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SSDI? Can we get some help?

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Posted 2/16/2010 5:27 PM (GMT 0)
I have read many many post on members and others getting rejected on this! Is there anything we can do to get some attention on this? Would it do any good to contact one of the major news media's, to try and get a ball rolling on this. Or would I be wasting my time on it. Any thoughts from the members on this. I would be willing to do some research on this, and make some phone calls, and present some testimonials.

This is just flat wrong, and something needs to be done about it. I see many of our members who desperately need this in their lives now! Any suggestions? I'm pretty much at a loss, as to what direction to go to help, and really don't know much about the process, but We need to do something about it. Sitting here and not doing anything about it will not get the job done.

One, should not have to hire a lawyer to push their claim through the system. Any idiot can tell that some of the members here should be on it. Come on give me a break! Would any of you members be willing to help with this? I know it will be a lengthy process, but what do we have to loose? I'm open to suggestions, and listen to your thoughts on this. Maybe I'm not the best on to get it done either, but I would at least like to try. Maybe some of us can team up on it, and give it our best shot. I don't know, maybe the meds are just making me stupid or something.

Michael
Posted 2/16/2010 6:16 PM (GMT 0)
Being on Disability, I must admit I was very surprised when I became eligible. I was denied in 1997 then re-applied in 2003 and was accepted. My disability is Chronic Migraines and BiPolar Disorder. It came before hurting my back. The first thing I learned is to be tenacious. When they turn you down, don't give up. Make sure you and your dr are on the same page because all the documentation you can get your hands on the better. It's almost like if you give them a ton of imformation, completely overwhelm them, it makes a difference. I don't know that to be factual, but I believe it's what happened to me. Also, back just before Christmas I received a letter stating that I had to re-apply. I have had to go back and get all my Migraine info, BiPolar info and now my back and arm info. As overwhelmed as I say they need to be with paperwork so am I. I will say that the one big advantage I had the last time was I had help from a woman who did nothing, but to help people get SSD. It was great for me because what I believe is that they try to overwhelm us into giving up. Now, I called SS to find out why I was having to re-apply as I have never had to before and without stepping on anyones toes, without trying to get political, the SS department told me they were being made to completely redo the whole system since the new administration is trying to cut the budget. I don't know what I would do if they took me off of disability. I'm uninsurable! I haven't gotten any info back yet on whether I'm still disabled or not.
Cat(z)
Posted 2/16/2010 6:51 PM (GMT 0)
Hello Catz4! Thank you for your reply. I'm not applying for it at this time, as I hope my surgery will fix me up, but I just wanted to help those members who are having such a hard time getting it. Any ideas, will be appreciated.

Michael
Posted 2/16/2010 7:42 PM (GMT 0)
Afternoon gang, thought I would throw my 2 cents worth in on this thread for what it's worth. We see it here at the forum on people applying for SSD and being denied and really this is nothing new. It has been this way for decades. This is not a new trend with them. I worked as a paralegal over 20yrs some know this, some don't. Many of our clients suffered injuries and were not able to return back to any kind of employment for various reasons. It is a step by step process that everyone must go thru. A very low percentage ever received benefits without going before an ALJ. 

 

The key elements on SSD is having an illness or injury that falls within their guidelines, you must have a dr state in writing that you are disabled from working and will be at least one year if not permanently. If you don't have this, then don't expect to be awarded benefits. You must show by way of medical records that you continue to be disabled meaning you have to see your dr.  You need ongoing treatment. Your dr and I am talking a specialist must say that you cannot work. A PCP does not carry much clout. You must have your dr behind you 100%. Unfortunately, because a person has surgeries of different kinds this does not mean they are disabled either. Surgery can fix the problem but cause other problems but again, a person may not be considered disabled. There are many misconceptions out there about how to get awarded benefits.

 

Age and education plays a big role when trying to get SSD. Now, there will be someone that is going to say different on this but, bottom line is it's true. They want to keep all of us working. 

