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  • Denied- Questions Please

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    Old 04-23-2010, 05:34 PM   #1
    joanne723
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    Denied- Questions Please

    Last year I applied for benefits due to several problems. The main problems are panic attacks, agoraphobia, anxiety and severe stomach issues that caused me to lose a little over 100 lbs in a years time. In addition I put severe migraines, back and neck problems from multiple car accidents (which date as far back as '98 and as recent as 4/08) and a bum knee from a car accident and a subsequent surgery 8 years ago. I listed the date of disability as 5/08 though because that is when the panic attacks and anxiety got bad enough that I could not leave the house.

    I had a psych exam on 3/31 and received my denial letter today.

    First of all on the denial letter they only list anxiety, panic disorder, agoraphobia, severe chronic nausea, and digestive problems. They list nothing about the back and neck pain or migraines. Why would this be?

    Also, it says "the medical evidence shows that you are unable to return to any of your past types of employment. However, based on your age, education, and your remaining abilities, you would be capable of making a vocational adjustment to other work. Thus disability is not established."

    Um, ok so if I can't leave my house 90% of the time and I can never leave the house alone what type of work do they expect for me to do? Also THEIR CE examiner told me at the end of the appointment that he felt that I had severe short term memory loss worse than most 60+ year olds.

    Also, the letter is referencing 12/09- "The medical evidence shows that your condition during the period of time that you were insured through 12/31/09 does not show that you were disabled for Social Security Disability benefits."

    Why are they talking about 12/09? That date means nothing to me as I listed the date of disability as 05/08.

    What do I do now? The letter confused me- they are talking about re-applying or filing an appeal. I'm really lost and confused right now and I hate the idea of hiring a lawyer and having them take a huge chunk of money if I can get through this myself. I need this so badly right now- I'm losing my house and piled under a stack of bills a mile high. Can anyone offer any advice or suggestions?

     
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    Old 04-23-2010, 05:53 PM   #2
    elle45
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    Re: Denied- Questions Please

    I am no expert, but I do know that 90% of people get denied the first time, and usually the second time. Unfortunately you will most likely need a lawyer. They only get paid if they win your case and than they take about 25% of your pay out. The process takes about two years. However you mention that you are losing your house. If you are in foreclosure a lawyer would be your best bet because they can file for something that would speed the process up. Good Luck! And don't worry about what they said in your letter. They say stupid things like that to everyone. They told me that because I used to run a home day care that I can still do that even though I had two spine surgeries and have fibromyalgia. It obviously was a MAN who never had to care for one child let alone six or more.

     
    Old 04-23-2010, 10:25 PM   #3
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    Re: Denied- Questions Please

    Do you have an SS attorney? If not seek one out that only does SS claims.
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    Old 04-24-2010, 05:42 AM   #4
    Kasey443
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    Re: Denied- Questions Please

    Yes please call an atty for a consultation. SSD denies everybody, it is well known. You need to appeal, and you need an attorney to help you when and if this goes to a hearing. The atty can explain to you how the SSD system works and what they look at and why they deny almost all claims the first time around.

     
    Old 04-24-2010, 06:17 AM   #5
    BelleoftheSouth
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    Re: Denied- Questions Please

    Hire an Attorney. I know that a lot of people feel like you in that they don't want anyone else to get a dime of the SSD. I look at it like I am going to be getting a Check for the rest of my life (unless I get better and am able to work then I'm outta here).

    I'd rather have an Atty get a one-time payout and get a check continually instead of fighting and fighting and fighting SSD.


    Good luck whatever you decide.

    ~Belle~

     
    Old 04-26-2010, 02:13 PM   #6
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    Re: Denied- Questions Please

    If you have been denied once then the next level is the reconsideration . Have new medical evidence to support your claim of disability , and it is very important to have doctors who also support your claim of disability.
    It is very typical to be denied the first time , and second time. However, not always. I won my claim on the reconsideration level , proving my medical conditions had become worse . I also am a burn patient at the time so I took pictures , that I believe really helped my claim .
    Hire a attorney that only specializes in social security , it is important especially if you recieve a second deniel letter , they will fight for you and do not recieve anything if you do not win.

     
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