Ok well I just got my denial letter from SS today, this is my first time around...Bummed about this decision as my RA is only getting worse and I really feel like I should have been approved... I've got 60 days to appeal.. Should I get a lawyer now? what is the best way of getting one? What do I do now....sigh
The following 6 users give hugs of support to: rydr301 jgrangran (08-25-2011), mscat40 (09-14-2011), sunni123 (08-24-2011), VintageKym (10-21-2011), Wade (10-19-2011)
I'm sorry about your denial. Even when you're kind of expecting it, it can really upset you. I think the best thing you can do at this point is to obtain an attorney or disability advocate ~ that ONLY handles disability. Some attorneys take disability cases, but also handle other legal matters as well. I have heard people on here using Allsup, and have been very happy with their services. Myself, I found a local attorney. Good luck, whatever you do, don't give up.
Hi, sorry to hear about your denial.I also felt I wouldn't be denied either.Whatever direction you choose to go, proceeding forward. Waste no time working on your appeal. There is time for finding a lawyer or, pursuing it on your own. With a lawyer, you have a better chance of getting approved quicker. But there is also a fee involved naturally. I knew I had a good case and proceeded alone.
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Hang in there and, best to you in your endeavors. (approved 1/23/11)
Last edited by Administrator; 03-07-2013 at 10:21 AM.
HDrydr- was this a denial at the initial application level or at reconsideration level?? most ssdi attornies will not take a claim unless it has been denied at reconsideration level.. if this is the case, then by all means i suggest hiring an attorney...
is ra the only health issue you have and reported on your initial claim??
sorry to hear of your denial...
Actually many attorneys/advocates will take the claim after initial denial. Some of the good national firms are Allsup and Binder&Binder. You can easily find their information via research. You can also use a local firm if you find they ONLY do disability law and are reputable. Recently I've seen a big accident law firm here in AZ promoting themselves as a resource for SS appeals. Bad move for anyone who contacts them as it's not their focus of practice. Contact an attorney/disability advocate firm ASAP.
msgenerallee brings up a good point. Be sure to appeal with any and all conditions you have that limit you in any way. For example, I have a slight hearing loss (bilateral) and we've included it in the initial app and appeals. It wasn't the cause of me being unable to work, however it affects what I can do (I can't work in a call center, noisy environment or quiet work place where I'd repeatedly be saying "what?" when people talked to me).
sorry to hear about your denial; I would find an attorney or firm who handles ssdi cases right away since it may be a long process to go still.
I don't I'm over my first denial still and that was over a year ago. how some get approved quickly while others get denied who have similar cases or worse baffles me sometimes; but it happens all too often.
hang in there and stay strong; make sure you keep all of your deadlines and filing dates and keep us updated on what's going on with you
HDrydr, I'm sorry about your denial, Hang in there I would get a lawyer like others had said I think the key is get a lawyer that only deals with ssa cases. You need to let the lawyer worry about things and they only get paid if they win. Make sure you do your part but knowing they are working to help you win is a big help it can't hurt yes you will have to share your back pay but you may not even get it unless you have a lawyer anyway. Its not a given that you will win but it increases the odds. there are so many people fiing give yourself the best chance to win. everyone on this board will be pulling for you keep comming back there is a good of good advice on this board good luck and best wishes for you as you make this choice.
I don't I'm over my first denial still and that was over a year ago. how some get approved quickly while others get denied who have similar cases or worse baffles me sometimes; but it happens all too often.
This baffles me too. Just like you have a better chance depending on the ALJ @ level 3 sometimes, I think some of the early approvals depend on the SS adjudicator who decides your claim at levels 1 and 2. Two ppl with pretty much the same disability scenarios>>>>>one gets approved at level one, yet the other has to go to level 3. What accounts for some of these differences? I think the human factor plays a huge part even tho SS has a very strict process of determining whether you meet their def of total disability.
I am so sorry to hear you got a denial letter. Even if you are expecting to be denied, it still hurts. As others have said, it might be time to get an attorney. I had one from the very beginning.
You must stay strong and not give up. I was denied 5 times over 2 1/2 years before getting approved. Hang in there, and keep appealing!
Thank you everyone!! I will be appealing that's for sure...I'm not giving up. It is very agitating to think they can judge someones disease with only 1 Dr that doesn't know me!! I was there all of 20 min!!
I know there are soo many people filing which makes it really hard. Of those filing how many are for real?
I'll have to call my LTD guy and fill him in that I got denied this first go around, I know he had a name of attorneys that they've used...
Thank goodness I have my LTD!!! As my RA has gotten worse and my meds have been increased.. ok well my hands hurt now so ......I'll keep everyone posted again thanks for the quick responses they have been helpful..
SINCE you have LTD, provide them your LTD denial letter and ask them for a referral to the attorney/disability advocate firm of their choice That's the BEST way to go. And, by doing so, the firm you use can get direct access to your LTD records. It's a great way to pursue SSDI as you sign a release that allows LTD to share info with atty/advocate firm .
I am using a SS law group in Boston my LTD referred me to. The free exchange of information between LTD and the atty firm is great.
Thank you everyone!! I will be appealing that's for sure...I'm not giving up. It is very agitating to think they can judge someones disease with only 1 Dr that doesn't know me!! I was there all of 20 min!!
I know there are soo many people filing which makes it really hard. Of those filing how many are for real?
I'll have to call my LTD guy and fill him in that I got denied this first go around, I know he had a name of attorneys that they've used...
Thank goodness I have my LTD!!! As my RA has gotten worse and my meds have been increased.. ok well my hands hurt now so ......I'll keep everyone posted again thanks for the quick responses they have been helpful..
