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Disability

Started by trector1955, November 28, 2008, 12:52:53 PM

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trector1955

Hello
    I just have to vent for a min. I got my decision from Social Security Administration today. And they turned me down. Well I guess this is the first stag I guess I will have to get a lawyer now. But they said if I do They will take %25 of what they own me to pay the fee. Not fair. They just don't understand. I can barely see and they said I could work.They said all my problems were sable and being treated. Crazy. I have severe ADD, Sjogrens disease, Fibermyalgia, Heart problems, Mental in my big toe back problems Ibc Learning disabilities and they said I could work. Does anyone have experience with the next step. This is crazy The lady just sent the information to their Dr. on this last Monday because we were waiting for a report from the Physiologist. She was taking too long and so I told them to go ahead and file it anyway. Well I am seeing her on Monday. Maybe she has some ideas. My husbands cousin was approved because he weighs about a million pounds and can't walk because of his legs. Give me a break. I spoke with this lady at the store and she said it took her forever but when she went to see a lawyer she was approved in one week. This is not right I have been sick my whole entire life with something and never asked for anything I always worked. Not fair. Please could you guys give me some advice.
Theresa

susanep

Hi

Whatever you do don't give up. It's pretty common to be denied the first time. They are hoping you will forget it. Don't !

Don't be intimidated by what they say either. Just appeal and fill out anything and everything, and list every little detail of what you cannot do. List how you have to lay down , every detail. You don't even need to argue your case to them, just keep up your appeals, and add any new info from both you, other family members, friends, and all doctors. I have said a prayer for you.

Finally, if you need to get a lawyer then so be it. That  is better than giving up. He/she will take a percentage , because that is how they are paid. But, it can also be done on your own if you keep on.

susanep
Sjogren's, Lupus, Rheumatoid Arthritis, Hypothyroid, Fibro, Sleep Apnea, Diabetes 2, Asthma, and Gerd.  (Meds I take) Omeprazole, Pilocarpine, Levothyroxine, Effexor, Cpap, Aspirin, Mobic, Prilosec,, Xanax, Restasis, Systane,Vitamin D3, Plaquenil, Gabapentin, Provigil , Advair, Nasonex, and Proventi

eyeamdry

Someone on this forum was just awarded SSIDisability after needing to  get an attorney.  The attorney's fee was $5,000.  That meant his gain was $20,000 which is way better than nothing.  There was probably a long waiting period in there to count for the large amount. 

If you need an attorney, and you are successful, you'll be ahead for your efforts.  I can understand someone not wanting to pay an attorney money for which they think they are entitled.  From what I've read, getting an attorney after being turned down is the next thing to do and it many cases successful.  Good luck.  lucy

Epson

#3
I am thinking of filing for disability myself and there is no way I am going to try, until I talk to an attorney.  When you need medical help you go to a doctor right?  When you need legal advise, you find a good lawyer and yes you have to pay him.  He takes care of all the BS and knows how the system works, that's his job.

You have to admit it is pretty awesome that if you eat yourself into bad health, there is all kinds of help, if you happen to be unlucky and get an AI disorder, too bad for you.

trector1955

Hello
      Thanks for all your replies. I am going to try to appeal my self again. I won't give up. and this is for Epson. I did not eat myself into bad health. I am not very over weight either.  That mention about being unlucky enough to get an al was not really too nice. I don't feel unlucky. I feel blessed. I have a wonderful family. I didn't make myself get this horrible disease. I worked for a very long time. I paid for my disability. You have to have en ought hours of working to qualify anyway. I would much rather be working. Its not too much fun staying home and being bored. If I didn't have to do this I wouldn't.  I really don't want to go to a Lawyer anyway. I am not a great talker in front of people.
Theresa

Scottietottie

Hi Theresa  :)

In Epson's defence I don't think he was implying that you'd done anything to bring this on yourself. Unless I misread what he'd written I think he was saying that a lot of people who have overeaten (not you) do end of on disability and that he thinks it unfair that someone with an AI disease, through no fault of their own at all, finds it hard to get the help that they need.

He's on your side - honest!

Take care - Scottie  :)
http://sjogrensworld.org/   (our home page)
http://www.sjogrensworld.org/chats.htm   (find our chat times here!)
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Never do tomorrow what you can put off till the day after tomorrow!

Chana M

Hi Theresa

Just to echo Scottie - I don't think Epson would ever mean to imply that you've caused this yourself. Or that any of us have.  He just meant that sometimes it's hard for those of us with AI conditions to see others getting the help we're denied.

Having said that, if a doctor accused me of overeating today he/she would have a point!  It's a very miserable and rainy day here in Brighton, England.  So ... I've eaten lots of toast with butter and marmite; peppermint aero (huge bar); cherry and almond cake; and cheese scones.  Yummy!

Chana x

Sjenny

Theresa:

Please don't be offended, I think you misunderstood Epson's post.  He was sympathizing with you, and he was referring to your husband's cousin who is getting disability for being overweight. 

