I finally heard back from social security

[ThomCat]

and they rejected my disability claim.:grr:

If I'm not disabled enough to be approved, then who the hell is?

My lawyer says it's because I'm so young they don't want to approve me for disability no matter how disabled I am. They want to force me to find a way to go back to work so they won't have to pay. It's an economic decision, rather than being based on any medical evidence. :grr:

But in the meantime my pain has gotten worse, my use of my eyes and hands have deteriorated further, and my chronic fatigue has made it even more impossible for me to maintain a consistent schedule. How the hell is that supposed to translate into holding down a job?

So the appeal process starts.

[CreekDog]

1. oh what the hell???!!!

:rant:

:hug:

[ThomCat]

7. That has been my reaction.

:grr:

Only a faceless bureaucrat who is following order to hold down costs could have made this decision.

[livetohike]

2. Hang in there ThomCat

:hug: I've heard from several people that unfortunately, the appeals process is very common and dragged out.

[ThomCat]

8. I'm trying.

Unfortunately, I can't hold on forever waiting for this to get approved. I'm burning through my IRA, living on that money as frugally as I can, but when it's gone I'm destitute.

[flvegan]

3. That sucks, Thom.

Is your lawyer confident that he/she will be able to win this upon appeal?

[ThomCat]

9. Yes, he was pretty sure I was going to be an exception, and get

approved the first time. Unfortunately, he was wrong. :(

Hopefully he is write that he can get this on appeal.

[seemunkee]

4. Damn, I'm sorry

:hug:

[ThomCat]

10. Thank you.

:hug:

Hopefully this appeal will go quickly and go in my favor. :)

[CaliforniaPeggy]

5. My dear ThomCat...

HOW DARE THEY?

I am outraged for you...

Wish I could help, sweetie...

Many, many good vibes heading your way right now, and forever...

:hug: :hug: :hug:

[ThomCat]

14. You are wonderful, CaliforniaPeggy.

Thank you very much! :hug:

Apparently they dare because it discourages people and saves money. That's what is important to them.

[gmoney]

6. That sucks... sorry to hear it.

Was just wondering about you... have you considered doing the publicity approach? Write to Obama, or one of those local "fightin' for you" news reporters or something?

Any port in a storm.

Hope things go your way soon!
G

[ThomCat]

15. Anything that goes in front of a judge, you don't want to make a stink

ahead of time. The judge has a lot of latitude to punish people for stuff like that and rule against me. So all I can do is file my appeal and work through my attorney. :(

I hope this gets heard soon, and I hope it goes well.

[elleng]

118. These days,

judges SHOULD be feeling less pressure than they were, prior to November 08, about making 'exceptions.'

Good luck

Thinking of you.

:hi:

[RadiationTherapy]

11. My brother has no voice, a permanent trach, a feeding tube, and nerve damage in his shoulder

all from radiation therapy 12 years ago. He has also been rejected recently.

[ThomCat]

16. Wow! I can't imagine what rationale they game him.

:(

I hope he has an appeal going too. :hug:

[RadiationTherapy]

76. We'll sort it out. Good luck to you.

[LeftyMom]

12. They deny everybody the first time.

They denied somebody I know with a pacemaker, brittle diabetes, chronic MRSA infections and an almost complete inability to walk. Apparently they figured that, though she can't use the toilet or shower without assistance, and she's in and out of the hospital more often than half of their staff, she's capable of working.

Her appeal pretty much consisted of her walking in, the evaluator going "Jesus H. Christ, you can't even stand up" and signing the paperwork. Of course that took forever, but she did get the back benefits.

[ThomCat]

17. It's probably going to be like that when they evaluate me.

Especially if my tremors are bad that day, and if the pain is bad enough to cause my stuttering and stammering.

I hope they didn't make her wait too long for that hearing.

[kath]

111. no, they don't deny everyone the first time- 36% are allowed at the initial level.

see my post below for link.
yes, sometimes mistakes are made, often because the medical records and the details of functional limitations are incomplete.

[WolverineDG]

152. "Sometimes?" Try every time

the paralegal who works down the hall from me does appeals for some of the sickest, disabled people I have ever seen. In the meantime, I have clients who claim they are "disabled" because they have "asthma," & their claims are routinely approved. They deny the sickest ones because they think they are less likely to file an appeal.

dg

[SammyWinstonJack]

125. My husband applied in Feb and was approved in April. He is 57 y/o so maybe that had something

too do with his being approved so quickly. :shrug:

[TZ]

13. I'm sorry Thom

On my chronic illness support board I heard that almost EVERYONE gets rejected the first time. I don't know why people have to play this game. I do think you will get your benefits eventually.....:hug:

[ThomCat]

18. Every bureaucracy develops rules that are contrary to their purpose

but exist to sustain the bureaucracy itself. This is one of those kind of rules. By rejecting everyone they are hurting us that they are supposed to be helping, but they are protecting the Social Security Budget.

Money is more important than people. :grr:

I think I will get my benefits eventually too. I just hope I can last enough with my remaining resources.

[TZ]

22. Thom

If things get too rough let me help okay? I've got some savings...:hug:

[ThomCat]

24. If I get to the end of my resources

I'll be asking for any help. :(

But not yet. :hug:

[foxfeet]

19. What a bunch of crap!

I hope you get a speedy resolution in your favor ASAP.

