Disability Denied

[catherine194]

My disability was denied. Even though it was explained I cannot work as a nurse there is other work I can do. I am going crazy staying here with my husband. He gets on my nerves and makes my skin crawl. I want to move to my former home. Every doctor stated I couldn't work. Their answers to all my medical and emotional problems is asinine. I am depressed but can think for myself? I have chest pain but can still use my arms and hands? I cannot take no more setbacks. This has what kept me going. Why does SSI do this? I need every dime to buy me a house and even then I will be living at poverty level. What does an appeal do? Who will hire me when they find out I am on the liver transplant list. I am so tired and now I have even more to deal with. Thank you.

[prettyboyblue]

going into 7 month of treatment hep-c one chronic.filed for ssdi turned down twice waiting for judge they said somtime in july or augest.I keep calling letting them no things its like i am doing their job.haveing all the side affects now am dealing with bad depresion to the point of given in doc says only way to help is to stop treatment and i dont want to do this agian.also have gullstones and we no where that could go.trying to keep head up but the bottom line is do i have anything to look foward to i dont see it. down in minnsota if the cold dont kill me this surely will. thanks for hearing me and good luck

[bystander2002]

catherine I noticed you said your on the transplant list. (so am I)
I got disability first try - because I was told ahead of time what words they were looking for.

Theres certain words that will get you accepted, if ANY of these apply to you, be sure to mention them on your application:

Ascites
Low Albumin
Varices bleed
Banding
High bilirubin
shunt (TIPS)

[cuteus]

There also seem to be a confusion here between SSI and SSDI, they are not the same. the latter is based on your work history and the first is for those who never worked and as a supplement to SSD if the amount is below 651.00 a month. With SSi you get automatic Medicaid, with SSD you don't.  It is common to confuse them both, even lawyers do. I think Catherine is speaking of SSDI.

[Sujo]

So true.  I was also denied 2x before I had to appear before the
Administrative Judge....once he looked at my records.....DISABILITY GRANTED!  Like others have said before me, it's almost a "given" to be denied at least twice.  DON'T GIVE UP!!!

Sue

[audreywald]

It makes me furious that the sick need to dance thru hoops to get SSI.  I know someone who went in the office to apply, freaked out crying and hysterical - and got it in 3 months on the first try.

But the physically ill cannot get it for years. My ex husband with leukemia FINALLY got it after 2 years. Apparently it takes 2 more years to get medicaid.  He will get it in August.

I saw him on Mothers Day and I have doubts if he will make it that long. He is so swollen it looks like he is 9 months pregnant. If he does not make it I hope my poor daughter sues the **** out of some agency that denied this man and made him wait so long. He is simply too ill and too discouraged to travel to County Hospital anymore.

This system needs some SERIOUS revamping.

[twotells]

Cuteus is right about SSI (Supplemental Security Income) and SSDI (Social Security Disability Income).  They are different things.

SSI is basically federal welfare for those who are disabled, whether or not they paid into Social Security through the Social Security wage tax. You must have less than $3000 in assets to qualify and your residence and auto don't count.  Retirement plans are assets and do count.

SSDI requires that you have paid into the system.  There is no restriction on assets.  The disability must be expected to last more than one year.  The majority of claims are rejected the first time around, but many are approved at the hearing level.  Once you are approved, you will get a retroactive payment going back to the sixth month following the month of the disability.  Then you can apply for a dependent child under 18 yrs old.  I get 1/2 he amount of my benefit for my 16 yr old daughter.  That is also retroactive and is paid within a couple weeks of the application.

SSDI isn't welfare.  It is just like Social Security Retirement benefits- something you get because you paid into the system when you were working.  If someone is disabled, they shouldn't feel any more compunction about getting SSDI than a 65 yr old would feel about getting retirement benefits.

Hang in there if you're disabled and get what you worked for.  My opinion,  Dave

[simpleman]

I think they make it hard because there is so much abuse of the system. It's sad but deserving people have to "pay" for the misdeeds of people trying to get over on the system. Your education will count for a lot too. You might not be able to do your job anymore but you could move into a different job. It doesn't take much income to not qualify. I have a friend who was in a very bad car wreck. He can no longer do his job but can easily get a different job since he has a masters degree. The new jobs don't pay as well, but are still above average. He has the mistaken idea that the government owes him a job making the same money. He has been turned down twice but keeps on. In my opinion he will never get it and rightfuly so. I am not trying to suggest in any way that you are trying to do anything wrong, but to only offer an explanation as to why it may be so hard to get.Because of the actions of a small percentage of crooks deserving people are made to jump through hoops. Sad, but true.

[twotells]

I understand your discouragement at being turned down by Social Security.  What's been said by others above is all true.  This is how the game is played.  You will probably prevail if you follow through in a timely manner.  Request a hearing immediately.

I was turned down for SSDI on a durational basis (my disability was not expected to last more than one year- but it did).  I appealed immediately, and prevailed at the hearing level.  This happens to most cases, I've been told.  

