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Old 10-03-2006, 09:59 PM   #1
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Denied first time applying

My husband was denied after applying for SSI disability the first time he applied.
We have spoken to a couple of attorneys and they both said almost everyone gets denied the first time around.
He applied on the facts that he has bipolar disorder, when he's driving he sometimes spaces out and even forgets he's driving (what is that from?), he is ADD, has depression, he is 30 percent totally permanently disabled from a back injury he suffered about 5 years ago on an on the job injury. The insurance company in the workers comp suit in the settlement agreed to pay for his schooling for vocational rehabilitation. The school ended up being a joke, it was a private school, not a public college and the teacher spent most of the time of class on his cell phone talking to his girlfriend so my husband didn't finish the school. Now he is getting collections letters from financial aid trying to collect almost $5000 for his student loans. The financial aid people say they have no record of the insurance company ever agreeing to pay for his schooling so we don't know where to go from here on that part. Can we contact the insurance company who handled the workers comp case and have them settle this or is that a losing battle almost 5 or so years later to even try?
But does my husband even have a chance of winning with SSI based on his disabilities?
He is 33 years old. He hasn't worked in over 2 years now because of his disabilities he is unable to hold down a job. He says he gets angry too at work over stupid reasons and blanks out when he is angry too which is not good.
Is it time for an attorney?

 
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Old 10-04-2006, 12:28 AM   #2
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Re: Denied first time applying

I was denied 18 months ago. Two years ago I spent the last of my state disability money. So I was denied anymore money. So I got an attorney and filed for ssi. I was denied in april of 2005. They said that I was able to go back to work. April 4th 2005 I had a 360degree three level spinal fusion. So I was really upset that they could say that I was able to work when I was in the hospital recovering from surgery. My dr had told me not to go back to work for atleast 1 year. Anyway, Sept 2005 we filed appeals. Sept 2006 I received a letter from ssi that a appeals hearing was going to take place. Today I'm working part time, only because after 2 years we need the money. I just got back yesterday from my neuro surgeon and he told me that I'm going to need another surgery soon. So I will not be able to work now. Anyway, I hear sometimes it could take up to 2 or maybe 3 years to get a settlement. A attorney can help, as long as you get the right one. I'm not sure I have the right one, but I think after a year and half it might be too late. I stay on him. See what happens.
It's hard when you know you can't work, but sometimes you have to just to survive.

Best of luck

TIm

 
Old 10-04-2006, 07:19 AM   #3
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Re: Denied first time applying

Hamilton,just wondering if your hubby has seen a neuro doc about his possible brain issues.what meds is he on and how did they come up with the bi polar Dx on him?it does sound just from what you have mentioned here as his symptoms that their may be more going on in his brain than just a bi polar disorder.could you elaborate on his neuro issues a bit more?Marcia
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Old 10-04-2006, 11:24 AM   #4
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Re: Denied first time applying

Personally, I think it's just a way for Social Security to "weed out" applicants-- unless you're blind, you will most likely be denied... By the time the final dstage comes about (the Hearing before an ALJ), the "pool" is down to a more manageable number, and more than half of those people who stuck it out get approved. Or so I've heard! I'm in the waiting period for my hearing to be scheduled, so I hope that's accurate...

I've still got a few months before there is even a possibility of getting before a judge (in my state, the wait is 12-18 months and there's not much you can do about hurrying it up).

 
Old 10-04-2006, 06:03 PM   #5
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Re: Denied first time applying

Quote:
Is it time for an attorney?
Yes.

Hamilton92, I noticed not once did you mention if your husband is *currently* seeing a doctor on a *regular* basis.
Could be a reason why he was initially denied. If your husband is not currently actively treating, I would advise that he do so ASAP & also seek an attorny who specializes in Social Security Disabilty cases only.

Good luck!