[ThomCat]

25. I hope so too.

It would be really nice to get some good news. :)

[Tangerine LaBamba]

20. Is your attorney a disability specialist?

Because he never should have told you that he thought you'd be approved.

No competent attorney tells a client that anything is going to happen. We don't even speculate. We can only counsel our clients to wait and see what happens.

The fact is that everyone gets turned down initially by these disability pricks. It's standard, and that's why I question the competence and experience of your attorney.

The standard wait for disability from the first application to a final disposition ending in finding for the disabled person is four years.

Talk about an outrage..........................

[ThomCat]

27. Yes, and he was pretty well recommended.

He said that he thought the odds were good that I would be approved based on my medical documentation and the level of my disability.

The social security rep who opened my case said the same thing. :shrug:

I hope it doesn't take 4 years. Can ANYONE survive 4 years without income waiting for social security? :(

That is so criminal that it calls for a total overhaul of the system. x(

[latebloomer]

21. So sorry to hear that

and yes, to echo everybody else, it usually takes an appeal to get it accepted.

I find this with health insurance cos as well- they reject claims for the most bizarre reasons, and then hope you won't have the strength to keep fighting. But I know you will.

[ThomCat]

30. I certainly will.

I am not giving up on this. x(

First of all, I can't give up on this. I have no other options. Second, I get stubborn when I think anyone is trying to intimidate me.

[Starbucks Anarchist]

23. WTF?

:mad:

I'm sorry, Thom. Good luck with the appeal. :hug:

[ThomCat]

31. Thank you.

I will need some luck to make it to the appeal. :(

Once I get there I think I'll do okay. :)

[Hawkeye-X]

26. !

And my wife was just approved for SSDI because she is also deaf - funny thing she applied in April, took the necessary doctor checkup exam, got approved. I'm NOW trying to get out of SSDI so I can hold a regular job, but so far nobody's hiring, and I just started my little business to try to get things rolling.

Hang in there, ThomCat - you will get approved. My wife's only 30 years old!

[ThomCat]

32. I am glad to hear that Somebody get approved quickly.

:hug:

I hope you are able to get a productive, profitable business rolling :)

Thank you. I will get approved eventually. I just hope it doesn't take forever.

[Blue Gardener]

28. Assholes

I hope you get it all worked out soon. :hug:

[ThomCat]

33. I hope it is soon.

:)

The longer it takes the harder this is going to be.

I hope I will have good news to post about this at some point.

[femmocrat]

29. That is unbelievable. Can you appeal?

So sorry it's so difficult, ThomCat. :hug:

[ThomCat]

35. Yes, I am definitely appealing.

I already filled out the appeal online on the Social Security website, and I have a Disability Lawyer who is going to be defending my appeal for me when we get to the hearing.

Hopefully there are no other bureaucratic surprises. :)

[Roon]

34. That's great you got a lawyer, Thom

My Uncle finally got a lawyer and she just took over. It's so stupid how they deny applicants. Keep pressing on, Thom. You will get approved, you just need to play the stupid game the government wants you to play before they start paying you. Just think that every month that goes by is another month that is added to your backpay.

[ThomCat]

36. That is true.

It's a game, and I will get it all back in the end. I just have to survive that long.

My Lawyer is well regarded. I hope he's as good as he's supposed to be.

[Prisoner_Number_Six]

37. Almost makes me ashamed to have been approved the first time.

Yes, I am a rarity. I was as amazed as everyone else when I got my notice.

You'll get it, bro. And remember- your bennies should be retroactive to the date of your original claim. (Or have they changed that?)

[ThomCat]

40. I'm Glad you were aproved.

Someone has to be. :hug:

I'll catch up with you. :)

No, they haven't changed that. I'll get everything retroactively.

Though, they do seem to be trying harder now to get people to re-file claims now than I hear they used to. The rationale is that you were rejected because your first claim wasn't good enough, so you should re-file and improve your claim. But if you re-file then you don't get retroactive benefits. You only get benefits from the date of the most recent claim.

Again, instead of doing what's best for people, they're doing what's best for the bureaucracy's budget. :(

[Bassic]

38. If so, then the rules for it are fucking retarded.

I'm sorry you have to go through shit like that. :(

[ThomCat]

41. Has their ever been a doubt?

I hope you never have to go through this. May you never get hurt, and always be healthy. :)

:hug:

[Bassic]

43. Well, thank you for the wish.

If I ever do get hurt, though, I think the Canadian system is slightly less moronic. Slightly.

[ThomCat]

45. Oh, you are very fortunate.

I wish I could migrate up there and be your neighbor. :)

I have dear friends in Montreal. I wish I could be up there visiting right now.

[Bassic]

46. Montréal is a great city,

so is Ottawa, although it is somewhat bland in comparison.

[debbierlus]

39. They refuse practically everyone the first time around

So much so, it is considered standard to expect a rejection and not expect a real answer until the appeal.

Doing so, they push out many people who don't have the ability to fight the system.

It is tough not to get discouraged in the face of such bueracracy. Keep fighting, and submit your appeal asap. If you have a good case, and a lawyer, it will most likely be approved.

Good luck!

[ThomCat]

44. Thank you.

:)

The appeal went in today. My lawyer is already on notice. I have some supplemental paperwork that needs to be filled out and delivered to the nearest Social Security office, but that's all that is left for me to do to finish the appeal application. Then it's just a matter of waiting again.

