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Old 09-27-2011, 08:23 PM   #1
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Question First time denied...Now what ?

Okay hubby got his letter stating that his current heart condition was not bad enough to be considered disabled. However after reading the letter we found that SS had not received all of the reports from the doctors and hospital. They didn't even have the report for when he had his ICD surgery. We do have an attorney but, should we get copies of his medical records to review with the attorney to make sure all the information is avaliable ? Also how long does it take for the first appeal, the first claim only took about 6 months is that standard or will this second claim take longer ?
Hugs
Elizabeth

 
Old 09-27-2011, 08:58 PM   #2
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Re: First time denied...Now what ?

Quote:
Originally Posted by kek5772 View Post
Okay hubby got his letter stating that his current heart condition was not bad enough to be considered disabled. However after reading the letter we found that SS had not received all of the reports from the doctors and hospital. They didn't even have the report for when he had his ICD surgery. We do have an attorney but, should we get copies of his medical records to review with the attorney to make sure all the information is avaliable ? Also how long does it take for the first appeal, the first claim only took about 6 months is that standard or will this second claim take longer ?
Hugs
Elizabeth
I am sorry your husband was denied Yes, you can obtain the medical records yourself and make copies of them. That way you know for sure everything was sent properly. I think that some of the missing records could have made a impact on the decision . It is not uncommon for a claim to be denied twice . Their is a higher approval rate at the ALJ/hearing level which is the 3rd level. Your on the reconsideration stage and have a couple months to appeal. At the reconsideration stage your claim will be look at by someone else and any new medical evidence will be considered , so that should help your husbands claim.5-6 months is the standard amount of time a initial decision takes. their is a 5 month wait time before any benefits are paid . The reconsideration stage should not take too long . Keep going to the appeals process until their is a approval.

 
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Old 09-27-2011, 09:32 PM   #3
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Re: First time denied...Now what ?

Im on the reconsideration phase right now with a lawyer. My lawyers sent the appeal July 1st and I havent heard anything yet :/ Ill write when I do! Good luck!
My friend was approved at the appeal level and it took her over 6 months. They said there is not time limit.

 
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Old 09-28-2011, 06:47 AM   #4
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Re: First time denied...Now what ?

Quote:
Originally Posted by kek5772 View Post
Okay hubby got his letter stating that his current heart condition was not bad enough to be considered disabled. However after reading the letter we found that SS had not received all of the reports from the doctors and hospital. They didn't even have the report for when he had his ICD surgery. We do have an attorney but, should we get copies of his medical records to review with the attorney to make sure all the information is avaliable ? Also how long does it take for the first appeal, the first claim only took about 6 months is that standard or will this second claim take longer ?
Hugs
Elizabeth
Def get copies of all of his records and files from doctors just in case. If your attorney doesn't send the records don't hesitate to send them to SSA quickly.
It's not surprising they don't think his condition is "disabling".

I've been denied twice and told mine wasn't either even though I have current medical evidence from a large local hospital that shows my ICD misfires and my malignant arrhythmia's have stopped my heart 3 times recently - fainted from them hit my head suffered a concussion, contusion and a sprained neck - I meet the listing under recurring syncope and malignant arrhythmia's (had them both 35+ years).

Here's my timeline:
First Filing: January 15, 2010
First date of denial: July 8, 2010
Appealed: July 30, 2010, didn't hear anything for months so I called; they said it was "lost" luckily 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 a local attny: June 9, 2011
VSU: August 13, 2011
sent back to ALJ: September 2011

Last edited by sickandtired99; 09-28-2011 at 06:50 AM.

 
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Old 09-30-2011, 08:13 AM   #5
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Re: First time denied...Now what ?

My timeline went like this:
initial claim Sept 2008
first denial June 2009

Recon filed :June 2009

Recon Denialecember 2009

ALJ hearing request filed :January 2010
hearing date:Oct 8,2010
Decision :Unfavorable January 2011
Appeals Council Review request:Feb 2011
U.S. Senate inquiry:Feb/March 2011
Appeals Council Review:April 2011-new evidence considered
Appeals Council Decision:Vacate and remand back to the ALJ for further hearing and new decision. May 2011-
Aug 2011-Supplemental hearing held.
Aug 2011:Fully Favorable bench decision issued
Sept 2011-Case update and meeting with Social Security Case Manager to set up payments via debit card.

 
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Old 09-30-2011, 08:28 AM   #6
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Re: First time denied...Now what ?

Thanks for sharing Rarebitrabbit. Your post just goes to show that you can still win by appealing an adverse decision @ level 3. It sounds like you had a fair judge and he reconsidered the new evidence after the case was remanded back down. What is the cause of your disability?

 
Old 09-30-2011, 08:32 AM   #7
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Re: First time denied...Now what ?

