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Filed for reconsideration

dmoonchildddmoonchild Posts: 383
edited 06/11/2012 - 8:28 AM in Health Insurance Issues
Well, I was denied SSD on 12-13-08 because I was still working. I called an attorney who filed a reconsideration and I ended up leaving work on 1-2-09. I just couldnt do it anymore and I was denied a personal leave or FMLA so I was fired. I so hope I get approved. Do you thin that fact that Im not working will have an effect on the decision?


  • Hi Dmoonchild, they will certainly look at your work history, profession, and how long ago you stopped working. If you were still working, I'd guess they would argue that you don't need assistance. Also they have to determine when was your date of injury so whey you win, they will back pay from that date. I really hope you get a notice of favorable decision in the near future. I got mine in 3 years but it was not back related. I think you stand a good chance and you're doing good by having a lawyer.
  • The administrative judge determined my date of injury and I received back payment from that day. I stopped working prior to the date but they thought the original date of injury was a month later for some reason. It still worked out well for me in the end.
  • I anticipated being denied as I was still working but I didnt have a choice. Finally on Dec 30th I had enough. I was on the floor at work on my hands and knees crying and notone person came to help me. I had my cell phone and my husband said just leave, you are never going back there. It was bad. I am taking my hard earned pension out to live on while we wait for SSD.
  • I can't believe no one helped you. That is so heartless, what is this world coming to? It's like people hate others who are hurt for some reason. It is so selfish and inhuman. It's all about ME nowadays. I am so sorry to hear that happened to you.
  • You made the right decision. OY! What a wonderful workplace environment! Too bad you don't have the energy to prosecute. I remember you saying you were just too tired, worn out and in too much pain to take it further.

    They should all be tarred and feathered!

    Kudos to you for looking out for yourself..

  • I actually did speak to an attorney when all the stuff started at work in September. He felt so sorry for me and said he would work for me for free. At that time thought , I was planning on being there for the long haul and decided I didnt want to stir the pot anymore so I declined. But as mu husband says...What comes around goes around and they will get whats coming to them. When I told my big boss I wasn't returning he said my position will be very hard to fill because no one wanted to come down to that office to work there because they heard how I was being treated.
  • Karma is such a wicked thing. If you do good, good comes to you.

    But if you do bad... boy how-dee! I sure wouldn't want to be near any of those "people" when theirs comes around!

    Sometimes we have to do what we have to do. I'm not a big one for pressing issues as grand as yours. However, I am terrible at holding my tongue. Usually, though, when I make a retort, it takes a while for people to realize I've just insulted them (and their little dog too!).

    This means now you have more time to focus on the most important thing.... taking care of YOU, so you'll be able to keep up with those little ones...

    Make sure you use your time wisely, now, hear? Don't make me come up there!

  • I was denied in Nov. and sent in my reconcideration the first of January.I have not worked since July 31st. Their excuse not to pay me was that there was no proof I would be disabled for a year. When I sent in my papers I also included a letter from my Doctor saying my condition is permanent. I haven't heard back yet, but I can't wait to see the denial reason this time....(Yes, Iam alittle sarcastic)
    I wish you luck with yours and we'll have to keep eachother posted.
  • I just appealed SSA this past Tuesday with my new lawyer. Paulgla is right you have to past out of work for a min of 12 months. I have only been out for 8 months. So I am still having to prove that I can not return to my job or any employment for the next 4 months. Also, I have a B.S. degree and work in the medical field. This works AGAINST you for being educated. My lawyer says 8 out of 10 of his clients do not have degree's. Please feel free to PM me about more info or to chat.
  • My lawyer called today and left a message that there will be a hearing scheduled in the very near future. Is this a good thing? I didnt know there would be a hearing at the reconsideration phase. Anyone know?
  • I just ran across your blog about the lawyer and hearing .
    I would be interested in how this turned out.I'm thinking that this is lawyer sstuff and that you would not have to be there in person?
  • Years ago, there were 3 steps in the disability process.

    Step 1: File a claim. if denied,

    Step 2: file a reconsideration of that claim (a new set of eyes looked at the same information to be sure the first person made the correct decision. if denied again,

    Step 3: request an appeal in front of a judge.

    However, about 10 years ago, Louisiana and a few other states piloted a process where they would skip the reconsideration step and go straight to the hearing phase. It was supposed to knock off some of the processing time.

    I retired from the disability office in 2001, so I am not certain if all states (ex: your state) have gone to the "2 step" process - but you can ask your attorney. He will let you know if your claim is a reconsideration or an appeal.

    Crabman: It is VERY important that you appear for the hearing. The judge will not hold the hearing if you are not there. This is because he/she will want to look at you and ask you some questions that maybe your attorney cannot answer. One thing is certain: You always want someone to actually see you. You may sound fine and correspond in writing just peachy, but when someone sees you they can tell by the way you stand, sit, walk that you are actually and genuinely having difficulty physically.

    When filing an initial claim, I have always suggested the claimants go in person to the Social Security Administration if possible to file. On the application, the very last page marked "For Office Use Only" there are questions for the SSA rep to answer; questions about if they noticed any difficulty you had sitting, standing, walking, concentrating, reading, seeing, hearing, speaking. These remarks are considered before a final decision is made.

    I hope this answers any questions on Recons vs. Hearings and whether you need to actually be at the hearing.


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