[suninvited]

42. I don't know why they refuse obvious real claims the first time

but, they do. Hoping that you dont have the sense to contact an attorney and file an appeal, perhaps. The system is whacked.

When my fiance was ill, they of course did not deny him, because he was terminal, but they made the process so long and drawn out that when they finally called me for my "phone interview", I had to report to them that he had passed away the day before. They told me that they would of course pay from the time he filed until he died, and I told them to go to Hell and hung up on them.

[ThomCat]

47. I think they know that people with real severe disabilities

are the ones least likely to have resources to fight. So many of us will disappear and save them money.

If someone is terminal, like your fiance, I have no idea what possible incentive they have for not approving a claim, or for delaying it. x(

That is just evil.

I am so sorry they made his last days more stressful than they needed to be. :(

[suninvited]

66. He was so worried about his bills

mostly about his car. He didn't want them to take his car even though he had not been able to drive it for months. I know that doesn't make sense, but it did to him. I made his last car payment just before he died on a credit card of mine ( I was so far into my IRA it didn't matter at that point) to make him content. He was worried about marks on his credit report when he knew he wasn't going to live to see the effects it might have.

[GOPisEvil]

48. My experience is that they always deny the first time around.

Why? I guess a certain percentage of people just give up.

Keep at 'em. They'll come through on appeal, I bet.

[no name no slogan]

53. Heartily seconded

My dad got rejected his first time around, too. He was 59 at the time, and had severe nerve damage from exposure to toxic chemicals in the workplace and diabetes (he basically couldn't feel anything below his elbows and knees).

He did win on appeal and he was approved. So definitely don't give up! :hug:

[ThomCat]

56. Yes, that's what I've heard. A certain percentage of people

give up.

I won't be one of them. Hopefully it won't take years to get though this.

[kath]

112. Not true - 36% allowance rate at the initial level. See my post#110, below, for link.

But certainly things somehow got screwed up in Thom's case. Big time.

[CaliforniaPeggy]

49. I want to tell you, my dear ThomCat...

That you can depend on me too if you need financial assistance.

No friend of mine should suffer while I draw breath!

You can count on me, sweetie...

:hug: :hug:

[ThomCat]

57. Peggy, you are an Angel!

:loveya:

I'm using every resource I have before I ask for help. I hope to get through this. But thank you very much for being here for me. :hug:

If I get desperate I will certainly let my friends know. I just hope it doesn't get to that. :(

[CaliforniaPeggy]

62. I hope it doesn't get to that either...

And I am no Angel, as you very well know, silly!

But I can help this way ...

And I will!

Love you too, sweetie!

:loveya:

[Kajsa]

50. Hang in there, ThomCat!

They almost expect you to appeal their decision.

The only cases I've heard of that clear it the first time
around are the ones with people who have AIDS or
terminal cancer.

It's a long process, but I think you will get it in the long
run, Thom.

:hug:

It's horrible what people with disabilities have to go through
to get some help.

:(

[ThomCat]

58. People with disabilities are one of the groups it is still okay to treat less than human.

:(

The more you need the less you are as a person. This is true of the very poor who accept public help too. So if you have a disability AND you are very poor then you are doubly worthless. :(

But somehow we survive this, and somehow I will get up out of this.

This appeal is just the first step, and it will succeed. I have to be optimistic. :)

:hug:

[GoddessOfGuinness]

51. Oh Thom...

What a disappointment this must be for you. :hug::hug::hug:
It's terrible for them to add anxiety to your already stressful situation!

I'm so sorry hon...and you have all my hopes for the appeal.

[ThomCat]

59. I was in shock.

As obvious as my disability is in so many ways, as severe as my chronic pain is, and well documented as everything is I really believed I would get approved the first time.

This was a big shock. Now it becomes a lot of stress. :(

But I will deal with this. I have no choice.

:hug:

[latebloomer]

52. Is appealing the same thing as "re-filing"?

In other words, if you appeal and win, do you get back payments dating to the first application? Yiu said upthread you wouldn't if you re-file.

[ThomCat]

60. NO. Re-filing is starting over from scratch.

If I was to re-file then I would not get a retroactive payment back to when I first file. When I finally get approved I would only get a payment back to the date when I re-filed.

Appealing, what I am doing, is asking them to reconsider my initial filing.

[latebloomer]

73. OK, good!

I too am very sorry that this crap has been added to your physical pain and anxiety.

:hug:

[Dystopian]

54. ThomCat....

I'm so sorry...I did not expect to read this horrible news.:hug:
I know of a few people who filed claims, only to be rejected the first time.
But in the end...they won....
You will, too.
I'm sorry that you have to go through this...It's an ugly game they play with peoples' lives...

I am keeping you in my thoughts...
Better days are coming...please keep your spirits up...:hug:


peace~

[ThomCat]

61. Thank you very much!

:hug:

I did not expect this either. :(

Better days will come. I just have to make it to see them. :)

I'm appealing, and I'm going to win on appeal.

[Gormy Cuss]

55. I hope the appeal goes quickly and is successful the first time.

One shouldn't need to be tortured into qualifying with the documented level of limitations that you have now.

[ThomCat]

63. I hope it is quick too.

I really hope this moves quickly.

