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Old 09-08-2011, 07:28 PM   #1
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Fibromyalgia, depression, arthritis and bulging disc

Hello everyone,

I have fibromyalgia, diabetes, arthritis, depression and bulging disc in my neck and back. I applied in April 2011 and they sent me to the ce exam for mental and physcial in sept 2011. The ce exam stated that I am highly depressed. I suffer with great pain every day. I would love to be able to do some of the things I used too. I was wondering how long it my take to get a decision. Can anyone give me a an idea. By the way I have been denied before in 2008, 2009, and 2010 and didn't do an appeal. They said I could do sedative work. I kept trying to work. But after about 2 to 3 month, I had to stop. It would get to the point that I could not even walk. I would have to stay in the bed for 2 to 3 days. I am now at the point that I don't leave the house some times for weeks. I avoid people and can't stand loud sound or light. Can any one give me an idea on what to expect.

Thanks

 
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Old 09-08-2011, 07:36 PM   #2
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Re: Fibromyalgia, depression, arthritis and bulging disc

I don't mean to sound discouraging but even with a CE exam stating that you cannot work, they may not listen. I had a CE exam with the SS psychologist last year who stated specifically in his report that I could not work in any occupation. He diagnosed me with agoraphobia, panic attacks, severe depression, post traumatic stress disorder and eating disorder and was still sent a denial letter 3 months later. I also have severe stomach problems which caused me to lose an extreme amount of weight, 2 bulging discs, and severe migraines. I just had my ALJ hearing in front of a judge who also denied my claim and in the denial he stated that the Social Security psychologist was not credible because he only met with me for 3 hours so he wasn't going to take into consideration his recommendations. Wait a few months to see what happens with yours and if you get denied again get a good lawyer. Make sure to interview a few or else you might get stuck with a worthless loser like I did. Don't give up the fight. The fact that you have tried working over the years and did not succeed only strengthens your case right now. I wish you the best of luck and I hope they do not put you through what they are doing to me right now.

Last edited by joanne23; 09-08-2011 at 08:05 PM.

 
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Old 09-09-2011, 04:06 PM   #3
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Re: Fibromyalgia, depression, arthritis and bulging disc

Quote:
Originally Posted by lilladydi View Post
Hello everyone,

I have fibromyalgia, diabetes, arthritis, depression and bulging disc in my neck and back. I applied in April 2011 and they sent me to the ce exam for mental and physcial in sept 2011. The ce exam stated that I am highly depressed. I suffer with great pain every day. I would love to be able to do some of the things I used too. I was wondering how long it my take to get a decision. Can anyone give me a an idea. By the way I have been denied before in 2008, 2009, and 2010 and didn't do an appeal. They said I could do sedative work. I kept trying to work. But after about 2 to 3 month, I had to stop. It would get to the point that I could not even walk. I would have to stay in the bed for 2 to 3 days. I am now at the point that I don't leave the house some times for weeks. I avoid people and can't stand loud sound or light. Can any one give me an idea on what to expect.

Thanks
Hi there and Welcome to the Boards !
I filed on behalf of my son in April 2011, and he was sent to a CE in September of this year. Just like you. I called the social security 1-800 number this week to see if their was a decision . He was approved. I had called the DDS worker a week after the CE and their was not a decision yet, the DDS worker told me to call on the 17th of Sept. but I called earlier. I am thinking that by the 17th their might be a decision on your claim. how did you know what the CE examiner said about you? when you had previously applied in 08 09 10 did you go all the way up tp the hearing level? Or stop at the first deniel? Did you have the same health issues back then? I hope you will get approved this time. Just keep going with your claim no matter what.

 
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Old 09-10-2011, 02:28 AM   #4
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Re: Fibromyalgia, depression, arthritis and bulging disc

Mscat is correct. Initial denials are common. The most important thing to do is appeal any initial denials. You have your best chance at winning at level 3 (ALJ) hearing esp. if you have a lawyer or SSDI advocate. You must also be careful not to exceed your DLI. Then, you can't even file a SSDI claim even if you become quadriplegic for example.

Last edited by BlueSkies14; 09-10-2011 at 02:30 AM.

 
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Old 09-10-2011, 05:10 AM   #5
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Re: Fibromyalgia, depression, arthritis and bulging disc

Liladyli, Did you get a lawyer to help you when you went before the judge? I would keep appealing but get a lawyer. Joanne23, Hang in there. Things will turn around.