I have a son with autism and I could not get him the services he needed until I asked for help from my local congressman.  Then he intervened for us and everything fell into place for which I will always be grateful.

Do you have a local politician that you could trust to help you with your case?

Sue


Nettie

hi Teresa, I just wanted to offer you some encouragement in your efforts to get disability.  Many very sick folks are denied benefits at the initial level.  Please just continue to appeal and fight for your benefits at each step of the way.  Pay very careful attention to the required deadlines for filing an appeal.  When sending mail be sure to use certified registered receipt mail for proof of mailing and meeting deadlines, etc.

More than likely the next step for you is to file for something called a reconsideration.  Not all states have this step, so I can't say for sure if this will or will not apply to you.  Unfortunately, if you were denied initially, you usually get a denial at this stage too.  Again, immediately appeal and if you haven't gotten a lawyer yet, it may be time to seriously consider getting representation.

A lawyer can attempt to get you something called an "on the Record" decision (another chance for an approval prior to a hearing based on a review of your file and records), but regardless the next expected stage would be a hearing before an administrative law judge.  This is where the majority of approvals are received, however if you were to be denied after your hearing continue to appeal if possible to the Appeals Council.  If you have a lawyer, they sometimes recommend filing a new application as well at this time. 

I wish you the best through what can be a long and difficult journey.   Nettie


trector1955

Hello
     Thanks for your replys. I was thinking alot about what Epson said and I think I did take it in the wrong concept. I looked thr e-mails and he seems like a nice guy and why than I was thinking why would he said something like that I was just confused in a fog!!!! I get that alot. Its funny I usually look at everything with the kindest heart. but I was just in a fog. So you guys must forgive me. I have ADD really bad, and sometimes things don't always look right to me at first. Thats why sometimes I wait alwhile. before I coment on stuff. Well you guys have a nice evening and its not the end of the world about Social Security. I could eally use it now. but it could be worse.
Theresa

Scottietottie

Hi Theresa  :)

Believe me - it's really easy to misread a post. I've done it often myself - so don't feel bad about it.

Epson's got a wicked sense of humour and I'm pretty sure a thick skin to go with it - so I'm sure he'll be OK! He can pm me if he isn't!

Hopefully your next claim will go better. It's definitely possible to get it. Lots of people have said it takes more than one attempt most times. Some get it first time - but they seem to be the minority.

Take care - Scottie  :)
http://sjogrensworld.org/   (our home page)
http://www.sjogrensworld.org/chats.htm   (find our chat times here!)
https://kiwiirc.com/client/irc.dal.net  (way to chat + nickname and #Sjogrensworld)


Never do tomorrow what you can put off till the day after tomorrow!

Seeker

Howdy Theresa, I am sorry you are having so much trouble getting your claim approved.  Don't let it get you down about not succeeding the first try.  On an average about 90% of the claims will be denied on the first go around.  It's a matter of perseverance. Your chances of approval go up on each appeal.  That line about lawyer fees, is used as a scare tactic.  Yes, you will have to lose a little go gain a lot.  Social Security is hoping that they will get you so frustrated, that you will quit.  DO NOT GIVE UP!  You can win with out a lawyer.  But it takes much longer and you will have to put a lot of work in the process.  A lawyer who specializes in these type of claims, is a good investment.  But, shop around.  I know there are some good claims Lawyers out there that will not charge you an arm and a leg for their services.  No matter what your decision, don't give up!  You have a lot of people here rooting for you.  


Seeker
Every day is an adventure, waiting to happen.

Epson

Yes, you guys got it right.  I was just showing the irony of the situation.  We had no control over our situation, yet if someone over eats themselves into bad health, they get rewarded with disability.

Most insurance companies won't pay for weight loss programs, but will pay for bariatric surgery.  I don't get it!

Linda196

They also don't pay for smoking cessation aids, but will cover in home Oxygen and even nursing home care for long term ventilation for people with smoking induced chronic lung disease...and we wonder why premiums are so high!

Of course my favorite part of that particular paradox is; they will pay for the exact same medication as is prescribed for a limited time for quitting, if it's prescribed long term for depression!
Please check out our home page at http://www.sjogrensworld.org/index.html {{INCLUDES A LINK TO AMAZON SHOPPING!!}}
; and live chat at https:https://sjogrensworld.org/index.php?board=30.0

Mark54

     As I have replied in the past, take a deep breath and hang on for the ride. Chele has been turned down twice and it is now in the hands of our lawyer. The lawyer gets 25% or up to $5,000 of the past SSD if granted. It is really the only way to go. It is a long wait. We are probally a years or so until Chele is given a court date. We started the process about 2 years ago. Hang in there! The system wants you to give up!

     As far as Epson, he's a good guy. Sometimes you have to read between the lines with his comments. He is smart and knowledgable and has a good heart. He is a real asset to this forum!

God's blessings,

Mark....