I just got my first denial letter today. It was a hard pill to swallow, even though I was expecting it. I know it's just about impossible to get it on the first try. But I was really upset to read their reasons. It's like they didn't even read that whole long packet I painstakingly filled out. They said I don't have problems sitting or walking around. I clearly documented that I do. I'm really upset. Today was a worse pain day anyway, and now this on top of having an already lousy day. I can't do normal recreational things --- I'll never go to a movie or concert again because I can't sit in the chairs, I can't do my own hobbies anymore, but they think I can work? Fulltime? I can't even work parttime!

Anyway, has anyone gone on for the appeal on their own without hiring a lawyer? I know it's customary to use a lawyer after the first rejection, but is there really a greater success rate at that level? Is it just as well to do it on my own? I'd appreciate input from you who are more experienced at this than I am.

Thanks!
Emily

Emily,
I am so sorry about the denial letter and I know how you feel. I agree that it seems like they don't even read the information we send back to them because it sounds like the denial letters all sound the same. Someone else will probably have to answer about the lawyer because of my situation with Long Term Disability I used a company called Allsup who was recommended by my LTD provider. I was in the process of checking with an attorney when I received my first letter from Prudential suggesting I use Allsup. I am waiting on a ALJ hearing at this time.

I want to wish you the best of luck and tell you to hang in there because they want you to give up. My neurosurgeon tells me I will get the disability but I would feel lots better if I had a letter from SS telling me that.

Emily, I don't know if an attorney helps or not but I got one for my appeal. I figure let him do all the work. It took a lot out of me applying the first time. I really did all the work for him when you think about it. Personally I think you have a better chance when they see an attorney's name. Although my attorney said I will probably not be approved until I go before a judge. I figured since I did not have to pay him out of pocket that it was worth it for me. My attorney only does Social Security so I figure he knows what he is doing. I'm sorry I did not answer your question. Just giving my opinion. I think we may have applied the same time. Can't remember. I applied in March 2007. Appeal filed the end of June.

I believe it's best to have a SS lawyer

I guess I'm in the minority here. Where I live, the lawyers won't even discuss your case until you've been turned down twice. I appealed my first denial immediately and was approved on the reconsideration. But I was tenacious with them, calling them, asking if they needed more information, making sure they got it, etc. I even talked to the woman responsible for my reconsideration and was able to convince her that I cannot work.

But I really think what happened with me is very unusual.

I hired a lawyer, just becuz i couldnt think straight ...

He was involved before i even filed the first time, But i had to file on my own the first time. He did send a letter to them even tho he wasnt obligated.

i was denied, then he took over sent in the reconsideration in nov...i was approved...just got my award letter Feb 8th.

so he doesnt even get alot of money, he didnt care as long as i got it.

I prayed alot, so the Lord did it(cuz i gave god a deadline when i expected it)
But im sure the Lord worked through the lawyer.

I guess any chance of me getting it fasted, and the less work and worry for me i didnt care if he got any money from it.

My lawyer wouldnt have even taken my case if he thought he didnt have a chance of winning..

he worked for the SSO so im sure he knows all the ins and outs..

Im sorry you were denied, i remember my letter and it was insulting...
but its probably just a formal letter they send out.

Alot of people say you get the same answer as the first in a reconsideration but for me i got it. thank God cuz i would have crapped mysefl going before a judge..lol..

So dont take their letter (denial) personally...use it for your advantage...write reasons why its wrong, send it in..

i wasnt suppose to send in anything but the forms that they wanted me to fill out, but i did, i had like 10 pages of why i cant work, or why i cant get out of the house...i know my doctors didnt keep detailed paperwork on me, so i did it myself.
good luck, and keep us updated....

Thank you, everyone, for your responses. You guys have lifted my spirits a bit, and they needed it!

I guess I'm thinking why would a lawyer work hard to get the approval on the second go 'round when he would make a lot more money if it went to a judge.

AuntDuci, that's funny, you said exactly what my GP said today, to not take it personally. He also said to not give up, that it's obvious that I'm not going to be able to work again. That was encouraging, especially as he wasn't the doctor who I originally talked to about this. I clearly have at least two doctors in my court. Of course, that doesn't do any good if the determinator doesn't bother to read any of the documentation!

Madalot, how often did you call about your case on the appeal? Did the person on the other end of the phone get annoyed? Did they even care? And did they know who you were? When I made my one call to see how things were going with my case, the woman told me that my case was with the doctor as soon as I told her my name. She didn't ask me to spell it (an unusual name) or for my SS number. She just "knew" what stage my application was at. I found that to be surprising, given the number of cases they have to deal with. I wondered if that was just her pat answer to anyone who called her. I don't want to jeopardize my case by being a nuisance, but if it would actually help my case, I'd be glad to be a nuisance!

Thanks a lot,
Emily

Madalot, how often did you call about your case on the appeal? Did the person on the other end of the phone get annoyed? Did they even care? And did they know who you were?

It's been a couple of years so I'm not sure how often I called. I think I teetered on the nuisance line without actually crossing over it. I remember I would call and they would say they were waiting on information from my doctor. I would ask them specifically WHAT information from WHAT doctor, then contact the doctor to expedite it being sent. Once the doctor said it was done, I waited a day or two, then called SS again to make sure she got it. I was always polite (sometimes almost to the point of being sickening) but I think she figured out very quickly I wasn't going away.