I don't know what the current backlog is. With my luck, Bush probably gutted the Social Security staff before leaving office and the backlog is outrageous. But I'll find out soon enough. :P

I see my primary doctor in two days, so it's time to review my records to make sure everything is in order just to make doubly sure again. :)

[Debi]

64. Typical of the SSA.

I hope your Appeal goes quickly and your determination date goes waaaaaaay back.

:hug: best to you.

[ThomCat]

67. Thank you.

:hug:

[BlueIris]

65. Two words: messed up. (The Social Security asshats, not you, Thom.) nt

[ThomCat]

69. The whole system is really messed up.

:(

On the day I went for my medical evaluation with Social Security's doctor I was the most visibly disabled person there. And I have reams of documentation. So unless someone there has really amazing documentation and got incredibly lucky, probably nobody else there got approved either.

What a really sad thought that all of us have been spinning our wheels and having all our time wasted for bureaucratic reasons. :(

[kath]

68. THomCat, I sent you a PM.

[ThomCat]

78. Thank you very, very much.

:hug:

[kath]

88. You are definitely MORE than welcome!

:hug: :hug:

(check for 'nother PM)

[laylah]

70. I am so sorry to hear this!

The bureaucracy sucks, ThomCat, and the energy you must spend to fight them is infinitesimal. My thoughts are with you :hug:

[ThomCat]

79. Unfortunately, it is taking a lot of energy.

:(

And it's going to take a lot more. I'm going to have to double check the medical records for every doctor and make sure they are clear and explicitly state what my symptoms and limitations are so that anyone who reviews those records will understand.

And, I need to make sure that if someone requests my records that a complete set of my records is sent, not an abbreviated set that doesn't contain all that information.

[rug]

71. It's been going on formally since Reagan.

"SSA adopted a formal policy of nonacquiescence and declined to follow applicable Court of Appeals precedents with which it disagreed."

http://www.nsclc.org/about-us/whoweare/nsclc-35-years-of-promoting-the-interests-of-low-income-older-people

Basically, the initial examiners are instructed to factually distinguish the new claim from clearly established legal precedents. A certain number of claims would simply be abandoned then. Your chances on appeal should be good.

Sorry about your troubles, Thom. You, and eventually all of us, are targets of a deliberate, premeditated assault.

Google SSA policy of nonacquiescence for the whole sickening story.

[ThomCat]

80. The big problem is going to be the long wait time

to see the judge at this point. I'm seeing 2 1/2 to 4 1/2 years to win a case. :wow:

[rug]

119. In the meantime, focus the claim on their recognized impairments.

http://www.ssa.gov/disability/professionals/bluebook/AdultListings.htm

Put your evidence in a neat package and rub their face in it.

http://www.ssa.gov/disability/professionals/bluebook/evidentiary.htm

Arm yourself.

http://www.ssa.gov/disability/professionals/bluebook/

[Cannikin]

72. I've been told to expect to be rejected at least twice, then get a lawyer.

[ThomCat]

81. Twice? From what I was just hearing

that would be in states that have a review, a re-review, and then a hearing in front of a judge.

NY State doesn't have the re-review. My second hearing is apparently going to be in front of the judge, eventually. So there are only two options to get approved.

I could be wrong. I'll find out for sure when I go back to the Social Security office, but that's what it looks like from what I have so far.

[Tangerine LaBamba]

101. DO NOT go back there........

That's what your attorney should be handling. Get yourself an experienced attorney first, not the man who assured you that you'd be approved, and find out what you should do from a real pro.

You could mess things up if you try to do things yourself. That's very important to know...............

[Flaxbee]

74. Is this the first 'no' you've received?

I am so upset, ThomCat, that your claim was rejected. Pure idiocy and greed. However, it is my understanding that the first time around people are often rejected, especially if they're young, as you are.

Fight fight fight! I'm glad you have a good attorney.

All my vibes going your way. :hug: :hug:

[ThomCat]

82. I absolutely going to fight this.

:hug:

Thank you for the vibes. :hug:

I need all the hugs and vibes and support I can get right now after a hit like this. :loveya:

[Texasgal]

75. I cannot believe

how difficult it is to obtain federal disability now days!! :mad:

I am an RN who worked triage for years, I cannot tell you the case after case... I'm talking people being MAIMED from accidents that were DENIED benefits!

IT IS RIDICULOUS!!!

I can only hope that you can find the funds to find a decent attorney that will help you. I am so sorry. I hope it gets better. :hug:

[ThomCat]

83. Fortunately, I don't have to find funds for an attorney.

Disability Attorneys are not allowed to charge me. They get paid a percentage of my retroactive disability when I collect.

I hope this gets better too, and I hope it don't have to wait years for it to get better. I really hope I don't end up struggling years waiting for this. :(

[lizerdbits]

77. What a load of shit

How long does the appeal take? :hug:

[ThomCat]

85. That is a good question.

Anywhere from a few months to four and a half years. :(

Apparently there is a big backlog of cases for the judges. I'm going to contact my congressman's office to see if he can expedite this or kick it back for an appeal at the local level.

[Midlodemocrat]

84. Thom. I just ran all this by Mr. Midlo and he says

that you need an attorney that specializes in Social Security claims. He says that at your age, even going through the appeal, you will probably still get denied.

I'll try to get some names to you over the next day or so.

