I was denied ssdi again it's denial number two

[rbrnmw]

I have 4 kids I have to use a walker my back is very messed up. I also have copd, diabetes, high blood pressure and severe depression is setting in I have lost 5 people in 18 mos. I am trying so hard to reach out to an agency that I paid into for help and keep getting slapped down. I really don't get it my PCP and my other specialists gave them all my records. I visited 5 different doctors they sent me to. I don't know how much longer I can go on here without financial help from them.

[TheNutcracker]

1. Florida it's 4 and NJ it's 5 and you're in. It's a paper shuffle and a "weedout".

You have a couple more to go. Maybe three. I used to do paralegal work for an attorney who did SSDI benefits.

[rbrnmw]

2. it's been 2 years

[freshwest]

15. That's how long mine took. Any community resources to get through this?

And then they held up paying for almost a year because my company sent my LTD check of about a hundred of month on a W-2. That looked suspicious. That was many years ago.

Now it's not bad getting it for others where I live now. Good thing is, when they pay it will be a lump sum and attorney fees will not come from that. It will allow you to catch up and prepare for more health problems down the road.

Additionally if you get a settlement from an injury it does not count against federal SS, but if you are going for state benefits, they will take it into account. Although there are some changes being made to alleviate these things.

When I've helped others, they had between ten and twenty years of records from dozens of professionals to prove a clear case of severe, lifetime disability.

All of those sources assist the attorney. The main definition to get it, is to not be able to gainfully employed in any way, whatsoever. It's solely about the individual worker and nothing else in their life.

Best wishes and hope you can get some help while this is resolved in this very hard period of time for you.

[catbyte]

27. It took almost 4 years for my husband to get SSD, even though his body was being ravaged

by DM Type I for almost 50 years & blown shoulder joints from painting & 2 failed surgeries. We had to sell our house before it was foreclosed on because we couldn't live on my income alone. This was from 2002-2006 and I don't imagine it's gotten a whole lot better. We finally had to hire an attorney who, of course, took at least a third of his back payments.

[madville]

3. You'll have to apply a few more times

And/or get an attorney's help.

The SSDI trust fund will be depleted in 2016, only has 100 billion or so left in it since they have been running deficits for awhile.

The law will let SSDI start drawing from the larger OASDI trust fund if nothing else is done, then all the funds would be projected to be depleted by 2026.

So in a couple of years they will have to either raise the contributions, reduce the benefits, or do nothing and deplete the OASDI at a faster rate. Gee, I wonder what they will do since the right wants to see it all go broke as fast as possible.

[rbrnmw]

5. that's depressing

[msanthrope]

4. Please, please, get an attorney. nt

[rbrnmw]

6. I have an appointment on the 12th

[msanthrope]

7. Go. If this is a reputable firm in your state, they will help you. They will provide

you proper access to the system.

You can help them by having every bit of paper you can think of or get access to.

I wish you all the best.

[Cha]

8. Thank you for the advice.. that's what ColesCountyDem said he did just recently

to try and secure his SSI.

[msanthrope]

9. Sometimes, it it the only thing. We provide access to the system...not justice. nt

[Downwinder]

10. When you are dealing with professionals you should have

professional representation.

[notadmblnd]

11. do you have an attorney? If not, get one.

[shenmue]

12. Mercy

Hang on.

[madamesilverspurs]

13. Please PLEASE get an attorney.

I tried for years on my own, increasingly frustrated because those I was dealing with had no reason to take me seriously. Once I got the lawyer, their attitude changed. It was still frustrating, but the lawyer dealt with the BS better than I could. Finally got a court date (and how sick is it that hurting people need to go before a judge to prove the hurt?!), but they reached a decision a week before that. Within a period of ten days, I got SSDI then SSI then they said to heck with it and put me on full Social Security (lawyer said because it was cheaper for them). Only thing I cared about was that I was finally able to see a doctor. That was 1992, and I hoped things would improve over time; sorry to hear you're still dealing with the same stuff.

Again, lawyer up. That's why the contingency fee exists. I'll be thinking of you.

