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Denied and still fighting here in NY for SSD.............

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Historic NY Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-08-08 03:00 AM
Original message
Denied and still fighting here in NY for SSD.............
I was hurt 3yrs ago and the leg, ankle & back injury that led to a state disability pension and retirement. In the course of going through Workman's compensation the Dr's reversed themselves and said I couldn't go back to my regular job. While continuing treatment for a re-injury to my back an MRI discovered that I had an aneurysm (triple A). That pretty much ruled out even being taken back in my line of work too high risk. The NY State Dr's. awarded me a disability pension and comp is supposed to pay me weekly in addition to my pension, I'm still waiting on that. The pension and comp pretty much rules out my return to work since it is completely tax free.The Social Security Judge or what passes for that position denied me SSD since I'm not in his words disabled. He said since I have a masters I could get a job or just go to work at McDonalds. I went to their SS Dr and he refused to look at the comp report or even the x-rays or MRI's. I think I might have been there 8 minutes maybe less. I asked him if he wanted to see the reports and he said no it would prejudice my case.:crazy:

Any way my lawyer has filed again on appeal and transfered my case to his mother who has a good per-centage rate of overturning the jackass judge. Meanwhile I've struggled along for the past 3 yrs living in limbo. I've gotten myself as healthy as I can, stopped smoking, lost about 85lbs, exercises daily. The Dr's watch the Triple A for any signs of movement (so far so good) but as I get older it will get bigger they say. It was in my best interests to get in the best shape to prepare for surgery which will eventually have to be done.

I just can't figure how they SS justify denying the benefits. Going to work would mean giving up my tax free disability pension. Any ideas how to defend myself against this system. It seems in NY there is a culture of denial for most claims. What is wrong with the system?
















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Traveling_Home Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-08-08 11:19 AM
Response to Original message
1. In a lot of cases......
disability pension systems require you to apply for SSD. If you succeed the amount you receive from the pension system is decreased by the amount you receive from SSD. Yuo end up with the same ampount ofmoney either way.

If this is your case, then it doesn't matter that SSD denied you. If that isn't the case then you just learned another lesson that SSA workers on all levels are scum sucking bottom feeders.
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mrcheerful Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Feb-10-08 12:28 AM
Response to Original message
2. It's just not NY that pulls this crap
every state in the Union gives everyone especially those with back and neck injuries a hard time. The reasoning seems to be back and neck injuries are the easiest to fake and the hardest to prove just how disabiled a person is with a back or neck injury.
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mattfromnossa Donating Member (125 posts) Send PM | Profile | Ignore Sat Feb-16-08 06:58 PM
Response to Reply #2
3. I'm sorry to hear this.
Try to stay positive.
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Name removed Donating Member (0 posts) Send PM | Profile | Ignore Mon Feb-18-08 12:20 PM
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4. Deleted message
Message removed by moderator. Click here to review the message board rules.
 
cutlassmama Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Feb-18-08 01:34 PM
Response to Reply #2
5. This is true. If you have anything else wrong with you, try going for that too.
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UALRBSofL Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-29-08 11:42 PM
Response to Reply #5
6. Just keep trying and don't give up hope
In addition to the injury's do you have severe depression. Mental illness is also something to think about.
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