I'm sorry, my friend.

:hug:

[ThomCat]

87. Damn.

:(

I hope that isn't true. That would mean that people my age or younger with disabilities are institutionally screwed into destitution. :(

I can only do what I can do and hope that good comes of it. People have to get approved somewhere along the way.

[Midlodemocrat]

91. Not as dire as it sounds. They recognize that you have no money

so their fees are believe it or not, reasonable and contingency based.

I don't think it would hurt to talk to one?

[ThomCat]

93. No, it definitely doesn't hurt.

:)

It's the wait that hurts.

[Midlodemocrat]

94. I'll get some names and numbers to you tomorrow. Promise.

[Tangerine LaBamba]

100. I've sent people all over the country

to these folks, and the outcomes have been uniformly excellent: http://binderandbinder.com/

The woman at the SS office assuring you that you'd have no trouble being approved? They say that to everyone, I regret to inform you.

And your attorney is not as seasoned as you might think he is if he predicted that you'd be approved. Everyone is denied first round. Everyone. I don't think he knows what he's doing.

Get yourself a specialist, and understand that the fee comes out of your back payments, so that's not a concern. A colleague of mine went to law school with one of the founders of this firm, and says he's a a good man.

I wish you luck, but you need better representation for an appeal, which is a whole lot more important than just filing the initial claim......................

[kath]

110. Everyone is NOT denied first round.

I know of what I speak.
nationally, 36% were allowed at the initial level in the2008 fiscal year:
http://socsecnews.blogspot.com/2009/03/initial-and-recon-allowance-rates-2008.html#links

[Tangerine LaBamba]

114. Well, that's wonderful.........

All that I know is what I've heard from other practitioners and people who have had the experience themselves.

It's good to know that things aren't as dismal as my experience says they are.

Thanks for the enlightenment..............................

[Kat45]

86. I'm so sorry to hear that, ThomCat

I've also heard that they just about always reject the first claim, but I think you're likely to get approved on appeal--soon, I hope.

[ThomCat]

90. I hope so too. But I wonder what "soon" means to Social Security.

Hopefully it means this year, and not a way down the road.

[mentalsolstice]

89. I'm so sorry!

My claim was approved right off the bat (well it took 6 months and a SSA Drs. exam), and you seem as eligible than I am, if not more so. However, I'm a retired attorney, so perhaps my wording in my claim was influential. I mentioned my conditions (mild cerebral palsy and fibromyalgia) once in my application where it asked for a diagnosis. Otherwise, my claim focused on what I could not do, as in those daily activities that healthy people take for granted. And just because those daily activities (basic hygiene, clothing, eating...grocery shopping, keeping a healthy house...clean clothes, etc.) were so difficult for me and took more hours than it would be for someone else, there was no way I could work as well. And then about working in my profession, I had brain fog, and couldn't keep up with the 16 hour day that is expected of an attorney...I'd get confused about facts, and case precedent.

I didn't lie in my application, it's all true...but I didn't focus on my actual disability, but more on how I could not function to work eight hours a day. I truly wish everyday I could make a mark in this world, and I thought through the law I could. When I practiced I focused on disability rights, and brought in a case that made national attention. In my second job I represented domestic violence victims. I would've loved to stay on the path I was on, but I just couldn't physically keep up.

My initial claim was made in 2004 and I was approved in 2005. In 2008, they wanted to do a 3-year review. I filled out the questionnaire, and they gave me a pass. The next time they hit me, I'll be 50-51. Although CP in itself isn't degenerative, the effects are...more arthritis, rigidness, and less control over bodily functions. And if they hit me again, I'll detail how these effects are getting worse and they'll continue to keep me from working. There is no positive prognosis for my disability...

I hope you get a good attorney for your appeal...just make sure s/he focuses on your daily limitations, not your diagnosis.

[ThomCat]

92. I am glad that you got approved and reapproved.

:)

It's good to hear that it happens and went well.

I hope your CP and the side effects are stable and don't get any worse for you. :hug:

[mentalsolstice]

115. It was so easy for me.

Yet, you should have been a a shoo in. Your case disturbs me, as I don't know anyone who deserves SSDI more than you do. The system sucks. Just make sure your atty. is good and not just another hack. A good atty. will focus on your daily limitations, whereas your diagnosis is just a formality.

[kath]

98. Good point, mentalsolstice - it really IS all about limitations of function - both in

gross motor things like ambulation, and more fine motor things such as what are termed ADLs (activities of daily living) - cooking, dressing, bathing, etc. *Mental* functioning (such as "brain fog" and concentration issues) and fatigue enter into it as well.
You are absolutely right that it's crucial to detail your daily limitations.

I used to work in the disability field as well. Sounds like you did some good work there, as well as in domestic violence (another pet issue of mine- my sister-in-law was murdered by her abusive ex-husband. Curious at to what case you were involved in - you could PM me if you like...

[mentalsolstice]

116. Yeah, if I had the capability to work

in my later professional life, perhaps it would have been SSDI claims along with other disability issues.

[Haole Girl]

95. I've heard it is extremely difficult to qualify

And almost everyone is denied initially. It's a disgrace. Especially considering how much our generation has already paid into it.

