with her again. Because right now I don't see how that will ever happen. It is the most disheartening thing in the world to have beaten death but to feel like you are denied what you need to live life. I am so frustrated with everything. And I don't even know if I have the strength to continue with this. I have contacted an attorney and am hoping they can help. I just don't know what else to do :( Thank you for this info. I will keep it in mind and talk to the attorney about it. I hate how people that I know who hardly have anything wrong get a big fat check every month that they spend on makeup and mani/pedi's, but I haven't been able to buy a new item of clothing for myself in 3 years and can't provide for myself in any way. I hate how unfair this system is!
Hosanna, I am so sorry for all of the grief this has put you through. I believe that contacting your state or local Senator may help. You obviously need to be on disability,asap! I will keep you in my prayers. God Bless You.
Hosanna I contacted my State Senator and got results fast. I was so grateful for his help and intervention. I wrote a letter to his office telling him of my problems and detailed out all my concerns. They came to my rescue and I hope you get the same results. Praying for you.
Davadjam, if your having trouble completing your application you can request to do it over the phone. Social Security will call you and fill everything out over the phone. Just write down what you tell them, keep a file for yourself with all your medical reports. You can also try to contact a local Attorney to see if they will assist. One thing I learned is Social Security loves to kill trees. You will fill out tons of documents and they will constantly send you more. Another thing is they will lose your documents and say you never gave them the items mentioned. @Hosanna. I think getting an local Attorney will definitely help you. Social Security Attorneys know how to navigate the system. An Attorney will prepare your your file so Social Security will see your struggles. Both of you need to understand your just a number. The disability process only approves a small percentage at the first level. The good new is nation wide over 70 percent get approved. The bad news is you must fight. When I became disabled, they told me even though I'm disabled from doing my previous job I could do something else. It's a system that's unfair but with a good Attorney you can win if your truly disabled. Just do your research before you choose an Attorney. Good luck.
@ everyone
Thanks for the comments and feedback from everyone.
Hosanna and davidjam I'll pray for both of you. Keep strong and keep fighting. Also, I am nervous.. My hearing is next Thursday the 22nd of march.. 6 days away. I can't believe it's here. I will definetly come home thursday and give a detailed explanation of my case process and also I will try to remember as much as I can about what the judge says and does so I can write about it... Keep me in prayers !!!! Thursday is my big day... And afraaid glad to still see you here!! And hello to bogee and Gary! I'll be in touch..
Good luck James!!!!!
Happy st pats day everyone..
This is your big week James! I will be thinking of you and I pray your case will be fair and the out come is in your favor!
Hey everyone, have read s I have read some of the post regarding contacting your senator for help...can anyone tell me what that is all ab, How did they help you? @Bogey, thanx. I have a phon interview Monday...today. I'm so mad I have to do all this again. Guess I wont complain. God bless.
@bogee
Yes this is my big scary anxious week... Thursday... I'm ready to be there and hear the judges comments and questions.. And try to see if I can tell if he is leaning towards a decision of favorable. My lawyer says they can tell which way he is leaning on a case. I'm excited and very nervous. Any tips for last minute days before hearing??? I don't think I'll be able to sleep all week
Don't guess on any questions. If you don't remember, say I don't remember or I'm not sure. Stay away from 2 words. Never and always. Judges know disabled people have good days and bad days. If your consistent with what's documented you will be fine. Some people think they have to prove there case at the Hearing and exaggerate. The Judges see right through them. Remember, The Hearing Judge has probably read your medical file. He will also have it to check if he feels he needs to. Be respectful. Last thing you want to do is piss off your Hearing Judge. Lastly, be on time. On my Hearing day, I saw people running to there Hearing Room, running down the street from the parking lot. Not good to be able to run yet claim you can't work. Good luck
Thanks for the input. I appreciate it. I'm glad and nervous at the same time. Overall I'm glad my hearing is this week. The long wait time is so draining. Luckily, my wait time for a hearing after it was requested was 10 months. I feel blessed by that alone. I feel bad for people who have to wait 2 years for a hearing. It's not fair. It makes you wonder more questions about our broken system. How come I get a hearing in 10 months? An other people worse off have to wait 2 years or longer? It is frustrating. However, I do recall my lawyer saying they are hiring more workers at hearing offices to move cases faster. I hope the wait times are getting shorter for people nation wide... Anyway, I am trying to stay positive and hope for a good result. I'm worried though.... With panic disorder, sometimes under pressure, I crack , I break down, or have to quickly rush out of rooms to where there are no people. I don't want some bizarre behavioral issue to happen at my hearing. I'm gonna take my klonopin that morning, instead of bedtime so that I'm more relaxed at the hearing office. Also, under panic attacks, I freeze and go blank.. I'm afraid of the judge asking a simple question and me being like uhhhh??? Duhhhh?? Ummmmm?! And not being able to think or recall relevant important information. But, I'm sure this is common for a lot of applicants.. I keep reminding myself to act normal, and relaxed, talk to the judge like he was a friend of mine. Explain my symptoms and problems just like I would to a friend. If I can follow through with this I'm sure I'll be ok.. My lawyer said don't worry if you forget stuff.. It says in my psych records that I have bad recent and remote memory recall. Also it stated that I demonstrate problems with concentration, persistence, and pace.. So I'm assuming, If I get froze up or a loss for words, surely my lawyer will step in or ask a question to help jog my memory.. Wait... I gotta breathe. I think I'm getting too worked up over all of this. I need to relax and be natural like I am at home. And things should work out. I'll keep updating..
Let The Hearing Judge know if your feeling anxious or need a break. When I had my Hearing one of my problems was sitting for long periods of time and needing to stand up and change position. I just had back surgery and it was documented in my file. During my Hearing, I asked The Judge if I could please stand and lean against the wall. My Attorney told me to ask for as many breaks as I needed. He advised me if you claim you can't sit and sit for an hour in front of your Judge it doesn't help your case. During the Hearing, The Judge asked me about my medications and if I took them. She also asked how did I get to the hearing. Since I was under driving restrictions I took the Metro-Rail, which stopped a half a block from the Court House. I feel her questions were to see if I was following my doctors instruction and my actions proved I was. When you have your Hearing just look at some of the people there. You will have a better understanding about the system. When I was there I saw a lot of fakers. Those people and the Attorneys who take those cases make the truly disabled suffer. Just have faith in your doctors and Attorney. The Judges know which doctor and Attorneys have respectable reputations. Once again stay positive and good luck.
Hi,
I have a real problem... I have been on disability for years, however recently they discontinued my SSDI and I am getting just SSI they say due to an overpayment. I'm a nurse and tried to go back to work and of course I made over what I apparently was allowed to make. I only worked for a month and realized it wasn't possible for me to continue. I mailed in an appeal, a waiver and a reconsideration all of which appear to have been ignored or lost and not put in my file. When I called my local office for a status update I was informed they didn’t have them on file, so I hand delivered them. Now that they can see the dates on the forms they should reinstate the SSDI as their own rules state they do not start to collect an overpayment or make any change while there is an appeal or a waiver on file. Can anyone give me some advice as to what I can and should do from here?
Charmer. I'm no expert or Attorney but I have seen your allowed to earn up to $900.00, per month. However, if you earn money I think they off set your payment. I would contact your Attorney if you had one. As far as them losing your mailed in papers, I'm not surprised. I know when I say this I make Nonny-Mouse mad but in certain city/states papers mailed in disappear. I know the forms are scanned and even have a bar code on them but, I have had problems with delivered paper work and heard a lot of people say the same. I wish you good luck, maybe someone on this Hubpage will be able to assist you more. I do have a neighbor on regular Social Security and she cashed out a 401k early and they reduced her benefit until everything was resolved.
Tomorrow is the big day.... Nerves and anxiety and happiness all at the same time.. I don't know if I'll be able to sleep tonight. The night before hearing
Must be tough for everyone. Keep me in prayers!!! I'll check in later tonight, and tomorrow before I go too....
Good luck James!!!!!
Thanks Bogey... i think i'm going to have a fight on my hands.
@justworker
I have worked full time since 16 years old until I became disabled. I have more work credits at 31 years old than most 40 year olds.. If I was a scammer I would have never worked and applied for ssi at 18 years old. But i love to work. Thank you. Also at my job, I made about 1600 a month. There is no reason why I would trade that for a lesser amount. My job was a healthcare worker. FOr the most part it was easy. I am no longer able to perform work or I would. However, I have nothing to prove to you. It sounds like you just want to pick on people who are down on thier health. I have 3 doctors that I've seen for long periods of time. They say in thier professional opinion that I am disabled. So I could care less what you think. I have paid into the system just like everyone else in this country has. I think sometimes people like you are bitter and jealous, and stuck at a miserable job. Well here is some advice. Don't be jealous of someone on disability. It's a poor hard life and you barely scrape by. Instead of being bitter and jealous, why don't you better yourself, get education, or simply change jobs. You obviously
Have something missing in your life to worry about disability applicants true intentions. I hope you find a better way to spend your time. Maybe doing something positive? And also god forbid, your health suddenly fails one day, and someone tells you, your fine justworker. I think your a scammer, looking for the easy way out. I'll tell you this is not the easy way out. This is a battle. Go away if your negative. We are here for positive input and support.
@charmer
Hi charmer! I am not an expert of any kind. But I wanted to give you some input. If I was in your situation, I would look up a rfc form for physical and or mental health. I would have my doctor fill it out for you. Hopefully your getting continued regular medical treatment, and your doctor will write your limitations on the rfc forms. I would give these current recently completed forms to social security in person and get copies back. I think this would be a helpful document to help your current status of still disabled. Like I said im no expert, ask an attorney, but my lawyer has told me, it's very important to see a doctor every 60 days at least. When they review your ssdi, for a continued claim, if your doctor visits are very infrequent, like 2 or 3 times a year, they will drop you off ssdi when they review you. So continued and current medical treatment is crucial, even after someone is approved. I hope this helps.. @ everyone,
Tomorrow is my hearing. I can't sleep. But it's okay, I have insomnia, and I can't sleep a lot of nights. I usually take fragmented naps through a 24 hour period. Anyway, I'm nervous.. But I'm hoping for the best!! Keep me in prayer!!! Thanks so much!! I'll be sure to report everything after my hearing!
Good Luck at your Hearing today. I'm sure your Attorney has you prepaired,
Hi thanks bogee. Good morning to all! I did get a few hours of sleep. Now I'm slowly getting around and ready. The hearing office is less than 1 mile away, as I live downtown. I'll report back after my hearing.
Good Morning everyone:
I am coming to all for some advice. Yesterday we were served with papers that we will be evicted in 28 days. I still have no money and Social Security is being very nasty about giving me my back benefits, which could make a difference in this case. I have contacted my State Sentor and his office can not help me, but will help our family. Please tell me what I have to do to get this money in my hands,
Thanks all
Afraid888
Dear readers, this is a place for us to help and support each other. If you're here just to make trouble, don't waste your time commenting. Any nasty comments will be deleted.
To the rest of you, know that I'm praying for all of you! And if you're a praying person, send up a big thanks for Bogey. He's the backbone of this forum!
@everyone
Well my hearing is completed. There was a unique situation, the vocational expert was located in another state, and was there by telephone conference. The judge only asked me a few questions. Name, address, age, birthdate.
At one point the judge asked me how do my symptoms prevent me from working. I started to explain all of it. At about the middle of my story he stopped me from answering further. He then said to my attorney that he had a good idea of my impairments from the exhibits in my file. Also he told my attorney that he did an excellent job gathering rfc forms and medical and mental treatment notes. The only part that was scary for me was the vocational expert. At step 4 the VE clearly stated, the claimant absolutely could not return to his past relevant work. The judge said just to clarify, with the listed symptoms and impairments and the rfc forms, you are stating in your professional opinion that the claimant could not return to his past relevant work of a Cna. The VE said again, no he cannot perform his past relevant work. Then after that the judge said considering the claimants age and impairments , is there any work that the claimant could perform in the national and regional economy. The VE said yes, he could be an envelope addressor, or a table worker. The judge then asked are these job listings " something I couldn't understand what the judge said " or are these just samplings? The VE replied these are just samplings. So then my lawyer said given the claimants mental impairments combined with the physical impairments of sitting less than 4 hours and needing a sit/stand option, would this erode the vocational base? The VE replied yes it would. He then crossed out one of the two jobs that he wrote down. Then my lawyer asked given the claimants impairments combined with 3 or more 30 minute un scheduled breaks per shift and calling in to miss work due to physical or psychiatric symptoms 3 times per month or more, could the claimant perform other work? The VE said with missing 3 days or more per month? The lawyer said yes that's correct. The VE replied no he could not perform other work. Then the judge said also on the mental health form it specifically states that te claimants impairments are expected to last longer than 12 consecutive months. Do you thin that the claimant can seek work and be competitive in the national economy. Again the VE said no the claimant could not compete in the national economy. At that point the judge let the vocational expert off the phone. The judge said I will review the information presented here today including your testimony and the testimony of the VE and you will receive a decision in the mail. He thanked me for being present at the hearing. My lawyer then said you can go out in the lobby now, I'll talk to you in a minute. I was worried and very upset. I cannot address envelopes or do table work 8 hours a day 40 hours a week.
My lawyer then came out and said don't worry, I believe you have nothing to worry about. He said all of the work questions are hypotheticals, and I didn't see it, but the lawyer said, did you see the judges look he have me? I said no.. The lawyer said, when the VE said he could do envelope addressing or table work, he said the judge looked at him (my lawyer) and kinda smiled and rolled his eyes like a "ya right" kinda look. He said he truly believes the judge will find me disabled. He also added that this praticular judge never ever gives a bench decision. So he says he will be very shocked if I am not approved. So now I wait for my hearing letter. The thing that worries me is the VE saying I could do other work such as letter addressing or table work. The judge asked something like are theses specific? Or samplings. The VE responded samplings. Then on all the hypotheticals, he said no I couldn't do work under those impairments. So, it kinda gives me a mixed message... Maybe I'm being over paranoid. What do you make of this???? I'm al upset and anxious and worried about my decision now.. It seems favorable but?? I don't know if the VE f***** me over? Please comment
James it sounds like the VE proved to the Judge that you can't work a 40 hour 8 hour a day job. The fact the the Judge cut off the VE from trying to find any type of work that actully exisits is a very good thing. Now your Judge can put your medical findings state your disabled and the VE agrees there is no work for you to do on a consistent basis. Remember your Judges opinion gets reviewed by his boss. Since the Judge agrees and the VE agreed with your Attorney's cross examination along with direct questions by the Judge, your going to win your case. It's just a matter of numbers now. They will decide how far back to go. Probably the day you filed but they could go back further. It sounds great. When ever a Judge cuts off a VE it's because he or she believes in your case. The Judge doesn't want to give the VE a chance to screw you. My Judge dismissed my VE after I spoke. She only heard me, the doctor and made a bench decision. I'm very happy for you. Keep us posted. It should tak a few weeks to a month to have a decision letter. Fully Faverable!!!!!
James. When I had my hearing the only people in the room was The Judge, my Attorney and me. The VE and Medical Expert were on a speaker phone. I didn't know it at the time but after I spoke to the Judge she asked my Attorney if she could call the Medical Examimer out of turn and my Attorney said no. She then excused the VE and asked the Medical Examiner if he heard my testimony and he said yes. She asked him based on my testimony and my medical file do you find me disabled. He said yes and gave her my list of impairments. She told the doctor thank you and said I'm going to make a bench decision and asked me to please step out side and told me everything is going to be ok. Later my Attorney told me he knew I won the second the Judge dismissed the VE. In your case your Judge can now support your medical findings with VE not being able to place you into a job. Give your Attorney a call and ask him, he will tell you. The Judge didn't want the VE to find any type of make believe job for you. That's why the Judge got rid of the VE as soon as the VE agreed you can't work. Hang in there.
I meant to say my Attorney agreed to let the Judge call the Medical Expert out of turn.
Habee. I made a promise to you that I would not be selfish because I won my disability case. You and your Hubpage were the one positive parts of my life when I was fighting Social Security Disability and recovering from spinal surgery. I owe you for being there for me and the best way to repay you is to help your followers. If I can provide some advise to help someone avoid going through what I went through, it makes the time I spend responding to writers worth every moment. Your Hubpage provides so much information and hope to those who need it. We all know Social Security's Disability is complete mess. We are perfect examples, you and I achieved our disability approvals in such different ways, even though we have similar injuries. So if I can assist our disabled friends navigate through Social Security's Disability process from my experience and you can help people prepare to avoid my mistakes, maybe one day those in need will receive the help they deserve not the frustration they receive. To all of Habee's followers, use her advise and don't hesitate to ask questions. There are enough followers to not only respond but they have probably experienced what your going through. To everyone who is going through the process your not alone and you have support.
Afraid. I would contact your Attorney. He can probably assist you or get you a foreclose Attorney to get your eviction postponed. With your Disability Approval letters I'm sure a Judge and the bank will give you an extension. You may have to sign an agreement, allowing them to take part of your lump some to pay for what ever is past due or you may be able to get your loan modified. Now if your renting, I'm sure you can get a hearing before a judge to get an extentsion. You will probably have to do the same with your lump some because the land lord is going to want to get paid. Either way you need to get in front of a Judge ASAP!
More worry and aggravation. I'm worried that the voc expert blew my case by saying I could do an envelope addresser or table worker. Although with 3 hypotheticals after that and questions about job attendance, he said I couldn't do any work considering the hypothetical questions.
Then my lawyer tells me I should hear something in may. I called the hearing office after I got home to ask about my decision letter time frame. They said it can take 3 to 6. Months to get a decision letter. They said sometimes its faster and sometimes it's even longer. So now I worry... Will I get a decision in 1 or 2 months?? Or will I be tortured for 5 or 6 months.. And I'm uncertain about the denial or approval. My lawyer said he will be very shocked if I'm denied. However I think all attorneys, don't want a client to lose hope, even if they know they may not win. I'm very confused and flustered. It's like bogee said, they throw that step 5 in there just to f*** with you.. So I don't know what to gather from this. Also while my attorney and the judge were speaking to the VE I wanted to add some facts that they weren't including in my hypothetical questions. I raised my hand and the judge shook his head no real quick and waved towards me in a motion to put my hand down. So to me this meant, he didn't want to hear what I had to say.. Or perhaps he already had a firm decision in mind and didn't need to hear anything else I wanted to add. So that confused me.. Also I was not asked anything about my medication side effects, was not asked anything about sitting standing walking cooking or cleaning, was not asked anything about my daily activities.. Just seemed like I wasn't questioned much, and I feel kinda un easy or uncertain about this. Do you think the judge waving his hand and giving me a shhh don't speak motion was a rudeness thing ? Or he already was leaning towards a approval and didn't need me to say anything else in front of the VE? I'm so confused. It all happened so fast and now I remeber little bits and pieces. It's confusing and frustrating. :( keep me in prayer. Let me know what you think of these actions. I hope bogee is right that I'll win my case. I just hate that the VE said I could do other work but then the next few questions he said no he could not perform any work in the economy.. So it feels like a mixed message???!
