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I was denied SSD

dmoonchildddmoonchild Posts: 383
edited 06/11/2012 - 8:26 AM in Health Insurance Issues
I just got the letter yesterday. I was denied because I am working. I called my attorney this morning to start the appeal. Here we go>>>>>>>>>>>>>>>>>The long wait.
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Comments

  • Hello

    Hang in there it took me three years to get approved, but only took 3 min. when I got in front of the judge. It's a long haul.

    Lois
  • that you have to go through the appeals process for that! :( That sucks. I hope that you get approved after the appeal though. Keep your chin up.

    One Love,

    Stephanie
  • I just got off the phone with my attorney. We set up an appointment for Jan 5th to 1) go over my deposition for Jan 7th for an auto accident 2( see if he can help with the appeal process for SSD. He didnt say much over the phone.
  • Dmoonchild, is this your first letter? If it is, don't worry too much because they will always deny you the first time. Then your lawyer will put in a reconsideration appeal and it will take months for them to answer to it. It's just the first steps in the long process. The govt works fantastically slow when it comes to answering correspondence.
  • Yes, that does make sense. Some get approved right away in cases like blindness for example. Some get denied right off the bat and go through a 3 year process, like me. I was approved for something else before my back problems started. I'm glad in a way because I wouldn't want to go through functionality testing. What's it like, does it leave you in pain afterwards?
  • I got my denial letter the weekend after Thanksgiving so I know what your going through. Iam not able to work at all right now and my wonderful husband is working 2 jobs so we can make it.
    I also have started the appeal process.So, we can go through this together. My last day of work was July 31, 2008, I just couldn't go anymore. The denial letter basically said that I was treated for my "condition" and they expect me to beable to work by July 31, 2009. My Doctor says different and is behind me fighting this all the way.
    Good Luck to you and we can keep in touch on our progress.
    Jeanette
  • I appealed and did all the paperwork myself.It's easy though.I only got the attorney to go before the judge because they(judges)won't like it and you won't help yourself at all if you don't have an attorney for that.I was accepted within 60 days,and had a letter in the mail-but the money had already been deposited into my account.

    Most people are denied,and there is a very good reason for that.The denial letter is pretty formal and can be quite intimidating to a lot of people.The gov't. knows this,it is their intent to intimidate and in doing so they are hoping most people throw the letter away and forget about the appeal process.It sounds like such a lost cause when you read it.If you know this then you already have a better chance of winning your case than someone who has never heard this and might lose hope.There is hope,though they do look at people who are not working and take that into consideration.
  • waiting on my hearing date with an Administrative Law judge. I thought that there was no way at all to get approved if you are still working? Because if they think that you are able to earn even $800.00 per month you will not qualify.
    Hopefully Jeaubert will come along and elighten us on that.
  • I was just reading up on this again a couple weeks ago because I'm helping someone go through the process,and it clearly stated that you must be unable to work for 12 months or more...

    I can't remember exactly what I read-and I don't want to misquote or misguide,but I am of the belief that if a person is working they probably won't be eligible-just from what I understood.

    In my case I was out of work 15 months when I won my case.I started the process at 6 months out.
  • It's true that lots of claims are denied first off. That is to get rid of all the frivilous claim, and believe me - there's a bunch of that here in Louisiana. (It is my opinion only that) LA is a welfare state. Lots of families are third and fourth generation welfare families. It's all they know. Oh, the horrors and embarrassment of all the "crazy checks" and the "learning disabled" checks. I'd been told too that young girls were encouraged to become pregnant so they could get that welfare check.

    Lots of things are considered. There is what is called a "Blue Book". This is a book of sorts that has every possible impairment listed, physical and mental, adult and child. If you meet the disability requirements based on any of these, you are considered to be disabled. If not, SSA goes further, considering things such as: age, education, past work. Also, your residual functional capacity - what kind of work are you limited to doing? Heavy? Medium? Light? Sedentary? Less than Sedentary?

    Before going through all this, there is a 5 step process that has to be gone through. The first question is: Is the claimant working? If so, deny. If not, do they have a medically determinable impairment? If not, deny; if so, DOes this impairment meet or equal one of the listings in the Blue Book? IF not, then the age, education, past work, etc. all come in to play.