Good luck with your appeal, Thom! :hug:

[ThomCat]

97. Thank you, Haole Girl.

:hug:

[SeattleGirl]

96. Initial rejection is pretty much SOP for social security, I'm sorry

to say. I'm glad you're going to appeal, Thom. I've had clients who were pretty young (in their early 30's) who qualified for SSDI. They also had to appeal after initial rejection, before they finally qualified. I know it sucks, and I'm sorry you have to keep fighting them, but don't give up.

:hug:

[ThomCat]

99. I won't give up. I promise.

:)

:hug:

[eleny]

102. Good. Take it all the way through the appeal process and then to court

You'll probably win in court even if you lose all the appeals. Be sure to never miss an appeal filing deadline. Then, when you win, they'll owe you back to your first application date.

Best of luck and strength!

[sohndrsmith]

103. I'm sorry, ThomCat - I really, truly wish you well (((hugs))). My experience

with this process was something out of the Twilight Zone as far as I could tell. I wouldn't wish it on anyone.

I was divorcing a very abusive ex (verbal/psychological to me, physical to my older daughter - well, sometimes to me in that I would be physically blocked from leaving a room or the house and he threw a car seat at my head - no witnesses). Anyway, I requested and received a restraining order because he was stalking me, harassing me and my office was forced to give me an answering machine (which was against office protocol) because of his relentless, horrific calls to my job.

Because my main focus was my children - and I had received an inheritance from my father who'd recently died of AIDS and "thought" I could use this money to focus on my children until the divorce was settled, I asked for and received a disability leave of absence from my (very supportive colleagues and) job. It was the only time in my life I'd ever had a job that had benefits. I'd always been a waitress or with a small co. that didn't offer anything. That's part one.

Immediately after my disability leave (that's what they called it) , I was in a near-fatal car accident, (not my fault in any way), for which I received emergency surgery, multiple transfusions and nearly died as a result.

Subsequently, I found myself in family court, my ex's council requesting that I file for disability (since I wasn't working at the time).

I did so, and I'm still appalled by the experience. The SSDI (or whatever it was) doctor who examined me said two things: that I had scoliosis, osteoarthritis and.... that I had Munchausens's disease. HUH? I had NEVER seen this doctor, I had recently had a near fatal even (which did effect me, but not unusually), I had been tormented in non-physical ways for several years in ways that are (actually) hard to believe, but there was nothing in my history that had evidence of my "making up" illnesses for attention! I was a health-conscious mother who ran 5 miles a day (twice for Race for the Cure for my grandmother - and placed both times)... I was shocked. This doc made these proclamations and dismissed me. I was not given the opportunity for asking questions. I never received records of the md's findings other than I was "denied" (which was fine with me, because I wasn't the one requesting services).

A year or so later, my ex sued me again - this time for child support. At this hearing, I was ordered to give my interrogatories - and was interrogated, and BELIEVE IT OR NOT - he and his lawyer were actually suing me SIMULTANEOUSLY for two things: forcing me to apply for disability - AND - saying that I could easily make 35K a year (a salary I made for 6 months out of nearly 30 years of employment - for a job I was not qualified to do and the chances of being hired for anything similar was ridiculous).

They were charging that I was disabled and highly qualified for work at the same time. Yes, they dropped the suit. It was ridiculous.

No one has validated any of the "diagnoses" the disability doctor made during his exam, (scoliosis, osteoarthritis, and - geez - Munchausens) upon seeing me for less than 10 minutes.

None of my physicians since have ever given credence to the munchausen's nonsense, and my health insurance doesn't cover investigation into the scoliosis/osteoarthritis, so I try to keep healthy.

What a nightmare....

[ThomCat]

126. My original injury that started my disability was work related

so I went through workers comp and I found doctors for insurance companies were surreal. They wrote offensive and dismissing evaluations before I even walked into the exam room and then spent less than a minute examining me. They clearly got bonuses for each report they wrote that favored the insurance company. Then the lawyers for the insurance company would go on the attack claiming that I was faking injuries based on those reports even though my doctors had medical tests showing that the injuries were real.

So I can totally believe what you went through. It seems to be a normal part of any "adversarial process." x(

[lightningandsnow]

104. I'm sorry, hun.

It sucks. I wish there was a way I could help. :hug:

I've been meaning to call you - I just finished exams today, so I actually have time now!

You're awesome, and don't you forget it. :)

[ThomCat]

127. Thank you.

:hug:

But now I have to plan out how to survive this, and so much has to change again... It's going to make things so much harder. :(

I was really counting on this getting approved.

[DarkTirade]

105. You kinda have to wonder what kind of person does that job.

What kind of person every day puts down a big 'you're screwed' stamp on disabled people's requests for help?

[ThomCat]

128. Yes, I wonder that too.

:(

Apparently I should have had a chance to talk to the reviewer, but I didn't. I wonder if I just had a bad reviewer. :(

[arcadian]

106. What the fuck kind of country do we live in?

I am so sorry. :hug:

[ThomCat]

129. Safety nets are never as solid and strong as we hope they are.

And nets always have holes in them. :(

I just fell through one of those holes.

[quakerboy]

107. Sorry man

That really bites. I hope you get a rapid reversal with the appeal.

[ThomCat]

130. The one thing it won't be is rapid.

It takes years at this point. :(

[BarenakedLady]

108. I'm so sorry Thom

:hug:

[ThomCat]

131. Thank you.

:hug:

Me too. I'm kind of depressed about this now. :(

[Inchworm]

109. Argh, that sucks

Stick with it. They are a pain at first. You'll get there.

