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SSDI Denied

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Old 01-10-2009, 09:58 AM   #1
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SSDI Denied

Well I bit the bullet and applied for SSDI....I received my denial letter in the mail yesterday and didn't realize how disappointed I would be. Should I appeal?? Do I even stand a chance?? My denial letter stated that my condition is severe but not expected to last 12 months.

I fell on Aug. 20, 08 and suffered an unstable burst fracture to my t12 and a compression fracture to my l2, I had surgery the next day and have fusion of t10 thru l2 with two rods, two sliders, two cages, and eight screws. I still cannot sleep at night and have horrible pain in my hips and down my legs.

When I fell I only fell on a step...I didn't fall down the steps..the doctors stated that my injuries were that of someone who had been in a horrible auto accident. I have also found out that I have osteoporosis of the hip and spine, but the doctors have yet to find a reason why.

Do I qualify?? Should I keep trying??

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Old 01-10-2009, 11:39 AM   #2
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Re: SSDI Denied

Yes, yes yes! You must appeal!

If you read the older posts in this forum, you will find that most are denied the first time. Getting denied twice, then winning at the hearing seems to be norm.

You must not give up ..... that is what they want.

Old 01-10-2009, 11:54 PM   #3
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Re: SSDI Denied

Yes, definitely appeal! And be sure to meet any deadlines that are mentioned in the letter. Also keep up with any new or updated information from your doctors regarding your condition. At some point you will have the opportunity to add that information to your case.

Old 01-11-2009, 08:28 AM   #4
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Re: SSDI Denied

Hi sorry to hear of your denial. To be honest with you, most applicants get denied the first round of the application process, very few get approved right away. If I were you I would go to the next step and appeal it, i believe it is called a reconsideration. Unless thats where they denied you,in that case I would get a Disability lawyer and appeal it. Moat lawyers will not charge you unless you win, and the lawyer will review your case and let you know if you have a chance on winning. A lot of getting SSI and or SSD also depends on your age as well.
Do not get discourage, you have to do what you need to do if you can't work anymore. I finally won my case, it took 3 appeals at the hearing level.and a long 6 years.

So good luck to you, and be well.

Old 01-11-2009, 07:26 PM   #5
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Re: SSDI Denied

I think you should definitely appeal your case. It's not uncommon at all for people to be denied the first time they apply. I have written on these boards before, I feel a lot depends on your age at the time you apply and also the written report your doctor(s) fill out and send in to Social Security.

I was approved on the first try, but I was 58 years old and my doctor urged me to go for disability, and he wrote a very favorable report on my behalf. I also had my Pulmonary doctor write a good report for me too. I was approved five months after my application and interview by the local Social Security person did my intake interview. When I received notification in the mail (I was called by the local agent several days prior telling me I had been approved), they told me what my monthly check would be, when it would be deposited in my checking account and the fact I would possibly be reviewed in five to seven years. In February '09 will be five years I have been receiving benefits, so I wonder if I will be reviewed or not. Some people, again age enters into it, are not reviewed at all.

In your case, go for it. Especially since the injury prohibits you from working. One more thing not necessarily for you, but maybe others applying for the first time, is that you really don't need at hire an attorney on the initial phase of applying for benefits. There's nothing they can do, you can't easily do yourself. If you do get denied on your first attempt then consider contacting an attorney. Someone that specializes in SSD and Workman's Comp cases, but stay clear of those who advertise on TV. I worked in television for almost 40 years, and those lawyers who ran commercials on TV (when it was approved by the FCC in the 1970's) were referred to as "ambulance chasers" by the folks in the business. Good luck to you.

Last edited by RetiredDirector; 02-24-2009 at 07:49 PM.

Old 01-12-2009, 11:07 AM   #6
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Re: SSDI Denied

Yes yes definitely apply again. And do it with in the time frame. I filled in 2005 and was turned down all the way to the ALJ and my appeals is still pending in Falls church VA. I went and applied all over again on my own while I am awaiting the other and was approved the first time. Good Luck to you and get your dr s support.

Old 01-15-2009, 02:06 PM   #7
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Re: SSDI Denied

As you have heard already.. Yes, Appeal every time you get denied. I was just approved my Disabiliey, I was denied all the up to the ALJ Hearing and even after that. I had to re apply, and then I was approved the first time out.
Be sure you see your Dr.s on a regular basis, make sure they write favorable notes on your disability to SS. You need your DR.s on your side for sure.
On another note, if you do not have a Pain Management Dr. I would suggest you get one. He or She will be able to help you quite a bit with your pain.
Good Luck, and do not give up.

God Bless,

Old 01-16-2009, 09:59 AM   #8
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Re: SSDI Denied

I am still waiting on my appeal at falls church. I read your post did u get denied even at that point and how long did it take? I filed a new one after ALJ denied me and got ssdi. Any help greatly appreciated

Old 01-19-2009, 09:31 AM   #9
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Re: SSDI Denied

Yes, you should appeal!

Appeal until you are face-to-face with the Administrative Law Judge (ALJ). I quit after my first denial in Summer 2003, but by June 2005 I was in such poor shape I HAD to try again. I got a lawyer that time and we just kept appealing until I saw a judge (applied, got first denial, then applied for Reconsideration, denied again, THEN I applied to see a judge). It's easier to deal with when you have a lawyer. You're diverting the stress? And what's 25% of the lump sum when you really had nothing before??

Anyway. That's when I got it. It was August 2007.

Old 02-20-2009, 08:12 AM   #10
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Re: SSDI Denied

Actually I was approved in early July and received my first check in August... 2007

Old 02-21-2009, 02:12 AM   #11
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Re: SSDI Denied

Yes, go to the next step. You do need to do it within the time restrictions . What DDS is going to look for is new medical docuementation to support your case .Go back to your doctors and see how long it will take you to fully recover. This is the reason why you were denied, which is very common the first time. They want people to give up and not appeal. Get any and all new evidence to support your claim.

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