Quote:
Originally Posted by BlueSkies14 View Post
Thanks for sharing Rarebitrabbit. Your post just goes to show that you can still win by appealing an adverse decision @ level 3. It sounds like you had a fair judge and he reconsidered the new evidence after the case was remanded back down. What is the cause of your disability?
Congestive heart failure,Cardiomyopathy

 
Old 09-30-2011, 08:38 AM   #8
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Re: First time denied...Now what ?

Quote:
Originally Posted by Rarebitrabbit View Post
Congestive heart failure,Cardiomyopathy
Thanks. Did they determine a cause why this happened to you? Another girl posted here awhile back (can't recall her screenname) who also had this. She said it was caused by pregnancy. How can being pregnant cause this?

 
Old 09-30-2011, 08:46 AM   #9
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Re: First time denied...Now what ?

Quote:
Originally Posted by BlueSkies14 View Post
Thanks. Did they determine a cause why this happened to you? Another girl posted here awhile back (can't recall her screenname) who also had this. She said it was caused by pregnancy. How can being pregnant cause this?
pregnancy wont cause either condition but it can aggravate them. No they don't know why this happened . it may possibly be genetic in my case since my Dad died at 49 with this disease,My uncle has this disease and my Grandfather had it as well although in Grandpa's case alcohol abuse was a factor . MY EF is 15% currently.I am the same age as my Dad was when he passed away from this disease ,my Uncle is in his early 70's and he is actually doing much better than I am.

 
Old 09-30-2011, 08:59 AM   #10
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Re: First time denied...Now what ?

Quote:
Originally Posted by Rarebitrabbit View Post
pregnancy wont cause either condition but it can aggravate them. No they don't know why this happened . it may possibly be genetic in my case since my Dad died at 49 with this disease,My uncle has this disease and my Grandfather had it as well although in Grandpa's case alcohol abuse was a factor . MY EF is 15% currently.I am the same age as my Dad was when he passed away from this disease ,my Uncle is in his early 70's and he is actually doing much better than I am.
How did they determine your EF? Echo or more invasive procedure? Normal EF is 55-70% correct?

Last edited by BlueSkies14; 09-30-2011 at 09:05 AM.

 
Old 09-30-2011, 09:09 AM   #11
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Re: First time denied...Now what ?

Quote:
Originally Posted by BlueSkies14 View Post
How did they determine your EF? Echo or more invasive procedure? Normal EF is 55-70% correct?
an echo cardiogram and then an angiogram. but a basic ulstrasound was conducted first, then the echo and then confirmation of the echo with an angiogram. so my EF is confirmed and yes the low end of normal is 55 % with the average being 60 to 70%

 
Old 09-30-2011, 03:30 PM   #12
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Re: First time denied...Now what ?

Quote:
Originally Posted by Rarebitrabbit View Post
My timeline went like this:
initial claim Sept 2008
first denial June 2009

Recon filed :June 2009

Recon Denialecember 2009

ALJ hearing request filed :January 2010
hearing date:Oct 8,2010
Decision :Unfavorable January 2011
Appeals Council Review request:Feb 2011
U.S. Senate inquiry:Feb/March 2011
Appeals Council Review:April 2011-new evidence considered
Appeals Council Decision:Vacate and remand back to the ALJ for further hearing and new decision. May 2011-
Aug 2011-Supplemental hearing held.
Aug 2011:Fully Favorable bench decision issued
Sept 2011-Case update and meeting with Social Security Case Manager to set up payments via debit card.
I am glad you won ! Do you know when your payments are to began?

 
Old 10-01-2011, 06:40 AM   #13
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Re: First time denied...Now what ?

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Originally Posted by mscat40 View Post
I am glad you won ! Do you know when your payments are to began?
my first regular monthly check will be November 1st,2011 they are rolling my October check into the retroactive payments.Im not sure exactly when my first retroactive payment will occur.

 
Old 10-01-2011, 02:35 PM   #14
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Re: First time denied...Now what ?

Quote:
Originally Posted by Rarebitrabbit View Post
my first regular monthly check will be November 1st,2011 they are rolling my October check into the retroactive payments.Im not sure exactly when my first retroactive payment will occur.
my son just started recieving adult child benefits this month. He is eligible for SSI too, but that has not gone through yet. I was glad his payment was in the bank today. S.S witheld Sept. payment and I do not know why. It might be until his SSI is figured out.

 
Old 10-02-2011, 09:02 AM   #15
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Re: First time denied...Now what ?

Quote:
Originally Posted by mscat40 View Post
my son just started recieving adult child benefits this month. He is eligible for SSI too, but that has not gone through yet. I was glad his payment was in the bank today. S.S witheld Sept. payment and I do not know why. It might be until his SSI is figured out.
SSI they say is based on "need" and is figured differently than Social Security so you have to have a face to face meeting to update the financial and address information,maybe they plan on rolling his Sept payment into the retroactive benefits like they are doing my October Check. Congrats on getting through half of the red tape .I'm sure its a relief.

Last edited by Rarebitrabbit; 10-02-2011 at 09:03 AM.

 
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