Got my disability determination letter from SSA the other day

[ashling]

Denied

They didn't even talk to my Neurosurgeon

I am going to appeal after my surgery ... which hopefully will be on April 5. This will be the second time that it has been put off. I have an echocardiogram next Friday.

Have had to make trips back and forth to Ft. Worth (about 70 miles - one way) gas is getting pricey Fortunately I have had some response to my go fund me

When I am on the mend, My wife will go in for her surgery. She has already been cleared for surgery, but you Neurosurgeon sai that mine is more critical than hers as a fall might tear the spinal cord (or worse.)
Which could be problematic ... in the event I ever want to move my arms and legs again ...

but on the bright side:

Trumpty Dumpty had a big fall
and al King Ryan's horses
and all Tsar Putin's men
couldn't put Trumpty Dumpty together again. SAD!

[MFM008]

1. keep on it

Ive known people that have been rejected 3 times before approval.

[appleannie1943]

2. For most people it takes 3 or more denials before they approve it. I think they are hoping people

either give up trying or die. So good luck on your surgery and don't give up.

[chillfactor]

3. I guess I was one of the luckier ones...

my claim was approved the first time I tried.

[janterry]

4. They don't

Last edited Sat Mar 25, 2017, 06:35 AM - Edit history (1)

usually talk to anyone. You need letters that say you cannot work for MORE than 12 months. Did your neuro write and sign a letter saying that? Did your GP? You need letters from MD's that say those words (and then a full dx., of course, with the case summary/discharge notes.....).

I used to get disability for clients when I was a case manager - and I always got it for them the first time we applied. But I personally collected all of the records and then released t hem in a packet to SSI. Sometimes, when you fill out a request, the wrong things goes to SSI (or never goes) OR the wording is not correct (so, I'd call and ask the MD - or their secretary - whether they believed that the client could work within the next 12 months. If they could not, then that is what I had them write in a letter - in addition to the case records).

Good luck!

edited because it was early in the am and I wrote 6 months. SSI needs a letter stating that you cannot work for more than 12 months (which the OP already knows , but just to be clear for others.

[ashling]

7. When I practised law I did disability cases

Reagan was POTUS and they were kicking a lot of folks off. I had a 100% record for getting their disability back, but that was a long time ago.

I always had a trove of information, documents etc. The admin judge complemented me on having all the info. etc., along with a checklist.

I am not quite as thorough or efficient as I was then .... mostly because of my condition.

[mnmoderatedem]

8. I have a good friend with her case pending

she presented her case in court in January. She's has had over twenty back surgeries and has been declared disabled by multiple doctors and medical personnel. Been over two months and her attorney says it could be May before a decision. I'm supporting her financially through this tough time, so we're getting pretty desperate for a ruling.

Any idea why this is taking this long, in your expert opinion?

[Luz]

10. Good luck! Hubby has a hearing in June, and

I must admit I'm nervous. We've been waiting a year for this. We filed two years ago.

[mnmoderatedem]

15. good luck to you as well!

and we're nervous too. Can't afford to have it not go through. Looks like you've been waiting even longer than we have.

[janterry]

11. I have no idea

I never used a lawyer and my clients always got disability on the first go-round. I should add that I was a case manager for the Department of Mental Health - so most of my clients were claiming mental impairment.

But it's the same thing for everyone. It's really looking at what the documentation says. It's not really complicated, they just need what they need. If I were your friend, I'd get all of the originals and see just what they see. The narrative needs to be specific. It's not that an x-ray can't be helpful, it's just that the letter needs to be really specific that they can't work. A really bad x-ray isn't better than the letter. It might be that none of the documentation says that (explicitly). Or that there are some confounding documents in there (no md really wants to write that this client cannot work for MORE than a year). They might have written stay off your feet for 3 months (or something to that effect). And that isn't sufficient.

The DDU does want a low approval rate overall (folks do drop off with every denial) - OTOH, with every appeal, the rate of approval goes up . So, there's that.

[mnmoderatedem]

14. thanks

and oh yes she has documentation all over the place. She's had over 20 surgeries and all the accompanying documentation. Seemingly endless affirmation statements from doctors and medical personnel supporting her position. In fact she tells me her doctors have told her they have never in all their careers had they seen a case like hers. It would seem like a very strong case; in fact her lawyers have told her it should be a slam dunk. Still, we are very nervous. We don't have the time and $ for lengthy appeals.

[LeftofObama]

5. Have you retained a disability attorney yet?

They will work with you and will only take a small cut of your back pay when the disability is finally awarded. I would suggest you find one immediately, don't wait til April 5, do it now!

[irisblue]

6. F that shit

sorry man. Please consider am atty. While they do take 1/3 of your make up money, it really does help. PM cuz I will talk to bout my experience. F them again.

[AllaN01Bear]

9. i always say, appeal appeal , the so called layers are a bunch of crocs.

good luck.

[TexasProgresive]

12. My suggestion is to get a lawyer who specializes in SSI cases if you haven't already.

[Blazesweetie]

13. Letter From Docs Should Address Your Limitations

Hi Ashling,

I know how frustrating it can be going through the SS process because I've been through it. I ended up getting a lawyer for the appeal and that's one thing that I think helped expedite the process for me. SS attorneys are limited to a statutory fee of 25% past-due benefits, so it's something worth considering.

Either way, one reason people run into trouble is that doctors don't always write their letters to include all that is needed, no matter how well-meaning they are. It's not always enough simply to list diagnosis and a conclusion of "disabled." Explaining your diagnosis, your prognosis (permanent, i.e., not going to improve), and your symptoms is really only half the story. The doctor needs to explain how your symptoms limit and impact your ability to function in every day life and at work. There are specific things that should be addressed, especially if they are relevant, like sitting, standing, weight limitations, etc. Also, fatigue issues can and should be addressed. The more specific your doctor can be, the better a judge can understand how your symptoms affect your ability (or inability really) to work. Remember, in order to qualify for SS, you must be unable to work in any job.

It is not uncommon for a patient to do the first draft and then have the doctor finalize it, often because the patient knows best how the symptoms limit his/her activity. Maybe you can discuss that without your doctor at your next appointment to see if that's something your doctor would be open to.

Here is a link that discusses SSA doctor letters that you may find helpful. It's just one of many online. http://www.disability-benefits-help.org/disability-tips/letter-of-support

Also, there is a social security Yahoogroup listserv group that is very helpful. If you want more information about joining, PM me and I will give you the info. They have many resources.

Good luck to you.

[dembotoz]

16. Keep at it..Woman down the courtyard finally got hers after multiple attempts

On the more dark humor side, when my wife was dying from leukemia some years ago...The first real understanding that she was probably toast was when her application sailed thru on the first attempt...

[crazylikafox]

17. Can't hurt to call your Congressman

I don't know how it works now, but I worked for the Agency years ago. Back then, if a case had a Congressional request tag on it, we would have to personally handcarry it to each person required for a decision. It won't change the decision, but it will make it go faster.

Call your Congressional Representative & just complain about the length of time your case is taking. They have people in their offices that handle that sort of thing.