I need help

Question

I have been DENIED yet again for my disability, this time by the appeals council, this makes the 3rd time. 1st by Social Security, 2nd by the Judge 3rd by the Appeals Council. This process has taken 3 1/2 years. The Judge stated that he gave little weight to "their" Doctors determination, he also stated that Dr. Rosner all but said that I was beyond in PERFECT health in less than 3 months after having my decompression/laminectomy (in which he plainly stated to me and in writing that my recovery could take anywhere from 1-3 years) and within 2 years I was back in having even more surgery in which Dr. Rosner had put in writing that it was necessary for me to have but was trying to wait out the 3 years but it just couldn't wait because of the pain and damages it was causing on my body and I had to have my C5-6 C6-7 Fused on October 1, 2014and have still not fully recovered from that surgery as I still have a lot of neck problems. The Judge stated that Dr. Rosner told him that I had full function of my limbs, balance, no numbing, tingling, No headaches (but he still has me on Fioricet for my constant headaches???) dizziness, nausea, vision problems and the list goes on. When this letter was supposed to have been written Dr. Rosner was going through a lawsuit and I do not know if he did in fact write all of this trying to say that I was a walking miracle, or if this Judge just took it out of context. But this is what has kept me from getting my disability! I am to the point that I feel I have nothing left to fight for any longer! My mental state at this point is not good at all!!! I do not care about anything at this point! I have wasted the last 3 1/2 years for what??? Just to be let down yet one more time! I still walk into walls, I still have to hold onto things to keep me from falling, I still cannot stand up to take showers, I still have to lay down the majority of the day! Dr. Rosner wrote a letter to the judge telling him that these things were being cause by the medication I was on!!! Without medication I cannot live with the pain!!! I have 18 confirmed diseases and disabilities!!! What else am I to do??? I am to the point that I don't care if I wake up tomorrow! I did get a few things that I Prayed to God for, I did get the gift of grandchildren, and Sunday I did get the joy of watching my beautiful daughter walk down the aisle and say I Do to the man of her dreams. And I come home and find out that the last 3 1/2 years were a waste of time!!! I was told I can start all over again and lose nearly $30,000.00 that is rightfully mine... For what another some odd years just to have the same thing happen again and get let down!!!! Why waste my time!!!

Lynnrae64 · Answer

I am going through the same thing. Had fusion in November on c6-7, need fusion on another disc, chiari is another surgery I'm trying decide if I even want to attempt right now with all the back issues. Been in and out of hospital the last 7 months a total of 30 days, Dax with depression, as well, had dr letters and was denied 2nd time in reconsideration level. Now working with an attorney.. They want you to give up! You need an attorney or chances are slim. I understand your frustration. The day I was denied the 2nd time I cried for 2 days. They say I can do light duty. Are you kidding me? My advice is find a good attorney. Are you able to continue with the claim already submitted? That's a lot of money to lose. Wow! An attorney can only receive a certain amount, but I'm tired of fighting the system. It was making my illness worse by worrying about it. I'm just putting it an attorneys hands and she assures me not to give up, we will win, but it takes their knowledge to know what little things can make or break your claim. Sorry so long, but our system is broken because of those who do not need it!

selmaS · Answer

Hi and welcome to the Chiari forum. 

I am so sorry you are having such a difficult time with disability and I know others that had the same issues trying to get it....many say it can take up to 4 yrs to get and you need a lawyer to help....Chiari alone is not on the list so if that is your only DX being used, that could be an issue.... 

Was your depression added as a reason for your application for disability, that alone should get it for you..... 

Did you have an attorney?

 We do have a thread for tips to win an appeal...I will bump it up

sherimom · Answer

UGH!  I hate the process for disability! That's absolutely ridiculous. 
I did used to help people with filing out the forms for it and know the process. I had a couple thoughts for what it is worth. 
Did you get copies of the letters and information that was sent to the court? If not, I'd recommend that you do that so you know exactly what was said. Also, by the time you get to the judge, MOST of the time, your odds of being approved go up. But, at that point, many people get an attorney for this part. Most disability attorneys will review your case, see if they think they can win it, then charge you only a portion of the backpay. Do not let any deadlines pass - are you able to appeal it again at all? If you did not have an attorney, I'd strongly recommend that you consider getting one. It works the way accident/injury lawyers work, no money up front etc...
I hope this helps - best of luck.