James. First Attorneys never like to say you won just in case you don't. Now spin what he told you around. He said he'd be shock if you didn't win. That's how confident he feels. Also, your Attorney has probably gone before this Judge before. He knows when the judge is going to deni a case or approve it. The part about the Judge wanting you to put your hand down. I look at it like this. The Judge saw your medical file and probably knows your doctors on a professional level. The judge believed in your disability and he just want to get the VE on record saying he can't place you into any work. The Judge not letting you speak was to protect you from excuse my expression, stepping on your dick. Remember, the Judge has to write a very extensive report to approve you so he needed the VE to make his report complete. Trust me if the Judge didn't believe in you, he would have let the VE go on until he found you a job. That didn't happen. Your Judge read your file before the hearing and knew he was going to rule in your favor. He just has to go by Social Security's rules and allow the VE to testify. From what you have said it appears your Judge was on your side and he heard enough from the VE to justify your disability. You don't need to worrie. As far as the time line, I forgot in you case the judge didn't make a ruling yet. So it may take a month or longer. They are usually quicker then anything Social Security does. Try to relax. This summer is going to be stress free.
To all who read my posts, I writing from my experience of going through all three levels of the disability process, from what people have posted and my own research. I'm not an expert just a person who is here to pass on information from what I've experienced. I tend to bash Social Security Disabilty. My reasons are many. I've caught them lying, they have lost my medical documents, they have treated me like garbage and they put me through hell. Those are just small portions of my distrust for them. So when I post be careful or do trust anyone, it's from my experience. one of our followers has said they pay for records and can't lose documents because they are scanned. I dispute this and here is why. Yes they scan records but when I have sent records they never scand them therefore, they never made it into my file. Second, it's been said Social Security will pay for records but it was also said some doctors offices are difficult and the dollar amount was up to $25.00. Now my medical file was over 1000 pages. I had to pay out of pocket for all of my hospital reports and some of my doctors reports. My case worker told me to my face, Social Security is not going to pay hundreds of dollars for my reports. So I obtained them myself made copies and hand delivered them. When I reviewed my file a quarter of my medical reports were missing. So to all who follow, my advise is for your protection, based on my experience. Thanks for your time and keep fighting.
@bogee
Thanks for your continued support. I feel better about all of it today. I'm tryin to keep my mind busy and not dwell too much on my decision. At this point all I can do is wait on a decision letter now... I hope it arrives within the next 6 weeks at the longest!!
Thanks Jamestulsa and good luck with your case... it sounds like you have nothing to worry about.
Bogey I feel for your pain and distrust of Social Security. They lie to me as well. Whenever I ask questions I always get different answers. No one really seems to know what is really going on. We contacted a lawyer and it seems the people trying to hurt us have made a big mistake so this might all come out in our favor.
Thanks for being there for me and supporting me when others will not.
Afraid. It's my pleasure to help. I won my case almost 2 years ago and I still have problems with them because they gave me Medicare and I have Avmed from my previous job. Since I now have 2 health insurances Medicare becomes my primary. Well they refuse to cover some of my medical procedures and fight with Avmed over who should pay for my two surgeries. When I had my surgery I never had Medicare, I was approved after my 2 surgeries but it was back dated, so the day I received my Medicare card I technically had Medicare for 2 years. It never ends. It's not funny but my wife who is under my Avmed Plan has better health care then I do and I have 2 insurances. Try to figure that one out? I just look at life like this. Many people are worse off then me. God bless everyone!
@bogee or anyone who might know..
If I am approved, which I hope so.. I will have ssdi. Off work credits. I hear that you can decline Medicare if you want to. If you decline it, can you get Medicaid from the dhs or free? Or are you only eligible for Medicare if your on ssdi? Also can you opt out when it starts and opt in later? Like an open enrollment period?
I think Medicade is only for people not eligible for SSDI. Also you only become eligible for Medicare after two years of disability. For instance, if you became disabled in June 2010, and the Judge agrees you won't be eligible for Medicare until December 2012. Your first six months are not used so your two year wait would run from June 2010-June 2012. I don't know if you can opt out. I know when they offer me parts of the Medicare program I have to pay a penalty if I choose the options at a later date. Those are questions I would go over with your Attorney.
I understand.. I definetly need insurance an will take it ASAP. But I know some people on ssi. Supplemental security income. The kind of soc sec for people with no work credits. They only get about 740 a month. And they get Medicaid. Get this thier doctor and specialists co pay are 3$ per visit. Plus they get 6 free prescriptions a month, maybe a 1$ co pay on the real expensive ones. The 2 people I know on it tell me it's excellent insurance. So i am not bashing anyone on disability. But it made me think.. Wow... People who actually worked and have work credits ssdi have to take Medicare. They are charged higher premiums and 35-50 dollars per specialists. They have shady prescription coverage if any, an they get anywhere from 49$ to 180$ deducted automatically from thier ssdi checks that they worked for and earned work credits to get that money. And the people who never worked at all or hardly any and are on supplemental security get free Medicaid and have no premiums deducted or anything else.. It's just another example of how people who try to work thier while life get screwed. I think all disabled people should get the free like style Medicaid. However if someone should have to pay for coverage, they should make people who never worked pay instead of penalizing those who worked. Again, I'm not downing anyone. It just seems like If you worked they want to take more money back from you to reduce your overall monthly benefit smaller. And if you didn't work you get to keep your whole check each month with no deductions and you get virtually free health insurance. Another example of a broken system. All disabled should have a Medicaid option. It don't seem fair. I hope I don't sound rude or krass. It's just a thought that I have been wondering about. Does anyone else understand or see what I'm sayin?
James Medicare is deducted from your monthly benefit and you pay $185.00 per year no other co-payments. That's parts A&B. If you get part D it covers your prescriptions. Now the only problem with Medicare is if you need to have surgery, they only cover 80 percent. That's why people need to buy a supplemental policy. It's messed up that people on SSI get food stamps and Medicade covers more but that's our messed up system.
Oh I see. I thought it was more like 185 per month for Medicare.
So on a monthly basis they only take like 20 bucks? For parts a and b ?
I guess my mom has me confused. She says that she has Medicare and Humana. She said Humana sucks. She says supposedly she has to pay 35 to see her regular pcp and 50 each time to see a specialist.. I don't know if this is because of Humana or if she don't have Medicare a and b? But anyways i will be sure to select any plans or options very carefully. I heard it can be a nightmare trying to get your Medicare and supplemental insurance picked and straightened out.
It's very confusing. Is your mom on regular social or disability? When your on disability, Medicare becomes your primary and you go by the rules they have not any other company. It's good and bad. If your doctors takes Medicare it's good. However, Medicare doesn't cover some medical procedures. I have had some issues because what my insurance once covered, Avmed, Medicare won't cover and now they are my primary and Avemed is my secondary. I had no choice, it's the way medical health plans are. Hope this helps.
Yes. This helps. I hope my decision letter comes soon!!!
Just saying hello to everyone. I hope all is going well. Those who continue to fight are in my thoughts!!!
@Jamestulsa I prayed for you on the day of the hearing and I gotta say it sounds good. Really, REALLY good. And I would NOT say that if I didn't honestly think you've probably got it.
As far as why the judge waved you off at one point, it was probably to help you. Sometimes the best thing you can do is keep quiet and stay out of your own way. People get too chatty and can literally talk themselves out of an allowance at times -- ESPECIALLY with mental claims.
Gotta go for now. I'm pullin' for ya, man. Seriously.
Howdy, all! I'm so glad I wrote this hub, and I'm even happier that so many - especially Bogey - have pitched in to help. It does my heart good to see people helping others. Aside from the rare nasty comment (which I delete), everyone here seems supportive.
James, I'm holding my breath while awaiting your decision!
I've noticed that most of you are praying folks, and I believe in the power of prayer. Please say one for me. I'm having new issues with my heart, and I'm awaiting my latest cancer test results.
God bless,
Holle (habee)
Habee I'm sorry to hear that:(. I will keep you in my thoughts and keep supporting everyone, specially you. I pray everyday for those who struggle with life and thank god for giving me the strength to be strong for my family and be apart of this special Hubpage.
@anonny mouse
Thanks for your support. When you first came here nobody knew if you were for us or against us. However I appreciate your support. And in my own defense to everybody (not that it matters) I have more than enough work credits for 31 years old. My date last insured is 2016. So I have 8.5 of the last 10 years was 40 hours a week or more. I know I don't have to prove anything here, I just want it to be known that I was a worker.. Lots of overtime too.. I'm not just some lazy punk tryin to get supplemental security income because of insufficient work credits.. But again thanks for all the support.
@ bogee and habee
I'm no angel. I have done some wild things when I was young. No drugs or law breaking. But I'll just say I wasn't a perfect little "bible thumper" lol. And I do not attend church or read the bible hardly ever. But I'm saved and baptized and I try to pray about my life everyday and I pray for others. I think prayer is good for the mind, and I believe god listens. But habee I said a prayer for u and everyone on this forum. I personally think its important to pray for our government and economy and our nation and where it's going.. I sometimes forget to pray. But I'd say it's at least 4-5 days a week I don't forget.
@ Gary and afraiid.
Hope you guys are doing well too.
@everyone
I'll be sure to keep updating. And when I get my letter I'll be sure to post... If im not to scared to open it.. Lol
@jamestulsa I am definitely on the side of those who are truly sick. I went through SS hell with my parents. The day my dad got his approval letter was one of the happiest days of my life. That man was practically born without tear ducts, he NEVER cried ... but the day he got his approval letter he called me, crying, when he saw how much his back pay was going to be.
The more legit someone is, the easier my job is because they're going to the doctor regularly and everything is already documented. I have several levels of managers breathing down my neck to get cases done as quickly and as accurately as possible and they want me break the laws of physics to do it. Approvals generally go faster than denials, believe it or not. It's the people who haven't seen a doctor in years (not because they're poor, but because they're healthy) and then apply and throw in everything but the kitchen sink that have cases that drag on for months at a time. It's harder (and takes longer) to prove someone is NOT disabled than it is to prove that they are - and the burden of proof is on SS (in theory, anyway).
It's the cases where someone has just up and decided they're tired of working that drive examiners crazy. (You'd be shocked at how many people waltz into their doctor's office and say something like "I'm getting divorced and I need steady income, write a letter saying I'm disabled.") Many, many MANY people treat SS as simply another means to having income and think "I need money therefore I should be approved." NO, not everyone who has filed for disability is like that but the ones that are are clogging the system like you wouldn't believe ... because of this, those who are legitimately disabled end up having to wait longer for their decision because their examiner is too busy dealing with bogus cases to get to theirs. (Oh, and the non-legit people are the ones who are calling every day and/or complaining or threatening to sue you, the state, SS and the Pope.) This is also why people have to wait so long to see the ALJ -- for every 1 person who goes before the ALJ sick as a dog you have another 4 who are showing up to their hearings trying to get the judge to give them a check because they had to have their gallbladder removed 3 years ago.
One thing I want you to check out:
http://www.okdhs.org/programsandservices/health/me
You may be able to get help from the state paying for your Medicare B premiums (most states call this either SLIM-B or QI-1 if memory serves) ... and if you do, you'll automatically get help paying for your Medicare D plan (depending on the price of your D plan, they may pay all of it or just part of it). There is also a special medical card (I think most states call it QMB) that will pay your Medicare B premium *AND* take care of the 20% or so that Medicare doesn't pay for (I think). I don't know what the income/asset limits are but they are definitely worth checking out. The worst thing they can do is say you're not eligible.
This site is a good one to help you pick a part D plan, just plug in your meds and it tells you who covers what in your state:
http://plancompare.medicare.gov/pfdn/FormularyFind
Re: your Medicaid questions ... if someone gets SSI -- even if it's $1 of SSI a month, they automatically get a full coverage medical card regardless of what state or territory they live in. It's federal law.
If you are drawing ONLY SSDI -- welcome to Medicareland, where the coverage isn't nearly as good and you're probably gonna pay your own part B premium (last I checked it was around 90ish a month). You can decline Medicare, of course (I wouldn't), but doing so won't get you a medical card.
No, it's not fair. The system absolutely positively punishes people who work. SSI will be what eventually destroys SS for good, not SSDI.
Thanks for the links and support
If I'm. Approved and get Medicare I have saved those links. Appreciate the help.
Hope everyone's had a beautiful day. Today it was gorgeous sunny and 75 all day long!
Saying Good Morning to all:
just got my back benefits check and the world seems different. I feel better and so does my family. Bogey, Habee and everyone else that prayed for me and helped me through this, I send my love and hugs to all. And to everyone else waiting for their good news, just keep working at it and you too will have your day as well. I know it seems cruel but we are stronger than this.
Affraid. Congratulations! Just curious. How long did your case take from start to finish?
Yayy afraiid!!!
I'm so happy for you!! Always remember continue seeing your doctors regularly!! Preferably monthly or at least bi monthly.. My lawyer (former social security judge) says once approved, never go over 60 days without being seen by a physician, he said on a continuing disability review, going longer than 60 days between doctor visits shows "improvements" in social securities eyes. Just a suggestion. Again I'm no expert. Just repeating info from my attorney.
I hope life is a little easier now and you can focus on your healthcare and treatment!!!! Congratulations again!! Please keep me in prayer too! I am currently waiting on a decision letter from my march 22nd hearing. If I don't have a letter by may 22nd I will call te hearing office an ask for an update!
Glad to see everyone here! Your all in my thoughts
To all you guys who have won or are about to win and you receive Medicare, it's up to you to notify your doctor on your first visit. Make sure they enter it if you happen to have a previous Heath provider, because doctors offices are very disorganized and will send bills to your previous health provider and the bill will get denied. This is very common and my Attorney warned me about this problem. I notified every doctor, they entered me as Medicare and Avmed. This was in 2009. To this date, some of my doctors show me Avmed first, some Medicare. I get bills denied all the time in the mail and collections companies sending me letters. I just respond back with copies of both my insurance cards and tell them if you want to get paid, conntact these to health providers. The funny part is my Avmed was great before I received Medicare. 20, with Avmed, never a problem. Problem is when you become disabled Medicare becomes your primary. For some of you this is very important. First. Medicare only covers 80% of certainty procedures. Your responsible for the rest. Second. Medicare only cover 12 physical therapy visits per year. Avmed covered 60-90, Lastly. Not every doctor takes Medicare because they are very slow to pay and difficult to deal with. Call your doctor and check. Hope this helps. Remember, just because you win your case you don't automatically receive Medicare. You must be out and considered disabled for 2 years before Medicare is sent to you. So if you were found disabled in December 2010, you won't be eligible for Medicare until December 2012, hope this helps. Good luck.
Ugh.. 120 am.. Can't sleep tonight. I'm kinda anxious and nervous awaiting my decision by mail.. Once I am 60 days past my hearing, if I haven't heard anything yet, I will call the hearing office and politely ask about the status of
My case.. But this waiting sucks so bad.. This waiting feels worse than waiting for a hearing date. It is like I've waited all this time for the climax.. The hearing. Now it's came and went.. Now this next level of waiting.. It's just awful. My resources are gone. Savings loans , friends support, it's all gone.. The few people who are close to me are getting aggravated too. Tey know it's not my fault personally, but they are losing patience too.. I sure hope for a miracle and a quick swift approval letter sent out... Please keep me in prayer as I wait for this letter.. My mind just will not rest sometimes.. It stays wound up waiting in this decision letter. However, I dont wanna sound selfish or ungrateful. I know
Many people are still waiting for a hearing date.. So I'm glad
Mine is done and over.. I just hope the decision comes within 60 days or
Less.. Once I get a letter, if
It's an approval, I won't even worry too much about when the benefit will actually
Start.. I just wanna know I I'm approved or denied.. After I know that, my mind can relax.. Hopefully. But I'll keep posting and I appreciate everyone's support. I hope all is well for everyone!!! Talk to all of
You soon!
I received my award letter today and as soon as the pay day comes I will do as Bogey suggested and find a lawyer to refile for me for Medicare. I am grateful that I was approved on my first filing but was not awarded Medicare, and I am 63. Since that initial filing I have found out I have had another problem that my PREVIOUS doc never tested me for. I now have results of those tests, performed by my neurologist, in hand and am ready to go. A word to the wise, if you suspect another problem, INSIST your doc perform the needed tests to diagnose this problem. I have worked as an RN for over 30 years and just took my PREVIOUS docs opinion. Your instincts are better than your docs! He isn't suffering you are. Bogey's advice has been a guiding light for me and he did battle for a long time before beating the beast. Listen to him, I did and am so grateful to him. God bless all of you in your fight.I pray each of you will be successful in your efforts. This is a wonderful site and I was blessed to have found it and I still may need advise in my further fight so I may be back. Nancy
That's great Nancy! Hope your Attorney can get Social Security to go back two years from your disability date. Once your disabled two years you receive Medicare. Good luck. I only received Medicare immediately, because my case took so long and I was well over the two year waiting period. I'm happy for you Nancy. Money doesn't make pain go away but it will help you with living and paying your bills. Bottom line. You said it best, it's your money. You pay into a system and when you need it to survive they spit in your face. I added the spit part:). Please continue to follow this Hubpage. It's a great feeling to know your struggles may have happened for a reason and the wisdom you gained may help someone. I know from the feed back when someone gets approved I get the feeling I just received my letter of approval. I have been on this Hubpage for almost three years and I can say being strong, not giving up and following the good advise this site offers is very rewarding. I'm no expert, just someone like everyone on this site. I don't make money doing this. I do this because when I had no place to turn, this site and the people here gave me hope and support. No body from Congress or the House of Representatives gave me any assistance. Funny, I receive e-mails from all of them now. They want my support for re-election. The only person who contacted me was Govenor Rick Scott of Florida. He sent me a list of people to contact for assistance. Funny part is I didn't even vote for him. Well, I'm very happy Nancy for you. It's great when the broken system works. To everyone else, keep fighting and stay strong. There is a light at the end of the tunnel. Nancy and Afraid are proof. Documenting everything, good doctors and an Attorney from your city/state with a good reputation are my advise to all. God bless everyone!
I have spinal stenosis in my lower lumbar (also my upper back, but no MRI to prove that). I am 59, high school diploma and unable to walk, sit or stand for more than 15 minutes without an increase in my constant level of pain, numbness and tingling.
My attorney just told me to cancel my scheduled appointments with the SS doctors. She said that having a 'puppy mill doctor'whose job it is to deny you benefits will give the judge another piece of info to deny me. She said she would call SS and tell them I request MY docs assessment be used.
I'm afraid to miss my appointments, but she does make sense. Could you give your opinion on this issue?
p.s. I also have my congresswoman involved. I would recommend this to anyone.
@Lookingatpoverty. How do you know you have spinal stenosis without an MRI? It's important to have solid medical documentation. MRI and Cat Scans are very important. Also having a doctor who is a specialist in this area, Neurological or Orthopedic. As far as not going to your scheduled Social Security Doctor appointment, I think that's a bad choice. Social Security can drop your case for any reason. Missing a scheduled appointment can mess your case up or have it dropped. I'm not an Attorney but read Social Security's web site. They explain what is expected of you. I believe when you first fill out all the paper work in the beginning, they tell you it's your responsibility to follow all the rules and dead lines. I have had people get thrown out of the Disability process for not filing paper work within the proper time frame. Like I said I'm not an Attorney or expert but I do know you don't want to give Social Security any reason to deni your case. You can also go to Google and research your question about not going to a scheduled doctor's appointment to see what other people suggest. Also, research your Attorney. See if she has a good reputation and is successful. I dismissed my first Attorney and it was the best thing for me. My second Attorney was a former Social Security Hearing Judge and his reputation was outstanding. That being said, he did things other Attorneys don't. My Attorney never had my doctors due a Maximum Medical Improvement Form or MMI on me. He took sworn statements using a stenographer going over my entire medical history and how it not only makes me disabled but what my future medical outlook is going to be. What my Attorney did was put an MMI Form into a sworn document for The Judge. Remember, doctors might be brilliant but they all write like garbage. This statement took his expert opinion and treatment of me and made it simple for The Hearing Judge. Judges like things a certain way. Making them happy is important for your chances. Good luck, hope this helps.
