SSA-Third DENIAL!

I am so sorry! I know exactly where you are right now! It's so discouraging. I actually got my SSI without an attorney. I called Congressman's office and they helped me tremendously! I e-mailed them first, briefing them on my situation and then called. They were wonderful. THere are alot of people hear who will be able to advise you about a lawyer! Hang in there and don't give up! God Bless You, Judy

It took me 2 applications on my own and the 3rd time I hired an attorney who specializes in SSD cases.  I got a decision within 3 weeks and a check within 60 days.

I called the local bar association and also checked out their website to find attorneys who specialized in SSD cases.  I interviewed 2 of them and hired the second one.  If the attorney will not take your case that is usually a good indication that he/she feels you cannot win.  They take the cases on contingency and are limited by federal law how much they can be paid.  2 years ago it was 25% of retroactive payments up to a max of $5300.  Hated to give the attorney the money but he was really worth it.  We talked for about an hour on the phone and then met for almost 3 hours.  He prepared all the papers and handled everything.

You might post and let people know where you live.  Someone might have experience with a local lawyer.  You do not want one who just practices general law.  I believe it is getting more difficult to get approved.  Keep in mind that the standards are simply that you cannot return to work for 12 months or more and are fully disabled.  If you are young they say that you can be retrained if you cannot return to your former job.  The standards are much lower if you are older....more than 50 and they lower again past 60.  I am almost 66 but was still turned down even when I was a quadriplegic and there was no guarantee that I would ever walk again. 

The process is more one of denial and they look for reasons to deny rather than approve.  Unfair but the way the system works.  A lawyer will know up front what will work and what will not in most cases.

Good luck.  You have a window to reapply so don't delay.  Otherwise you have to start from scratch.

Bill

The SSD program is federal but the adjudicators and the administrative law judges are all state based so there is a huge difference in how efficient the programs work from state to state.



The first 2 applications go to state adjudicators who, on advice of state appointed doctors, evaluate the applications and make a decision to approve or disapprove. Most applications get disapproved. The national stats are that only about 1/3 get approved on 1st application but only 10-15% on the 2nd.



The reconsideration, or the 3rd application, goes before a state appointed administrative law judge. Some states like Georgia have a ridiculous waiting time of 2-3 years. Other states are much better but I have heard that there is a shortage of judges overall and an increase of applications. The whole process for me on the reconsideration was only 3 weeks and I got the money within the 60 day time limit. Even so, about 2/3s of 3rd applications get approved.



It pays to be persistant but most need an attorney.



It does make a difference which attorney you hire. Your suggestion to ask local people in a lupus support group is a good one. I have recommended my attorney to several local people who have all had success.



This SSD program is going to get more difficult due to economic conditions. It is unconscientable that Georgia has such a long wait to hear a case. Those who deserve this benefit will have even more difficulty getting it approved in the future. I know from personal experience how stressful this process is at a time when you are struggling with an illness. None of us wanted to be sick.



Bill

Post Edited By Moderator (Lynnwood) : 10/3/2008 8:13:56 AM (GMT-6)

Thanks for your suggestions. I have had no luck with attnys here in Manassas, VA but the Lupus Foundation has given me some leads in DC. I will attack those this week...thanks

SSD is a process of denial.  Actual stats are that 2/3s get denied on first application and 85-90% denied on second application. By the 3rd try the odds go up sharply to 65% approval. 

SS looks for reasons to deny and anything you inadvertently put on the application that can be used to deny your claim will be.  That is why it pays to get an experienced lawyer to make sure you don't say the wrong thing.  There is a legal, bureacratic language and unless you know it you can easily make a simple mistake on the app and get denied. 

I know there are cheats but for those who are truly deserving the process is horrible and inhuman.  The current economic situation will not make the process any easier.  I understand that in some states it can take 2-3 years to see an administrative law judge for the 3rd application.

Bill

I just got my first denial last month and have submitted my appeal. I do not qualify for SSD because I haven't worked in 8 years because I was having children. I was planning on returning to work when my children were older, but it was the last pregnancy that brought my Lupus into full bloom you could say. I am now unable to type for longer then ten minutes, write for even less, I'm on hydorcodone or darvocet around the clock, can't stand for longer then 20-30 min. I used to work as a Vet tech and I know that if I tried to restrain a feral cat today someone would get hurt really bad. I know a vet that I'm going to ask to write a letter stating that he would not hire anyone who had limited hand stregth and is on constant narcotics. I meet with a lawyer end of this month. The main reason I'm applying is because I have no health insuance and no insurance company would touch me. I may not have a definite dx, but the bloodwork is there for all to see. We may qualify for SSI and medicaid but that's it and we'll have to really fight to get that. I'm not going to give up on this because medical costs for me are not about to go down and it kills me to spend Close to $200 a month on meds, Rheumy was $180 every visit until I fired him. Luckily PCP is handling things well enough and his visists are only $80. Best of luck to you and don't give up.

Puccini, a lot of medical schools will work out a sliding scale fee and that usually applies to medications too. Plus in the resources area is a post I made about programs to help you get your meds. Believe me the resources are there they are just so hard to find.