[Daemonaquila]

14. Definitely get an attorney - you're at a stage where it's quite important.

I'm a disability attorney in Texas, and I see this all the time. In the first 2 stages, initial application and reconsideration, only a tiny fraction of cases are approved with or without an attorney (your chances go up a little bit with a lawyer, but they're still poor in most cases). Your next step is to request a hearing.

I always advise people that if they're going to try to do this on their own, by the time they have to request a hearing they should definitely get a lawyer and not delay any further. Why? Because the wait for a hearing can be 1 year or more, and an attorney can find out what's good, bad, and ugly in your records, try to get RFCs (special physician statements), request an on the record decision if your records will support it, and more - basically, help you improve a case significantly and, when you get before a judge, help make the best presentation of it and deal with common pitfalls in court that an unrepresented claimant will never even realize are there.

Be careful when getting an attorney, though. Some things to look for:
* Don't go with any of the nationwide firms you hear and see advertising heavily.
* If you're referred to a "free" group through a hospital or large clinic, offering to "help" you with your claim, just say no. The referral is being made in hope that the hospital will get its bills paid that it would otherwise have to write off. If they ask for a release so they can keep tabs on your case and "help your attorney with getting records," that's baloney sausage. Your attorney needs no help, and any decent practitioner will do a much finer job on their lonesome. Just say no and tell them to quit calling you.
* Look for a small group or solo, people who've been in practice for years and spend most of their time doing social security work. The large firms that advertise heavily often don't give you much individualized service, and you may easily wind up with multiple attorneys before it's all over. While the quality of the firm is important, you want to make sure you're comfortable with the specific attorney who'll be handling your claim.
* Make sure that you can talk to YOUR lawyer when you want to. Also, look for reviews on that particular lawyer (Avvo is a good site), and see what others are saying about his/her communications. You should be getting a call about every month from the attorney or assistant, checking in with you on medical care, changes in your condition, etc. But you also should be able to reach your lawyer and talk to them without going through a herd of assistants first.
* Disability cases are normally handled on a contingency basis. The statutory scheme is 25% of back pay, capped currently at $6,000. Some attorneys will want a guarantee of a minimum if they win your case, if the 25% winds up being lower than their baseline. This is a red flag - do you want an attorney who's betting against themselves, or one that's confident of their skills to make the most of your case? Do you want to hire an attorney that knows he/she will get at least a guaranteed minimum regardless of whether you're getting the best deal on your back pay? However, attorneys legitimately charge for expenses that you'll have to pay out of pocket regardless, such as record copying fees that providers charge, postage, travel if your case winds up outside their usual service area, etc.

[rbrnmw]

16. how long will it take altogether?

It seems like a very convoluted process.

[Keefer]

29. I must have done something right.

I got approved the first time, without an attorney. I had Berger & Green on standby, but never gave them a dime. I have four distinct heart problems. Maybe I just got lucky.

[SammyWinstonJack]

32. So did my husband, within six weeks of applying at SSA office in San Antonio, also without

an attorney.

He was 58 at that time.

He has COPD, bronchitis and emphysema

[bananas]

33. k&r nt

[WhiteTara]

17. You should get an attorney. You will be given

the benefits that are yours.

[SheilaT]

18. You need to understand that they don't just deny in the hope you'll go away.

Most of the time the people applying don't really have everything in order that they need to have. Simply having to use a walker and so on, while impacting your life, may not actually keep you from working. I know that I don't know what your exact situation is, but you have to be completely unable to perform meaningful work that you are qualified to do. Lots of people who work use walkers, have copd, high blood pressure, and severe depression. These are things that can be treated medically, making it possible for you to work.

And losing five people, while genuinely sad and tragic, should not keep you from working if you are otherwise able.

However, do follow the advice already given. Find an attorney in your area who takes on social security disability appeals cases. I used to work for one such attorney and it was quite instructive. If such an attorney thinks you should be able to get SSDI, he or she will take on your case. If such attorneys reject you, well then you may need to re-think your situation.

In any case, I wish you very well.

[Old Codger]

20. Also

You need to know that they will not charge you anything until you get accepted and then SS determines how much they get based on the amount of back pay you receive... They will pay you your monthly amount for each month since you first applied....