Congratulations nancy!!!!!
I'm very happy for you!! I too, think bogee is wonderful! He is a great support. I hope you receive your Medicare too..
@looking at poverty
I'm no expert or attorney but it clearly state on the social security website that missing a scheduled consultative exam by social security can be viewed as un cooperative and can be grounds to deny your case. It worries me that your attorney does not want you to go to this. I think most attorneys would like your own doctors assessment and would tell you to go to ss doctor too.. I would make sure my attorney is local In your city. If they are, I would almost ask the second opinion of another local attorney in your city. I can almost guarantee if you call social security, or thier local odar office, and tell them what your attorney wants you to do , they would likely strongly advise you to go to any scheduled consultative exams, or risk an instant denial for not attending. So please do your research. I hope it works out for the best.
@everyone, glad to see you all here as always. This is a great forum and it's refreshing and reassuring to visit here. I look forward to being a part of this hub for a long time! Good luck to all who are still fighting. And to those who have already won, I don't wanna sound pushy, but KEEP seeing your doctors REGULARLY!! At least bi monthly. There is a lot of stories here in Oklahoma of strict harder than usual reviews of continuing disability. My attorney advised me once you win, you must continue regular frequent medical treatment, and be sure to tell your doctor your side effects of meds and how your disabling conditions continue to affect your daily functioning. My attorney also said, ask your doctor to note and document your side effects and your daily limitations from your ongoing conditions. Now, everyone has thier own method of how they pursue thier healthcare.. But social security is always looking to kick people off the program. Don't be the person who gets dropped because of less frequent doctor visits. Maybe anonny-mouse has some insight on continuing disability reviews?? Anyways, stay strong everyone!! And I always have you guys and this hub in my thoughts.
Bogey: Sorry if I was unclear...I have had an MRI on my lower spine, but not upper. No insurance right now, but a doctor who is seeing me for a minimal fee (bless him!) I am diagnosed with stenosis from the MRI.
I AM uneasy about my lawyer's advice and have tried to research her with little success other than an excellent BBB record. My attorney (also a non-practicing physician)has been in business here for 20 years and not even a yelp on her.
She takes every call and she has never once been impatient with me. She seems smart. Her reasoning for me not attending the appoinments (other than those mentioned) is that 'I look too smart and healthy', as I'm not overweight and still have clothing that isn't in shreds, I guess...I'm going to call her tomorrow and tell her of my concerns.
Thanks for responding. I'll try and call another lawyer, as well, and let you know what I find out.
@Lookatpoverty. I looked on Google last night and it was very clear you must attend all scheduled Social Security Doctor appointment. To go one step further you can't miss anything they schedule. I would hate for you to have your case thrown out and you have to start the process again. Looks don't mean anything. A person missing a leg when wearing pants looks just like someone with two legs. I was in perfect shape when I went to my Social Security Doctor's appointment. On the outside. I just finished having hip surgery in April and had my Social Security Doctor's appointment in June. Now once the doctor examined me, she saw the scars and used my MRIs and doctors reports. I also had spinal surgery. If you look at me,I don't look disabled. If you look at my medical file, you will see a different person who has more screws and metal parts then a Toyota. I was also 41 years old. My Attorney not only told me to go, he told me to write down everything the doctor asks and does. He told me don't write it in front of the doctor but remember everything and write it down for him. If you read Habee's introduction, she says it best. Be honest and don't over exaggerate. In your case I'm going to add a couple things. First your age 59 is on your side. Second your back condition eliminates half the work Social Security can place you into. Any physical labor. Third your education combined with your age. What are they going to retrain you to do? Finally your lower back condition makes sitting, walking, bending, standing and twisting very difficult and it's painful. That's the rest of the work areas. I feel you have a very strong case when you consider all the above mentioned. I don't know why your Attorney wants you to miss an appointment. You really need to be careful. Also if you go to the Social Security Doctor, dress humble. I wore sweat pants, tee shirt and flip flops. They document everything about YOU. You walk in with 4 inch heels and a tight skirt or sweats and flip flops it's going into you file. Let your medical evidence speak for you. Good luck.
Okay, Bogey, I called and spoke with my attorney and told her I was stressed about not going to the SS appts. She told me to go, that she suggests this option to all her clients because the SS doc are there to deny us and their assessment gives the judge something to use for denial of benefits.
Your advice on appearance was the same as hers (thanks for that) and she went on to say that I needed to make sure I stress what I CAN'T do, not what I can do. That makes sense, too, and I will do that.
I find it so frustrating that up until last year, I was able to work with a few incidents a year and then, like a switch turned on, my pain became constant. It's been a fast fall from normalcy.
I am keeping everyone on this board in my prayers.
@everyone
For anyone here who had a hearing or know someone who has.. How long did it take you to receive your letter of decision after your hearing???
@bogee
Do you know anyone who didn't get a bench decision, and how long did it take them to receive thier letter?
@Lookingatpoverty. Yes Social Security Doctors stink but mine actully agreed I was disabled. The Adjuster for Social Security denied me. The bottom line is if your denied by either your Attorney will be able to use your Doctor and medical evidence to make them look like fools. That's why so many cases are over turned at the Hearing Level. The Judge gives your doctor much more weight then Social Security's Doctor. Remember, your Doctor has been treating you for a very long time. Social Security's Doctor will see you one time and use your Doctors reports. Even at The Hearing the Judge has his or her own Doctor review your case. @James. From what I have read it take a while for the Judge to complete his or her report when they don't make a bench ruling. The report is very detailed to support there findings and then it's reviewed by I believe another Judge before it's sent to you. When I read this it made me wonder, why wouldn't they just make bench decisions. It's easier for them. The report they have to write is only one page. My letter was mailed out the next day. If you go back a few months, I believe Afraid had a hearing and waited a couple months for her response. If you want go to Google and research your question. I'm sure there are plenty of responses. Good luck.
It's me again ...
1. The docs that do your SS exam have no interest in whether or not you're declared disabled. They get paid the same whether you're half dead or running laps in their office. Honest. They have no idea how your case even turns out - they just report what's going on, that's all.
1a. The reason sometimes a SS doc will say you're disabled and you get denied anyway is because the SS doc's job is to examine you, period. They can't say whether or not you're disabled because they haven't seen all of your medical records and they aren't qualified to analyze your vocational background. This is the same reason why SS will disregard your doctor saying you're disabled. They don't need your MD saying whether or not you're disabled, SS determines that issue. They need your MD to tell them *why* you can't work. A note from your MD saying "my patient is disabled" is useless. It's the note from your MD saying "my patient is incapable of walking more than 1 hour a day and they must have a cane to walk a few steps because they have diminished muscle strength in their legs due to blah blah blah medical condition" that gets your case approved. Or notes like "my patient has severe emphysema and must use oxygen 24/7 and gets shortness of breath after walking distances of 20 feet." It's all about details.
This is actually a good thing although it probably doesn't seem that way. What if you go to a CE and you're having a decent day that day and you don't LOOK that sick and the SS doc says you're not disabled? Should we listen to the SS doc, or the 25 ER visits you've had in the past year showing that most days you're struggling to breathe because your COPD is nearing end stage?
Or, conversely, let's say someone goes to a CE and fakes like crazy and the doc actually buys it, but the rest of the medical records show that they're fine? Should that person be approved just because the SS doc says they're disabled? Have we not ALL known people who are drawing disability that are healthier than our freakin' 20 year old kids?
(To be fair, it's VERY rare for people to go to CE's and outright lie - I've only seen it a few times. The vast majority are honest, really. When you are really sick, you don't HAVE to lie! Some people do exaggerate, though, and some - particularly us guys - will actually downplay their problems. Most of the time the SS doc can figure out whether or not someone is being honest or downplaying or lying but once in a while you'll see a doc that believes anything they're told.)
Some SS docs do a bangup job of doing the exams and writing the report and take their job very seriously. Others suck and have no business doing SS exams. The majority are somewhere in the middle.
2. With disability reviews after you're found disabled: I've seen some people who haven't seen a doc in years and in some cases yes, it's because they're simply not as sick as they used to be. I've seen some who are indeed still very sick and they just don't go to the doc much -- if there's nothing they can really do for your condition, why bother? (If you've lost your legs, it's not like a doc can make your legs come back, nor are they going to do a very thorough examination on you when you go in for checkups. Sometimes all the MD can do is keep you comfortable and help you keep what function you do have.) I would say that if you were allowed based on a mental condition, it's much more important to keep going to the doc. It's easier to be found medically improved if you were allowed for a mental problem than it is if you were allowed for a physical problem (there are exceptions, as always).
3. SS can't deny your claim for any reason, as Bogey suggested. However -- not attending a CE is a good way to get denied in a hurry. If you fall off the face of the earth I have to jump through a ton of hoops to show I did everything I could to find you before your claim is denied for whereabouts unknown -- if you flatly refuse to go to the CE, it's pretty cut and dried on my end.
I am not a lawyer but I have worked with disability lawyers before (years and years and YEARS and years ago - probably around the time some of you were still in preschool). They are snakes. I've said that before. You don't need one until you're going before the ALJ -- before that, they are doing nothing but taking YOUR money and doing nothing to earn it, 99% of the time. I can count on 1 hand the cases I've had in which the lawyer actually did do something major to help their client's claim.
Be very wary of a lawyer that tells you not to go to a CE. I have seen them do this before and I think with some of them (not all) they were just trying to drag the case out longer. The longer you wait for your approval, the bigger your back pay -- and the bigger THEIR cut. They're capped at 6k (I think) ... from a financial standpoint, it's better for their wallet for the ALJ to allow you than for you to get allowed the first time you apply. After all -- if your claim is just regular SS only (not SSI), you're just recently gotten sick and your onset date is set to less than 6 mo ago, you're not getting any back pay, and neither is your lawyer! That sounds unconscionable, I know -- and it IS, it's illegal as hell and would get any lawyer disbarred if they were busted doing it. That said, lawyers do lots of things that would get them disbarred if they were caught -- but the dishonest ones tend to be smart enough to NOT get caught. I simply don't put it past some lawyers to milk cases for all the cash they're worth. For every 1 approval case they have, they're representing 20 other clients who will never get approved because they're pretty healthy. Most lawyers can listen to just the basics of a case and know whether or not you have a shot. They'll lie and say you have a shot even when they know it's not likely because hey, your health might get worse, or you might get lucky and get approved anyway. Since they're not breaking a sweat on your case anyway until you go see the judge, it's not like your case is really costing them much to take on.
If a CE has been ordered, it's because your doctor's records either suck or they won't send them. Not going to the CE normally results in a denial. Some lawyers do feel that SS doctors suck and the exams are crappy -- and they would be correct in some circumstances. However by not going, you're most likely gonna get denied -- SOME medical evidence is better than none at all, even if it is from a crappy CE -- especially if you are REALLY sick!
Which leads me to my next point ... pay attention, this one is huge ...
4. Make sure you're seeing a real doctor.
If you are seeing a Physician's Assistant or a Family Nurse Practitioner, their records aren't going to do much for your case. SS has a thing called "acceptable" and "non-acceptable" medical sources. MD's, PsyD's, PhD's and DO's (doctors of osteopathy) are acceptable. Pretty much everyone else ... isn't. If you are only seeing a PA or a FNP, I'm probably going to have to send you to a CE just so I can have an MD tell me what I already know. (Most PA's and FNP's do excellent work.)
If you are seeing a PA or a FNP (or a social worker for counseling) and you apply for disability, go to your doctor's office and ask them to make sure that an MD has signed off on your visit notes -- especially the most recent ones. All PA's and FNP's are supposed to have an MD that oversees their work so if they tell you they don't have an MD that can do that, RUN! If they are prescribing meds for you, there MUST be an MD overseeing that -- if there's not, they're breaking the law.
5. Suppose you're approved for SS. YAY! Your lawyer thinks they can get you an earlier onset date ... be careful!
Yes, I understand that they want that onset date as far back as possible so you can get Medicare. They also want your onset date further back so they can get you more back pay -- and consequently, they get a bigger cut, too. (A lawyer motivated by money? Shocking, I know.)
So let's say you appeal your onset date ... "hey, SS, you app
I recently flew to WA to see my dr (I couldnt find anyone within 60 miles of my new home in CA that would sign the LTD and SSDI forms because they didnt know me before the accident). My Dr completed the LTD residual cpacity form stating that I cannot sit, stand, walk, or drive for more than 30 minutes at a time, lift more than 2# right and 5# left, no pushing, pulling, twisting, reaching, streatching, no repetative motion ie typing, writing, grabbing....
My attorney says that my certifications may be a problem because I could work as a consultant. 2 of my certifications expire this year, but the most profitable expires 1,2013. I cant afford the recertification process, seminars, etc, AND once they expire I will not be eligible to reapply as they have all changed their qualifying criteria.
Does anyone have any information that would help? I have been waiting 6 months for my ALJ hearing and when it happens I want to make sure that I can prove the VOC wrong if they say I have highly marketable skills. I'm not marketable without the certs.
Thanks
@Dawn. The VE can try to place you into any type of job even if the job does not exist. What your Attorney and medical evidence need to prove is your unable to work an 8 hour day 40 hour work week. What my Attorney explained to me is it's all or nothing. So if your condition is going to require you to take an excessive amount of breaks or cause you to miss 3-5 days of work a month, then you are unemployable. If your medications effects your ability to drive, make you tired or cause you restroom issues, make sure they are documented and your Attorney can bring these things up at your hearing. A lot of people tell their doctor the medication is helping but for get to mention the side effects. I will give you an example of some of my medication side effects. One pill that I must take because a nerve in my back cause me urinary issues. Side effects blurred vision, fatigue, dry mouth, dry eyes and constipation. I'm on seven different medications. Some are narcotics. Should not drive, operate machinery, fatigue, sleep depervation and constipation. You must let your doctor know and make sure he or she documents these side effects. Can't expect a person to do desk work when they can't sit, see and must get up to go to the restroom every 20 mins. Hope this helps. A good Attorney with good medical reports can eliminate a VE's chances. My VE was never even given a chance to speak. My Judge dismissed the VE after my testimony and I'm sure the Judge reviewed my medical reports. Good luck.
thank you Bogey! I literally just got the call that I'm scheduled for my hearing 6/25. The atty told me that there is a chance that when we go in the judge "may" delay the hearing up to another 12 months until my PHR expires.
And, to make things worse, my hearing is 167 miles away, throug downtown Los Angeles traffic. I'm not supposed to drive more than 30-40 minutes one way without at least a 45 minute break to walk/lay down before i come home. I cant drive medicated, this is all because of a car accident, and I REFUSE to place myself or anyone else in danger. A 3 hour drive straight through will take me a day!
I could go two days early and rest at a friends, but buy the time I see the judge I'll have been resting in bed for at least a day. I dont know what to do. I cant afford almost 400 miles of gas on a good day, cant sit on a bus that long, cant leave my kids and animals alone for days on end....
It may be all for nothing. The judge may send me away and say come back when your cert expires. I'm losing it. My LTD company said that they will reduce my payments by the amount they "estimate" should come from SSDI as of the date of the hearing pending a solid approval or denial. I'm sorry to vent but I'm so sick of dealing with this. Threats every month from LTD because SSDI takes so long, SSDI admitting I cant work but denying me, bills pushed aside to keep going to appts and buy meds I cant afford so I can keep my LTD coming in...
I dont know what to do any more.
My LTD did the same to me. Constant harassment, every 3 months they wanted doctors updates and when I won my Social Security case they reduced my monthly benefit by $1,800.00 dollars. I paid for this policy for over twenty years but because it was through my job they have the right to off set my benefit. I was 21 years old when I filled out the form. I didn't understand the jobs hidden agreements. What is your age and medical diagnosis? The closer you are to 50 the less likely your Hearing Judge will make you come back. Also if you have strong medical evidence the Judges are usually fair. They understand even healthy people can't find jobs in this economy. As far as your drive, what ever you decide don't tell the Judge you drove down in one day. I would take a bus to your friends or see if your Attorney can help you out. Remember, if your saying you can't sit for certain time limits and drive 3 hours that looks bad. The Judge will probably ask you how did you get to your Hearing. My Judge asked me. I took the train and it was less then a half a block walk from the station to the Hearing building. How long have you been waiting since you filed? Just asking because I hope your Attorney isn't trying to extend your case to milk more money out of you. The long distance isn't unusual. I've heard a lot of cases where people had long distances to go to the Hearing. I was lucky, my Hearing was only 24 miles and the train station is six miles from my house. My wife drove with me to the train and we road together. Write back and let us know.
Dawn did your LTD recommend your Attorney? Mine did and when I met with a local Attorney he told me LTD companies make you feel you have to use these Attorneys. My LTD Attorney group was in Boston and I live in Miami. Best thing I did was get rid of them. Also, be careful, they have you sign papers giving them access to your bank and they will take a very large portion or all of your lump sum. When I retained my local Attorney he was able to put an end to this and my LTD couldn't touch my lump sum. Be careful.
Hi Bogey,
Im 41 this month and the accident happened when I was 39. The only education I have is my GED and my certs, along with 25 years of learning everything I could on the job. My diagnosis is C5, C6, C8, T4, T5 inoperable ridiculopothy; 2 failed surgeries on my R slap tear/rotator cuff, 1 failed on my left for same, both are considered inoperable now; bi-lateral thorasic outlet syndrome, inoperable due to neck damage; accute nerve hypersensitivity (wearing anything more than a tank top makes me cry; cluster migraines 3-5 a month; acute sciatica; my arm/neck/upper back feels like its on fire on a good day, hand curls into a claw after maybe 5 min of typing.... depression, anxiety, social anxiety, insomnia....
My LTD company set me up with an atty because I cant afford to have another attorney take their share then have to repay that amount to the insurance company also. Mine is in Boston also (Doherty), when i filed the SSDI claim I lived in WA but now live in CA. The form I signed stated that I wanted the SSDI check to come to me and I would be responsible for repayment, I also changed my bank account since then. I filed 10/1/2010 after the second failed surgery wich cost me my job.
I'm sorry to just dump on the board.
I had a feeling your LTD put you in contact with one of the Attorney groups they use. It BS. Do you have Met Life? I never even met my Attorney from my LTD company. Everything was over the phone. My second Attorney who was a former Judge told me LTD companies use this tactic all the time. The only time you get to meet these Attorneys is an hour before your Hearing. I dismissed my original Attorney and went with him. It was simple. If you want the information, I will gladly send it. No Attorney can talk to you while you have an Attorney. Good luck. I was 41 when I became injured. Hip and lower back surgery plus I have thoracic outlet syndrome as well. Keep in touch.
Hi everyone! An old work associate of mine had her hearing today, at the same hearing office in Tulsa, where I had mine. She recieved a fully favorable bench decision. She will get her payments within 6 weeks the judge told her.. I'm glad for her. I wish I could have been blessed with one of these bench decisions... After hearing the news I called the hearing office. They said my case was "unassigned waiting decision writer" I asked what this meant. The worker told me it meant the judge had made a decision and it is basically waiting in queue to be assigned to a writer.. Then it has to be edited, reviewed by the judge, back to the writer, and finally signed off by the judge.. Grrrrrrr!!!! The waiting is absolutely terrible... I hope for a letter soon. I wonder how long it will sit in queue before it is assigned... I guess all I can do is wait..... I hope everyone is doing well and those who are still fighting have an easier quicker fight..