 

When the dr says you cannot work and need to take a medical retirement, then file your for SSD immediately. Don't sit around and say oh next week or next month. There is a time limit to file so that you don't start getting penalized and lose any of the earning credits needed to qualify. Meaning your monthly check will be reduced because of the late filing. They don't much to begin with so don't let them penalize you. You must pay in 8 earning quarters  to be eligible for SSD. Many people are not aware of this little bit of info on the penalties for late filing. Most people will file immediately because they need to eat and have a roof over their heads and bills to meet. You can get paid benefits now at the 6 month mark instead of having to wait a year like they use to do.

 

When you are denied on your claim don't take it personal, it happens to nearly everyone applying. Its part of the their game. Most never ask for a reconsideration and SS knows this. Get denied, get a lawyer that handles SSD claims, preferably one board certified in SSD if there is one in your town. Stay away from the tv guide attys, the boys that tell you you how good they are on tv, they are not worth a bullet. Do your homework when looking for an atty, call your local lawyer referral serice for recommendations. Keep your atty local so you can go to his office and see what kind of a set up he has. Do not let one come to your home. Stay away from attys that are jack of all trades and master of none, meaning; I do speeding tickets, divorces, DWI's, SSD claims, comp & PI claims. You will get lost in their shuffle. Those guys are not up to date on new rules their goal is the $$$.

 

I also do not believe in paying an atty to take your claim. Why give them money, when if you are awarded benefits his pay comes out of your past due benefits and there is a cap set by SS on how he can collect in atty fees. Because you pay some guy money up front is not going to make him work any harder for you. All you are doing is throwing good money after bad. I know some folks who have done this I do not recommend it. By the way  reputable attys take a dim view on the boys that do this practice.

 

I will stop here because my post is too long.

 

 

Posted 2/16/2010 7:51 PM (GMT 0)
Michael,
I know your heart's in the right place, but take a breath, ok? :-)

These problems with the SSD system aren't new, and are very complex. You might want to research some older threads as Straydog has provided a lot of excellent info. on this topic over time to many of us here. But to attack the system probably would get us into political areas and that's against the forum rules, so I think the best we have been able to do here is provide support and share our experiences.

Various media periodically pick up on this issue, but there are so many big stories out there now with many people hurting, I don't think this is top priority for many news outlet - except maybe a special interest story here or there. AARP did a story about a year ago in their newsletter about people who sometimes die before they get SSD. And like some other members have mentioned, many (myself included) will exhaust all their savings and any other resource they can get their hands on, and have to cling to the little bit you get from other government programs until SSD comes through (if it does).

Honestly, I don't think the problem is individuals who are getting disability who shouldn't be - at least that's not the biggest piece of it, IMHO. And I do think (again, IMHO) we need to be careful of judging others we may know or see from a distance. I know that if I get SSD, might I still try on occasion to do some kinds of activities to maintain a pittance of a quality of life? Sure, I'll try. And SSD even allows you to earn a few hundred dollars/month (I think it's up to $900/month now) and still be considered disabled. From what I am learning, it's about the inability to be "gainfully employed" not necessarily inability to do anything. I guess I just make these observations because I know how I and others here are judged - people tell us how we look fine, etc. when we know otherwise - so I'm hesitant to judge others based on what I may see. (BTW, Michael, this isn't in response to your post as much as comments that sometimes generally get made).

Ok, I've rambled enough here! Search some older threads and see what comes up - especially with Straydog's posts.

Good luck with the discogram tomorrow. It's not going to be as bad as you think (usually our minds create more horror scenarios than the reality, although I know that's not always true). You will be mostly out of it, and though it may not be pleasant if they recreate your pain, think of it as a positive thing because that will mean your surgeon can more accurately pinpoint where your pain is coming from.

PaLady
Oops! I see Straydog posted while I was typing! LOL

Post Edited (PAlady) : 2/16/2010 12:55:55 PM (GMT-7)

Posted 2/17/2010 5:06 AM (GMT 0)
From my experience as a HR Director in a small rural hospital getting thrown out the first time is usually the norm if not you would be an exception. I've known people that should have had it from the get go and were refused, to people that should be working everyday getting it from the get go...go figure. It is a crazy mixed up mess that shouldn't be abused but should be used by those that need it. Often times the squeeky wheel (you know the story).