 
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Old 09-10-2011, 05:22 AM   #6
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Re: Fibromyalgia, depression, arthritis and bulging disc

I would hire an attorney asap if you're denied; the process can be a long tedious time; if you miss a step in the paperwork or don't do things exactly right.

The denial rate is so high I wish I had known this back in Jan 2010 when I first filed. I really thought with my case that I had crossed every T and dotted every i; I had tests that proved exactly what was wrong and dr's reports that showed how debilitating my problems are.

I failed to realize even though the SSA rep told me I could work 5 hours weekly (about the amount of time I could sit upright daily w/o fainting) just filling out paperwork to pay for health insurance that it was not allowed and I was denied.

The other thing is; even though my dr's said I couldn't work and my problems were life threatening and wrote in their files all the things that were wrong and how extensive they were; none were willing to get involved with SSA and fill out the paperwork for them.

A very important thing is finding a doctor or doctors who believe you are disabled and are willing to fill out the necessary paperwork not only for SSA but your attorney if needed.

I've said this often - I just don't understand the process and the thinking behind denials/approvals...some get approved who shouldn't - like a distant family member of mine who has no symptoms but lesions on the brain yet can ride, train and break horses yet I can barely walk sometimes

I have 35+ years of recurring fainting episodes and heart problems; but didn't find out it was extremely dangerous and my heart stops to where i needed a pacemaker and defibrillator until I was in my 40's.

even with meds, supports and a pm/icd I still faint and hurt myself falling; Plus; I have a very long grocery list of other things like PTSD, Bipolar, depression, agoraphobia, Osteoarthris, Sleep apnea, Hypothyroidism, L 3, 4 & 5 bulging/herniated, Sacriliotis, DDD in L & T spine. I'm not allowed to drive because my heart stops and I fainted driving, yet I was denied twice.

Here's a sample timeline for me:
First Filing: January 15, 2010
First date of denial: July 9, 2010
Appealed on July 30, 2010, but they said it was lost – I have the fax confirmation
Re-filed/Appealed: January 3, 2011
Second date of denial: February 15, 2011
Appealed: April 5, 2011
Denied: May 10, 2011
Hired an attorney: June 2011
Sent to VSU: August 13, 2011

good luck on getting your approval quickly; hang in there if you're denied and don't give up

Last edited by sickandtired99; 09-10-2011 at 05:24 AM.

 
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Old 09-10-2011, 05:55 AM   #7
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Re: Fibromyalgia, depression, arthritis and bulging disc

I agree with sickandtried99, It did seemed like you sickandtried99, your case should of been done quick but you know its ssa and you never know. Hang in there.

 
Old 09-10-2011, 01:34 PM   #8
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Re: Fibromyalgia, depression, arthritis and bulging disc

The decisions of SS are hard to understand. Take a look at my signature line for all my medical issues and here's my timeline

04/2009 Go out of work due to spine pain and issues. Employer STD begins
10/2009 Employer STD ends, Employer LTD begins. LTD paid to present
06/2010 LTD requires I apply for SSDI
08/2010 Via attorney I apply for SSDI
10/2010 SS sends me to an internal med doctor for CE.
12/2010 SS denies me at initial application. Throws out CE results. Invalid.
01/2011 Via attorney file for reconsideration
06/2011 Reconsideration denied
07/2011 Via attorney file for ALJ. ALJ in 8-16 months (if I'm lucky)

The CE was tossed out by SS as he contradicted himself. On page one he said I couldn't sit, stand, etc, for extended periods of time required for working even light or sedentary jobs. Page 2 he checks the box "NO RESTRICTIONS". SS doesn't go back to that doctor to clear it up, it just gets tossed out as contradictory. SS says I can do my old job (which required flying on day trips 2x/wk) or any sedentary/light job and lay down as needed. Right.....like that exists. And all my doctors have been 100% supportive, provide what is needed, agree I'm totally disabled at 45, but SS doesn't see it that way. Luckily I have my Long Term Disability benefits to get me through. If awarded SSDI it's deducted from LTD. It's important for my LTD claim for me get SSDI. If LTD can pay me less they are more likely to continue my approval.
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Old 09-10-2011, 04:42 PM   #9
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Re: Fibromyalgia, depression, arthritis and bulging disc

Spine,
Since the CE was messed up why doesn't social security send you to a new one? It was not fault of your own or Social Security , so I think they ought to send you back to a CE so DDS can make a fair and accurate decision. Were you able to get the medical records from the CE? I know you can call your DDS worker and ask ? It sucks that you have to wait for a hearing over a technicality. In 6/2010 would you have filed for Social Security if you did not have to? How long can you stay on LTD?

