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Old 01-22-2009, 01:01 PM   #1
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Letter of Denial

OK...today I received my second denial from SS. They state even though I still continue to have pain following my surgery I should be able to stand, sit and move well enough to work. Yeah...I can only sit for 10-15 minutes before I can't stand the pain...they mention my depression but say I'm not mental and should be able to work. And then they have the audacity to say although I can not do any of the kind of work I have done in the past 15 years there are other kind of work out there I should be able to do.

OK since I can not sit or stand for long periods of time what job is out there???

I guess I will continue to appeal....Marie

 
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Old 01-22-2009, 03:27 PM   #2
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Re: Letter of Denial

Hi Marie,

Yes, you must appeal. After reading so many posts, it seems like getting denied twice and then winning at the hearing seems to be the norm. They sent me the same type of letter (must be a form letter ) saying there should be some type of work I could do.

So hang in there, and appeal!

 
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Old 01-22-2009, 10:17 PM   #3
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Re: Letter of Denial

I suggest getting a copy of your file from them and seeing what is accually in it. They maybe missing info from your Dr's saying you can not work ect...
Cindy

 
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Old 01-23-2009, 08:33 AM   #4
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Re: Letter of Denial

Yeah, I agree it seems to be the norm, reject your claim twice then it goes to ALJ hearing. Most cases are approved there, mine was. Hang in there. Get a SSD lawyer and do not give up. I went through the same,took 6 years and I just got approved.
Take care and be well.

 
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Old 01-23-2009, 09:08 AM   #5
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Re: Letter of Denial

Hi Marie,
I'm sorry you got that letter. You know it's the norm, though. I got my first denial with the statement that 'although you cannot sit for lengths of time, you can still walk and move about.' I was very irritated, as I had made it clear in the first application that I could not walk around or stand for lengths of time either. The second denial acknowledged that I could not sit for lengths of time, stand or walk around for lengths of time, but that my arms and hands still worked! HUH??? They failed to explain to me how my arms and hands could go to work without the rest of me!!! And they said I could be a nut sorter.

As you know, I appealed and the hearing took only 3 minutes. Clearly, SS is designed to make you give up. At the first two levels, they're only looking for reasons to deny you, not reasons to approve you. The judge's job is to make sure those who deserve it do get it.

Now's the time to get a good lawyer or personal advocate. I had an advocate, and she was wonderful!

Don't give up, and don't take the denial letter personally. It really has nothing to do with YOU! It's the sad way the system works. Appeal without any delay. The faster you get things in, the faster they'll move along.

I hope you get it on the reconsideration phase. Some do. Maybe you'll be the disability lottery winner that day!

Hang in there, sweetie. I know you've been through a lot, very similar to me. You'll have to fight for this, but you'll get it.

Emily

 
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Old 01-23-2009, 10:54 AM   #6
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Re: Letter of Denial

Emily thanks for the words of encouragement. Yes they just send those letters out to upset you more..like telling me I can do some type of job.....a nut sorter...I like that one LOL. I do have a lawyer who has been helping me, I guess next is going before the judge. I just hope my experience with the judge is as painless as yours was...I will keep you posted..thanks Marie

 
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Old 01-23-2009, 11:21 AM   #7
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Re: Letter of Denial

I just had to laugh at the 'nut sorter' job. My attorney told me one of his clients was told he could get a job as a 'napkin folder'. Me? They told me I could get a job as a DJ.

 
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Old 01-23-2009, 02:52 PM   #8
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Re: Letter of Denial

A DJ? What a hoot!

The judge was actually very nice. After we were done, he smiled at me and said, "Now that wasn't so bad, was it?" I must have looked really nervous.

Emily

 
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Old 01-23-2009, 03:05 PM   #9
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Re: Letter of Denial

As stated all above do not give up, Appeal. You will be approved.
I was denied all the way up to the ALJ (This one denies just about everyone, I was told), then I was denied again by him. I had been waiting for 4 years, unable to work at all. I couldn't even drive because of all the pain medications I was on (Fentenal, Morphine, Tezanadine, Nurotin), and they said I could work sales. I guess they figured it was OK to drive Under the Influence.
I had to re-apply all over from the begining now, That really hit hard, but I did not have a choice. I was awarded fully favorable on the first try this time, and will get about a years worth of back pay. But the hard part to swallow was the fact I lost a lot of back pay because of them. But with that said, I think my lawyer had a lot to do with it.
Do Not Give Up, Appeal every time untill you are approved. You will get it..

Good Luck,
Emmett

 
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