Denied for SSD and SSI

I guess I knew it was coming but I was still hoping it wouldn't.... Being Denied is nothing out of the ordinary...most of us are. Now I go through the Appeals Process....So? To all of you that have been in this situation tell me if I should retain a Disability Attorney? My mom is telling me not to....but I think I should. I know it will help, but I really need your opinions..

Love ya,
Rhonda

Rhonda, was this your first denial, I do not remember you going thru the hearing stage yet. By, all means get a lawyer, they really count on a lot of people doing just what your mother is is suggesting-blow it off, well don't, hire an atty. Find a local atty in your area that handles nothing but SSD claims and takes cases on a contingency basis, meaning you pay no money up front-he gets paid out of past due benefits if he wins the case, Stay way from the ones that advertise on tv, they are not worth shooting. They are all volume and not quality cases and have no idea who and what their clients cases are about. Stick with someone that has an open door policy.

Good luck.

Thanks everyone....This is what I thought too...Get a Lawyer, let them do the work, and I'll have a better chance....so sometimes MOM's Don't know best..... LOL

Don't tell her I said that.....

unuquelyme

 

I will add my two cents too, you have been given some excelllent advice, Yes most definitely get yourself a good SSD lawyer, and then do not give up and try not to get discouraged. I know the feeling of rejection going through this process, but like my lawyer told me, don't take it personally, they just try and wear you down, and hopefully you will just give in and give up.  Allot of people do give up, I probably would have too, if it wasn't for my lawyer, he told me I had an excellent case but at the time my age was working against me, and my experience that I had in different fields, and the training I had, had while being in the military. It was a long and sometimes painful experience, but in the end I perservered and I was put on disability. Make no mistake, I would have much rather been able to work, than be on disability, but under the circumstances, that was not possible!  At the risk of sounding trite, "Hang in there Uniquelyme" get a good Lawyer, and do what you need to do, and you will also perservere!  Good Luck to YOU!

 

White Beard          

When it comes to getting on disability, unless you're paralyzed from the eyeballs down they will probably deny you initially. It's almost a certainty unless you suffer from some mental issues. People suffering with chronic and well documented mental illness seem to get on disability a lot easier than most others. I guess those in charge of the disability process are scared to deny someone with mental problems and then have that person go into his or her work place with a gun and wipe out a bunch of people. Nobody wants to work around "crazy" people (and by using that term I mean no disrespect to the mentally ill, but notice I did put it in quotations. It's just that most people are very ignorant about mental illness and fear those who have it, even if it's something not likely to result in them becoming violent, like depression, OCD, or anxiety). My aunt has severe multiple sclerosis, yet it took her five years to get on disability, even with several doctors and a lawyer backing her up. So definitely get a lawyer, preferably someone who specializes in disability cases.

With our current economic situation, I fear it will become even more difficult for people to get on disability than it already is. Also, if you do get awarded disability benefits, make sure to be careful what you tell your doctor about how you're feeling. Your disability case will be reviewed at certain intervals (usually one, three, or five years, depending on the nature of your disability and the odds that you'll recover). When they review your case, they'll pour over your doctors notes to see if there's any indication you've improved. If they feel you have, say goodbye to your disability benefits. It's rare for someone to be taken off disability, but it does happen.



(Edited for easier reading) Thanks! SE

Post Edited By Moderator (Screaming Eagle) : 6/11/2011 8:40:16 AM (GMT-6)

Yeah, I can understand that. I edited my last post to fit in with the guidelines here. From now on I'll break my posts up more so they are easier to read.

I guess I am one of the lucky ones.  When I had my accident, I was enrolled in a disability plan  at work. It kicked in as shortterm disability for 6 months, I believe, then it went to another form that lasted for 2 years. Then it became long term disability.  After several years, they insisted that I apply for SS disability, as they planned to take off the amount I would receive from SS from what I receive from them.  When forced I applied, but by applying for it early, I took a 25% reduction in what I would have drawn had I been able to wait till I was 65 LIKE I planned, when the personal disablity is done.

I applied for the SS, completed the forms, and had all my medical releases signed. about a month after I applied I got a phone call asking that I contact one of the medical providers and get the records sent as they had not been received. The caller also said: "Do not worry, you will be approved, we just need to have all the records on file. There were no additional questions, no letters, NOTHING.  I then received a letter saying I had been approved, and I think I remember the check for back pay to that date was already in my bank account.

Then a couple of years into it, my private disablity carrier desided I could do some  job. I sent them a letter saying as a RN, I was on meds that would disqualify me from working.I would fail any and all drug tests, due to my prescriptions.  They came up with this list of jobs 90 miles away, that I could work for $12-14 an hour, (though I made $30) and then the company would continue to send me any money I was still due of the $30 hourly (60%). (This also started in 2002 when I had the accident)

I told them my disablity eval said I could not sit, stand, or remain  in one position for over 30 minutes. Driving over 180 miles a day and working 8 hours a day definitely would not work. I had to fight them over and over and over. ALSO for the past 9 years, they have paid me based on a $19 hour wage for RNs. THIS WAS NOT MY WAGE, so basically they owe me about $60-70000 right now. I will take them to court. I did not want to have to do this because the attorney gets so much of it, but they just keep denying.

Unum, my carrier, is one of the companies that has a class action suit against it. It also has been fined over $40 milllion due to denying past claims. Just recently Iread of a surgeon who filed from 1996 and with interest, and money for all the aggravation he collected over $30 million.  

I am tired of complying with my part of the deal and getting scr**** by the companies.  I will fight and claim my due.

 

Rhonda I do know you have to work and pay in so many quarters. It comes out to almost like working 10 years straight to meet the requirement. When I filed for SSD in the very beginning on a phone interview the lady went over my entire work history based on the the information she had in front of her. She told me right then that I had met the quarters. If in fact you have not met the requirement you can file for SSI, which is Supplemental Security Income. It is for people that do meet the earning requirement if you get approved for it.

Good luck and keep us posted of what you find out.