@James. I don't understand why so few Judges make bench decisions. It's so much less work for the Judge or there staff. Plus it let's the people know so they don't have to sit and wait. I'm sure your going to receive good news, it's just a matter of time.
Thanks bogee!!
Hey ya'll, spent the last 2 hours or more reading through alot of your writings..Bogey, you are the man! And Habee, I am praying for you. Ok I filed ss diability back in 2009 this last time and gone through the appeals process and its been a long ride honey. I am 52(april 17th) i live in florida (the panhandle) i retained the attorney syfrett & furr (wont collect unless they win deal) for the last appeal judge hearing which is st April 18th via satellite in Panama City here. My lawyers office says I have a "good case", Had a heart attack 2 years ago, stage2 hypertension, and my disability is for DDD on my lower back S1-L5, constant pain and havn't worked during the process. Haven't been back to Dr. because can't afford it, share of cost 1,100. I receive survivor benefits for my son Christian (16yrs old)on behalf of his late father, they stopped mine this month because my son turne 16..thanx lol, couldnt wait til my hearing in 2 wks but thats the process and rules/guidelines. I went to a back Dr. at brain & spine center, shots in the back, a month rehab but couldnt go due to lack of funds extra for Dr. co-pays. But at any rate have the records/x-rays/MRI's to show DDD. I am so anxious and nervous all at the same time. I cant work anymore, cant really do much really cause its contant ya know so I am really praying for this to be approved..for me and my son's sake ($508.00 now to survive on). Will my son also recieve back pay as I will(if approved)? and is it retoactive also? My date on paperwork says Dec. 2009..thanks and please ya'll pray for me i am soo nervous because you hear so many stories. I am disabled and deserve this, so God-willing Aprill 18th will be my day in court :). How do you think I will fare?
@Kim. Yes your son will receive back pay as long as he was under 18 years of age at the time your Hearing judge finds you disabled, minus the first six months. I don't know why they hold the first six months against you but they do. It's all on Social Security's web site. You said you filed in 2009. You didn't give a month so I will use June as an example. If your approved and the judge uses your date you became disabled and that was April 2009, and you filed in June. Your back pay would be effective as of October 2009 up to April 2012. Also since you have already passed the two year mark you are entitled to receive Medicare. Hope that helps, and I wish you good luck with your Hearing. Please let us know how it goes. Also the feeling you have being nervous and anxious is normal. Just think about the positive. Most cases are won at the hearing level and hopefully your Attorney and medical evidence will support your case. Just remember the Hearing Judge will determine the date you became disabled. So the dates you filled out your application isn't the date you became injured and disabled. I was lucky. My judge went back to the day I was injured, which was the last day I worked. I filed for SSD four months later. Good luck again.
a-nonny-mouse i read your post but don't know what a CE is... could you explain?
@Charmer. It's a Consultative Exam. It's the exam SSD sends you to. It's basically a doctors appointment. The doctor examines you and prepares a report for your SSD case. If Nonny-Mouse reposts he can probably tell you more but it's the term SSD uses to describe your examination for your type of disability. You can google it or review Social Security's web site. Hope this helps.
@Bogey thank you, i actually filed the year prior but got denied and dint follow up so im wondering maybe they wil retro back to then eh? in florida isnt ssi 678 or something?
thank you Bogey.
@Kim. I don't know anything about SSI. I'm sure the determination process is similar but I have never looked inti SSI. As far as your disability and the date Social Security determines you became disabled, that's in the hands of what your doctors have documented and what date your Hearing Judge decides your disability prevented you from working. Your Attorney should have these dates. You should contact your Attorney and go over your case. I'm sure they will bring you in before your Hearing but it's your life. If I had questions, I called my Attorney and they answered my questions. Remember, the only dumb question is the one you don't ask. Good luck. Your Attorney is going to make money, make him or her earn it.
Kim Gates
@Bogey thank you, i actually filed the year prior but got denied and dint follow up so im wondering maybe they wil retro back to then eh? in florida isnt ssi 678 or something?
The answer is ... yes and no. (I don't know what the current SSI amount is but 678 sounds like a decent guess. It's probably higher in Hawaii and Alaska, though.)
For SSI -- your application date is everything. Let's say you get in a terrible car crash on 01/01/12 and you're paralyzed from the waist down forever; you're in the hospital for a few months and you get out and you apply for SSI on 04/01/12. Even though it's obvious you became disabled, medically on 01/01/12, you didn't apply until 4 months later ... so when your case gets approved, they'll say your onset date is 04/01/12 and that's when the checks will start.
Let's say that you've applied for disability more than once and you've been denied. There are only 2 ways your prior cases will ever be reopened - one situation is called "error on the face of the evidence" and the other is called "new and material evidence."
Suppose you applied on for SSI on 01/01/2011 and got denied a couple of months later, so you come back on 01/01/2012 and apply again. Suppose that the first time around, the adjuster was an idiot and completely missed that you actually met a listing the first time you applied. Your 2nd time around, you get someone smarter and they immediately see in your new records "WOAH! They meet a listing -- maybe they met a listing last year when they applied ..." so they look in the records from 2011 and bam, there it is. That adjuster is going to allow your case and they're going to reopen your 2011 case and go all the way back and set your onset as 01/01/2011, which means more money for you. The basis of the reopening will be error on the face of the evidence -- meaning you were denied the first time because of a flat out mistake.
Now picture the same scenario as above ... only this time, a mistake wasn't made. Instead, when you applied in 2011, one of your doctors didn't send in their records, so the evidence in your file didn't support an approval. You reapply in 2012 and this time Dr. Straggler from 2011 sends in your records and bingo, there it is in the file that you were in really bad shape in 2011 ... and if they had just sent in the records back in 2011, you'd have been approved back then. Your case would be reopened and approved all the way back to 2011 and the reason would be "new and material evidence" -- you were disabled all the way back then but it couldn't be proved at the time, but now there's evidence available that wasn't available before proving it. Again, more money for you.
The second scenario happens more often than the first -- and honestly in those cases, it's not always because a doctor didn't send in their records ... half the time it's because the person that applied didn't tell us about all their doctors. You'd think people would tell us "oh I've been seeing Dr. So-and-So for 10 years" but you'd be surprised how often they don't! A lot of times if I find out at all that you're seeing Dr. So-and-So, it'll be because I read about it in your medical records from Dr. Such-and-Such! At that point I sigh and order Dr. So-and-So's records and kiss the prospect of getting a decision on your case goodbye for probably about another month.
As far as anyone's claim goes -- that's pretty much the #1 thing you can do to make sure your case gets dragged out for months and months at a time: don't tell me about all your doctors. Another thing that's problematic - giving me the names of doctors you saw 20 years ago. I HAVE to order them and I have to give them a certain number of days to get them in, but 99% of the time they have no bearing on what's going on with you today. Yes, x-rays showing me that your back problems started 20 years ago are nice and all, but I'm more interested in the x-rays you had done in the ER last summer while you were on vacation in another state at a hospital you can't remember the name of ... which I'll probably never hear about :(
For reopenings, if it's an SSI claim they can be reopened up to 2 years. For SSDI claims, it's 4 years. Why? I don't know.
Hope this helps!
@ a nonny-mouse or anyone who might know.
I've tried to research on this.. I know for a fact that a my hearing the judge closed the record. When I called the eating office for an update, they said my case was at unassigned writing. From what I can tell, unnassigned writing means, the judge made a decision and wrote notes about your case. Then it goes to a bak office for a para legal or attorney advisor to "tease out" or gather facts about the notes the judge wrote to support his decision of favorable or unfavorable. After these specific facts are picked out of the record, then it is assigned to a writer. The odar uses codes to mark the status. After unnassigned, they mark it dw/pc for decision writer personal computer. Apparently at this stage all the facts are there to support the judges decision and the actual rough draft of the decision letter begins. I've searched and googled and only found limited information about this rare behind the scenes odar processing.. Does anyone have any input or know if this is true? Or have any info to add about the specific processes in decision issuing?
@James. I'm sure Nonny-Mouse knows more about this area then I do. I can only tell you what I experienced, seen people like you go through and read. The Bench ruling is rarely used and I don't understand. The Hearing Judge has much more paper work to documenting a fully favorable decision after the Hearing then to just make a Bench Decision. The only thing I have read and it makes sense is the Hearing Judge doesn't want arguments from people denied. That being said and Nonny-Mouse seemed to agree, your Hearing Judge seemed to support your case. From my Attorney, who is a former Social Security Judge any time the Judge cuts off a VE it's a very good thing. In your case and in mine that happened. Unfortunately, your Judge didn't make a Bench Decision and now you have to wait. If I was you I would call your Attorney. Maybe he or she can contact the Hearing Judge and get a response. I can tell you, even after I received my letter Fully Favorable. It still took 2 months before Social Security updated me from pending to Fully Favorable and another month to complete the paper work and begin receiving my monthly benefit. The funny part looking back is I was the last person paid. Attorney, kids, Medicare, monthly benefit and then lump sum or back pay. Remember, Social Security checks everything. Workers Comp, LTD and all the dates. Last day you worked, date injured, when you filed and the date your Judge determines you became disabled. I can tell you they check. In my case I needed a letter from my job because I entered my last day worked and the payroll person had me working one extra day. Now I was lucky because I was in the hospital a the medical records were easy to prove I couldn't be in two places at once. But this was brought up over three years after my Social Security case began. So it shows before a check is released they review everything. It's good they do but it also causes extra delays. Just hang in there, you've done everything you can do. It just a matter of time. Keep in touch with your friend who received the Bench Ruling and when your case is finished let us know the difference in time. Take care.
@bogee
Hi bog, I talked to Phyllis, my friend who got a bench decision. She got her letter from social security today stating that her benefit would be 1294.00 a month, and that her monthly benefit would start on June 3rd ad she would receive her payment on the 3rd every month thereafter. I cannot believe how quickly she recieved this letter.she also relieved a 2nd letter that stated she was owed back payments and it ha a date and time for a perc interview. The letter said after her perc interview, her bak pay would be processed. I don't understand how she got this so quickly. I'm glad for her.. But it seems so fast. Now keep in mind, she had absolutely no workers comp, no ltd, no unemployment, no payment or aid of any kind.. Her attorney hasn't even been paid yet. I assume that will come out Of her back pay.. She is very excited. I would be too.. But her total process was different from mine.. She started in 2008.. Was denied at her first alj hearing in 2010. She had to reapply and have a 2nd hearing this year. But she says that the lawyer is confident they will go back the 4 full years. But that is the latest update.. I hope and pray I don't get denied. I agree with a lot of you here that I probably won, but we can never count our chickens until our decision letter is in our hands!! Keep me in prayers I'll keep updating. Thanks to everyone an bogee fr all your support
My husband had developed several arthritis that wore away all the cartilage in both hips and he could barely walk. He was in terrible pain. He applied for SS Disability and was refused. He was trying to exercise by swimming at the gym to build up strength for needed surgery, but we still had no idea how we would pay for it. It was the people at the gym who finally told him everyone is refused the first time and convinced him to appeal. We did have to hire a lawyer because we were almost too late. We wasted too much time not realizing we could do something. With the attorney's help, he finally was successful and could get the needed surgery. I wish we had the information you shared here back then.
WannaB. Having a local Attorney is a very good decision to help your husband navigate through the Reconsideration Phase and a Hearing if needed. It sound like someone messed up either at Social Security Disability or the medical documents were not reviewed or presented properly. A hip is a major weight bearing joint and it's part of the list of impairment for meeting Social Security's own definition of being Disabled. If you could in your next post tell us your husbands age and is he seeing a specialist for his condition? Also is a total hip replacement or double hip replacement being recommended? I only ask because both are important points in your husbands disability case. Lastly, what type of work did he do? Good luck, stay positive and strong.
good article but I did notice that you mentioned that if you can't work a 40 hour week that SSA would find you disabled - that is not entirely true - it's not the hours they look at it is if you can work a job that is at SGA (substantial gainful activity). You may have a high paying part time job that puts you at SGA or above and you would not be eligible. So it's not alway how many hours you can work it is also how much money you can make working the hours that you can.
@everyone
Update - in a previous post , I mentioned my hearing was in "unassigned writing" at the hearing office. This means the judge made his decision and the facts to support his decision were being picke out and gathered from my file. I called the hearing office again today and my case has moved to dw/pc this means decision writer personal computer. So now my case has actually progressed to the next level, and a decision writer is actually making a rough draft of my decision letter..still a few more steps to go after this, but I'm glad it's at least with a writer now and getting attention. I assume decision writers have large amounts of work an I'm sure they try to get them wrote up and sent out as quick as possible.. I'm hoping for the best! Keep me in prayers I'll continue to update
@Renae. I'm not an expert I just post what I've experienced and people have told me. I'm sure Social Security uses many ways to place people back to work. If Nonny-Mouse reads this he may know more about the VE's guidelines. I was told by my Attorney it's all or nothing. Meaning if you can't work 8 hours a day 40 hours a week because your disability prevents you, then a VE won't place you into the workforce. I'm sure this gets twisted around, since the VE's only purpose is to place you in a job. Thanks for your additional information. @James, hang in there. I'm sure the person writing your final report is going to cut and paste your letter and add the Judges report in there. Sounds like you should know something soon. Good luck, stay strong.
Hi everybody, I all hope you are progressing with your disability cases. I just got a denial on my appeal today, and I am not surprised, just bummed out. I know the nest step is to go in front of an ALJ, so I have contacted my attorney, contacted my Dr. so that they can write the SSA judge a letter that I have not been able to work in 2 years, and that I have developed brain damage due to my liver failing and that I have not been able to do daily activities, much less drive or go anywhere unattended, as I risk confusion, sz and possibly coma and death. Any how I have requested him to send me this letter and any pertinent lab reports, and Cat cans that were run at the time of my hospitalization. Bogey you were right, the disability examiner seemed to do very little in trying to assist me ,and the ALJ judge will have to make the decision, My caregiver is going with me to testify. Disability examiners lack the experience that Dr.'s or even patients have regarding their ability to do or not do a task. If this step were removed, the process would run faster and cost all of us taxpayers less money, Keep fightin!!
@Gary. The Reconsideration Level is such a waste. The same people who turned you down get to review your case again to turn you down again. The government even knows it's a waste of your time and tax dollars. I believe 5 states did away with The Reconsideration Level as a pilot plan but like anything good or to help people like us, those 5 states are the only states without Reconsideration Levels. I'm sorry you were denied but with your condition, doctors and a good Attorney, you finally get to see a Judge and your case will be revise by The Judges doctor. If your Hearing is in your city there is a goo chance your Judge's doctor will know or heard of your doctor. Lastly, at The Hearing your doctors opinion and medical documents are given much more weight. So if your doctor strongly supports you and documents everything you should be fine. Stay strong.
I was trying to say reviewed and good. I Pads are nice but I can't proof read my posts. And the spell check is as bad as me.
Thanks Bogey, I didn't even notice the type o, most due to my poor brain function. I know that a hearing in front of a judge, my paperwork, and my caregiver's testimony (if needed) as well as my attorney and his advise, my chances should get me the disability help i so urgently need. That being said, I am not giving up because that's what they want you to do!! I hope this gives you all the inspiration to fight for your rights because the US govermnment won't! Thanks for your support Bogey :)
PS I also have a great doctor whom I have mailed requesting a letter for social security regarding my limitations.
@Gary. Your Attorney will probably have your main doctor fill out a form listing all your limitations and it will list your disability ratings. I can't remember the name of this form but The Hearing Judge uses this form and it holds a lot of weight since your doctor is the only true specialist you've seen and your doctor is in the best position to declare you disabled. Social Security's doctor only examines you once. Your doctor has been treating you for years. That's just one reason having your doctor's support is so important. Also, The Hearing Judge will have his or her's own doctor review your case. The one visit Social Security sends you to is a waste. My Hearing Judge had an Ortopedic Doctor review my case and he agreed 100% with my doctor's medical findings. It's just a waiting game and I'm sorry you and thousands of others suffer waiting for your Hearing date. Stay strong, we are here for you.
Hi again Bogie, I just got a disability appeal report that my attorney sent me to fill out and return to him asap. It is basically looking for changes in my medical condition,hospitalization, new medications and such. Yes to all!! The 2nd disability examiner must have missed this when gathering my information. I will fill out, make copies, and get this going. Again, thank you for all you do for us..it is greatly appreciated. To all, stay strong, and be strong. Fight for what is rightfully yours!!
Hi Gary!!! How are you!!
Good to hear from you. I think the form you and bogee are talking about is a residual capacity form.. Or sometimes called a medical source statement. Your attorney should have pre made copies of these for your doctor to fill out. Or you can google search te forms. The rfc and ir medical source statements were very helpful in my hearing. My judge kept noting them and using them as references. Stay strong!!! I hope your fight ends soon!! As for me I've done everything I can.. I've already had my hearing. I month ago today. So now I'm just waiting for a decision letter. I'll keep u posted. Thanks!!
Hey everyone! Well I had my appt. at Social Security office w/my lawyer via satellite before the judge (female and very nice w/ their VE mr. spagnelli (spell check needed probably haha). My Lwyer said everything went GREAT, the VE said there were 3 jobs, but due to my age, retrainable and the fact that the only one i could POSSIBLY due were only 1,000 in Bay County (florida)and the MAX # of days that can be missed per month was only 2 AND my uasage of my rifht arm inhibits me from doing this job....so thats all relly. Then we were done, walked out and my lawyer said I did really well and he is quite comfortable in saying we will get this! So is that what happens?? He also said i would "know" officially within the month, meaning a month from April 18th..?? so its wait time. I was comfortable and the judge was very nice and not one time did I feel the VE saw any work i could do and actually seemed to help my case. anyway so what do ya think bogee hmm? keep in touch, Kim Gates
Good luck Kim, I hope your claim is approved immediately. @ Habee, I am praying for you, God always takes care of his children. Feel better soon!
@Gary. It doesn't surprise me Social Security is making you fill out forms you have already prepared. Good luck and do what you need to do. @Kim. Sounds like your Hearing went well. I'm not experienced in the decision part after the Hearing because my Judge made a Bench Decision during the Hearing. My Judge told my Attorney and me she was making a fully favorable ruling during my Hearing. So I didn't have to wait for a decision letter. That being said, from my research and this Hubpage results it's a good thing when the VE is not able to place you into a job. I think you and James have and excellent chance to win base on your Hearings and the VE not being able to place you into work. Most cases are lost because Social Security feels you can still do some type of work even though your disabled. In some ways they are correct. A person missing one are can still work in some capacity yet a person who suffers migraines can't. It's very subjective. Hope this helps, good luck to all
I mean you and James have an excellent chance. Also a person missing an arm. Sorry. Apple spell check changes some of my words and chooses similar words it there place.
Received news from a person who asked for advise on this Hubpage about six months ago. He's in South Florida and needed assistance. I refered him to my former Attorney who was a former Social Security Judge. After going to my former Attorney he was able to get full benefits without going through this process. I was told our Attorney took a sworn deposition from his physician and presented it to Social Security Disability and a decision was made immediately. Full Benifits no going through the process. It's nice to hear the system works if you have the right people fighting for you. To everyone don't give up and get a good local Attorney from your city/state.