:hug:

[ThomCat]

132. I hope so.

:hug:

[jeff30997]

113. Oh man !

That's horrible.I'm so sorry.:hug: And mad at those heartless bureaucrats!!! :nuke: :grr: :nuke:

[ThomCat]

133. Thank you.

:hug:

I wish the reviewer had spoken to me if he/she didn't think there was enough evidence there. If something was missing in the records my doctors sent I could have sent more. :(

Now I feel like I'm screwed.

[jobycom]

117. Meanwhile, if you really were trying to rip off the system, you'd have been approved

for four times what you need with no questions asked. Unless you were a bank, and then they'd just give you trillions and tell you to have a nice day.

Hang in there. Wish there was more we could do. I wonder what would happen if we all wrote letters to the SS office asking them to explain their decision. :shrug:

[ThomCat]

134. I have to go to the SS office to deliver some forms as part of the

appeal. I'm going to ask them.

[old mark]

120. TC - Unfortunatel you NEED a very good lawyer who specializes in

SSDI. They reject nearly every applicant on the first attempt, and a good lawyer will help you with your first appeal.
You may have to go through many appeals - it sometimes takes years to get on SSDI, no matter what your condition or status.

My wife got on SSDI over 10 years ago on the first attempt - her lawyer said it was extremely rare, and the result of a special program for people with Hep C that was evidently cancelled.

I am sorry for your problems with this, but I urge you to continue to fight.

Good luck to you.

mark

[ThomCat]

138. Yes, I know and I will definitely be using a lawyer.

There is no way I'm appealing this alone. :)

[old mark]

154. Good luck - be tough! Please keep us posted on how it's going .

The "system" as it exists is a fucking disgrace.


mark

[fight4my3sons]

121. Thom

I have known people in NY to be denied a number of times before being approved. My aunt had MS and got denied 3 or 4 times before being approved. Horribly frustrating, I know. :(


:hug:

[ThomCat]

139. Oh, damn. :(

That means she had to keep re-applying. I hope I don't have to do that.

That would mean starting over again, and losing retroactive benefits. If I do that, I lose everything.

[Blue Diadem]

122. I'm sorry ThomCat

Keep trying. Lots of good advice on this thread. I have also heard that most get turned down the first round. It isn't right to make people have to fight and wait for what they need. I hope things work out for you soon. :hug:

[ThomCat]

140. I hope so too.

I don't know that there is any hope of "soon" but hope is all I have.

[AwakeAtLast]

123. My 49 y/o cousin has a type of MD

She was denied two or three times before finally getting hers. The judge at the last hearing was furious that she was made to walk into the courtroom (without her chair). The file from her doctor was over an inch thick.

It was long and hard, but she did finally get it.

Stay strong and accept as much help as you are offered. Sorry you have to go through this. :hug:

[ThomCat]

141. How could they make her walk without her chair!

:wow:

That seems criminal! x(

[AwakeAtLast]

146. The only explanation I can come up with

is that everything else failed, so they wanted to try to make her give up. Didn't work with her, won't work with you either.

Keep up the fight!

[motely36]

124. Thom, I am so sorry to hear this

Good luck on your appeal.

[ThomCat]

142. Thank you!

:hug:

[ScreamingMeemie]

135. All I can say is hang in there. A close relative of mine was diagnosed

with Crohn's, had half her intestines removed, was on a home I.V. etc. and it still took 3 appeals for her to get approved. She went with a Social Security attorney.

[ThomCat]

143. I will. It just sucks that I'm going to be one of those stories

about people who had to hang on and fight. :(

[malta blue]

136. Oh dear god.

Thom :hug::hug::hug:

I am so sorry you are going through this.

[ThomCat]

144. Yeah, me too. I'm so depressed about this.

:(

:hug:

[GreenPartyVoter]

137. *sending successful appeal vibes and feeling healthier vibes too*

[ThomCat]

145. Thank you!

:)

:hug:

[Forkboy]

147. Short of walking around headless, everyone gets denied at least once (usually twice).

Hang in there. After a second denial you get the right to a hearing, and most cases get approved then. It can take a couple of years altogether.

[ThomCat]

148. Unfortunately, how do you survive a couple of years with no income?

:(

[Forkboy]

149. Here in Mass we have emergency aid.

It's not really enough to survive on ($303/month), but coupled with food stamps it got me through two years. I don't know if other states have this or not (though go for the food stamps if you haven't already), but see if you have a Transitional Assistance/Welfare office in your area and ask about it. Like I say, it isn't much, but it's something.

Good luck. :hug:

[ThomCat]

155. Thank you. I will look for that.

I need to find something. Otherwise, I'm going to end up destitute pretty quickly.

I really hate the idea of having to ask people for money to survive, but it'll come time to swallow my pride and do that soon enough if I can't find a program that offers some kind of help. :(

[MissMillie]

150. Thom, I'm horrified for you

this should have been a slam dunk.

Let me see if my boss knows anyone who can fight this for you... he's a lawyer and he knows a lot of lawyers and he probably knows them from all over.

Much luv to you.

