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Old 10-24-2004, 03:24 PM   #1
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Jim Campbell HB User
Question Lost... not sure what to do?? SS question.

Hello all....(first post)
I received several injuries while working in Arizona in May 2001. Most notably a back injury which consist of 2 ruptured discs, two broken bones in spine, and numbness in my upper right leg.
I have not worked since because either no one would hire me because of my injury or I was affraid to take a job because of the pain it would cause me.
I finally moved back to NY State because I could no longer support myself and recently I finally realized I would have to do something on my own and not rely on others to hire me. I purchased a bread route (delivering bread).
Since then I have finally received a settlement of only $300.00 per month from Workers comp. This is fine but not enough to live on and I am not sure I can do my route much longer because of the pain...To be honest I am very scared and not sure what to do....
Enough history now to my question..

I was turned down for Social Security Disability and my appeal is now coming up in the beginning of November. Any ideas on how to procced...Is getting a lawyer a good idea or a mistake? anything I should be aware of ? Any help would be appreciated...I will answer any questions...
Thank you for your help........

 
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Old 10-24-2004, 04:22 PM   #2
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lfoster21 HB User
Wink Re: Lost... not sure what to do?? SS question.

Jim, I don't know about NY, but I know in VA you are almost always turned down the first time and often win the appeal. I think though, the ones that win are often done with lawyers. Since you don't usually have to pay up front for the lawyer, it would probably be well worth it. I know each state is different. I was accepted in VA and my brother who couldn't stand and was in a wheel chair 24 hr. around the clock was denied both times. So, I'd suggest getting yourself a lawyer and dont worry yet about the appeal. It may be routine. Also, do a search on these boards using "social security" and you will probably get a lot of info.

Good luck and keep us posted,

Lorie
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Old 10-24-2004, 05:55 PM   #3
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Re: Lost... not sure what to do?? SS question.

Hi, and welcome to the board. You didn't say anything about whether you are under a doctors care or not. What kind of tests have you had and what did they show? It's hard to suggest what to do next when we have no knowledge of what has already been done! Tell us where your pain is and what causes it...does sitting aggravate it, etc.
If you have at least one dr. saying you are disabled, then your next step is to hire a good SSD attorney. They will take the case only if they are pretty certain of winning because they don't get paid unless you do, lol.

Good luck, and again....welcome.

Carol
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Old 10-25-2004, 10:48 AM   #4
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Re: Lost... not sure what to do?? SS question.

Jim,

Appeal the Social Security Disability denial of course but don't worry about a laywer quite yet. If you think SS is purposely denying you enough to live on then maybe a lawyer is a good idea, but if you think the $300 a month is fair for the time you've worked and the jobs you've had then it is just a matter of proving how serious you are. The SS is notorious for denying people about 3 just because. There is no real reason, they just do things that way. I think they are trying to see how serious you are and how much you think you need it.

If, after the 3rd denial, you are still serious then you might want to try for a lawyer or you could go another route. Have you considered applying for SSI?? That stands for "Social Security Insurance and is meant for people wgo don't qualify for SS or SSD in amounts enough to live on. It might be worth thinking about anyway.

Hope this helps.

 
Old 10-25-2004, 11:20 AM   #5
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gave up on back HB User
Re: Lost... not sure what to do?? SS question.

It works differently in each state, but this is how they do it in Ms. You apply, get turned down. Appeal, and then if you get turned down, the lawyer steps in. It usually takes close to two years just to get to court. I've went thru it and now my sister is going thru it. The lawyer won't usually step in until you get turned down twice and he thinks you have a good case. I hope this helps and I wish you luck.

 
Old 10-25-2004, 07:49 PM   #6
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injured betty HB User
Re: Lost... not sure what to do?? SS question.

