denial - Disabilities Message Board

blue rainbow · 07-23-2004, 06:40 AM

Good morning everyone. My question is concerning my mother-in-law. In 1996 she was hit by a car in New York and she was out of work for a year.She had surgeory on her knee. She moved to NJ and she did go back to work as an encoder for about a year but things started getting progressively worse. She had a lot of problems with migraines and severe pain in her hands, her neck, her face & her leg. She also suffers from severe highblood pressure and anemia. She filed for SSI in 1998 but was denied and she appealed. Her case was heard but she was denied based on the occupational therapists comments. She got a lawyer but still could not get approved. She then moved to Virginia to live with her daughter because she could not afford her own place without working. She filed again in 2002 in VA and was denied and she appealed. Her SSI doctor gave her an MRI and he says she has arthritis on her spine (A bone is pressing against her nerves-in NY she was never given an MRI). Her SSI doctor also says that she would have a series of operations. The occupational therapist stuck a needle in her arm and her face and it's totally numb And even he couldn't understand why they haven't given her an operation. Since she appealed in 2003 she hasn't been approved or denied. She's only been to the SSI doctor a couple of times.When she called SSI about it they told her that her files had been sent to Phila******a and they were asking her questions about the first time she applied in 1998. They sent her forms just recently for a court hearing. Is there something that my mother-in-law is doing wrong? This is very depressing. Sorry this message is so long but I tried to be as thorough as possible. Thank you in advance for your help.

Kissa · 07-23-2004, 07:54 AM

No, I don't think it's something she is doing wrong, this unfortunately happens alot.
I have one friend in particular who filed many years ago (about 3 or 4) and went through appeal processes and denials many times for sleep apnea primarly and some other things which I dont' recall. One was a lung problem. To make a long story short it turns out his apnea was cancer. He was on his death bed and STILL denied.. it took his lawyer requesting an emergency hearing for him to even be approved.
There are many stories like that of your MIL and it is so sad as there are just as many individuals who do not deserve it but yet get it so quickly.
Sometimes I do think it's in the medical documentation, the more thorough your doctor is the better your chances possibly. Maybe Purplebill can confirm or deny it.
I just know when I had to switch doctors I had a very sloppy doctor and during a review they said I wasn't disabled anymore and sent me to one of their docs who clearly stated "are they nuts you are beyond disabled I don't see the problem here"

go figure..

Keep trying. Does she have a current lawyer? Are they specialized in disability? If not seek out a new one and don't give up

blue rainbow · 07-23-2004, 11:37 AM

Thank you for your help. She doesn't have a lawyer. I will continue to do research and support her.

Kissa · 07-23-2004, 08:13 PM

I would suggest you seek out a laywer, they can't take any of the money until she wins and it taken right out of her check. Now I'm not sure but maybe PB knows if it will be a percentage of what she gets as backpay or a percentage of a laywers assistance going forward.

Either way as PB put it getting 75% of something is much better than 100% of Nothing.

Also just a random thought don't get your hopes up ok, but if they sent her files to Philly chances are they again determined what their answer is, oftentimes when this happens this means it has been approved and the case needs reviewed or in my case my case was denied but when they looked at it in Chicago they went ahead and approved it before we even headed to court. So she may still have a chance here.

If she goes to trial she really should have a lawyer considering all the issues she's had over the past several years.

Good luck

Purplebill · 07-23-2004, 08:19 PM

I would urge you to help your mother-in-law by assisting her in obtaining the services of a competent attorney who specializes in Social Security disability law. There are no attorney fees unless she wins her case and even then they are strictly limited by law, in almost all cases to 25% of the back benefits to a maximum of $5,300.00, whichever is less.

Certainly these cases are very much driven by the state of the medical records from the claimant's treating physicians and psychologists. Kissa is absolutely right, do not give up. But do get appropriate help from someone who has expertise in SSDI/SSI cases.