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Old 08-09-2002, 05:11 PM   #1
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Post Social Security denied after 5 years...Help?

I have been on SSA (Social Security) for 5 years now. I had a medical review buy their doctor and was denied after my doctor said no to returning to work. This was my first medical review. I have four bulged disc. Anyone have any personal experience they can help me with during my (first) appeal???

Thanks,
Ron



[This message has been edited by DesertBum (edited 08-27-2002).]

 
Old 08-09-2002, 07:42 PM   #2
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Re: Social Security denied for back problems

Is your back problem the original reason you were awarded social security in the first place? I can tell you what I have seen and heard, and that is that the problem has to be pretty severe with medical records backing it up, causing pain etc., to preclude you from doing any work. They do not consider bulging disks as a disability. What they look at are your illnesses, injuries, and what the symptoms are and how these symptoms affect you. For example, many people have bulging disks, with no symptoms. Another person may have many severe symptoms that affects their work ability. And if the person cannot do a standing job, they try to train you for a sit down job. I also know that the more things you have wrong with you, the better your chances are of getting SS. They like to see that you have done everything you can to fix the problem, and the records to back it up, then they like to see you attempting to work at a job that does not aggravate your symptoms, such as one sitting. I just know it is hard for many people to get it. I had to fight for disability for one year when I could barely sit or stand from a herniated disk, yet still ended up in front of a judge because I had been denied. Also, whatever doctor you see, should be a specialist such as a neuro., the judges take their opinion more seriously than a GP. Well, hope I have helped you just a little. BTW, I did get a year of disability, but just wanted you to know that my attorney told me that you really have to be pretty laid up and in pain to get it any more, and have no way of working. I wish you luck.

 
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Old 08-09-2002, 07:52 PM   #3
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Re: Social Security denied for back problems

Thank you. I can't sit for more than 5-10 min on a chair. Walking for about 20-30 min. I have been in the hospital twice for a week for pain. I can't drive for more than 2 miles. Wife helps me put my socks/shoes on. I also have numbness in the left leg when I stand to long or sit to long. I take meds every 4-8 hrs a day. I have already been on this (SSA) for 5 years now...
What did you bring/proof did you have to win your case (The $800 a month question)?

Ron

 
Old 08-09-2002, 08:23 PM   #4
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Re: Social Security denied for back problems

Hi Ron, I have been on SSD for babout 3 years, well ...when I finally won I wa awarded 2 years back pay. Mine went al the way to a law judge but he decided in my fvaor without a hearing. It still took almost 2 years to the day for me to see a penny from the time I went out of work and had surgery.

I'm waiting on a review myself. The initial waard said it would be reviewed this sept. So I may be in the same position. Asumming you went out for the same reasons that your having trouble with now you need to address the specific reasons they said you can return to work. If they say you can work a less physical job than you need a shrink or a neuro to put in writing that you do have cognative imparmant either from depression that goes hand in hand with CP.

If you have a shrink he may be your best shot. Recalling the deposition my lawyer took from the shrink it was important that I wasn't able to complete a task in a timely manner, Cognative ability as far as short term memory are problems with depression, CP and the meds.It was really my shrink that made me sound the worst when all my problems stem from 3 failed back surgeries, the last a fusion from L1-S1

Basicaly you need a doc to refute what their doc said. If you don't have a lwayer I would get one or call your original attorney.

For whatever reason this new doc is saying you have improved in the past 5 years. Have you had more or any surgery? Anything that may contribute to the degenerative natuure of your problems. Documented that is.

Increasing dosages on pain meds, Etc Etc. I'm running out of stuff at the top of my head but refuting their specific reasons they say you can work is what you need to do with a medical professional giving deposition to such limitations. This is where I think you really need an attorney. Good luck, David

 
Old 08-09-2002, 08:32 PM   #5
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Re: Social Security denied for back problems

Thanks David,
I didn't have an attorney the first time, as I won right away.
I called around for an attorney, none will take my case, since I am already on the "system" and am still receiving a check through the appeal.
My doctor says no work still, their doctor says light work is ok.
What is this shrink?????? Like a head shrink???? Please give more detail, please.... I am going to a neuro at the end of the month (on my own, not from SSA)
I got a new MRI (mistake) and it shows some improvement on 2 disc, and the others same. I think thats where he is coming from.
Its sad, I would rather work. I had my own business (since 19yr, now 32yr.) making $48,000+. This new income sucks ($800 a month). Give me a break!! <IMG SRC="http://www.healthboards.com/ubb/smile.gif">

Ron<p>[This message has been edited by DesertBum (edited 08-09-2002).]

