Denied by SSD...next step?

Ok, so I was denied SSD on my first try. No big surprise. They said that my "condition is not severe enough" and that based on the information I gave them, I should have the ability to perform a teacher assistant job I once had. They even went on to say that "while you may not be able to do this job as you performed it, you could do this work as it is generally performed in the economy". What does that mean? "We know you used to be a good worker, but now, just try to get by ok?"

Who would hire someone who cant stand for long periods of time, who falls asleep constantly? Would you want someone on morphine to be supervising your kids?!? Kids are really tough in Philadelphia, you have to be on top of your game to teach them here. They arent afraid to get in the the teacher's face. I cant tell you how many sweet little Kindergarteners have threatented me. I cant go back into that. Not here. I would love to be able to do it, I just cant.

So I am appealing. I read that most appeals are decided before they get to the hearing. Sounds like I dont need a lawyer then?? On the other hand, I should be presenting any "new" evidence for my side with my request for an appeal---this sounds like a lawyer could help me with it.

Who has gone through this? Do I get a lawyer now? I couldnt afford to pay him if I lost. Any advice?

My first piece of advice is get a lawyer.  You won't be able to do it alone.  It's designed that way.  We used Binder & Binder for my husband.  http://www.binderandbinder.com/  After 3 years and 2 law firms we won.  If we would have gone through Binder and Binder in the first place we would've had it sooner.  I'm not trying to sell you on them but they got us what he was owed including 3 years of back pay and benefits for our 4 year old.  My husband has chronic kidney stones.  He passes stones 3-6 times a month and has been for the last 6 years.  Kidney stones were hard because it's rare that it's a chronic condition.  Also it took so long is because in CA there was/is a 19 month waiting period to get a hearing.  

You have to prove that you cannot work an 8hr day and that your not employable.  A lawyer will do that.  They won't charge you unless they win your case and they're payout is capped by law.

If you have any questions let me know!

:) Becky

Post Edited (BeckyR) : 6/23/2009 11:18:21 AM (GMT-6)

Just about everyone is denied at first. I went through two sets of papers and two denials before I got a lawyer. Got a court date, but was approved by the judge before it came up. It's pretty standard for SS lawyers to get only a certain percentage of your settlement and only if you win. You might check around for someone with a good reputation for SS cases -- they usually can get things okayed quicker.
Sorry that I repeated some of the information from other posts -- really in a fog today, and it's late, too.
Good luck and don't give up!
(((hugs)))
Shash

I can sure identify. I've been turned down once, and I now have an attorney. As Becky said, they won't charge you unless they win. The ones I have only charge $250.00 if they win. I don't know how they can do it, but I'm glad they can. The wait continues. Be sure to secure an attorney, as it is the only way to get anything out of SS.

It's amazing to me that we have to fight so hard to get something we've paid into all of our working lives, in case this sort of thing occurs. It's aggravating beyond words.

We just got a favorable decision for my husband in late Feb of this year. It was less than 2 yrs.

I found out that if you petition the court under a dire need, you can get a pushed up court date.

Example: out of work and losing your home to foreclosure. (you would have to provide copies of your late payments to all utilities, car loans, house foreclosure notice, bank statements.

If you are in this spot, they will hear your case. (We received a lot of ~wink, wink~ advice on "IF" you were in this situation........we were late on everything EXCEPT our home loan because we did not want to live under a bridge............~wink~ you can pay your home mortgage payment, so you really don't have a need. ~wink~

It is a huge gamble. We were so far behind we were almost without utilities and without our car, but the house was paid on time or most of the payment. Once it got to the point of having to catch up the other payments, we had to skip the house payments for a couple of months. That is the only reason they moved our date up.

We documented EACH new RX my hubby got. If there was a new problem, Vit D deficency, we sent that in to the lawyer. Keeping a log of the strange schedule he slept (mostly 18-20 hours a day) Pain increases, the dr. ordering new vitamins because of problems, dropping meds for new meds. All of this needs to be documented and sent in for evidence.

You also need to have mental fog documented. Trouble walking, standing, sitting, pain levels, mood swings............anything that you feel or have to have done. ER visits, hospital stays, dr. visits document, document, document.

We had our court date and we had to appear. From the paperwork, it should have been a favorable decision without having to be heard, but we were not fortunate in that and we appeared.

If you can get a friend to be a witness to your change in abilities, then you can have them stand if your lawyer sees fit to have them.

I would say get a lawyer. We went with . (I was frustrated with them because I did most of the leg work and calling.) When we got our court date, they tried to tell the court that they could not come because no lawyer had been assigned of such short notice.......our judge took the law firm to task at the end of our hearing and said he never wanted to hear of a dire needs case not having rep. in his court again. They had time to get someone on the case. Our lawyer never met with us until the day of the hearing right before we went in.

She had reviewed the case, but we felt like we were not 'taken care of' because it was so rushed and we had questions that were not answered because we never talked with the actual lawyer just the people that answer the phones when I called for 18 months.

They took the case for the max. fee allowed by Alabama only if they won the case.

I hate to say you need a lawyer, but you really do.

I took out the lawyer's name because that could leave HealingWell open to a lawsuit.  I do understand your anger, though!

 

Sherrine

Post Edited By Moderator (Sherrine) : 7/12/2009 8:29:51 AM (GMT-6)