[QUOTE=Jim Campbell]Hello all....(first post)
I received several injuries while working in Arizona in May 2001. Most notably a back injury which consist of 2 ruptured discs, two broken bones in spine, and numbness in my upper right leg.
I have not worked since because either no one would hire me because of my injury or I was affraid to take a job because of the pain it would cause me.
I finally moved back to NY State because I could no longer support myself and recently I finally realized I would have to do something on my own and not rely on others to hire me. I purchased a bread route (delivering bread).
Since then I have finally received a settlement of only $300.00 per month from Workers comp. This is fine but not enough to live on and I am not sure I can do my route much longer because of the pain...To be honest I am very scared and not sure what to do....
Enough history now to my question..

I was turned down for Social Security Disability and my appeal is now coming up in the beginning of November. Any ideas on how to procced...Is getting a lawyer a good idea or a mistake? anything I should be aware of ? Any help would be appreciated...I will answer any questions...
Thank you for your help........[/QUOTE]

Since you worked inbetween this and your injury, are you sure that you are still eligible for WC? Do they know that you are working? You are only allowed so many hours of gainful employment and then they cut you off.

Since you worked, you can't go back to WC for more money and WC pretty much pays as much as SS. SSI is another story but you have to qualify there also.

If you can do any gainful work at all, I would. It keeps your mind off of the pain and if it is not causing you any further injury, it is way better in the long run. After you sit home for awhile you will become bogged down in the pain and the *nothing to do syndrome*. If you do this, and even go out to mow your yard and they find out, you are cut out and then what?

Even Christopher Reeves was working. I am not saying that you should, but it is best. A lot of people go on SS or SSI and end up with more health problems because they were limiting themselves. They eyes of the insurance co and govenment are everywhere when you file for SS or SSI.


 
Old 10-25-2004, 11:34 PM   #7
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Rob61 HB User
Re: Lost... not sure what to do?? SS question.

Hello Jim

I'm in NY and went thu this several years ago, the first thing to do is get a an att that handles ssdi cases. The second is, get ALL medical records and X-Rays, also if your still under a Dr's care see if he can give you whats called a CAPISITIES report (this staes what you can do and for how long) and keep in mind the more documentation you have the less chance they can turn you down.

I know when i whent for my ssdi after they got all my reports, they cancled their Dr's exam.


Hope this helped
Don't let them win

Rob

 
Old 10-26-2004, 10:47 AM   #8
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Jim Campbell HB User
Cool Re: Lost... not sure what to do?? SS question.

Update...
[B]Carol632[/B]... I am no longer under a doctors care because I can not afford health insurance at the present time. I have had every test possible it seems...PT hurt more than helped, I have had 2 MRI's, what seems to be about a million x-rays, 3 epidurals -(did not help), The tests showed that I have, as mentioned before, 2 ruptured discs that are causing the pain and they are not 100% sure why my upper right leg is numb. Besides the numbness when I have used my right leg, ie. walking or standing, it starts to hurt like someone is stabbing me in the leg with a sharp object and if I continue to use it more it feels like a burning pain.
The last Neurosurgeon I went to recommended having two different surgery's to have my back, fusing it in two different locations. They are not sure what to do about my leg.
I should have clarified...I do not want to be labeled disabled. I will not accept that, I plan on working for the rest of my life. I just want the pain to go away and be normal again. This may sound ridiculous because obviously no one wants to be disabled, but I have it in my mind that I am going to get through this no matter what.

[B]Injured Betty[/B]... I should have mentioned I can no longer get the $300. a month now that I'm working...sorry.
You said" [I]Since you worked, you can't go back to WC for more money and WC pretty much pays as much as SS.[/I]
Are you saying that I can collect SS for the time I didn't work ?? (In my case over 2 years)??? I don't mean to sound foolish, I just don't know alot about these things.
Thanks for all your replies...

 
Old 10-26-2004, 12:21 PM   #9
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injured betty HB User
Re: Lost... not sure what to do?? SS question.

Jim,
Sorry is that was unclear. It sounded like you went from a work injury to a bread delivery business. The WC paid you while you were out of work? Why did you leave that job? When you leave a job due to not being able to do it anymore, they should have offered you training in another area. Part of the whole WC package is retraining.

As for SS, I don't know much about it beyond receiving a letter each year from them, standard practice, telling me how much I would receive if I retire and how much I would receive should I become unable to work. I have all of my quarters in, yet it is about $300 per month.

SSI is a whole other story. It is funded differently. I would never qualify for that as we make too much money in our household.

Good luck figuring out the government mess.

 
Old 10-27-2004, 04:58 AM   #10
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Jim Campbell HB User
Question Re: Lost... not sure what to do?? SS question.

Betty...

As of the day I was hurt on the job I was let go...they never returned any of my calls after that and never released any information to WC until they were forced to....great company huh.... forget about retraining, it was never offered to me and I moved out of state. As for being paid by WC they stopped after ten months and said I was fully recovered...(I wish). Finally, after over 2 years my lawyer in AZ got them to pay $300. a month which I was only able to collect for 2 months because I purchased a bread delivery biz. My lawyer is still trying to get them to pay for the two surgeries which will cost 51K and 32K.
I feel like I lose no matter which way I turn, but I'm not giving up (yet).

I'm not quite sure why I'm having this appeal next week with SS, I was under the impression that I would collect benefits for the time I was not working..Does anyone know if this is true...???
Thanks again...

 
Old 10-27-2004, 11:05 AM   #11
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lfoster21 HB User
Wink Re: Lost... not sure what to do?? SS question.

Jim,
If I remember your situation corrctly, you applied for S.S. and were originally turned down. If that is correct I will tell you that is very normal. Depending on your state, some states routinely turn down the 1st and some time more, before accepting your applacation through an appeal. They figure if you are not truely injured, you would not be able to afford not to work and would eventually not appeal and would go back to work. (If you don't work and make it through the time it takes to get through an appeal...you are seen as being serious about not being able to work.) I hope this helps.

Good luck,

Lorie
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Old 10-27-2004, 12:35 PM   #12
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Jim Campbell HB User
Cool Re: Lost... not sure what to do?? SS question.

[QUOTE=lfoster21]
They figure if you are not truely injured, you would not be able to afford not to work and would eventually not appeal and would go back to work. (If you don't work and make it through the time it takes to get through an appeal...you are seen as being serious about not being able to work.)[/QUOTE]

Hmmm... does this mean I will not win my appeal because I went back to work?? I was out of work from May 2001 until August 2004 (yikes thats 3 years, I was thinking it was 2)...
Also what am I appealing ? Am I entitled to SSD for the time I was out of work ? I did a check on this board under " Social Security" and nothing came up....If someone could point me in the right direction I would really appreciate it....Thanks again all

 
Old 10-27-2004, 04:52 PM   #13
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lfoster21 HB User
Wink Re: Lost... not sure what to do?? SS question.

Jim, don't worry yet. There is a reason yur lawyer is going for the appeal. He must think you have a chance for something. Does he get paid only if you win? If so, he must know something is possible. I was on SSDI and I didn't get approved until 12 mo. When I did get approved, they back paid me for the previous year. I was a little different because I still wasn't working...but I don't know if that means anything.

Also, there are a number of threads on SS, under the "disability" topics on this board and you can also go to your states Soc.Sec. website. If you don't know it, search using "social security new york" as the search topic.

I'm really glad you are able to work now. I was on disability for several years but then was slowly able to go back to work. I know what you mean when you say you don't want to be thought of as "disabled".

Good luck,

Lorie
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Old 10-27-2004, 07:33 PM   #14
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lfoster21 HB User
Wink Re: Lost... not sure what to do?? SS question.

Correction: I just did a search for S. Sec. and found that you do not add "new york" to the search topic. Either use Social Security or Social Security online. Either should get you where you need to go for information.

Lorie
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