    The fact that DMoonChild is working, I feel, is not a good enough reason to deny her. Now, had she been working for say 3 or 4 months, earning at least $900 a month and doing so with her doctor's best wishes and clearance, that would be different.

    There is a program called the Ticket To Work that allows you to earn up to a certain amount for individuals applying for SSI benefits. The amount is different per household and depends on the dependents. You are able to earn more if you have children than if you live alone.

    The questions that need to be answered in MoonChild's case are: Is she able to earn what her state considers to be substantial gainful activity (and this amount is based on how many are living in her home, if there is any other income, and how many children depend on her income) on a SUSTAINED basis - more than 3 months - without interruption from her physical or mental impairment?

    But fret not, MoonChild. When your claim finally makes it to a judge, he will see your willingness to work and not let the government pay your way. Most (if not all) of us here would rather work than be in the pain we feel day in and day out. And those who adjudicate your claim will see you'd rather work. They do handle those claims differently than those who just want a "free ride" on the system's back. Just be sure to continue receiving treatment so the judge will have records.

    When you are contacted and advised your claim has been assigned a judge, it won't be long until a hearing date is set. When the hearing date is set, gather all your records from the date you were denied (the judge will have everything else) and get them to the judge. Chances are he will review them and decide you do in fact meet the disability requirements and approve you without a hearing.

    The definition of disability is this: You must have a mental or physical impairment that has lasted (or be expected to last) 12 months or more, or (God forbid) result in death. This impairment must be so severe that it prevents you from not only doing your past work, BUT ANY WORK WITHIN THE NATIONAL ECONOMY.

    People mistakenly think that because their impairment prevents them from doing the work they currently do, they are disabled. Some times, they can actually do other less strenuous work. May not be what they want to do, but that does not make them disabled. The fact there are no jobs in your home town also does not matter. What SSA looks at is whether there are enough jobs within the national economy that a person could do. AND, there is a person at SSA whose only job is to find at least 3 jobs that an individual can reasonably be expected to do. Unfortunately, it is not SSA's position that you are disabled because someone won't hire you because of your medical history. Only if you COULD do the job if you were offered it. Sucks, I know. But that's the policy/procedure.

    That's why it's important for you to take this down the line. File your appeal; keep up your medical treatment; submit all these records to the Judge as soon as your claim is assigned to one. The Judge is the only person who can look at your file and over-ride SSA's decision/stance on your claim. They have the power to "bend" the rules where as SSA is bound by them.

    I hope this answers most questions. If not, let me know.

    Don't lose faith in the system. It really is there for you. And you've paid social security retirement benefits, correct? So, you deserve your benefits if you are disabled. That's my story. And I'm sticking to it.

    Good luck. PM me if you have specific questions and I will do my best to answer them - hopefully better than I did on this one.

    OH - and keep us posted.

    Jeaux
    :B
  • I spent all weekend looking for an attorney to represent me for the appeal, and One guy Tom, called me within an hour of applying. He was very very nice. He said he filed the appeal already and said we have an uphill battle because I am working. He said if at all possible could I stop working on Dec 29th, ( that would be the cut off for ticket to work 3 months) I said unless we win the lottery, I have to keep working. That is if my body lets me. I had to leave early Monday because of the pain. and today is bad too but I made it. I am going to be patient and do what ever my lawyer tells me to do. I'm really trying my best. My Dr kept me on the same meds which is OK with me. I also have klonopin which helps tremendously with the pain. ( and my nerves) Well take one day at a time and see what happens. God will protect us.
  • dmoonchild, so sorry to hear of your situation. I was on narcotics leading up to my first surgery when my youngest was 6. It was horrible. I would work all day, come home and fix cinnamon toast for my kids and hit the bed. I guess the government doesn't care that we can't take adequate care of our children's needs and work too, when in this battle with back pain.

    I'm hoping to go back to my work after my 3nd fusion next week but if I don't, my disability insurance (or company) hire an attoryney for me to speed up the disability insurance process. They pay 66% of my salary and they want me on SS faster so they pay over and above, up to 66% of what SS pays.

    I keep saying if I go out now, I'd be making more than some on disability, but dang, if over the next 10 years I was making $20K, would be nice to go out making that too.

    Good luck in your battle and keep us posted.
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