@bogee
At first the VE said I could do envelope addressee or table work. Then once
All the hypothetical questions were asked, the VE responded no to all of them. Also, he stated that I could not compete in the national economy. So, being that he stated those 2 jobs, do you think he placed me into being able to do that type of work? It's like
I got a mixed message.. Because he named
2 jobs then stated no to me working in situations with my impairments involved... I'm still confused.. And sometimes my mind fills with negative thoughts of having lost my case.. I would rather get a bench decision even if its a denial... The waiting for a decision letter is torture.....
I need help I'm 33 i used to work as a bus operator since 2000 untill 6/10 i got injured in 04/09 rear ended by a transit bus same company. I had a spinal fusion, shoulder surgery and more than likely neck surgery as of today i'm on ttd. I applied for ssd on 12/11 in feb this year i got two questioners from my state. I sent them there forms via usps. This weekend i got the questioners forms to be filled out again, i quess they lost them. I want to know how to get it approved the first time with my age playing a big roll. I feel that the surgeries made me worse than before i have my up's and downs.
@James. I feel you fine. He said to your Judge you can't do those types of jobs when asked directly by your Judge. Now if he told your Judge there are plenty of jobs in a specific field for you and gave specific types of jobs I would worry. Your fine. @Stitch. There are very few automatic disabilities that will get you approved. Stroke, total paralysis, major brain damage and injuries of that nature. Regardless of what anyone says your age is used against you. It's used because Social Security feels at 33 your young enough to retrain to do something else. However, with your injuries 2 surgeries and a possible 3rd surgery you have plenty of medical support. Now you need a doctor to support you can work any longer. Your doctor needs to detail why you can't work and support his reasons with medical findings or facts. Since you drove a bus you are probably considered a sedatary worker. This means the only work Social Security can place you in is desk type work. Back injurys make it difficult to sit, stand and walk for periods of time. You also have shoulder and neck. Thoses make sitting, and most desk work impossible without pain. Your doctor needs to know this and document it. Also any medications your taking. Medications have side effects. Make sure your doctor lists all of them. As far as filling out forms and Social Security asking for the same forms again. That's the number 1 complaint I hear. Just do your part. Don't miss any dead lines, resend the forms and never give up. Most of the people on this Hubpage have been denied. I went through every process before being approved at my Hearing. I hope you don't go through that! Good luck, ask any questions, there are plenty of people on this Hubpage with good advise and even though Social Security is a Federal program it run different in every city/state until you case is submitted. Stay strong and positive.
@ Bogey thanks for your advise and very quick response I will fill the forms out again and send them by fax. I will included the medication I sometimes take. I also will not give up if i get a denial decision.
@Stitch. Make sure you let your doctors know of all the side effects of your medications. If you can't sleep, constipation, makes you sleepy or fatigued, blurred vision or any thing. Make sure your doctor documents everything. Also keep copies of everything you send Social Security and keep records of dates and names of who you deal with. Good luck.
My husband is a 31yr old disabled Army Veteran. We applied for SSDI in Febuary and I've spent many nights researching benefits. I recently found the Wound Warrior Program and we dropped off his DD214 yesterday. My husband is considered 80% disabled through the VA and has a pending unemployability claim. He has schizoeffective disorder, anxiety, migraines, seizures, and arthritis. He sees psych every 2 weeks and a counselour weekly. He has had multiple hospital stays with one lasting almost a year. He has hospitalized at least 3 times a year for his mental health since 2003.
I was recently laid off by my employer because he stated that my husbands medical condition affected my dependabilty because of all his doctor appts and ER visits. We have a 9 year old daughter. We cant survive on his VA disability alone.
I worked in a tax office and have seen multiple people coming in with their years of back pay knowing that they waited 3+years for it. My question is given that my husband is already considered disabled through the VA will that help or hurt his SSDI claim?
@ProudVetWife. Sorry for your husband's condition. As far his disability it's very confusing. Every disability company, insurance, Social Security, and job has and uses different definition to determine if someone is disabled. So to give you my experience, I was approved by two private disability programs yet denied by Social Security Disability. Why? Because they use a 5 step process. You can look at Social Security's web site to see how even though you may be disabled from your current job, if they can find any type of work for you, you are not considered disabled. Step 5 is the primary reason so many people get denied and have to get an Attorney and fight for their benefits. Sorry to tell you this but it's the truth. That being said, every case is different. The part that worries me in your husbands situation is you mentioned he's considered 80 % disabled. Social Security uses a standard of totally and permanently disabled. My suggestion is find a good Social Security Attorney in your city/state and seek his or her advise. Good luck.
well just got off the phone with Social Security office. My Hearing before the Judge was April 18th right, well being impatient (NOT)I asked them if they have any word..the agent told me a letter was sent out April 20th!! Don't know if this is good new or bad but I will know in a few days. Hopefully the next time we talk its a good word for me. Thank you for the support and Prayers!! wow 2 days a decision was made and letter in mail, now I'm really anxious nd nervous. Kim Gates
@Kim. Don't stress over phone calls with Social Security it will make you crazy. Half the time they tell you they don't know or they are short and rude. I hate going to my local office or calling them. All I ever get is the run around or catch them in a lie. Just wait until you receive Medicare it gets worse. I have Avmed from my previous job and Medicare. Since I received Medicare I have one problem after another. Now I know why our government can't get health care for Americans approved. As far back as I can remember every President has tried and failed to pass some sort of health care plan for our country. Pretty sad. Well I will keep you in my prayers. To everyone hang in there.
(same Kim Gates just other email)@bogey or anyone else helpful..if my letter is sent 2 days after my judge hearing is that a good sign?
@Kim. The Hearing Judge probably has time limits to prepare his or her findings. With all the cases they handle I'm sure they don't wait to long because they don't want to confuse one Hearing with another. So they write the reports while it's fresh in their mind. Hope this helps.
Hi Everyone,
I need some advice in a hurry. I had been recieving SSDI for 10 years... i attempted to work and made more money than allowed on the TWP and Extended Work Period. I didn't work long but as a Realtor and a Nurse i made more than the allowed amount. Anyway they decided i was no longer disabled and stopped SSDI, now it's only SSI. I have requested waivers, appeals, reconsideration and they pretty much just ignore them so i went to my congressional representative which seems to have gotten them moving, they have made me an appointment tomorrow for a reconsideration conference regarding withholding so much to pay back. However SSA is not supposed to make any changes to your payment while you have an appeal or waiver on file... they are not following their own rules in any way. I was just wondering if any of you have any advice for me. I plan on submitting an expedited SSDI reinstatement anyway and of course fighting any overpayment... all this has been in the works for years now. The appointment tomorrow for the reconsideration of a new issue dosn't make sense, they never should have discontinued SSDI to start with because of the waiver and appeal i have on file. Any suggestions... thank you.
@Charmer. I don't know anything about your situation. Sorry. The only thing I can say is I hope you have a Social Security Attorney. A good Attorney can help you navigate the system. Good luck.
@ProudVetWife
"I worked in a tax office and have seen multiple people coming in with their years of back pay knowing that they waited 3+years for it. My question is given that my husband is already considered disabled through the VA will that help or hurt his SSDI claim?"
It has no bearing. The VA's rules are much more liberal and they also do their disability in percentages. SSA rules are much more strict and it's very black and white - either you are or you aren't.
@Gary
"Hi everybody, I all hope you are progressing with your disability cases. I just got a denial on my appeal today, and I am not surprised, just bummed out. I know the nest step is to go in front of an ALJ, so I have contacted my attorney, contacted my Dr. so that they can write the SSA judge a letter that I have not been able to work in 2 years, and that I have developed brain damage due to my liver failing and that I have not been able to do daily activities, much less drive or go anywhere unattended, as I risk confusion, sz and possibly coma and death. Any how I have requested him to send me this letter and any pertinent lab reports, and Cat cans that were run at the time of my hospitalization."
Ahh, cirrhosis and hepatic encephalopathy.
You don't say how old you are but I'm willing to bet you're under age 55. Liver cases are very, VERY lab-based: are the labs listing level? If not, probably gonna be a denial - especially if you're under 55.
Alcoholism also comes into play here (I am NOT saying you are one, of course - I've seen plenty of people with liver disease that never ever drank). Sometimes one's liver is trashed to the point that even if you stopped drinking, it's still ruined forever. Other times, stopping drinking can cause a huge improvement. If - IF - you are an active alcoholic, it's certainly not gonna help your case.
"Bogey you were right, the disability examiner seemed to do very little in trying to assist me ,and the ALJ judge will have to make the decision, My caregiver is going with me to testify. Disability examiners lack the experience that Dr.'s or even patients have regarding their ability to do or not do a task."
I ask this with all due respect (seriously) what exactly did you expect the disability examiner to do to help you? Their job is to get your medical records together, look at the evidence and apply SSA rules. That's it. They cannot bend rules, they definitely can't break rules and they use what YOUR doctors give them. If your labs aren't listing level and you're young, there's not a whole hell of a lot that can be done - if you're under 55 you're generally going to have to be found to be unable to do even sedentary work, which isn't very likely. ALJs, on the other hand, break, bend, destroy and flush the rules down the toilet every day which is one of the reasons so many people get approved by the ALJ. They have free reign that examiners simply don't have.
Incidentally ... most examiners do NOT make the decision, the majority of us have to have all of our cases signed off on by MD's who nitpick our work. We also have Quality Assurance breathing down our necks. If QA catches me making too many mistakes I'm gonna catch hell and it'll also trash my performance review.
As far as whether or not you can/can't do a task - it's about whether or not you can do *any* work, period. In cases where there's hepatic encephalopathy they're gonna look at your memory in particular. With mental cases in general you've gotta be *SO* far gone that you are unable to perform simple, repetitive, routine tasks. I have seen this in hepatic encephalopathy cases and they were approved, but it's rare ... and the ones that were approved already had 1 foot in a nursing home (a few were on the transplant list). As always - age is a huge factor.
@Bogey
"@Gary. The Reconsideration Level is such a waste. The same people who turned you down get to review your case again to turn you down again. The government even knows it's a waste of your time and tax dollars."
The government couldn't care less about tax dollars being wasted, bank on that.
As far as Reconsideration cases go, I overturn about 25%. Sometimes it's because the applicant got worse. Most of the time, though, it's either the first examiner screwed up, or - and I cannot stress this enough - the claimant tells us about three doctors they've been seeing for the past 5 years *that they never mentioned the first time they applied.* If you do not tell your examiners about your doctors, your doctors do not exist! Your examiner is not a mind reader!
Many times when I overturn a Recon it's not that the examiner screwed up the RFC form. They screwed up the vocational part. Detailed information about your past work is CRUCIAL, especially if you're 55+. Much of the time, the claimant doesn't even other to fill out the work history form, and at least half of the ones that do just slop something down on the paper and mail it in and put no thought into it at all. The vast majority of claimants *underestimate* how much weight they had to lift/carry at their former jobs.
Here's a prime example that I see a lot: say the claimant is, oh, a female that works in a daycare. She'll tell me that she had to lift no more than 20 lbs and she simply "watched kids all day." One, there is no way she lifted only 20 lbs or less -- toddlers are heavy! Two, if you're working in a daycare, many times you may also be doing paperwork, billing, hauling kids around in a van for field trips, taking out the trash and moving around furniture, etc. This is obviously MORE than just a daycare worker as described by the Dictionary of Occupational Titles (the vocational "Bible" of SSA).
Sometimes your past work is irrelevant - you're 25 and have a Medium RFC. In a case like that, it doesn't matter what you did as your past work - you're not gonna be approved. But let's say our daycare worker is 58 and has a Light RFC, and she did all the things I just mentioned above. Did you know almost *EVERY* "driving" occupation is classified as Medium exertion? Our daycare lady drove a van! WHILE she watched kids in a daycare! That's what we call a "composite job" - and it's my ticket to showing that she can't go back to her past work because it's a combination of 2 or more jobs.
A good examiner (and yes dammit we do exist) will, when in doubt (and when a good job description could make the difference between an approval and a denial), get more information about your past work. A crappy one (and yes there's plenty of those too) ... won't.
However if you, up front, FLOOD your examiner with very, very detailed, specific descriptions of all the jobs you've held in the past 15 years, you can avoid this problem ... and you'll actually make it much, much easier for the examiner to get the vocational part done quickly. I sometimes spend more time on the vocational part than I do writing up the case.
A few other things I want to add:
If you go into the hospital, tell your examiner. If you have a heart attack or stroke tell your examiner! If you move, tell your examiner. If your phone number changes, call your momma first then call your examiner. The more phone numbers you throw at your examiner the better - give 'em your neighbor's number, your parents, your sister's -- give 'em the number of *anyone* who can get a message to you quickly. Your examiner does not have the time to get out the bloodhounds and hunt you down and it's a good way to get your case closed for whereabouts unknown.
@Jamestulsa
I am working on getting info about what happens after an ALJ hearing (I'm interested in finding out myself). My ex-wife's (we're divorced but get along ok -- in short increments of time, anyway) cousin works for an ALJ and I've put in an email to her. If I find out anything I'll let you know.
Thank you Nonny-Mouse. To everyone going through the process he has excellent information! I know I'm critical of Social Security at times but he's on the inside. I'm sure my case would have been approved if I had prepared my initial application better. It's also a government run program. Your going to get workers who take pride in the cases they handle and do the best job possible. On the flip side your going to get some who shouldn't even be allowed to work at McDonalds. Then each state/city is different. Volume of cases, the type of people, by that I mean respectful not rude. I realize Social Security employees are over worked and some under paid. My frustration is the system in general. One thing in my case is it seemed so based on the case workers opinion that my health would improve, rather then the medical evidence. My other problem was since Social Security has access to all your earnings and I worked for the government, why couldn't they use a little common sence? I took a hundred thousand dollar a year pay cut. My job paid X amount and Social Security Disability pays Y. Now why would someone leave a perfect job, 5 years before full retirement for less money if they were not truly hurt/disabled. Now to be fair my condition did get worse and I had additional surgeries after being denied and my Hearing. I guess that's why my Hearing Judge made a Bench Decision so quickly. Every case is different and Social Security uses a high standard to determine disability. To everyone stay strong.
I just got a letter that they are sending me to a doctor to give his/her opinion? What should i expect im 33 injured at 30 rear ended my a tansit bus. I got back and shoulder surgery last year with the pain level worse than prior to the surgeries. I will more than likely have neck surgery also pt is not working at all. I have my appointment on 5/5/12. My friend tell's me to exaggerate with the doctor always. I don't wan't to just tell him the thuth i have my good days as well as my bad days?
@Stitch. Be honest! Don't exaggerate. Doctors know injured people have good days, bad days and worse days. If you go in and say you can't do anything they will know your not telling the truth. Remember you have probably seen several doctors and Social Security's Doctor will review your previous medical reports. Just be yourself. Just explain what your nights, days and medications are like. Try to remember the side effects of all you medications and how many good hours you have during your day. Also explain your pain levels. What positions cause you pain, what positions give you relief. How often you need to change positions, rest stand or anything else. Make sure what you say is consistant with your doctors. Good luck.
@ Bogey thanks again for giving me valuable and positive info i will use it on my forms i have to fax to them. I will keep you guys posted again i'm still young so that a burden on me too show i really can't work for the moment until i get better, god hear my prayer.
Hi everyone :) the smile is because i received my letter from Social Security/judge (had hearing April 18th 2012, letter was sent April 20th 2012, today April 28th the letter stated the Judge found my case FULLY FAVORABLE!!! I am entitled disability, back 2 years exactely and on SSI also back 2 years! The tears ran down my face as I had my son read it to me! thank you for the prayers and support. btw I live in florida in the panhandle. gain good luck Kim Gates
Thank you Bogey and a nony-mouse. I am 50 years Old, with chronic hep C, my serum albumin levels have been under 3g/ml my last three possibly over the last 6 months. I now have been diagnosed hepatic encephalopathy, can no longer drive or perform activities of daily living. My Dr sent me a letter stating that my illness prevents me from performing tasks that requiring even basic mental focus and fine manipulation, and this is not likely to change within the next year. I have to be on about 10 medications, some with horrible side effects. I am e-mailing this letter to my attorney Monday. And no, I am not a drinker, I was a healthcare worker exposed to Hep C in 1985. Congratulations Kim, what a miracle! :) Best of luck to you on your disability claims everyone!!
@Kim. That's great! You should be eligible for Medicare if they went back 2 1/2 years. Double check because when they back date it's confusing. Regardless you will receive Medicare within six months. @Gary. Just hang in there. I've been in your shoes. It sucks! Think of the positive side. Hearing Judges approve the majority of the cases. I've been on this site for 2 years and I can't remember a person being turned down at the Hearing. Stay positive.
@kimgates
CONGRATULATIONS!!!! I'm happy for you! I am not an expert but I like to keep relayIng my lawyers message (he is a former social security judge) it is now critically important to continue seeing your doctors on a regular continuing basis. He (my lawyer) suggests at least every 60 days to see your doctor. He told me many people win thier case then relax and slack off on regular doctor visits. So keep going regularly!!!
@gary good to see you here as always! I'll keep you in prayer! And good luck with your case ! I hope and feel you will win soon... Stay persistent!! I just had my hearing in march.. I'm hoping to get my decision letter any time!
The long wait is killin me..
@everyone
This is kinda off subject but tomorrow is my birthday.. I will be an old worn out 32!!! Lol i know... 32 is not old.. Actually I don't look at any age as old.. Being a former healthcare worker, I seen so many people who were patients that still were young in life.. I used to work with a 72 year old nurse aide and she could work circles around me.. Everyone struggled to keep up with her. Anyways, the point is tomorrows my birthday and I'll be 32. I probably won't do much.. But it would be ironically nice to receive a fully favorable decision letter in the mail tomorrow..
I hope everyone is well and good to see you all here.
@afraiid
Are you still here with us afraiid? Stay in touch
won't be lax in Dr.s ..shoot i will be able to go more and get treatment now, havent been able to, so good luck again
OMG!!!
I recieved my letter today. Fully favorable decision!! I feel like a dream. I can't believe it.. I'm in shock. At the end of the letter it says conditions expected to improve with proper medical treatment and a continuing disability review is suggested in 24 months.. Is this normal?? Also, it says a determination needs to be made to see of I need a representative payee???
I am capable of managing my
Own funds. Anyone ever see this I thier letter? The letter saying continuing review in 2 years? And how do they determine if you need a payee?? I don't need one..
Omg... I recieved my letter today.
Fully favorable decision. God does answer prayers.. I will keep updating and continue to try to offer advice to others. This means I recieved my hearing decision letter in about 5 weeks.
At the bottom of te letter it says improvement could be expected in 2 years with proper medical treatment. Therefore a continuing disability review is recommended in 24 months. Is this standard in award letters??? Please let me know... Also @everyone and bogee!! Thank you all so much for your support! I am so shocked and kinda in a daze right now.. I will give a timeline now...
February 2011 initial application.
April 2011 denied. I filed reconsideration the same day I got the denial letter. May 2011, denied reconsideration. May 2011 hired a lawyer and they requested a hearing. December 2011- was notified of my hearing date march 22nd 2012.
Had hearing in march this year.
May 1st, (one day after my birthday!) recieved letter of fully favorable decision. I called social security tonight, the lady said I would receive my first payment on the 4th Wednesday of. June 2012.. I wonder when I will recover backpay?? She said usually 90 days after my first regular check... Any input will be appreciated!!
@ bogee and Gary and afraiid and habee thank to you all so much!! I will stick around this hub and continue to update and try to help others.. I feel so relieved but also shocked and overwhelmed... It's very surreal...
