Hi Guys,
Well, got my denial letter, ss says that I should still be able to do some kind of work, even if it's not in my chosen field. They never even sent me to one of there own doctors. Does anyone have any ideas on the best way to appeal? Should I get a lawyer right away? Thanks for any advice.
Melodie
It really depends :( I don't know about applying with RA. But I do know there are some disease that are so debated over in the SS department, that it does take a lawyer. I'd find a laywer that'll speak with you for free, and feel it out from there. Just make sure you file your appeal within 60 days. That's a BIG must. Good luck!GET AN ATTORNEY that specializes in SSD.
There are many factors that go into the equation that SS uses. Here are some:
1. Age, younger individuals are better equipped to find work that they can do. The workforce is reluctant to hire older (50+) individuals.
2. Not enough medical history to support the diagnoses. Dr.'s notes are sketchy or they haven't recommended disability for you strongly enough.
3. Unresponsive disease process to all non experimental therapies. You've tried them all and none of them have worked.
4. You've developed complications (heart, lungs, multiple diseases such as RA/OA/PA, etc.) There is a good medical history documenting these complications.
5. Most individuals are turned down at the first go around. With an attorney the percentage goes up about 20% more. At the first appeal with an attorney it's at about 45%.
I don't know your circumstances but I do know that the younger you are the more difficult it is to get SSD. You can't get SSD without comnplete medical histories and support of your RD and internist. Complications help with the decision and most important I would never start the process without an attorney.
I'd call and talk to the case manager and find out exactly why you weren't awarded benefits. Besides your attorney, your case manager is your next best friend. Even though they work for SSD they also work hard for you.
h Melodie
I just applied today and have an appointment Oct 11th. I hear they always deny you at least a couple of times. Just keep on applying. Everyone is right.....it's probably a good idea of getting a lawyer. I was online looking for someone to represent me> alot of lawyers don't get paid until you get paid. My mom says you get retro pay once you do finally get it from the time you first applied.
Good luck & best wishes!
CinDee
Long time lurker here. I was approved for SSDI the first time I applied. I think part of it is when you fill out the forms they send you, make your replies very detailed. Like how hard it is to hold the comb to comb your hair. Or how you can't hold a knife without dropping it when you butter your toast, or how bad it hurts your hand, elbow and shoulder when you wipe yourself after going to the bathroom (sorry for the graphic-ness). I sent 12 extra pages back with my forms to let them know exactly how this miserable disease ruined everything in my life. Not just going to work but your home life. How you have to limit time with your family because you are so fatigued you have to go rest. Every little detail matters. Tell them how hard it is mentally to have to accept your new life and your new limitations. Tell them how much it hurts physcially, mentally and emotionally to be 43 (whatever your age) and live in the body of an 85 year old. Make them feel your pain.Just wanted to say Hi AuntLisa. Miss talking to you. Shoot me an email when you get time.
AuntLisa...
GREAT advice. I too got my SSD the first time out.. but, I also had multiple diseases at that point. I discussed the process with a SSD on the phone prior to filling out the papers. They instructed me to do the same as you suggested and to ONLY talk or write about OUR WORSE days. NOT sometimes I can do this and that. You have to focus on what you CAN NOT do ... not what you can. Like you also, I didn't fill out the form (so to speak). I think that my daughter and I placed an additional 12 - 20 pages in my application also. They try to give you the small area for submission reasons from what I was told (they in-put your small answers into a computer data base and it will tell them the likely hood of your needing SSD or getting better etc.). So... if you add all that paper to it a REAL PERSON has to determine it.
NO attorney will or should charge you anything !!!! Until you have settled the case. The retro only goes back (if my memory is here today I believe 18 months).
Thanks for all the replies.I filed for SSD in Sept. 2003. I got denied twice, then got a lawyer who put in a request for an administrative hearing. I didn't get that unitl April 2006. I was approved at the hearing for SSD. Everyone who gets denied basically gets the same cookie cutter letter. The majority of lawyers who handle SSD cases work on a contingency basis. If you win they get paid, if you lose they don't. Their fee by federal law is 25% of your award with a cap of 00.
Is your rheumy supporting you in this decision? He or she will be a valuable ally in the fight for SSD. My lawyer told me my case went so well at the hearing because of my rheumy. He said all the documentation and statements he submitted were excellent. That he made my case. He's my hero.
Oh and as to the age thing. I applied when I was 47 and got approved 3 days before my 50th birthday.
GET A LAWYER!!!...Never apply for SS unless you hirer a lawyer first!
Yeah, I learned the hard way
AuntLisa's advice is priceless, truly.
was dx with seronegative spondyloarthropathies on or about 2000/2001 after being in pain since the early 90's.
I feel really happy to find people that can understand my situation I mean I'm happy to be here with all of you.