The way I found out I had been approved was that I got a phone call from SS asking me if I wanted to come down and file to get benefits for my kids. I was like "Excuse me? I haven't been approved." Apparently, they had deposited my backpay into my account the week before (I don't check my bank account balance like that). I was shocked.

Madalot thanks for sharing your posts with us. I have been approved for SS (that still sounds so wonderfull !!)and have received my backpay and have gotten 4 monthly checks. In January I did all the required steps to now start my child to receive benefits as well. It's been a month now and no check or backpay. Do you remember how long this took to get started ?? I am just so exhausted from all the waiting ....I feel like my bank's website is going to block me because I have checked it so many times this year !! I just can't wait til I have a normal month of being able to pay my bills knowing my total income for the month without having to say 'well if the check arrives....."

It is true that when you get that first denial letter that it is a crushing blow. However, my attorney said that everyone gets the same letter. He sent in my reconsideration letter and once again, denied... I am now waiting for my hearing with the Judge. I thought maybe, just maybe, it would be coming soon. Then I received a letter from my attorney saying it would probably be another 9-11 months... Great... He did say that I should contact my Senator's to see if they could help... Lo and behold, I have now heard from both of my Senator's requesting my signature on a Privacy release form and then also just received an email from my Congressman asking for the same thing. They are going to contact SS on my behalf to see what the problem is and why it is taking so long. You see, there is a hiring freeze at the federal level.

So for all of those that are waiting, you may want to give it a try. I know I suggested it on another post and one of the people there gave it a try and now has a hearing in early March. It is worth a try.

Good luck to you all, Jenn.

I totally agree about contacting senators and congressmen ! I did, and I know more about my case through them than the attorney. Not that my attorney isn't doing his job, he is....it's just that my congressman gets a list every two weeks with the status of all those who contacted him. I call the congressman's office every two weeks and get an update. According to what I've been told, the city and state I'm in takes 13-14 months. I am now in the 13th month after filing my appeal. Suddenly, there is a calmness around me that I haven't felt in TWO YEARS. My pastor said NEVER pray for patience, cause the Good Lord will give you something to TEACH you patience. Boy, he sure was right ! Good luck to everyone !!!!

Would you contact your senators if you haven't yet retained a lawyer? If I appeal on my own, does that make a difference with contacting my senators?

Thanks!
Emily

I sure would ! The attorney doesn't tell you who to vote for.... As long as you have been denied and FILED for an appeal you can contact them. From reading so much info on these boards I feel more confortable with an attorney. I know alot of people have gone thru the process by themselves and I really think that's commendable, but for me...all the meds I'm on..and really not knowing the system, it was better for me to get an attorney.

My lawyer has failed me thus far.Perhaps the Federal Level will prove me wrong.My second application starting all over I did not list a representative.
A point to be taken....
A lawyer gets 25% or up to 5 thousand and something of your backpay.... or nothing if they lose your case.
What financially minded lawyer would satisfy a case for 25% making 1,500 or 3,500 etc...None!Certainly not if prolonging the case will net them over 5 grand!The whole thing is a racket!
They also take so many cases that the ones they do lose don't affect their bank accounts.MB

<<It's been a month now and no check or backpay. Do you remember how long this took to get started ?? I am just so exhausted from all the waiting>>

The day I got the phone call from SS asking me if I wanted to file for benefits, I went down to their office and completed the paperwork. What had been put into my bank account was backpay. I only waited another month before I began receiving my monthly benefits for both me and my children.

Maebelle, that's exactly what I'm thinking! Maybe I should file the appeal on my own and write to my senators at the same time. Then if I get turned down, I could get a lawyer for the third time, that is, the going before a judge level.

Is that reasonable and make sense?

Emily

My lawyer has failed me thus far.Perhaps the Federal Level will prove me wrong.My second application starting all over I did not list a representative.
A point to be taken....
A lawyer gets 25% or up to 5 thousand and something of your backpay.... or nothing if they lose your case.
What financially minded lawyer would satisfy a case for 25% making 1,500 or 3,500 etc...None!Certainly not if prolonging the case will net them over 5 grand!The whole thing is a racket!
They also take so many cases that the ones they do lose don't affect their bank accounts.MB

I thought the same thing about the lawyers. Who would work for that little amount. Then I thought about it. I did all the paperwork for him. I made all the copies. Went in with all my medical records etc. So all he had to do was put his name on the paperwork and mail them in. My lawyer only does social security appeals. So if he has 50 clients and is getting $2500 then that is like $125,000. Not bad. So they do have some incentive to settle your case. I thought the max they could get was $2500. I can't remember now. Plus I think they only take the cases they know they will win. I bet my lawyer kicks the people to the side that he thinks has no chance. I agree it is all a racket. The government knows it too. If the government did their job and really evaluated our cases and approved them like they should be, the lawyers would not be out of control. Just my opinion.

i guess for me i thought why wait till the 3rd or 4th time, if i feel i might need a lawyer he will get more if i wait till the last to hire him..lol..

so i think no matter when you hire them your just about doing all the work, i dont know what he exactly did, dont care at this point..lol..

but i got him on my reconsideration and he is only getting a total of 620.00 from mine.
I just didnt have the means to gamble with the whole process, which im sure no one can. So i just would rather be safe than sorry.
And to me the whole thing was just to stressful, the waiting was hard enough, let alone trying tor emember to do this and that , mail this and that..

Good luck all