Also, I've only told 1 close person that I've even applied for disability. My mom and siblings and I are semi estranged. So it's kinda like I have nobody to rejoice with.. So I'm really glad for this hub and you guys..thank you.. Now my worries kinda shift to continuing disability reviews because I'm young... But I'm still very happy tonight. I might actually sleep a normal night for the first time in a very long time. Also I will continue to pray for those fighting! Stay strong, never give up and always continue your appeal... Please get back to me everyone. Thank you!
@James. Congratulations! As far as your question, since it was determined by a Hearing Judge you will probably have paper work sent to you and it will need to be completed by your doctor. Just to check on your status. Social Security Disability does check from time to time. They send you a pack of forms and your doctor completes them. That's why it's important to continue seeing your doctor or doctors. Good luck.
@bogee
The packet of papers that ssa sends and my doctors fill out, are you meaning the continuing disability review? Have you ever had one yet? And being 32, do you think they will review me every year?
@James. I have not. I have been told they send you papers for updates every 3-6 years. From what Nonny-Mouse has posted if your approved by a Judge it's very rare your case will be over turned. Unless your doctor finds a cure for your disability or you go back to work you just have to have your doctor fill out the forms and make sure you send them back within the time frame. Now for my private disability insurance and my job's retirement due to being disabled I have had to provide disability updates. That's why it's important to continue seeing your doctor.
@Jamestulsa
HELL YEAH!!! Congratulations!!!! So, so happy to hear this!!
As far as being reviewed goes -- no need to worry, man. If you're set to be reviewed in, say, 3 years -- you MIGHT get reviewed in 5 years -- and if you do get reviewed in 5 years, I'll be surprised, because it's usually more like 8. I've never once seen anyone get reviewed on time (I have seen a handful of people get reviewed a year or so after they were due). I've seen people who were supposed to be reviewed in 2001 that landed on my desk in 2012. The system is insanely backlogged and since almost nobody gets taken off of disability anyway, SSA isn't exactly chomping at the bit to get the reviews done.
The only people that get reviewed on time are age 18 cases. If you're allowed as a kid, you WILL get reviewed the second you turn 18 ... and you're usually denied. I could go into the whys of this but I don't have time.
Your news made my day, James. God is an on-time God: enjoy the birthday present and DO NOT WORRY. Unless your conditions INSANELY improve, you're not gonna get discontinued.
@everyone today I am happy and finally coming out of the initial shock of winning my case.
I want to continue to help others with questions and advice based on my own experience. Bogee's advice is very agreeable. Get an attorney in your city and state that knows your local hearing office. Also, I suggest if you have a law firm with a former social security judge in your area, definetly consider them as a possible representative. Law firms with former judges have more advantages and knowledge on what a case needs to be approved since thier is a former judge on staff. I was represented by a former judge, but all the other attorneys in the office I used get thier evidence and trial theories looked over by the judge in the firm for his knowledge. Basically, a law firm that has a social security former judge, knows how to package and present a case at a hearing probably better than some standard law firms. Again, consider all your local attorneys, and do your research. But I feel a law firm with a former judge, if it's available in your area, could be a beneficial representative. I think bogee would agree with me on that.
@nonny- mouse
Thanks for the disability review info.. I wondered if they are behind or back logged. I know 3 people on disability. (2 are ssi) and the other one is ssdi (actual work credits) all of them have been on over 5 years. When I asked them, they were puzzled and said they have never even heard of these reviews. I informed them that they are real and reviews do happen. I told them, if you are still truly I'll and or disabled, you better be seeing your doctors and get continuing medical and or mental health treatment regularly. Although reviews are behind, it is my opinion that the system is financially strained, also the country's economy is in the toilet, the national debt is outrageous, unemployment is high, I feel that at some point they will get more picky or more thorough on continuing reviews in order to save strain on the system.. Does this sound logical to anyone? Or am I being a little paranoid? Either way I will keep seeing my doctors monthly or semi monthly at the least, and I will follow all orders and take all meds as prescribed.
@bogee
I think of you and people on this hub often.. And I was thinking today, now that I'm approved, when I get my backpay, I'm gonna save it and be conservative with most of it... But I'm gonna pull a bogee (LoL) and get me an iPad as my treat. I never buy myself anything and I wanna splurge on that.. It will make reading this hub a lot easier. This small iPod screen kills my eyes..
@ habee @gary
I have kept you in prayer for your health, I hope and pray you get better! It really disgusts me to see someone with liver failure (Gary) to have to continue to wait, any organ failure or organ deteriation (like weak kidneys or failing liver or any kind of cancer)
Should be an automatic listing level approval.
@everyone
I will continue to update as I recieve my next letter which is my notice of award. Social security said it already been mailed. I recall bogee saying after he was approved, it still took social security 2 months to show his status as approved instead of pending (forgive me if I'm wrong) my status changed 2 days after my hearing decision was sent out. My lawyer and the social security rep on the phone both said, that is the quickest they have ever seen a status change. God must be watching me. Bless all of you! Talk to you soon!!
@James. I've used my I-Pad since December 2010, and is so much better then my I-Touch. Enjoy. If you down load the Pandora App you can even listen to music when you search the web or post on this Hubpage. Take care and to everyone else stay strong and positive!
I'm nervous. I have my doctors appointment that SS asign to me this saturday. I hope all goes well for me eventhough my disability is strong but my age is not on my side, being 33. I trully believe i can't work for the a while and maybe after my neck surgery. All works well and i'm able to work again. To the new readers i had a l4-l5 spinal fusion on 2/15/11 with three disk pending. Left shoulder surgery on 9/20/11. I been to aquadict therapy that didn't help. I curently have physical therapy and acupuncture and same thing, i still have the terrible pain. I do have my good, bad and worst day's. I see my regural doctor on tuesday and i will ask her for a new mri since i have more pain than before the surgeries, and also it's been almost two years since my last mri. I got injured on 4/27/09 and stop working on 7/29/10 i was rear ended by a transit bus while at work as a bus operator. Thanks.
@Stitch. The Social Security Doctor appointment is a joke. Bring as much medical information about your condition. All your doctor's reports, surgical reports, MRIs and anything else. My Social Security Doctor spent more time making copies of my reports then examining me. Her file on me was very incomplete. If I can give any advise to you an everyone, it's up to you to provide as much medical information about your condition as possible. I created a file and took it everywhere when it came to doctors. I always asked for copies of all my reports. Don't assume Social Security will have all your records. Even though they scan your reports I found a lot of mistakes in my file and it was incomplete. Bottom line, it's your life and your fighting for your benefits. The burden of proof is on you. Just be prepared! Also, try to remember what your Social Security doctor asks you. If you have an Attorney he or she will want to know. Good luck, just be honest and let your medical evidence speak for you.
@Gary
"Thank you Bogey and a nony-mouse. I am 50 years Old, with chronic hep C, my serum albumin levels have been under 3g/ml my last three possibly over the last 6 months. I now have been diagnosed hepatic encephalopathy, can no longer drive or perform activities of daily living. My Dr sent me a letter stating that my illness prevents me from performing tasks that requiring even basic mental focus and fine manipulation, and this is not likely to change within the next year. I have to be on about 10 medications, some with horrible side effects. I am e-mailing this letter to my attorney Monday. And no, I am not a drinker, I was a healthcare worker exposed to Hep C in 1985."
Albumin of 3.0 or less is listing level ... HOWEVER ... there's more to the listing than that. You have to have:
"Ascites or hydrothorax not attributable to other causes, despite continuing treatment as prescribed, present on at least 2 evaluations at least 60 days apart within a consecutive 6-month period. Each evaluation must be documented by:" (This is listing 5.05 B if you want to Google it)
Ascites/hydrothorax is the first thing you have to have to meet this particular liver listing. No ascites or hydrothorax, no listing, no matter how bad your albumin is.
Chances are you DO have ascites, though -- most people do when their albumin is that low. Whether or not you had it on 2 different evaluations at least 60 days apart may be the problem, though. Most - not all, of course - liver patients do improve, at least somewhat, when they take their meds -- and many times they improve just enough to be a hair better than they need to be to be declared disabled. I've seen albumin levels in the toilet one month and a couple of months later they come back to the doctor and look much better on exam.
Liver cases are VERY hit-and-miss.
Let's suppose you have the ascites going on and meet the criteria of the first part of that listing, though. Let's move forward:
You gotta have:
1. Paracentesis or thoracentesis; or
2. Appropriate medically acceptable imaging or physical examination and one of the following:
a. Serum albumin of 3.0 g/dL or less; or
b. International Normalized Ratio (INR) of at least 1.5.
I'll assume you haven't had #1.
The first part of #2 may be what's tripping you up. For this listing they wanna see ultrasounds, or CT scans, or x-rays or MRIS showing hepatomegaly (enlarged liver). Scarring also helps too.
It sounds like you have the A part covered.
My not-so-educated guess for your case, Gary, is that your exams either aren't showing ascites as often as needed, or your labs aren't *staying* listing level (this happens all the time with liver patients). Or -- and this is fairly likely -- the records simply aren't in your file. Just because the examiner orders the records doesn't mean the records will be received. Some doctors simply won't give 'em up. I strongly suggest, if you have an attorney, that you make them do their job and make absolutely sure that they have ALL of your records, including labs, from your gastroenterologist. THIS IS THEIR RESPONSIBILITY and don't let them tell you otherwise!!! When you do get approved they are going to be cut an enormous check for essentially sitting on their ass doing nothing -- make them earn it!
(I am not going into the hepatic encephalopathy listing simply because I've never used it. I have allowed people that have it, I just didn't use the listing to do it. Many times it's easier to allow someone WITHOUT bothering with the listings because they're so rigid, as you can see.)
Your doctor's letter is ok, but could be better. I'm not getting the connection between your impairments and problems with fine manipulation -- I'm not saying you DON'T have those problems, I just don't see what your liver has to do with it. I'm hoping your MD explained this in their letter. Lack of fine manipulation - especially when it's REALLY bad - can be what tips you over to an approval.
As to your MD saying your condition prevents you from doing things that require basic mental focus ... allow me to go into examiner mode for a moment, so you can see how we think. You're able to get online and post messages on here. That requires more than basic mental focus. (Your examiner doesn't know you're getting online, of course -- however examiners do look very closely at ADL's. If someone, for example, tells me that their back problems keep them in 10/10 pain yet they can dress themselves, drive, cook dinner, go to Grandma's house and do some of her housework, etc. - I know they're BSing me. *NOBODY* that is in true 10/10 pain can do anything other than lay on the floor screaming, period. Even people in 6/10 pain are going to have significant trouble doing stuff most of the time.)
I am not saying you're not sick, at all, nor am I saying your case shouldn't be approved. It might be better for your doctor to say, though, that you can't *consistently* sustain basic mental focus. You obviously can sometimes, and probably can't other times -- which is to be expected because most disabled people have good and bad days! But for your doc to make a blanket statement that you can't do *anything* requiring basic mental focus doesn't match up with what very little I know about you -- and it's not going to be given much weight.
Someone who can't do *anything* requiring basic mental focus is someone who can't be left alone, ever, because they are so far gone mentally. If you can hold a conversation, you can do something requiring basic mental focus -- sometimes, anyway.
Doctors mean well but I wish they'd put more thought into their letters. Sometimes letters from the MD are a world of help and other times they're a waste of time for everyone involved because they're not specific enough, or they simply say "my patient is disabled."
All that said, I see that you contacted one of your state Senators a few months ago - YES! Smart! Contact them all! *Do not give up!* And ANY time you have liver labs drawn, call your examiner and tell them!
I just read Nonny-Mouse's post. It brought back some things my Doctor Neurologist said in his sworn statement used during my Hearing. He said basically I could work however, given my condition I could not work on a consistent basis. He explained, I have good days and bad. I have episodes where I'm prevented from getting out of bed, yet I can drive and dress myself. My doctor knew my limitations and my abilities. I am like most disabled people. I don't know when I'm going to have a good day or a bad day. I can feel fine and bend over to put on my socks and end up in bed for a week. I take several medications and most of them have side effects. When my back goes out I wear a morphine patch. I can't drive on morphine and I'm in so much pain I can't lay down without wanting to die. I've already had three level spinal fusion and I still have to be extremely careful with bending, twisting and any lifting. It's like Nonny-Mouse says, it's not what your doctor says it's how he or she says it. I think in my case the key factor was consistency. Judges and Doctors are not going to believe in your case if you say I can't do anything and my pain is 10 of 10 all the time. Unless your stage four cancer or involved in some type of horrific accident your going to have ups and downs in your daily life. Funny were on this topic because I threw my back out yesterday in the shower. Reached for shampoo day ruined. Spent all day on pain meds resting. Today I feel ok. It's frustrating to live from day to day not knowing when your going to feel good or bad. Good luck and I hope this helps.
@ Bogey
Thanks for the info, you were right i wen't to my appointment today and did took my supporting evidence of my disability. The doctor didn't have anything what's so ever and told me you are very smart and organize in bringing your documents. He said i was his first patient he seen in three years that bring it to the appointment. Honestly it wasn't going to take anything but my DL. Until you told me to do so and for that thank you a million. He wrote a bunch of findings from my numerous mri i had and took x-rays of me he was really nice. Thank you again.
@evryone
the other day i recieved a letter from my local field office.. the letter stated something like this
"dear james *******, the alj who decided your case instructed that a determination be made on a representative payee. Please bring a family member or trusted friend, to your local field office to apply to be your payee, or prove that you are able to manage your own financial needs. Your attorneys fees are being withheld until this issue is resolved in a satisfactory manor. I was totally floored and devistated. here i fought and fought to win benefits, then because the judge makes a statement abouta determination being made if i need a payee, i fear someone rogue having control over them... me and my family are estranged. i have one close friend, but i wouldnt want them to "manage my money" so, i gathered 2 years of rental reciepts (my actual money order resiepts for 2 years) and my most recent bank statement, my most recent car insurance premiums and reciepts where i paid it, reciepts from my doctors office where i paid for my doctors visits, i took my current renters insurance policy, with my paid reciept.. i also took all of my medications that were filled this month. i went to my local field office with this letter and this "proof" as i called it. i finally got to a window and spoke with a lady, i showed her the letter and told her, i can manage my own affairs. i have lived in the same apartment for 12 years and had the same employer for 10 years before i became unable to keep working. i told her i always pay my rent, (utilities are included, its all bills paid) medical care, medication, car insurance, renters insurance, and buy groceries before any recreational or entertainment spending. i have always managed my own affairs my entire adult life. the lady went over all the reciepts and said, i see these reciepts, but i dont know if you paid them... i was floored... i could not believe this.. i pointed out my bank statement i said look, these transactions are on my bank statement.. of course i paid them.. it wasnt anyone else, it sure wasnt my parents or family members.. so finally after about 20 minutes of her not being sure,, she finally started to look more favorably at me managing my own affair. i had to fill out an application, to be my own payee and recieve my benefits directly. she granted me capable of managing my own funds and gave me a copy of the paper work. i know the judge is probably just looking out for the best interest of people with mental disabilities, but i have anxiety , schizzoaffective disorder, panic disorder with agoraphobia, and slight recurrent manic episodes. however, im not retarded or mentally ignorant... i have worked full time. i am glad to be approved but now i wonder... omg.. how did i appear to the judge? did he think im mentally retarded or low IQ or learning disabled? it kinda bothered me. also in my disability hearing decision letter, one part said the claimants allegations of impairments being severe is credible due to blah blah blah, and he could not sustain 8 hour a day 40 hour work week due to (about 8 or 9 things) and the claimant has impaired ability to read and write and use numbers... ?? Really?? i filled out my social security applications i wrote long detailed descriptions of my symptoms and medications and how my daily life was affected and turned it in with additional evidence to the hearing office.. also i completed 11th grade. i did not finish senior year, ( once i got a car i skipped class everyday) but you know 11th graders do limited basic algebra and math. im not complaining, because i was approved, but i wonder why he would state i have imapaired and limited ability to read and write and use numbers.. do you think he had to do this to justify giving benefits to such a young applicant? like he might have had to make things worse off in order to support his decision? my doctors know i can read and write and do basic math normally.. this was puzzling to me.. also at the end of the letter it stated,, medical improvment can be expected with appropriate medical treatment. consequently, a continuing disability review should be conducted in 24 months. now, i know nonny mouse says theyre always late.. but again, do you think he put that in the letter to "cover his butt" for giving benefits to someone so young? i read on the internet somewhere that someones letter stated that, and the person said thier lawyer told them that a judge will do that in young peoples cases sometimes to show the appeals council that they expect reasonable medical improvement with a younger person. do you think thats what it was? also, im very relieved but very scared... i am terrified at the thought of a continuing disability review.. if its this difficult to get approved, i think it will be difficult to prove your disability is still continuing.. maybe im being paranoid.. but i have been a person with semi-bad luck a lot of times in life.. ive been shi* on a lot in life, i feel like ive gotten the bad end of the deal a lot of the times.. im a very positive and happy person and i dont act negative because ive had a lot of bad luck, but it makes me worry about a continuing disability review.. my mind thinks great.. if roughly only 5 to 11 % of people are cut off on a CDR, I would probably be one of the unfortunate.. forgive me for sounding so down about all of this. my roomate says just relax and enjoy your situatuion now.. keep seeing your doctors regularly, and when close to 24 months approaches try to get new residual functional capacity letters from my doctors to support my disability (if in fact i have not improved) closer to that time.. but the good news is, I was made my own payee and i will recieve my benefits directly. also, @nonny mouse or anyone who knows, when i went to see the ssa office about not needing a payee, the lady was training a new ssa worker she said to her, we need to find his disability codes in the computer. then she said ahh there they are.. she named off three or four different 4 or 5 digit codes, i assumed these were my "disability codes" on my file. i wanted to know are these actual diagnosis codes or reasons i was specifically approved on? can i call social security and ask what are my specific disability codes and what do they mean? and if so, i would think it is critically important to keep getting seen and treated on these praticular "disability code " issues.. that way when a CDR comes up, i will still have regular and continuing treatment for those specific symptoms.. anybody have any thoughts on this?? please let me know. thank you all! it seems even after approved, in some ways, the fight never ends... keep me in prayer and ill pray for all of you on here too! god bless!
@James
Cliff Notes version - yes, you're being paranoid. A 2 year cycle is about average for someone your age allowed for any kind of mental problem. The longest cycle anyone can have is 7 years -- at your age, the only people getting a cycle like that are those who have lifelong mental retardation. Everyone else gets put on a cycle for anywhere from 1-3 years.
EVERYONE has to go through some kind of capability review if there's any kind of mental problem involved. This is true even for people who are allowed for a physical problem only but just happen to have something mental going on, like depression. If there's any mental diagnosis in file, they're gonna check to make sure you can handle your check.
Don't bother giving your doctors RFC forms in 2 years. Wait until your review actually starts first. You're not gonna get reviewed in 2 years.
The ALJ doesn't have to cover his butt nor justify anything -- ALJ's do what they want and unless they make an obvious error, the Appeals Council isn't going to say anything. The stuff that was written is simply legal boilerplate. No allowance gets appealed before the AC so there's no need for the ALJ to show the AC anything. The ALJ probably said something about your reading/writing either because 1. you were in any kind of special education in school, 2. it was written somewhere in your medical records that you have trouble reading/writing or 3. it was apparent through the forms you filled out that you're not the best writer/speller in the world. No big deal.