Many LTD companies use Allsup. I initiated the SSDI process with Allsup and told them about my LTD before even talking to my LTD carrier. They contacted my LTD, then came back and told me my LTD carrier would credit their representation fee. They told me my LTD carrier refers many clients to them. Chances are, your LTD carrier uses Allsup. Even if they do not, most will give you a green light to use them and pay the fee they charge from the overpayment (backpay) you pay back to them. Allsup is a national SSDI disability advocate firm. SSDI is all they do. They are not considered lawyers but I was told they do have lawyers who work for/with them and many of their current employees are ex SSA employees just like the founder, Jim Allsup. They will do everything and make the process as stress free as possible. They got me approved in 20 months with an OTR decision. I did not have to appear before an ALJ.
Try not to let the initial SSDI denials bother you too much HDrydr. Most ppl are denied at levels 1 (application) and 2 (reconsideration). I was denied at these two levels also but did win at level 3. Remember, appeal any adverse initial decisions and keep going forward.
There are quite a few SS law groups or disability advocates used by different LTD insruance companies. It depends on who they decide to use as preferred. So I'd say there's a good 10-15 "regular" groups out there used by the various disability insurance providers. I've worked at companies that had Allsup as preferred and other companies that used different firms.
There are quite a few SS law groups or disability advocates used by different LTD insruance companies. It depends on who they decide to use as preferred. So I'd say there's a good 10-15 "regular" groups out there used by the various disability insurance providers. I've worked at companies that had Allsup as preferred and other companies that used different firms.
Question Spine? Suppose you have LTD and want to go with the local attorney for SSDI. Will your LTD carrier in most cases still credit the lawyer's fee (perhaps part of it) if he/she gets you approved or must you use someone your carrier approves of?
For example>>>>
1. Local attorney gets you approved.
2. Backpay = $30K
3. Local attorney gets $6K
4. You owe $20K back to carrier.
How much do you get to keep? If the carrier credits the lawyer's fee, you get $10K. If not, that only leaves you $4K. What happens if you owe the majority back except the min amount the carrier has to pay X the # of backpay months? Since SS will pay the lawyer 1st, surely you don't end up owing the LTD carrier out of pocket <LMAO>
Is this even possible? SS sends lawyer his $6K. SS sends you $24K. LTD carrier says you owe them $28K based on the $30K (total backpay amount) but you only have $24K. Will they w/o LTD payments until the $4K is PIF?
LMAO!
If you have LTD it's your policy provision of Credit for Attorney Fees that governs the process, not which atty/advocate you choose. Every LTD ins co allows free choice to use the atty/advocate they recommend or choose your own. The major benefit of using the LTD ins co's preferred SS firm is the free exchange of info (due to you signing authorization for release) between LTD ins co and SS firm.
Spine, is it more likely the LTD carrier will drop you if you are denied SSDI at level 3? If you are denied at this level, are you then required by the carrier to reapply? Some ppl start a new application while still appealing the initial one like Gayle and some others here.
My LTD started 10/2009 and my major lumbar spine surgery was 02/2010. 6 mo after, when surgeon said my spine issues were extensive and permanent, that's when LTD mandated SSDI application. If it has appeared return to work ability was imminent then LTD would have waited a bit.
When LTD is paying a low benefit due to SSDI offset the LTD ins co is less likely to put time/effort into claim analysis. I had many claims where we were paying less than $500/mo due to SSDI. If all he medical info showed enough of a permanent impairment we wouldn't put time and money into claim review.
HOWEVER , any claim where there is potential fraud or proof of significant improvement potentially resulting in RTW (return to work) ability then the claim got a close look.
Along the same lines, if LTD is $10,000/mo and SSDI is $2400/mo many would think LTD would be trying to close the claim. But, for example, if there was brain injury with permanent impairments it didn't matter we were paying out a high net LTD benefit.
I also saw young people perhaps working as accountants or in sales for 18 mo making over $50,000/yr. But denied SSDI as not enough credits for SSDI. It didn't matter if the person was disabled (often they may have a 5-10 yr work history but limited income as part time college jobs that weren't consistent and/or not enough to earn SS credits.
My LTD started 10/2009 and my major lumbar spine surgery was 02/2010. 6 mo after, when surgeon said my spine issues were extensive and permanent, that's when LTD mandated SSDI application. If it has appeared return to work ability was imminent then LTD would have waited a bit.
When LTD is paying a low benefit due to SSDI offset the LTD ins co is less likely to put time/effort into claim analysis. I had many claims where we were paying less than $500/mo due to SSDI. If all he medical info showed enough of a permanent impairment we wouldn't put time and money into claim review.
HOWEVER , any claim where there is potential fraud or proof of significant improvement potentially resulting in RTW (return to work) ability then the claim got a close look.
Along the same lines, if LTD is $10,000/mo and SSDI is $2400/mo many would think LTD would be trying to close the claim. But, for example, if there was brain injury with permanent impairments it didn't matter we were paying out a high net LTD benefit.
I also saw young people perhaps working as accountants or in sales for 18 mo making over $50,000/yr. But denied SSDI as not enough credits for SSDI. It didn't matter if the person was disabled (often they may have a 5-10 yr work history but limited income as part time college jobs that weren't consistent and/or not enough to earn SS credits.
All makes sense Spine. I never thought about younger ppl who might not even qualify for SSDI. You'd think that all LTD claims with a hefty payout would always be under close analysis but it depends a lot on the disability I suppose. If you are approved for any occ, does your claim then get reviewed yearly or perhaps they start reviewing you a little more? Which is it usually after 2 years and you have been approved for SSDI?
