posted
I applied for Social Security disability over four months ago and just received a denial letter. The decision was based on the reports received from my physicians who must have told the medical director that I can walk, talk and grasp objects. Are they kidding or what?
It doesn't seem to matter that I can't mentally function at a job or have over thirty disabling symptoms. Is there anyone else that has been through this. Thanks!
Posts: 425 | From NY, United States | Registered: Mar 2005
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lymednva
Frequent Contributor (1K+ posts)
Member # 9098
posted
Don't be too alarmed, yet. It's normal for them to deny you the first two times. I would suggest that you get a good SSDI attorney who can guide you through the process.
That made all the difference in my case, and with my cognitive problems I would never have been able to navigate it all on my own.
Good luck!
-------------------- Lymednva Posts: 2407 | From over the river and through the woods | Registered: Apr 2006
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posted
I think I could get SSDI easily if I needed to. I used to see a therapist when I was on state insurance. I can go back if I want to. They rate you in 4 different areas based on your ability to function. I was going there because of social anxiety.
Well, my level of functioning was 1 out of 5. 1 is the lowest you can get. I was even marked low because of having problems with gainful work.
So, if I had to get on SSDI, I would probably go with that mainly, but I think the Lyme and chronic diarrhea would be a plus.
Posts: 310 | From TN | Registered: Jan 2007
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posted
Thinking is a major life activity under SSI. Many of us cannot sustain clear thinking.
Stamina is a major life activity. Many of us cannot sustain activity due to lack of stamina and fatigue.
-------------------- Jeff Posts: 533 | From CA | Registered: Mar 2006
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bejoy
Frequent Contributor (1K+ posts)
Member # 11129
posted
Keep applying. Two or three denials is standard, regardless of the need. Hang in there.
-------------------- bejoy!
"Do not go where the path may lead; go instead where there is no path and leave a trail." -Ralph Waldo Emerson Posts: 1918 | From Alive and Well! | Registered: Feb 2007
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bettyg
Unregistered
posted
adding: remember it's not what/how many illnesses we have .... IT'S THAT WE NO LONGER CAN DO PHYSICAL/FUNCTIONAL THINGS:
* sitting, walking, climbing, working with your hands, cognitive skills, bending, holding things, etc. .... this is where the emphasis is and for how HOURS YOU CAN DO THIS WITHOUT BREAKS, ETC.
amk, it took me 5 years of hell to get mine 2 yrs. coming up 7-1!!
i'm going to send you my entire 46 pages of newbie links/advise; what you'll be interested in is from the long list of lyme symptoms to the end. print it off. read, read, read it until you start to grasp it.
it's a combo of collective wisdom/information from me, disinissues web site, minoucat, and connie mc, both from lymenet.
i won my 2nd time WITHOUT a lawyer since he quit me after 4 years!
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I am sorry you are going thru this 'government' stink. I probably am NOT the one to respond to your post, but here I am.
Please DO NOT give up, they would love you to. I have been denied my standard times, then went in front of a so called judge. He denied me and my attorney and I appealed his decision and won the right to another hearing.
I got the same judge and it 'only' took 2 years(to the month and day) for that process. I have been trying for 5-6 years now.
I had my 2nd hearing in January and am waiting on a decision from the almighty judge. Sorry...some members on Lymenet have had little or no problems. The judge I had calls Lyme "this Lymes stuff." grrr
My advice, get an attorney, anything you send the government keep copies, and take names and dates and times. They were able to loose some papers, my attorney had copies though, and they lost the tape from my 1st hearing.
It is a very long process that will stress you out, but please keep with it. Good luck to you.
Take care of yourself. Foggedup
Posts: 106 | From Texas | Registered: Jun 2005
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posted
(1) Join the DisInIssues YahooGroup. The moderator knows a lot about disability insurance, and there are also some disability attorneys who participate. Or at least this was the case three years ago when I applied.
(2) Then find a good SSDI attorney. They are paid a percentage of your backpay with a cap. I do not now remember the details, but a good one is well worth the expense.
Many will not take you until you have been denied twice, but Scott Davis in Phoenix prefers to start working with people before they apply to help them tell their story in the most effective way. And it does not matter where you live.
You can find Scott in a Google search. He has helped many people. Or ask around town to see who is good in your area.
-------------------- Suzanne Shaps STAND UP FOR LYME Texas (www.standupforlyme.org) (Please email all correspondence related to protecting Texas LLMDs to [email protected] with copy to [email protected]) Posts: 977 | From Austin, TX, USA | Registered: May 2004
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tabbytamer
Frequent Contributor (1K+ posts)
Member # 3159
posted
Two things helped me (I think):
First, had an attorney (Scott Davis).
Second, my pain management doctor actually spoke on the phone with social security regarding how debilitating my migraine/cluster headaches were and also their frequency, the meds I had to use for them (including demerol), etc.
I still had the first two denials before they spoke with my pain doc.
Don't give up. That's what they are hoping for (IMO).
tabbytamer
Frequent Contributor (1K+ posts)
Member # 3159
posted
quote:Originally posted by jasonsmith: How do SSDI attorneys get paid? Particularly in Tennessee.
In California, they take a percentage of any back payments owed you. By the time the case is approved (typically 2 years, but I've seen sooner) social security will say, for example, "ok, we find you disabled and were disabled as of 18 months ago."
Then social security pays you a lump sum of the back payments owed. The attorney gets his/her share, around a third or so, of that amount. Or whatever your particular attorney has agreed to with you.
TerryK
Frequent Contributor (5K+ posts)
Member # 8552
posted
Good advice from others. Disinissues is very helpful.
Don't be upset with your doctor's. Get a copy of your file from SS. They made HUGE mistakes when they contacted my doctors. Totally incorrect diagnosis even. Get the file so you can see what they said and have it corrected.
As others said, being denied is par for the course. Lot's of people give up which is what they are counting on. Many people get it once it goes to the hearing stage. Terry
Posts: 6286 | From Oregon | Registered: Jan 2006
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bettyg
Unregistered
posted
lawyers can charge up to MAX of $5300 !!! they are paid first, but DDS checks with you too about the charges so they tell me before they are paid! ***********************************************
fyi, scott davis was my former lawyer of almost 4 yrs. who quit me; so we do not all agree who is good or not. i feel he has too many clients and can not give each person the time needed.
2nd alj paperwork he had me sign without telling me anything was that i would owe him $7200 !! not 5300 max!!
his office staff, most of whom he fired, were really bad, and would lose things and take up to 9 months to respond to yes/no questions.
sorry, but i was not impressed! i was doing all the work. also, scott never told me he could NOT represent me in CIVIL/FEDERAL court if appeals council denied me.
suzanne had him for a very short period of time of 3-6 months max if my memory serves me correctly.
since i sent you 20+ pages on ssdi procedure, please refer to them ok. i just wanted to set the record straight on attorneys.
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lymednva
Frequent Contributor (1K+ posts)
Member # 9098
posted
Since Social Security Disability is a national process the same rules apply for payment of attorneys in all states. Unfortunately the rules do not seem to be applied the same in all areas!
I got my SSDI approved based on my severe cognitive problems, backed up by good neuropsych testing, which was the first thing my attorney recommended I have done.
It was worth its weight in gold and I've used it to help maintain my LTD as well as gain approval for county disability retirement, although the state insists I can still teach school. Fat chance!
-------------------- Lymednva Posts: 2407 | From over the river and through the woods | Registered: Apr 2006
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I would suggest that you get a good SSDI attorney who can guide you through the process. ![[Eek!]](eek.gif)
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