Disability codes - most impairments have a code in the computer. This probably varies from state to state so there's no use in throwing some out there. It doesn't matter, anyway - they're just codes and they don't always reflect what's wrong with you. Sometimes we have to pick whatever code's the closest. For example, there is no "bipolar" code -- instead we'd just use the code for affective disorders.
Say you're being treated for bipolar (and only bipolar) right now. I know that's not the case, just go with me on this for a minute. So you get approved for bipolar.
Flash forward a few years and you're up for review and your records show that you're being treated for, oh, generalized anxiety disorder. No mention of bipolar in your records, your doctor decided that you never were bipolar, you just have GAD.
I have two words for you: SO WHAT.
It doesn't matter, it doesn't matter, it doesn't matter. What I'm trying to say is it doesn't matter. When I do a CDR I will glance at the reason they were originally approved so I know where to start - that's it. I don't care what code is in their file nor do I look for it. All I see is "allowed for mental" or "allowed for physical" or "allowed for both" and then go from there.
So don't sweat whether or not you're being treated for whatever codes are in your file. Here is what they're gonna look for when you get reviewed:
1. Are you still seeing some kind of mental health specialist?
2. Are you still on meds?
3. Have you made a miraculous recovery?
#1 doesn't matter, really. Unless you improve so much before your review that you're off meds and totally off therapy, you're gonna be found as no medical improvement.
You're gonna be fine. Stop worrying. God didn't bring you this far just to screw you over in a few years. If you get better, you'll go back to work -- if you don't, you're not gonna get discontinued.
@nonny mouse
Thanks for the insight. So even if I'm diaried at 2 years to be reviewed, it will almost definetly be later, since you say no CDR are ever on time.. ? I feel better with your information. And nonny mouse, I am not trying to out your identity, but I'm curious about you as an adjuster. Can you tell us the following?
1) are you a ssa field office employee??
2) are you a state disability determination services employee?
3) how long have you been doing work with social security?
4)what is your age or general age?
5)what city and state do you work in? Or just state if you don't wanna say the city..
I'm just curious as I'm sure others probably are too. Also, how is the workload and processing times in your office? I know everywhere is back logged but some places might be slightly more or less back logged than other areas. I would appreciate any info and insight into who you are and where from.
@everyone
I'm James. I'm 32. I live in Tulsa Oklahoma. I have worked full time since age 16 (1996) until sept 2010, I was reduced to part time for health problems. I didn't tell my employer I was having health problems. I kept this private and hidden because I was ashamed. In feb 2011 I had to stop work completely due to severity of symptoms. I was a waiter and a sales person in a beauty supply and I managed a subway and worked in a dollar general as assistant manager. These were my jobs from age 16 to 19. At age 20, I became a certified nurse aide , a home health aide. I did this in 2000. I signed on with a healthcare agency that rents medical workers out to hospitals when they are short staffed, and also they send workers to do home health. Here in Tulsa, there is 3 major hospitals, hillcrest medical center, st. Johns , and st. Francis. I have worked on various assignments in these hospistals from 2000 to 2011 and also done home health in the Tulsa area. Since I have worked in the hospitals for several years with the same agency, all of the department managers got to know me and so did human resources. I got to start training as a specialty tech in several areas, I would do cardiac cath lab, pulling out femoral catheters and putting sandbags on the legs to stop bleeding. I worked in the burn unit, neo natal icu (breaks my heart) also in behavioral health and drug detox (psych ward) and pediatrics, oncology, and various other areas. As my personal impairments came on in 2007 , I noticed it becoming a struggle to maintain a "professional composure" or even be in public. I struggled so hard to keep working until feb 2011. I took several vacation days and personal unpaid days. I was scared to go to work because I never knew how my symptoms would be.. But that's the inside scoop on me.
Currently my diagnoses include
Morbid obesity 365 pounds. (I am tall and people say I look 250 max) the judge even said you weigh 365? I said yes. He said if I didn't see it in your file on numerous medical visits, I would have a very hard time believing you weigh 365. But I do. Other diagnoses include
Sinus taccycardia, menieres disease, extreme vertigo episodes, high blood pressure(controlled well with meds) orthostatic hypotension, swelling and edema, joint pain, maybe osteo arthritis, angina chest pain, also scizzoaffective disorder bipolar type, GAD, social phobia, panic disorder with aghoraphobia, bi polar type 2, recent and remote memory impairment, and non specific acute chest wall pain episodes. Look some of those up.. They're really sucky impairments. But we all have our problems. I just wanted to give some background on myself. And I will continue to update!
Clarification----
In my previous post I said I was reduced to part time work because of my health problems. I did not tell my employer I had health problems, I kept it hidden because I was ashamed.
What happened was, I missed a lot of work from being in the ER. My job said they would put me to part time if I kept missing. I didn't tell them all the times I was in the ER. So I went to part time voluntarily, because they were gonna do it anyway. I told them I had a sick family member at home I needed to take care of. But the real reason was I was having such severe impairments that I couldn't continue full time work. After missing a bunch of
Part time shifts for
Health reasons, I was let go for too many absences.
James, CONGRATS!!!!!!!! Now you can get on with the rest of your life! God indeed worked a miracle! I wish you well, and hope you are doing ok. @ nony-mouse Thank you for all of the helpful information. I will win my case, because I now have all of the supporting labs, imaging results and such. They don't lie, and neither do I. Yes I have enough focus to do things on the computer, but for about only 2 hours, then I become confused. What was I doing? What was just on my mind? What was I just saying? These are some of the things I go through daily. Having been in the medical field for so many years,I find it hard to believe that an examiner could make a disability decision for documented medical problems. They should take a MD's findings. Why an MD? Because of all of the training they have to go through and then take board exams, and take continuing education courses to maintain that license. What type of license does a disability examiner have? How long is the training? Do you have to maintain a certain level of continuing education? Not ment to offend you, just give you and everybody food for thought. Oh by the way, I am being evaluated for liver transplant... Thanks to all of you, and best of luck!
@James
"So even if I'm diaried at 2 years to be reviewed, it will almost definetly be later, since you say no CDR are ever on time.. ?"
The only CDR's I see on time are the ones where the claimant just turned 18. I have seen some CDR's that were started a few months AFTER their diary but generally speaking most CDR's are extremely overdue, to the tune of 2-7 years.
1) are you a ssa field office employee??
-No. I wish. I'd be making a hell of a lot more money.
2) are you a state disability determination services employee?
-Yes. I'm an examiner and also an assistant supervisor.
3) how long have you been doing work with social security?
-Long enough to remember the days of paper cases and the days where drug addicts got a check just for being addicts.
4)what is your age or general age?
-Older than dirt!
5)what city and state do you work in? Or just state if you don't wanna say the city..
-I'm not comfortable answering this one. I can tell you I am very far away from Oklahoma. I shovel a lot of snow in the winter, put it that way. Lots of rain 'round these parts, too.
"Also, how is the workload and processing times in your office? I know everywhere is back logged but some places might be slightly more or less back logged than other areas. I would appreciate any info and insight into who you are and where from."
Workload/processing time is impossible to answer. My office is huge - most DDS's are. I've seen caseloads range from the 60s to the upper 300's. My caseload is very low (not in the 60s, I wish) however I work extremely hard to keep it that way. I don't know what my processing time is -- ballpark, maybe upper 40s, lower 50s. This means it takes me an average of 40-50ish days to process a case from beginning to end. I've had some cases drag on and on and ON and on and on for almost a year, though, and I've had tons that were opened and closed the same day.
@Gary
"Having been in the medical field for so many years,I find it hard to believe that an examiner could make a disability decision for documented medical problems. They should take a MD's findings. Why an MD? Because of all of the training they have to go through and then take board exams, and take continuing education courses to maintain that license. What type of license does a disability examiner have? How long is the training? Do you have to maintain a certain level of continuing education? Not ment to offend you, just give you and everybody food for thought. Oh by the way, I am being evaluated for liver transplant... Thanks to all of you, and best of luck!"
Not offended at all :)
An MD's findings ARE used in determining the decision -- why do you think we order medical records?
Depending on what kind of case it is, 99% of the time an MD signs off on what I do. I don't remember the last time I signed off on a case and closed it. Let's put it this way, though ... let's say the examiner gets your case and can immediately tell you meet that liver listing. Would you rather they sign off on it that day and close the case, or would you rather wait around for a few more weeks for your money until the MD gets around to signing off on it?
If someone is on dialysis, or in a wheelchair -- it doesn't take an MD to know they're disabled. If someone goes to a CE and blatantly fakes being unable to walk unassisted and then is spotted walking normally to their car after they leave the CE examiner's office -- it doesn't take an MD to know that they're NOT disabled. (This happens very rarely, but I have seen it happen a few times.) Plus examiners read thousands upon thousands of pages of medical records a year. Read nothing but medical records 40 hours a week for several years and you're gonna pick up a thing or two. The rules are very, very rigid. With physical cases it's usually pretty clear if someone is disabled or not. Mental cases are the trickier ones.
There's no license to be an examiner. Training, I don't know -- when I started it was mostly on-the-job. That's changed a lot, though, but they keep the new hires away from us so I'm not really familiar with what they do (I just know when they send us a new kid I have to un-teach them some of the things they were told in training). It seems, though, that training these days is about 4 months. As far as continuing education goes we have training sessions that we have to go to several times a year.
@ a-nonny mouse
Can you read all my post and give your opinion on my situation I live in California. You stated all states are different, but you know more than all of us. Thanks
I just wanted to give an update. We found out Friday that my husband was approved for benefits as well as our daughter! They made me rep payee for both of them. I feel blessed that everything came together so quick. We applied Feb 23rd and his caseworker called on the 4th and told us that he has been approved. Thanks for everything. I read every single comment on this page and it was alot of help!
ProudVetWife. That's great news! I hope for continued success for your husband, you and your family. It seems many of the disabled individuals on this Hubpage are receiving the Social Security benefits they deserve. For everyone still waiting, hang in there and keep fighting.
@vetwife
Congradulations!!!! I am glad you were approved
@gary
Thank you for your support ! I'll keep you in prayer! I have a feeling your miracle will come soon!!
@ bogee or anyone who might know
I am single and now recieve ssdi
If I was to marry a woman, would she or her children if she had some recieve benefits off of my disability?
I absolutely do not plan on getting married. I'm just curious as to the what ifs
Thank you
@James. Not 100% sure, but if you get married and she has children under 18 and the children live with you they may be entitled to a benefit. As far a a wife, only when she turns 65. I'm not 100% so you may want to research this. Sorry I don't have a definite answer for you.
Well I'm very grateful and excited to be approved. However, since my birthday is at the end of the month, my first June payment falls on the 4th Wednesday of every month. Grrrrrrrr. Why can't everyone's just be on the 3rd?
Also, I spoke to my lawyer today. I told him I still have about 8 weeks of unemployment left. I asked if I should not draw anymore. He said I could legally finish drawing it. He said based on looking for part time work only I was not violating any rules. I told him I was looking for part time, just so I could actually get unemployment. I told him I don't think I could actually work part time at all.. I'm not sure I could even make it through an interview. He said Oklahoma laws say you must me able to accept work and make 2 job applications a week. He said further, there is no law about sustaining or being able to keep the work, so he feels I am in the clear. However, since my first payment is in June, I think as of June 1st, I will not draw unemployment anymore. Social security knows I am drawing unemployment, but I don't wanna mess up my benefits or cause a problem. I kinda wonder if the lawyer just told me that because he already won my case and is getting his money. Any thoughts or input would be appreciated!
@James. Check with Social Security. In some cases they off set any income and pay you less. I don't know how it works with disability cases but my neighbor used money from her 401K to fix her house and Social Security declared it as income. They reduced her monthly check for over six months. She was very upset because they never told her anything they just reduced her monthly check. I have read your allowed to earn up to $900.00, a month but I don't know if they reduce your check when you earn money. Good luck, hope this helps.
I am supposed to be recieving some back pay. social security says you will usually recieve your back pay a few months after your first monthly payment.
does anyone know what or when to expect? i dont have any LTD or workers comp . all i have had is unemployment benefits during my application. they were small payments like 140 a week. i need myback pay desperately for some bills. heck, i dont even need all of it. just about 700 dollars to catch up past due bills. i dont planon blowing my back pay. i just want to catch my bills up.. has anyone here gotten back pay in a timely manner? either way, please let me know at what point did you recieve your back pay!
thank you
@James. Your lump sum is about 2-4 weeks after you receive your first check. Call your Attorney. Social Security pays your Attorney first, so of he or she received their check you should get a call from Social Security to set up your lump sum payment. They check to see if you owe any money to workers comp or any long term disability companies before paying you. It stinks but everyone gets paid before the disabled person does. Good luck.
SSI or SDI from a claim that was filed over two years ago.
What happen was I had filed while living in Texas with a attorney out of Austin. But I had to leave the state because of no income and not being able to survive. I came back to California where all my family is to find out no one wanted to help me either. i recived a letter several months later from Texas attorney stating that they were not going to represent me but advised me to seek help here in california that I still had a very good case the reason behind them droping me was because they couldnt get a hold of me. This is true because ive been homeless and its hard to use a phone or the bottom line truth is ive not cared about anything or even living. BUt I came out of my drepression state of mind and now i want to get the ball rolling again so that I can get stable. Is my claim still out there how do I find out i have no records anymore of anything
Can I. Contact Social Security and have them give you a status update on your case. Also keep the letter from your original Attorney so you have proof you were discharged. After you get an update go find a local Social Security Attorney to help you navigate through the system. It's tough enough but since your case is probably in limbo I would suggest the assistance of an Attorney. Good luck and stay strong.
@can I still recieve
I'm no expert, but if you don't appeal things within 60 days, they close your application. Also, if you did nothing for 2 years, you will probaably have to file a new application. Find a good local attorney in your city. Sometimes I believe a lawyer can open up a time frame from a prior application if you didn't work since then, but I hear claiming back to old applications is very difficult. Also, my lawyer told me (he is a former social security judge) that it is impossible to win without current medical records. By current he clarified, regular ongoing treatment, plus a recent visit within the last 60-90 days.. However I'm no expert, talk to an attorney. Also, since you have depression, get involved with mental health right away. Many cities have free mental health available for people with no income. Mental health treatment cannot hurt your ssdi or ssi claim. It is doctors treatment and records. Good luck...
Just checking to be sure I can post without getting an account!
Okay, so here goes: I am 23, my dad has paranoid schizophrenia, and at 16 I was diagnosed with major depression, GAD, dysthymia, possible social anxiety and adjustment disorder, and they aren't sure yet about a possible axis 2 diagnosis. I was just wondering, for those familiar with GAF (Global Assessment of Functioning)-- have you found that to be a compelling argument in an appeal? I'm afraid that I'm going to be denied again (this is my second time applying for SSDI)My GAF score, however, has been as low as 48 in 2010 --which translates to: 41 - 50: Serious symptoms (e.g., suicidal ideation, severe obsessional rituals, frequent shoplifting) OR any serious impairment in social, occupational, or school functioning (e.g., no friends, unable to keep a job). I feel that my mom doesn't take my complaints about being unable to work F/T seriously...my friends seem to be in quite a bit of denial as well, but the fact of the matter is, I can barely even handle being P/T!! I am stessed out by everything. Not to mention I still live at home with my schizophrenic father (and very depressed and unhappy mother.) I just need hope that just because I'm 23 I'm not going to get denied no matter what.
@ashley
helo. dont give up hope. if you know and believe you are truly disabled, dont let the doubt of friends and family
hold you back. only you know your true limitations. i have a terrible family.. they are very critical of everyone. also, i was recently approved for ssdi at my hearing. I have not and will not tell anyone in my evil family. i feel that it is none of thier business. you can shove medical records in thier face from a disabled person. they will say oh bull**** , that person could work, they are just lazy and want a free check. my family says that about almost all disabled people. my brother says, ive had back surguries, herniated disks, have migraine headaches everyday and i still work!!! but
my thoughts are just because he can work through supposed terrible pain everyday, that dont mean everyone can. i have mental and physical problems. if i could still work i would. i would make about 55 percent permonth, than what ssdi pays me. so dont let family or friends say your not disabled. and be careful of what business you share with them. some people are very dirty and will call social security and say things like they are not disabled, or they carry groceries in so they are not in pain.. i was scared of my family trying to get my benefits cut, so i told them nothing of my disability application. i have to keep living a lie. i actually tell me estranged familywhen i talk to them that ive been busy with work and that nothing is new or different.
i have to do this to keep negative people at bay. there are only 2 people who know im on disability besides my self. Oh!! and the wonderful people on this hub. but these people are good people, and you can consider them friends.
Anyways, as far as a GAF score, i believe it does have some signifigant weight. some judges really go by it. now, in the reconsideration level, state examiners may not care, but at your hearing, your GAF can play a big role. from what ive learned anytime a GAF is under 50, it is worth mentioning. when the lawyer cross examines your vocational expert, (chances are being young, you will have a vocational expert present) when the lawyer questions the vocational person, the vocational person may say, ashley is 23 years old blah, blah, blah, she can do the following types of work in the national economny. the vocational expert will name off a few or several jobs. but then as in a young friends of mine case, the lawyer said, ok mr. vocationalexpert, assuming the claimant has a GAF of 42 (thats what his was) can the claimant perform work in the national economy. very quickly the vocational expert stated, NO with a gaf of 42 the claimant could not do any work that exists in the national economy. the claimant would get into fights with supervisors and co worlers and the claimant could not follow directions and could not maintain a normal work routine. my friends case was approved. he was 21 at the time. so be sure to get a good local attorney in your city or town that knows your local judges. this will help you greatly, and whoever assesed you and gave a GAF of 48 get that assesment copy or have your lawyer request it, also ask the lawyer specifically if your gaf will be used to cross examine the vocational expert. ive seen a few hearing myself in person, and a low gaf below 50 and a vocational expert dont mix well. it makes them unable to put you in many typesof work.
Also, im not an expert, just had my own experiences and friends experiences. get a local attorney if your denied again and request a hearing. stay strong..its a long process young lady.. i wish you the best. also dont forget, keep your disability case, hearing, appeals process, your medical records and your whole social security business private!!! dont tell friends or family.. only the closest ones you know you can trust. its none of anyones business but yours ad your closest allies! and of course you can talk about it here because this is an online anonymous forum. again, i keep my social security business private because my family believes disabled people are lazy and just want a free check. and some people and maybe even friends could get jealous that you recieve monthly benefits and try to call in and get trouble started and get your case investigated. in my case i have good medical records and i would have nothing to worry about. but i just dont want the hassle or the review process.. but best of luck. let us know how things go for you!!
@Jamestula- Thanks for your input, I appreciate it. I'm just really on the fence about getting an attorney and all that stuff. I'm not sure why, since I know work can be truly unbearable for me, I guess it's just I guess the shame that goes with it (even though I really do feel that I have limitations that keep me from working F/T...) and also the feeling that I'm young and they won't care. I'm trying to not get too down about it though. I'm also kind of confused on whether they could deny me for SSDI but still approve me based on my dad's benefits? I guess I don't get how all that works. I understand that either way they would have to find me to meet their criteria for being disabled, which seems to be about as predictable as the weather. I also AM able to work A LITTLE. I can work about 15/hrs a week. Does being employed P/T put you at any risk for them thinking you are in fact perfectly able? Because I really and truly would insist that the only reason I am stable right now is because I am being largely supported by my parents (I do contribute to rent and to pay my loans etc.) and I am working very minimally. If I work F/T or have too much on my plate, THAT'S when I really go off the deep end. I just would hate to think that they are going to continue to wait for things to get so bad that I end up in the hospital again or something!