If you need help I would be happy to assist you in anyway I can...calls, letters etc. but sometimes it is time to look at the system and say well it has been like this for years and it ain't changin no matta what I do...but I'm always good for a try a time or two. I haven't filed because I do have a retirement benefit however the advantage would be health coverage/medicare if I'd loose coverage before I'm eligible to have medicare I would file but as long as I have Kenny's coverage I won't file. I know we could go on the hospital's retiree plan but it is only $1300 per month/choke/gag/OMG...terrible but at least there is an option...and with my usage in 2008/2009---it was far more than $1300 per month. Let's keep our fingers crossed for '10...It makes me sad to think the ones that need it can't seem to have their needs met.
Posted 2/17/2010 8:51 AM (GMT 0)
Michael, it's not just SSDI that is messed up it seems to be all government run systems. My son got laid off from his job, then a glitch occured and he literally got screwed out of his unemployment. He is now living with us and working for a temp service for low pay & no benefits. He makes too much for any assistance but not enough to be able to live on his own (so he is here with us). No medical is available because he isn't disabled. Thank God he is still young and healthy but that could change in an instant.

It just breaks my heart when I see all the homeless families on the news. Or cancer patients with no insurance that can't get the medical procedures they need. Like PaLady says there are bigger & better news stories out there to cover.
Posted 2/19/2010 7:17 PM (GMT 0)
JustLiveLife, While I appreciate your effort to maybe correct a members reply or thinking. I do however do not think it is right to belittle members here, and believe it is against the rules as well. Will you please edit your response for the members here before a Moderator does so. This may just be an over site on your part, and it can happen at times. We try to refrain from any abbreviated forms of swearing as well. So if you could kindly remove the comment or reword it as not to offend anyone, we would all greatly appreciate it.

Thanks!

Screaming Eagle
Posted 2/19/2010 11:29 PM (GMT 0)
JustLiveLife you really need to go to the SSA web site and read up on how atty fees are paid and how they are regulated by the SSA. We do our best here to post correct info to our members.
Posted 2/20/2010 2:15 AM (GMT 0)
Hi all....

I recently received my denial (first) as well and was told that I was too educated and too young (42) despite the fact that I meet all the "instant" approval information on the SS website. I even had the SS Psych Dr evaluation that my Dr. told me said I should be approved.

They simply left off the medical problems that would have been used for automatic approval and said simple things like "I claimed I had low back pain"....however.....bla, bla, bla... This was true for almost everything they provided as the reason for my denial. Naturally, I appealed immediately online and will wait for the next denial and then find a really good attorney.
Posted 2/20/2010 8:16 AM (GMT 0)
Retiredmom you are so right, they do look at age and education. They feel those people are perfect for retraining into a line of work that will fit with their physical abilities. One of members here actually had to file twice and on the 2nd go around at the hearing the judge finally ruled in his favor. If I remember correctly that person was turned down at the hearing level on his first try. I read at the SSA website a lot and it pretty much comes right out and says someone with an education is a perfect candidate for retraining.

Keep plugging away, a lot of folks quit trying at the first denial thinking they don't have a chance because its government and thats what they want us to think. Take care.
Posted 2/20/2010 10:26 PM (GMT 0)
Thanks Straydog!

I will keep working on it. Strangely enough, the SS Psych Dr. determined my IQ to be 94......it has ALWAYS be in the 130's. It works for me for this situation, but the IQ test I took was really strange and couldn't have been a good indication of an actual IQ. I wonder where they actually get their Dr's and why they bother if they are going to disregard whatever their own Dr says anyway.