 
Old 09-10-2011, 04:58 PM   #10
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Re: Fibromyalgia, depression, arthritis and bulging disc

I can stay on LTD until age 67 if they determine I continue to meet the definition of disability. Right now they do a full claim review every 6 mo and I hope to get that eventually to annually. I have an attorney so I don't contact SSDI directly and don't know who my SS contact would be. I leave all contact and action to the attorney (I'm in AZ but atty is in Boston MA). The attorney said that when a CE report is judged to be "invalid" for this cause or an other they don't re-do the exam. However since I was later denied it could happen now before ALJ. I prefer it does not as the exam was with an internal medicine doctor and lasted 10 minutes. I fear another spine surgeon would disagree with my doctor who has strongly advocated for the fact I'm disabled. And I've never seen someone mention getting to a Spine Surgery specialist on CE.

Right now we don't want to have the ALJ hearing too soon as I'm having knee replacement 9/28. SS tends to see it as "she'll be fine when she heals" mentality so we want them to consider it after this surgery when I can show I'm still disabled even with a new knee.
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C5-C7 foraminotomy 08

Last edited by SpineAZ; 09-10-2011 at 05:08 PM.

 
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Old 09-11-2011, 12:00 PM   #11
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Re: Fibromyalgia, depression, arthritis and bulging disc

Here is my next dumb question of the week:

I have read about those who are denied and those who are approved & they have mentioned 'fully favorable'.

Is there such a thing as 'partially favorable'? What is the differences between FF and PF or whatever the other term/s would be? Can you get an approved without benefits/money?

How is this determined and what is it that you do not get? Or is it that this pertains for permanent vs temporary disability (12+months)?

 
Old 09-11-2011, 12:14 PM   #12
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Re: Fibromyalgia, depression, arthritis and bulging disc

Partially favorable type approvals do happen. It may mean that SS doesn't agree.with the stated date of disability. For example I have applied with an April 2009 disability date and had spine surgery February 2010. If SS were to find that they didn't find me disabled until Feb 2010 and agreed I was disabled from that point forward then it wouldn't be fully favorable as it was outside the date I claimed. Partially favorable decisions can be appealed
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C5-C7 foraminotomy 08

 
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Old 09-11-2011, 04:54 PM   #13
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Re: Fibromyalgia, depression, arthritis and bulging disc

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Originally Posted by SpineAZ View Post
Partially favorable type approvals do happen. It may mean that SS doesn't agree.with the stated date of disability. For example I have applied with an April 2009 disability date and had spine surgery February 2010. If SS were to find that they didn't find me disabled until Feb 2010 and agreed I was disabled from that point forward then it wouldn't be fully favorable as it was outside the date I claimed. Partially favorable decisions can be appealed
When I got my approval letter social security moved my date of onset to a year later. It did not say a partial approval at all, they just did it. I think i could of still appealed the decision , but I was just happy to get approved and left it alone. Unfortunately when this happens you can lose some of your backpay .

 
Old 09-11-2011, 04:59 PM   #14
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Re: Fibromyalgia, depression, arthritis and bulging disc

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Originally Posted by mscat40 View Post
When I got my approval letter social security moved my date of onset to a year later. It did not say a partial approval at all, they just did it. I think i could of still appealed the decision , but I was just happy to get approved and left it alone. Unfortunately when this happens you can lose some of your backpay .
If SS did this, then you received a partially favorable decision as Spine stated even tho they might not have explicitly stated this in the approval letter .

 
Old 09-12-2011, 04:15 PM   #15
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Re: Fibromyalgia, depression, arthritis and bulging disc

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Originally Posted by BlueSkies14 View Post
If SS did this, then you received a partially favorable decision as Spine stated even tho they might not have explicitly stated this in the approval letter .
I now know that it was , thanks Blueskies

 
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