[alfredo]

19. Keep at it, keep records, and keep your cool. Here's hoping you get your benefits.

Give good phone. Be patient and helpful with the caseworker.

Good luck

[Lugnut]

21. You need an attorney.

My d-i-l has an auto-immune disease and kept being denied. When she hired an attorney he was successful and she was awarded benefits retroactive to the date she filed her first claim.

[DonCoquixote]

22. Get an attorney

Social security courts always count on wearing people out, but an atty can change the venue to a more favorable federal court.

[betterdemsonly]

23. Unfortunately people who are disabled by possible lifestyle choices

like smoking and overeating are the target of asterians world wide. Even within our party, Rahm Emanuel would be pretty pleased you were denied disability benefits.

[rbrnmw]

25. Hi

I don't overeat I am a type 1 diabetic. I don't smoke, my job as a Security Officer put me in a lot of factories. Breathing in secondhand smoke didn't help. I fell off a 12 ft. ladder 2 years ago. It's not lifestyle that caused any of this. So glad there is always someone who always assumes I somehow am at fault for my health problems. My high blood pressure is from kidney damage due to diabetes. My blood sugar was out of control because of high levels of stress. I lost both of my parents last year within 4 mos both a shock not expected really. Not to mention a cousin a beloved aunt and uncle close to the time my parents died.

[scarletlib]

24. Have you completed all the SS DI forms?

Last edited Tue Aug 5, 2014, 06:34 PM - Edit history (1)

Even though your disability is primarily from physical causes you should also complete the portion of the application for evaluating mental health. THis is a separate part of the application (not included with the main portion of the application.) It used to be called the "Supplemental Mental Disability" Application but I know it has a new name.
This can be a real plus in your approval process. The physical disabilities can cause depression as you state and also impact your mental processes, activities of daily living etc.
A lot of people overlook this section of the application process (obviously they don''t know about it because it not with the main application.)

If you get an attorney he should make sure this form is completed by you and affected family members. Don't give up.

[rbrnmw]

26. thank you I didn't file that but will get my attorney to help me

[scarletlib]

30. Your attorney shuold know the new name for the form.

This extra step can frequently make the difference in getting appoved or denied.

Again: Best of luck.

[moriah]

28. If you aren't already working with an attorney, now's the time.

I had an attorney from the beginning and got it on the second try, they were preparing stuff for an ALJ hearing, which in my stage is the third step. I was lucky, most people go to the ALJ level, but I'd had enough hospitalizations that I think I qualified on the guidelines without having to do a combination of impairments.

You need to appeal quickly to keep your eligibility for backpay.

I wish you the absolute best of luck, hon, in making it through the process. FWIW, SSDI did not penalize me for doing what work I could, and I reported every bit of my earnings. They did have me fill out extra paperwork, but I worked part-time for Lionbridge until I was hospitalized again, and also did some stuff on Amazon's Mechanical Turk and a little bit of mystery shopping (fill out a survey on Kroger and get an $8 grocery reimbursement and $5 bucks, eat at Sonic and get your meal paid plus $5 for taking a picture of your entree and filling out a survey). I never came close to SGI.

Also, I was told that, since there was the potential through Lionbridge to exceed SGI if I had been able to work all the tasks available to me (search engine evaluation, work from home, pays an hourly rate that's more than a living wage but only if you evaluate tasks within their time guidelines, and they don't let you work more than 30 hours in any week so still a part-time job), if I exceeded SGI for only, say, two months and then got too sick to do any more, that they would consider that an unsuccessful work attempt and it would not affect my eligibility or backpay.

This was all SSDI, not SSI -- I had some of my 401k left to live on, and it only ran out 8 months before I was approved, so too many resources for a concurrent SSI application. SSI is so income related that I would ask for clarification if you have a concurrent or SSI-only app.

[Takket]

31. it took almost 2 years for a family member...

we hired a lawyer and everything... the best advice I got was to write my congressperson for help. We sent a letter and was approved almost immediately afterwards. Give the a shot if you haven't already.