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SSD 2ND Denial

J.J.GreyJJ.J.Grey Posts: 2,962
edited 06/11/2012 - 8:21 AM in Health Insurance Issues
I just wanted to let you all know that I just recieved my 2nd denial from SSD. It said that they agree that I am disabled but do not think that my disability will last for 12 consecutive months. I pretty much was expecting this as my attorney said that they will not approve anyone until they have already been disabled for 12 months. I have been disabled for 8 months. So, now the 3 year wait for a hearing in front of an ALJ begins. I will keep you posted on my progress.
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Comments

  • I am sorry to hear you were denied,they did the same thing to me i was denied 3 times had to go to a final appeal,ssi does like to play a waiting game with people,i waited 3 years....
  • painback- It took me over 3 years to get SSDI. I think I applied too soon and did not think I would be out of work a year and that did not help when I told social security this. My LTD ins co told me I had to apply and it was too soon I think. Later I had to get an attorney to help me as I could not seem to do it myself. jade
  • you are right. If I would have known beforehand I should have waited until I was actually out for at least 6 months before I applied. Jade2, did you have any problem with your LTD company (did they try and cut you off) in the three years that you waited for SSD?
  • painback- I was and am continously evaluated by my LTD. During the 3 years, I would get different forms and evaluations and I was also asked alot about the SSDI status. I did worry I would not meet their definition of disability as I got letters to that effect. I now try to take it in stride as their tactics are many and I need to always be aware of them in case I get surveilled or visited. :P jade
  • paul- When I got an SSDI attorney, I did not have to pay out of pocket except $200 for supplies. When I was awarded SSDI, they paid the attorney directly and I did not have to pay anything more to the attorney... jade
  • they get 25% of arrears or $5800.00 whichever is less. If you get denied the first two times you will have to get an attorney. The third appeal goes in front of an Administrative Law Judge and most of them insist that you have an attorney.
    Paul, aren't you on LTD?
    If so, any arrears will go to them and most policies the attorney fees come out of that.
  • on a good note I spoke to my attorney this morning and he said that we just got 3 new ALJ's in my area so my case will probably take less than 1 year.
  • My attorney got $5300 which was the max money then. I also had LTD and they subtracted the fee. jade
  • paul- I have not yet had to use an attorney but I would guess you need an attorney that specializes in ERISA law and LTD. I believe you have 180 days to appeal the denial and I would get a copy of the policy and see what it says.
    Just because they say it is pre-existing does not mean it is. /:) jade
  • make sure that you contact an ERISA Attorney only. They specialize in insurance law. They can be somewhat hard to find.
    Check out this link. If these people can not help you I feel sure that they will know somebody in your area that will. I have lots of experience in this as I helped a family member with an LTD case a few years back that ended up in Federal Court and we won! Here is the link

    http://www.longtermdisabilityclaim.com/fn_news.asp
  • Painenthback, Sorry to hear of your denial from SS. I had filed about 7 months after my surgery and SS made a decision about the 1 year mark from my surgery. I owe all the credit for a quick decision from SS to following the advice of a good SSDI attorney. SS sent the attorney his fees and sent me my back payments just this month.
    GOD BLESS TO ALL
    KC

  • http://ssa.gov/pgm/links_disability.htm
    there is a link titled "Plan to eliminate the hearing backlog" which is in PDF format, but might be helpful....

    or, go to the main website: www.ssa.gov
    you can find out boucoups (that's french for a whole lot) on that website.

    Hope this is helpful.

    Good Luck to all of you!

    Jeaux
    :B
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