[ThomCat]

156. Thank you very, very much.

:hug:

I need any help I can find from anywhere I can get it right now. :(

I'm really terrified about what's going to happen between now and the appeal, and if there is any chance of losing that appeal then what? How can they do this to the people they are supposed to be helping? :cry:

[WolverineDG]

151. And meanwhile, some slacker who claims she has "asthma" gets her application approved

I fucking hate SS sometimes. The only ones who get denied are the ones who really need it.

:hug: No worries, mate, it will take a while but the admin judge will take one look at you & your meds & slam the asshat who denied you.

dg

[ThomCat]

157. I hope you are right. I hope the judge will approve me that

readily. But it's the amount of time I have to wait that is the major concern right now. Surviving months or years without income is a serious problem, and I don't have any family to fall back on. :(

I'm totally screwed.

[Broken_Hero]

153. I'm sorry to hear that,

its a very tedious process. My mother in law just got rejected this past April, some dipstick doctor stated that she is still able to work and isn't qualified for disability.

My mother in law can't even pick up a gallon of milk, can't dress herself, can't stand, can barely walk, and has bad arthritis in her hands. My wife was present during the hearing and I'm surprised she didn't interrupt the dipstick doctor. We are in the middle of the appeals process as well.

Stay strong.

[ThomCat]

158. I am in the same pretty much the same shape as your MiL

except that I can't walk more than a few feet or stand more than a few moments without pain building up. I can dress myself as long as there are no buttons.

I hope your MiL has a lot of help and support, and I hope she gets approved on the appeal. :)

I wish everyone going through this had a lot of help. I wish I did. :(

[Broken_Hero]

159. She has diabetes. and arthritis in her knee's

she feels pain just sitting down, feels pain all the time, wakes up many times during the night because of pain. She had a hearing this past hmm, the day after Easter I think. I didn't even know how bad she was until we started getting closer to the hearing, and my wife and I were talking to my MIL about her condition. She is a very quiet person, and having her talk about her own health issues is like prying Truth out of GWB. She is the opposite of my FIL, he can talk to me for hours about how the corn on his foot is bothering him :silly:

She had a teleconference type hearing, the judge, doctor, and job specialist guy was from different parts of California, and her lawyer was a lady from Boston I think.

I think they almost always deny you the first time, one of my other inlaws has bone cancer, ovarian cancer, diabetes, and a few other ailments, and they denied her TWICE before she got hers. Its a heartless process it seems, but stay strong, and hopefully they do the right thing.

[applegrove]

160. I'm sorry.

[ThomCat]

165. Hi Applegrove.

:hug:

Thank you.

[DS1]

161. God Damn those Motherfuckers!

Hey, it needed to be said. And Damn the insurance company shitrags, too!

I'm sorry Thom, you're a great guy, and deserve a hell of a lot better than this.

[ThomCat]

166. I'm angry about this too, and try to just roll with whatever happens.

:(

It really feels like there are people out there who are proud of "protecting" their agencies by denying services and benefits to people who deserve them. I don't know if that is true, but I've been dicked around enough times by enough agencies for bullshit reasons that this is how it feels.

And, yes, insurance companies started this whole idea that it's okay to deny people in order to ensure profits and protect budgets. They really are evil companies. x(

I STILL haven't heard from the insurance company that is supposed to be providing my long term disability insurance.

[Deep13]

162. Jesus Christ!

Assholes! I assume you've complained your member of Congress about this.

Fucking bureaucrats. You'd think they were paying it out of their own pockets.

[ThomCat]

168. I'm in the process of drafting a letter right now.

:(

It sucks when you have to take such tenuous steps to try to get what you need to survive. My congressman is a republican. I live in one of the few republican districts in NY. :(

[Kali]

163. that is truely fucked.

I am just sick of the so called "health care" situation in this country. And it doesn't look like anything is going to change. damn. I know your appeal will go through ok - I mean c'mon - and how fucking just MEAN to dick people around like that.

[ThomCat]

169. I hope it goes through, and I hope it goes through soon enough

to do me some good. But hearing about people as disabled as me who were denied repeatedly doesn't make me hopeful. They can keep bouncing me for years.

[Odin2005]

164. That's F-ing outrageous!!!

I get SSI and if I, somebody with a mild developmental disability (Asperger's Syndrome) qualifies for social security I can't see why you aren't. :grr:

[ThomCat]

170. It is outrageious.

I don't begrudge anyone their benefits. I'm glad you got yours. :hug:

I just wish that I got benefits too. I get disabling migraines, and I have a mobility impairment, and I have severe chronic pain, and I have a vision limitation now, and I have limited use of my hands. HOW FUCKING DISABLED DO I HAVE TO BE? :cry:

[Odin2005]

172. Damn, now I feel gulty that I got it so easily on the first try.

I think the big thing that helped is that my mom and my country social worker played on the SSI peoples' stereotypes by constantly emphasizing that Asperger's Syndrome is a form of Autism. A big problem I have is that on a superficial level I don't "look" disabled, I look like "just" a shy nerd with a stiff demeanor and trouble with eye contact; but I am simply incapable of holding a low-pay service sector "McJob", especially because I have a bit of PTSD from being constantly accused of being a slacker that makes excuses because of my Asperger's, and thus dealing with the stereotypical boss is pretty much completely out of the question.

[blueraven95]

167. Oh Thom,

Good luck!

:hug:

[ThomCat]

171. Thank you,Blueraven95

I could use some luck, it seems. :hug: