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Old 07-17-2004, 12:47 PM   #1
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fl cat HB User
Will they look at everything?

My husband has had back problems for many years. It started as a disc heriation and his Dr. advised (in 99) he quit or atleast reduce work hours and physical therapy for stenosis. This did not help. He has been on several differant drug therapys also with little or no relief. He also has seen a chiroprator and had some kind of injection therpy, also without relief. In 2002 he saw 2 specalist. Both thought surgery was only a 50/50 shot. Because he is the sole bread winner he tried to tough it out. In May of this year he had sudden "foot drop" and was admitted to the hospital. The test in the hospital found he has complete loss of the disc space, and severe chronic degenerative disc disease, some calcification and several disc herniations. His pain is so bad he can not sleep or continue working. He has a good work history but it is all in trades that require physical work. He has twice in the last 5 years switched to postions that pay less but are less demanding on his back. He is 40. He also just had to declare bankruptcy due to his continued loss of income. We have a large family (6 kids) and I can only work part time due to injuries from a drunk driver several years ago. His interview is 8/9.
1.Will they take in consideration how hard we have tried to avoid applying over the last 5 years i.e. changing jobs and all the different treatments, or only what the medical file shows.
2.Will getting all his files from the last 5 years myself help. I know they say they will do it, but I think I can do it quicker.
3.Any advice any one would like to give is apprecated.
4.How is the family limit calulated? The paper I have says GENERALLY it's 150 to 180%. Would this amount go up with our size family or is that about the limit?
I know many people get turned down at first. The only person I know that get SS applied 8/03 went to SS dr. in 12/03 and recieved her first check in1/04, so I'm hoping but not expecting to have her luck. She also had extensive records going back several years. Thank every one for thier help.

Last edited by fl cat; 07-17-2004 at 01:30 PM. Reason: Wrong post

 
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Old 07-17-2004, 03:09 PM   #2
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Re: Will they look at everything?

Quote:
Originally Posted by fl cat
My husband has had back problems for many years. It started as a disc heriation and his Dr. advised (in 99) he quit or atleast reduce work hours and physical therapy for stenosis. This did not help. He has been on several differant drug therapys also with little or no relief. He also has seen a chiroprator and had some kind of injection therpy, also without relief. In 2002 he saw 2 specalist. Both thought surgery was only a 50/50 shot. Because he is the sole bread winner he tried to tough it out. In May of this year he had sudden "foot drop" and was admitted to the hospital. The test in the hospital found he has complete loss of the disc space, and severe chronic degenerative disc disease, some calcification and several disc herniations. His pain is so bad he can not sleep or continue working. He has a good work history but it is all in trades that require physical work. He has twice in the last 5 years switched to postions that pay less but are less demanding on his back. He is 40. He also just had to declare bankruptcy due to his continued loss of income. We have a large family (6 kids) and I can only work part time due to injuries from a drunk driver several years ago. His interview is 8/9.
1.Will they take in consideration how hard we have tried to avoid applying over the last 5 years i.e. changing jobs and all the different treatments, or only what the medical file shows.
2.Will getting all his files from the last 5 years myself help. I know they say they will do it, but I think I can do it quicker.
3.Any advice any one would like to give is apprecated.
4.How is the family limit calulated? The paper I have says GENERALLY it's 150 to 180%. Would this amount go up with our size family or is that about the limit?
I know many people get turned down at first. The only person I know that get SS applied 8/03 went to SS dr. in 12/03 and recieved her first check in1/04, so I'm hoping but not expecting to have her luck. She also had extensive records going back several years. Thank every one for thier help.
Apply for ssi, asap. and send a lette to the judge!!! I did, after being denied 2# with what you say a lawyer is just going to dip in your pocket. I truly believe in justice. You can expect delays, but go to the top. Send a letter and cocument everything!!!!! if the reports are genuine and you have proof just keep going. I did. I did not use an atty. I believed, and yes I had the documention so keep on top of it all. Send a letter to expedit the case. I have been and stll waiting for the ck. But I did get a letter of fully favorable. I know I am just for my case. I wish I wasn't but sad to say yes. I am a fighter and will never give up. If you have facts and reports and a background to support than I would go without an atty. I believe if you are truly just you do not need anyone to support you but YOU. They only feed on the uniformed. Speek from the heart and justice will prevail~~~~~~`
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Old 07-17-2004, 04:28 PM   #3
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fl cat HB User
Re: is surgery a option?

Thank You for your reply. We have applied for both SSI and SSD. His interview is on 8/09/04. We have many for his records and I am going to get the rest this week. I am just worried that we tried to stick it out to long, I am not sure how we will manage if it takes to long. We already used up all our savings and credit hoping he would get better or one of the therapies would work. That is why I was wondering if SSA takes any of the other information into account or just the medical. We have 3 MRI's spanning 5 years, and they also did a CT and a Myelogram in the hospital as well as the names, and dates of his nuro, pain managment and ortho consults. As well as when he tried physcial therapy. I just hope we are one of the lucky few that don't get denied the first time.

 
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Old 07-17-2004, 10:58 PM   #4
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Purplebill HB User
Re: is surgery a option?

1. No.

2,. Yes.

3. See Below.

4. If a person recieves $1,000.00 monthly benefit, then the family benefit would be approximately $500.00. If there were 5 dependents they would get $100.00 each. If the disabled person had 10 dependents they would get $50.00 each.

While it may not do any harm to attempt to represent yourself at the initial and possibly at the Reconsideration stages, it is foolhardy to attempt to represent oneself at Hearing. While a few do get lucky, this is a complex area of law that even most attorneys do not attempt representation unless they have specialized in this area. I have too often seen the results of self representation attempts. Too often they are unappealable as they did not know how to preserve issues to argue on appeal. Most claimants cannot articulate a cogent legal theory of their case. Most are unfamiliar with the 5 step Sequential Process that is used to analyze every case. They are also unfamiliar with the application of the Listings as well as the Grids.

When dealing with disability benefits keep in mind that you are potentially talking about the rest of your life. 75% of back benefits usually beats 100% of nothing.

 
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Old 07-18-2004, 10:02 AM   #5
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Re: is surgery a option?

I agree with PB totally, that is some very sound advice especially regarding an attorney and a very wise statement that I've always said as well. 75% is far better than 0!

 
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