 
Old 08-09-2002, 10:45 PM   #6
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My question is why aren't they doing something about those bulging discs???

 
Old 08-09-2002, 11:25 PM   #7
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Two reasons they say. 1. Age (to young) 2. They are a center buldge, to risky. Been to 5 different surgeons
All say the samething. Like my disc are the plague.

Ron

 
Old 08-10-2002, 09:53 AM   #8
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Re: Social Security denied for back problems

DesertBum, When i went to my hearing, I had an attorney. And remember, I was only awarded one year, for the time I spent getting treatments, surgery, and 3 months after surgery. The documents they like to see are medical records showing the problems, pain, and anything you have done to try to fix it. And like the reply before me said, it does help to show how this has affected your mental capacity by seeing a counselor of some sort, because of the pain. Also, the neuro. you see, if possible, should be one from a well known clinic or hospital. We have one right here where i live, yet was told by my attorney, that I should see one from the mayo clinic, 2 hours away. I saw both, just didn't care for this one, and then had two opinions from two neuros that both agreed on my prognosis. It looks like you will not be able to get an attorney untill after your 2nd denial? My guess is that you need to appeal the denials yourself first { like I did and was told to do } then get the attorney, because they come into it after the 1st or 2nd denial, you have an appointment with them, they then learn all about your case, give you advice, and go to the hearing with you. Good luck again.

 
Old 08-10-2002, 10:00 AM   #9
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Re: Social Security denied for back problems

Sorry, i didn't even answer your main question. The proof I had was my medical records { my attorney told me my records spoke for themselves }. I had a huge herniated disk that just plain laid me up, had to quit my job of 6 years, tried every treatment there was for about 6 months, before finally having surgery. Pain speaks volumes, so I would do what I could if I were you to go on the pain you are in, and all the meds you take. There are records of this or you wouldn't have been prescribed the meds! Your proof would also be in your records. See a neuro, this docs opinion will make a big difference, hopefully to your advantage.

 
Old 08-10-2002, 10:13 AM   #10
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Re: Social Security denied for back problems

What surgery did you end up having? Why aren't you better?? My mom had two surgeries, after 10 years, back where she started. So why get it to be honest?? I was told they only last 10 years at best.

Ron

 
Old 08-10-2002, 05:00 PM   #11
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Re: Social Security denied for back problems

My husband got hurt at work in the spring of this year and has yet to have surgery to fix it--we filed for SS like everyone said to do--yesterday they gave him a denial--He is well over 50 and credits out of the water--but we will try again--wish I could help more--take care

 
Old 08-10-2002, 07:03 PM   #12
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I applied for social security supplemental income for my daughter over 6 months ago. I havent heard whether she has been approved or denied and they wont give me any answers over the phone.
Its a nightmare.
She is 7 years old has severe learning disabilities, bipolar and ADHD

 
Old 08-11-2002, 03:43 PM   #13
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Re: Social Security denied for back problems

Hey Ron, When I said shrink I meant Physciatrist. An MD has much more wait than a PhD. I'm not even sure a PHD would carry any weight in a SSD situation. My spelling was pretty bad on that post.LOL Hope it wasn't hard to follow., Take care, David

 
Old 08-11-2002, 04:27 PM   #14
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Re: Social Security denied for back problems

I know someone who is on SSA and used a PHD and a MD to get it. The sad part is, they say "oh I hate being in public" and they get on SSA with no problem, I have proof (I feel) and I have to appeal a denial. <IMG SRC="http://www.healthboards.com/ubb/frown.gif">

Thanks for clearing it up! Will check into it.

 
Old 08-12-2002, 08:23 AM   #15
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Re: Social Security denied for back problems

DesertBum, I had a laminectomy at L 4-5, where they take out the herniated portion of the disk. And I am much better. I was in daily pain and walked with a limp, and could stand no longer than 5 minutes before surgery, I have none of that now. I only have a problem if I try to WORK at a job standing, because after about a half hour, my low back starts hurting. I can sit fine though. I have never heard about surgery lasting 10 years, but it wouldn't matter, because I couldn't live in that shape anyway, and still would have had the surgery, and am happy to be out of pain. What type of surgery did your mother have?

 
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