 
Old 10-04-2006, 06:39 PM   #6
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Re: Denied first time applying

He currently goes to a based on income clinic called Family and Childrens Services for his mental conditions to get medication and counseling from a doctor and a counselor. Our income is so low right now with just me working for barely above minimum wage that it is free.
We don't have insurance and we are in a lot of financial trouble right now so its out of the question for him to go to the doctor right now. We can't afford the office visit just to see the doctor which is $65. Plus if they run any tests or bloodwork it will be more.
I have my own medical conditions, digestive, gallbladder problems that I am having my own problems with too that I can't even go to a doctor either.
He hasn't been able to work for about 2 years now and we've got to do something. I told him now is the time to get serious if he is going to try to collect social security.

 
Old 10-10-2006, 11:22 PM   #7
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Re: Denied first time applying

You have to remember that it is not the "diagnosis" that is considered a disability. It is concerned a disability if the diagnosis disables you...

If your husbands conditions prevent him from even doing a sit down sedentary job, he may be considered disabled. Keep fighting it and appeal until you get a hearing before an ALJ...You won't have to pay an attorney even if you don't win because they only get paid if you win and it's taken directly from your backpay...

It will take atlease 2 to 3 years, but just think if you don't file, that 2 to 3 years will pass by anyway so appeal, appeal, appeal...

Yes, most people who make it before the ALJ do get approved...Chances are better before the ALJ...don't know why, the %gences seem to fall that way...

Keep detailed copies of all medical records, never expect the SSA to do it for you...Keep ALL copies of everything you send to the SSA, they trend to lose things or say they never even got it....Keep detailed records period!

Hang in there, your hearing will be here before you know it and your husband will have a chance on getting his benefits...Good luck...Oh, by the way it took me 4 years and I was finally approved...

 
Old 07-12-2011, 12:02 AM   #8
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Re: Denied first time applying

I was denied the first time I applied for SSD last June 2004. I never cared to appeal because I know they will just deny me again. 2 years ago SSD approved the law that all patient with IPF or Idiopathic Pulmonary Fibrosis cannot be denied when they apply for permanent disability, so last February 2011 I re-applied again after SSD got all my medical records they approved my applications four weeks after I applied. Meanwhile since they denied my 7years ago I need to go back to work because I need to survive, but all the 7 years that i work may be 50% of it I was on disability because I was so sick.. I was placed for a double lung transplant list and waiting for a donor.

 
Old 07-12-2011, 11:52 AM   #9
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Re: Denied first time applying

If he has a work history he likely was applying for SSDI. If he has not been working for a long time (years) then he'd be applying for SSI. SSI is based on medical and financial need. SSDI is based on your earnings history and medical.

I think the initial application denial rate is around 96%. I applied, was denied, then atty filed reconsideration, then that was denied and now waiting for ALJ.

I contacted the local AZ senators and congressman and only the office of Rep Ben Quayle responded, had me sign a form authorizing they can inquire, and said they will do an inquiry. I'll be contacting his office again at the end of July to see if they've been able to make any inquiry.
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Last edited by SpineAZ; 07-12-2011 at 11:52 AM.

 
Old 07-12-2011, 01:33 PM   #10
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Re: Denied first time applying

96% is overwhelmingly high. Spine, is this for both SSI and SSDI? What I learned was that the initial aplication is high, however the reconsideration stage is even higher. That is why their is so many people waiting to be heard at the judge's level, and your chances of approval are greater once it hits this stage.

 
Old 07-12-2011, 02:52 PM   #11
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Re: Denied first time applying

I don't know if that applies to both. It was a statistic I saw on a reputable website recently..
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Old 07-12-2011, 04:17 PM   #12
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Re: Denied first time applying

Quote:
Originally Posted by mscat40 View Post
96% is overwhelmingly high. Spine, is this for both SSI and SSDI? What I learned was that the initial aplication is high, however the reconsideration stage is even higher. That is why their is so many people waiting to be heard at the judge's level, and your chances of approval are greater once it hits this stage.
yes your chances of winning when seeing the alj go up but from what i heard that the alj are starting to get picky on who they approve ever since that alj in Virginia got busted for approving everyone of his cases. Now the SSA is watching them a little more closely. look at what happened to some of the people on here the alj did not even look at there medical records and one judge got into a verbal dispute with his own ve she said there was no jobs that this woman could do but the judge said yes there was and he denied her ssdi.

 
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