Also, to clarify, they haven't denied me yet-- They are just now starting to look at my medical records and such. Tomorrow I am going to drop off my copies of records because I guess I'm just not sure how much information the clinic I've been to for my mental health stuff is going to give to them? I want to give them my copies just to be sure they get everything.
@ashley
my lawyer stated to my judge that i possibly could work 4 hours a day 2-3 days a a week. in a very special situation. what you need to look at is your total monthly GROSS income. what you make before taxes are taken out. if you are making over 1,010 dollars per month you will not qualify. this amount is called Substansial Gainful Activity. for the year 2012 if you are not blind, (legally blind) and you make over 1,010 per month, regardless if its full time or part time, you will not qualify. they will only count your earned income. if you get unemployment or student loans they will not count that income as earned in the 1,010 per month. so you can qualify working 15 hours per week if you make less than 1,010 per month gross.now, you asked "does being employed p/t put you at risk for them thiking that you are perfectly able" in my own opinion, i would think yes, to some examiners they might automatically think, this kid is 23 and working p/t. surely she could pursue more hours and make "substantial gainful activity" each month. some examiners might not assume that right off the top. but in my opinion i would think most probably will look at part time as you could work more. but dont lose hope , if you have regular medical treatment and also if your in mental health treatment , those records can help you. again , im no professional, im just giving my opinion based on my experience. i would think or guess that being 23, your probably gonna get denied at the regular application process..then depending on what state, they will send your denial to you and the letter will say you cvan file an appeal called a reconsideration. some states dont have reconsideration, if your state has reconsideration, do what i did, dont waste any of your 60 days to appeal. its gonna take a long time to get benefits if your denied. ashley, the day i got my first denial letter, i called social security on the phone that same day and filed my reconsideration request. dont waste any days. file reconsideration as soon as you get the denial letter. after your reconsideration is denied, thats usually when most lawyers will represent you at that point. some will take you before, but usually they want you denied first. so, after my reconsideration was denied, i called a local lawyer in my city. always get a local one because they know the judges in your hearing office in your city. the lawyer said to me (he was a former social security judge) he said, young man i will be happy to look at your case, but i wont know if i can take it until i see your medical records. he asked if i was seeinga doctor regularly, like atleast every 60 days or every 2 months. i said yes. i took my medical records and a few days later the secretary called and the lawyer took my case. now, being 23, your gonna have to be seeing a doctor regularly. what are your symptoms that make you unable to work full time? is it stress? anxiety? poor memory or poor concentration? you need to be seeing your doctor regularly for these symptoms and tell the doctor how they affect your daily life and daily routine. also be specific, tell him or her, doctor can you please note specifically in my file, the complaints of my side effects and how they affect my daily functioning. you will need these things noted. Bogee taught me here from reading his posts, when your young, youve got to have your bases covered. young= difficult to get approved.
I think bogee is 40 something (forgive me bog if im wrong) and I am 32. i knew that me being 10 years younger it would be even tougher on me. and also you being 23 its gonna be harder than if you were 32. i think. they kinda look at everyone under 55 or 50 as "not advanced age" so you dont get as many breaks or shortcuts. if your under 50, youve kinda got to prove why you could not do basic unskilled sit down desk work, for 8 hours a day and 40 hours a week. again this is just my opinions. im no expert. but i do recommend see your doctor regularly, dont let family or friends discourage you from disability if you know you are disabled, and if your denied keep appealing and get lookin for a lawyer in your area. the lawyer should take your case free until they win. tell the lawyer from the beginnin, i feel i can work part time 15 hours. but i cannot work full time 8 hours a day 40 hours per week. they should be able to help guide you. good luck hope this helps.
@bogee , Gary , afraiid, habee, and any other regular i may be forgetting....
this hub is about social security as we all know, however i was wondering if I could have your emails, to chat as friends from time to time, and for stuff that is not related to this hub, like ipads! technology, general life interests, exercise and therapy stuff, medicare etc. if you are okay with it please send me an email so ill have your address. my email is
anthonyntulsa@gmail.com
@bogeY
bogey i apologize, i just realized i have been spelling your name bogee instead of bogey this whole time i have been on this post. i cant believe i never noticed until now..
@everyone
On tuesday i recieved my "notice of award" letter. i guess this is the offical approval letter from social security. it was from baltimore maryland. it told me my monthly payment amount and my backpay dates and amounts. its close to 10K before attorney fees. i talked to social security on the phone, the lady said that i have no LTD or no Workmans comp. I asked her about unemployment and she said they do not usually ever deduct unemployment benefits from back pay. she said however, she could not guarantee either way if they will take it out or not. she assumed not though. she said the main thing theyre worried about is LTD or workmans comp, or IRS bills, or CHILDSUPPORT, or DEFAULTED student loans. (government ones only) nbot private ones. so she said i should be fine. she said also that they are told to say 60 days after your first monthly benefit is paid. however she also said , I have seen many times where people get thier backpay before thier first check, but for a time frame I have to tell you 60 days after first payment. so she said dont depend on it before my first benefit check but she said its very possible. she also noticed in my screen that my lawyers fees were deducted on tuesday. she said this means that this is active now, they are working on your back pay now, so dont be surprised if it comes soon, but dont depend on it. only DEPEND on the timeframe of 60 days after first payment.
Also i recieved another letter that contained a "password" i went to ssa.gov and clicked on disability on the top, scrolled down and there was a check your benefit information online. i clicked on it and was able to set up a password. i was and am now able to go online and see all my benefit information, future medicare info, name and address and phone number on file and any overpayment information. i can also change or edit my address or direct deposit info online! i thought it was apretty cool set up! i was glad to find out about it. but thats the latest update on my process..
ill keep updating! always glad to hear from you guys
@ tula, i've been trying to get in to see my therapist but the clinic i've been going to since 2005 is apparently slammed with patients now. i would say that i do not go to the doctor's every two months for the simple fact that i am under my parents insurance and they only have major medical. the tricky part is, i'm feeling pretty good for the most part right now, but i know it's only because i'm working 15 hrs a week! my parents are getting old and aren't in the best of health so that does not leave me in a good position if anything were to happen to them. THAT'S why i need to be proactive about this now. you asked "what are your symptoms that make you unable to work full time? is it stress? anxiety? poor memory or poor concentration? "----oh boy, all of the above. it gets so bad when i have to work 20-30 hours...i get snappy with coworkers, get moody (on the verge of tears when something goes wrong), defensive, and if it's really busy i can't even think straight because the anxiety is paralyzing. i'm a waitress and my boss has made some accommodations, but again, i'm not capable of F/T work, and that goes for any of the 10 jobs i've had in the last 7 years. being a waitress especially i notice that i have memory issues as well (which i'm sure is pretty common for people with mental illness) --- again the hard part is proving that you can't do what you've refused to do (work F/T) for so long now because the last time you tried to do it, you ended up withdrawing from school and going back to see the psychiatrist! i don't want to have to get to the point where i'm in the hospital or something to get benefits, which i truly believe is best for me. i will of course continue working p/t, but without any supplemental income, i'm screwed.
@ashley
Seeing a doctor every 60 days is not a required rule. But my attorney told
Me he likes his clients to be seen at least every 60 days and he said its almost
Impossible to win without current ongoing
Medical treatment. Now don't lose hope, but see if there are any free mental health clinics you can see.. There are 3 or 4 in my city who see people on low income.. Or no income. And also, call a local attorney and just ask them for some advice or guidance. My attorney even have me a list of free or income based medical and mental health clinics in my city... Keep us updated. And again I'm no expert. Good luck. If you continue to fight keep us posted!
I got confirmation that my attorney recieved thier payment today. The social security
Reps know I didn't recieve ltd or workmanship comp. do you still think they will call anyways to set up my back payment? Is there any other questions they ask besides ltd and workmans comp? Just wanna be prepared to answer any other questions.
James. My only delays were they do there own investigation to see if you received any LTD or Workers Comp. Once they were satisfied I was called in and the lump sum was released. So basically your at the mercy of the case worker with your file. If he or she is motivated your case will move quickly. Good luck, your almost there.
James, I never received workers comp but Social Security still checked. I only know because they found an error in my last day worked and it caused me a small issue. My last day of work was June 12, 2007, that was the day I became injured and untimely disabled. Someone in my payroll section listed me working on June 13, 2007, instead of out sick. I just had to have my job send a letter and give Social Security documents they already had showing I was in the hospital on June 13, 2007. It was something so minor but the go over everything with a magnifying glass before they release your money. That being said, since your Attorney was paid your very close. Also thanks for your advise to Ashley. I'm very limited with the mental health portion of Social Security Disability. You would think disability would be being disable but they seem to have two separate ways to determine disability. One for physical a second for mental health. Really stupid! You are disabled or your not. The reason really shouldn't matter. Then again age shouldn't either. Take care, your money is coming. You could have been like me. All my issues were around the holiday season. Everyone was on vacation. Hope your case worker doesn't have an early summer vacation planned.
I applied on 12/19/2011 as of today they haven't told me there decision. They sen't me to a doctor on 5/5/12 i guess they are waiting or verifying the doctors report. I hope is in my favor. I faxed directly a copy of my recent mri of my neck to the examiner in the state of California. I see my neurosurgeon on wednesday what ever he says i will ask him for a letter of his findings and recommendations. I'm no doctor but i saw the films and went online to check what the findings of the mri stated and it recommends surgery.
Thanks for the reply bogey. I have a feeling things will come to me soon. And I am glad that it's not right at a holiday season.. All the stalled holiday weeks would really suck. Also, I'm going crazy in anticipation of my one treat out of my disability. My iPad. !!!!!!! I can't wait.. This itouch kills
My eyes and is a pity to have to read and type on... Can't wait to experience the games and other apps to on an iPad. I know it's the same set up as an itouch but on the bigger screen, it must be like a whole new experience! Come on backpay.... That will be my one treat. And I need a pair of shoes. Something moderate to good quality. Maybe reebok or new balance walking shoes. Just something comfortable for feet. And I have about 750 dollars of medical doctor office calls I need to pay off.. My medical doctor I obtained while I had health insurance from my job. After my job and no insurance , he continues to see me on a cash basis.. It's kinda nice because it's like 140 for an office visit. But if your uninsured you get a discount and it's like 82 dollars.. So I'm glad I've been able to get continued care... I'll keep updating
Good luck James. @Stitch. If you just saw Social Security's doctor on May 5th, you still have a while. The doctor has to write there recommendation and send it to your case worker. Your file is then reviewed by an adjuster and a decision is made during this process. I don't know when, since I don't work for Social Security. Looks like your in the early stages of your disability case. That doesn't mean your case can't be ruled on in your favor next month, it just means the people who make the determination haven't even seen your case yet. Good luck.
@ Bogey
Thanks again for the good advise.
@stitch29968
You asked. Remember that. Don't shoot the messenger.
Your chances are EXTREMELY slim. You are simply too young and yes, you've got some severe injuries and yes you've had major surgeries. Unless you are incapable of performing even sedentary work, though, you're not going to be approved. Your medical records are gonna need to show *severely* decreased range of motion of your shoulder as well as muscle wasting/atrophy in your legs for your RFC to be knocked down that low. (Muscle strength is one of the main things examiners look at. If someone tells me they can't walk more than 5 min at a time and their records say "normal muscle strength in legs" repeatedly, that tells me they're doing a lot more walking than they say they are. People who really are incapable of doing much of anything will have muscle atrophy and wasting.)
Now -- bear in mind, I haven't seen your medical records so I cannot unequivocally say one way or the other that you are or aren't disabled. But based on what you've said it doesn't sound promising. If I were in your situation, I would get hooked up with Voc Rehab and get retrained for a job less physically demanding. VR gets a bad rap -- they deal with a lot of people who are simply there to jerk them around and have no interest in actually working and I think VR workers get jaded. They do wonderful work with those who do want retraining, though.
Whatever happens, you definitely should keep appealing until you go before the ALJ. In the meantime, though, you need to have a plan B -- VR, or school, or something. I have seen hundreds of people just sitting around wasting their lives waiting for disability to come through when it's never gonna happen (namely, they're way too young). Don't be one of those people. It's better to plan for the worst and if your SS does come through - great! If not, you haven't shot yourself in the foot.
Meanwhile - I hope you sued the person that rear-ended you!
@Jamestulsa
Not so fast on paying that $750 to your doctor, ok? If you were awarded SSI (even if your SSI portion is just $1 a month) as well as SSDI, you will get a full coverage medical card, and it will backdate to your date of disability (I think. It might backdate to your date of application).
Not knowing your date of onset I can't really wager a guess as to when your Medicare will kick in. It's generally 2 years after your date of onset, though. Depending on what your onset date was and when you started seeing this doctor, Medicare might (MIGHT) pick up the tab.
Just be sure, is all, before you pay up. I am no financial whiz but I've seen people blow through huge backpays like it was water. Some of this is because they went out and bought everything they had to go without for years on end, of course. Sometimes, though, they went out and bought a bunch of stupid stuff they didn't need and then wondered 6 months later why they were living check to check again. You've got 1 shot at making this back pay last a good while. It may do you some good, depending on how big your back pay is, to talk to a financial advisor - most initial consultations are free.
I don't deal with the money side of SS but -- and this may vary from state to state -- most people I've known to get approved get the back pay before their first check. Usually back pay just shows up in your bank account one glorious day without you having heard anything from SSA. If this happens and you haven't received anything in writing from them about your back pay being on the way and the amount -- call SSA first to make sure it's ok to spend it just to be safe.
@Nonny Mouse. When I first became disabled I lost 59 pounds and all my medical records showed atrophy and loss of range of motion. Couldn't raise arms above my head, unable to sit for extended periods of time, more then 20 mins, pluse I was on so many pain medications I was living in a blur. I had 7 medical procedures on my back, physical therapy for a year, 9 injections in my left knee, hip surgery and developed Avascular Nercrosis stage 3 and to top it off I had 3 level anterior posterior spinal fusion from my L1-S1. Not to mention I need neck surgery for thoracic outlet syndrome. After all this and I have no feeling in my left leg because they hit a nerve during surgery they also hit another nerve causing me to require medication to control my bladder, because I now suffer from positional over active bladder sydrone. This will most likely require me to need dialysis in the future. The reason I'm writing is, Social Security's Doctor was very concerned about atrophy and range of motion when I saw her. Now when I saw Social Security's doctor it was 2008. My condition was still getting worse. I didn't have back surgery until 2010. So for me I understand how she had ratings about my strength and range of motion that were completely different from when I went to my hearing. That being said, my Neurological Doctors all documented my atrophy and physical limits. No bending, lifting or twisting. Not sitting for more then 20 mins without breaks, the use of a can or walker depending on my days and my driving privileges were taken away because of my condition and the medication. As far as Stitch, Nonny-Mouse is correct about atrophy and range of motion. I only remember because before my hearing I reviewed my medical file from Social Security and there were four pages dealing with this area. For me it actully help my case during the hearing because my doctors and the doctor at the hearing agreed it would be impossible for me to do what was documented. As for the adjuster, he or she was put in a bad position because there opinion based on Social Security's doctor and the information provided. My adjuster rated me higher, stating I could do more then sedentary work. On a different subject. Nonny-Mouse have you herd of Social Security selecting cases and sending them to another case for a random review? That's what happened in my case. I was approved, sent for review and denied at the review. This happen at the reconsideration level. My case worker told me and I saw it before my hearing. Well stitch good luck and Nonny-Mouse thanks. Also James Nonny-Mouse is right. My Medicare card was back dated. So even though I didn't have the card I had Medicare. If they back date you over 2 years plus the 6 months you must wait to apply. I was injured June 2007. My Medicare Parts A&B were effective December 2009, even though I won my hearing in August 2010. So I didn't know I had Medicare for over 9 months. My Attorney told me to advise all my doctors as soon as I receive my Medicare to avoid any insurance problems. I guess a lot of people make mistakes with Medicare and it can cost you a lot of money. Good luck.
@bogey
Thanks for the advice! @nonny mouse and bogey
My date of disability was feb 2011. So after my waiting period social security says I will be Medicare eligible July 2013. Are you saying even in July 2013 they may pay for previous bills before it becomes effective? Or is it possible?
@nonnymouse
As you know I was approved. I have a combination of mental and physical impairments. Now, I know my review will not be on time also I know my review will likely be continued unless I do make some good progress and do return to work before my review.. I make more money working than im gonnna make on disability. So working is preferable. Here's what I'm wondering nonnymouse, is a review easier for older people? And in a younger persons case are they more strict on your review? If your marked as medical improvement expected, as my notice of award says, will they be trying to prove a lot harder that I have improved on review? Or, do all cdr have the same level of scrutiny across the board? And also, I've heard rumors that once you pass your first cdr and get continued, your following ones are less scrutiny. Is this true too? Or OSS the first one and the 2nd and 3rd one just as scrutionous? Please let me know thank you!
James it's very confusing. My primary health insurance is Avmed. After I received my Medicare, Medicare became my primary and even though I didn't receive my Medicare card until October 2010, my surgery in March 2010 was denied by Avmed and picked up by Medicare. Because they back date Medicare you won't know until you receive your card. Mine is parts A&B. Both parts have a different beginning date. Sorry I can't help any further. I'm sure Nonny-Mouse can explain it better.
@ a- nonny-mouse
Well you were right, not the answer i wanted to hear. It's cool i understand my age is a factor. Well i saw my neurosurgeon today regarding my neck. He stated he doesn't wan't me to have another surgery that i'm too young. He will try pt first which i already have. I don't wan't surgery either. Just because of the scar in my throat. It visible i don't need that in my life right now. Thanks so much for giving me your inside opinion good or bad. Thank you again.
Stitch. Don't give up! Get a local Social Security Attorney. Getting turned down and you giving up is what Social Security wants. Take your case through ever level. Reconsideration Level and to the Hearing Level if necessary. I know my case was denied because of my age. I met 4 stages of Social Security's list of impairments and should have automatically been approved. My Attorney was a former Social Security Judge and he told me the day we met, the reason I was turned down was my age. Once my case went before a Hearing Judge I was approved that day. Fully favorable bench decision. My Judge went back over 3 years and approved me from the date of my injury. Medical records don't lie and Judges look at your injuries. The only person that can alter a Judges decision is the Vocational Expert. If you have a good doctor who keeps good records and is willing to support your disabled you have a very good case. From Social Security statistics 70 percent of the cases get approved. 7% at the initial stage 13% at the reconsideration level and 50% at hearings. These numbers would be higher if so many people didn't give up. Stay strong and positive. Also keep records of everything. Good luck. Also regarding you surgeon not wanting you to have surgery it's really not your age. They try everything before spinal surgery because they only have 1 chance to get it right. It's not like a knee or hip. If it doesn't go right that can't go back and try again. Knee and hips they can go in again and try again. My spinal surgeon told me this when I questioned him about the years of hell I went through. They tried every type of pain management until I couldn't get out of bed. After years of suffering I had three surgeons agree surgery was my only option. Then they had to find a specialist do my surgery. Once again hang in there and stay strong.
@ Bogey
Again thanks for your positive words assuming the worse outcome. I do believe i'm not able to work for the time being. I hope i can return to work in the future. Thanks bogey and a-nonny-mouse i hope you and everybody enjoy and have a safe long weekend.
Happy memorial day weekend everyone. Have a safe time
Mighty Mom 2 years ago
Excellent information. I know there are a lot of people who are desperate for this inside scoop. Thanks for providing it. MM