My Psych Dr. read the report to me and told me that he understood why I scored so low because nobody tries their best on a SS IQ, but I really did!!! I just can't fake tests....never have been able to. It's not in my nature to fake things. I did fail my comprehensive exam research question in my Master's program about the same time, but everybody failed that question. I passed everything else and had a 4.0 for the entire program. It may be good for SSD that I failed, but I still have all that money out and nothing to show for it. I retake next month, but still can't understand research...... I would honestly quit, but my husband is really upset about the money for the Masters and then quitting with only one question to answer. I started before my back herniation and surgery and did the rest online to keep my mind occupied. I'm now medically retired and can't earn more than $950.00 a month or they take the retirement away. Also, if I try to earn any money, they will send me to another Dr. to make sure I'm still qualified for medical retirement. I honestly am, but I'm afraid of what a state Dr will say and don't want to be sent back to a job I can't do. I'd only end up fired for failure to perform my job duties and I did almost 20 years before I was disabled.

Thank you again!
Posted 2/20/2010 10:48 PM (GMT 0)
RetiredMom, I asked one of my specialist where they get these SSD drs at. He says they are retired drs that are wanting to get out of the house and away from things, lol. He said since they are retired money is not of importance to them like when they working for a living. He says honestly they are paid anywhwere from $30/$40 a throw to see a patient. How bizarre is that. I asked my dr if he was going to join that elite group when he retired, he laughed and said no way. I said well, at least they aren't being paid big bucks to say everyone is peachy keen. I know most drs that see patients for an insurance company, you know what they are going to say-nothing wrong with this person, I saw that all the time when I worked.

Just try to hang in there, thats about all any of us can do these days. You may want to start looking around for a good SSD atty in the event you end up needing one. At least having one in mind would cut down on trying to find one with a time limit involved.
Posted 2/21/2010 8:30 PM (GMT 0)
JustLiveLife it sounds your claim went thru without any problems and that is great, mine did too.

However, that is not always the case for every person that files a claim. Every claim is different with its own merit. I take offense af your comment that perhaps the members "are not doing things right". That comment was totally uncalled for and I would ask that you think before making comments along those lines in the future. What worked for you may not work for another person
Posted 2/21/2010 10:13 PM (GMT 0)
JustLiveLife, I'm going to agree with Straydog on the comment, and she is right on the money when she states that "every claim is different with it's own Merits. This forum is not for putting down members at all. And you will receive sharp criticism for it. It is our wish that the members here, be lifted up with encouragement to say the least. Please take this as constructive criticism, and we hope that you will find help and well wishes here on the forum.

I too have been criticized for how I worded some of my post, even if it was meant to be light hearted. These members that you are addressing have suffered for a long time, and are not always in the best of moods. I can tell you that right now, with the pain I'm in, I'm not in the best of moods either. Life goes on, and we learn! It is my wish that we can be compassionate to one another, and help where we can in a positive light. Stray has always done that, as many a member here. So lets move on, and work together.

This topic has been dear to me, as I see a lot of people denied these benefits, and for reasons that are hard to understand. It is complicated to say the least, and I wish the system was easier to work through, but it is not. Thank you all who have contributed to this topic. I'm sure that many members will benefit from it.

SE
Posted 2/22/2010 1:01 AM (GMT 0)
JustLiveLife,
I am glad your claim worked out for you, and I am not taking your comments personally. However, some of the information you say about psych drs. is not accurate. For example, they can be retired and still have an active license. You can retire from a practice, or hospital work.

Also, SSA pays so pathetically that not a lot of private practitioners want to do the work. Sometimes - and I say sometimes, not always - those who do evals for SSD are in need of supplementing their income. If they provide too many evals that make it "easy" for people to get SSD, they likely won't continue to receive a lot of referrals from SSD. It's called not wanting to bite the hand that feeds you. I've had a hand in this from the professional side, so my expertise isn't from my personal case.

Thanks,

PaLady
Posted 2/22/2010 4:40 AM (GMT 0)
JustLiveLife,
I didn't say a "retired license"; I said someone can be retired from a particular aspect of their work such as private practice, or hospital work, and still be practicing.

If one places one's license on inactive status, that is a different matter.

PaLady
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