I had a lawyer through my Long Term Disability insurance company, who had an interest in recovering much of the benefits they paid out to me from SSDI.  She was a nice enough person, but drew the SS judge's ire when she didn't present the documents in a complete and orderly enough manner to please the judge.  Fortunately, the judge wanted to be fair to me and gave us more time to clean things up.  I supplied some of the missing documents myself, on the spot.  I also followed up with the lawyer to make sure she completed things in a timely manner.  Frankly, I could have probably done the job better myself.  The judge put alot of weight on my personal testimony- I believe the judge really wanted to help me.  I don't think my story is unusual at all.

You can contact me at ***@**** and I'll be happy to give you more information.  I wish you the best,  Dave

[Amerabrit]

Another note on the lawyer question:  remember that lawyers usually receive a percentage of the disabilty claim and once approved at the hearing back pay is awarded.  The lawyer has no financial investment in pushing the case through quickly.
Having said that, there are good lawyers out there and if you must use one, check them out thoroughly.  In the city where my friend works of all the lawyers she deals with there is ONE good one; how sad is that?
Everyone has their own personal experience to draw from and Catherine has been given emails from people who have been there, and succeeded;  what a great forum:)

[Amerabrit]

SSI general info:
Hearings are not automatic, you MUST request a hearing within 60 days of your initial claim denial.  You will require forms:  #501; #3441 and 2 release forms #827.  Here is an info line number for SSI claims  1-800-772-1213.
Good luck.

[honey1616]

Good Luck to you and sounds like from reading all these posts....you have to go through alot of BS which can be draining however,,,,,I guess perseverance is your answer here..

[t2622b]

My sister was denied 3 times by SSI. She has Chronic Hep C,a brain tumor, and Cervical Cancer.  A lawyer told her that they ALWAYS deny the first couple of times.  She got a lawyer and won and they had to pay her all her back pay ($10,000.00).  Keep going you can beat those creeps.

[Amerabrit]

Hi Catherine, I'm sorry for your disability denial.  My best friend works for SSI and she has told me the following:  

Appeal your claim immediately;  it is SSI's standard practice to deny claims but they do now consider HepC a disability; chances are your appeal will be granted.
I was having dinner with my friend just this past Saturday evening and we were talking about the lawyers involvement and whether or not it was worth hiring one.  I was surprised to hear her say that most lawyers hinder their clients' claims rather than help!  She told me that oftentimes the lawyers mail in incomplete forms with incorrect information and from her own experience when she has called the lawyers with questions, they are not available, they don't return calls and add weeks to the claim processing time.  When she eventually speaks to them, they are not interested in what she has to say;  the lawyers get paid for filing the claims.  Obviously, there are good lawyers out there, but my friend's experience has been that you probably do not need one.  If you're unable to focus on the forms yourself, get a trusted friend to help you.  Read the forms very, very carefully, answer all questions carefully and accurately.  The process is long and laborious but you can do it yourself.  Hope this info helps and best of luck to you.

[MichaelT]

Yeah, its a racket. SS denies the initial request as a rule. Lawyers get a chunk of the "award." Like I said, a racket. It is quite sickening since they screw with people that are truly in need.

Get a lawyer and don't get too down! We're here for ya'!

-Michael

[audreywald]

I also was denied until I got a lawyer. Even with him I was denied till I had a hearing. Now I will get the disability but the judge has to decide at what point I became unable to work. A disability lawyer will get 1/4 of the initial sum he gets for you. It is worth it; otherwise they will probably say no. My ex husband has END stage leukemia; and they denied him.

I got the attorney by going on line and finding a lawyer who specialized in disability in my area.

Please do this and save yourself a lot of hassle.

[susan400]

I was turned down 3 times and finally hired an attorney.  My attorney feels like I have a good case and I had the hearing about 3 weeks ago.  Now I have to wait another 30-90 days for the judge to decide.  They will have to give me back payments all the way back to May of 2001.  The attorney will get $5,000 if I win.  Social Security's own doctors on their own reports said that I was disabled, but they conveniently ignored that!
Susan400      bystillwaters.net

[LvdByGod]

i agree with the above posts...i have heard you have to keep at it to prevail and i agree with scott...that really stinks...once your dr says you can't work i think it should be automatic...i wish you the best, a prayer for you will go up now,

luv,lvd

[cuteus]

don't give up yet. that is typical SSI or is it SSD for you?  SSD is based on work history.  I have seen the book they use to determine disability and have sat in meetings where they are discussed under Medicaid.  It is call transferability of skills and it can be subjective sometimes.  You can use an attorney to assist you with the appeal. some people get denied a couple times before approval. Try to get a copy of the "Blue book" so that you know what they have failed to assess. maybe all that is needed is one more criteria to meet the, say 4 needed, to qualify for the disability.  You won't believe the things that are taken into consideration in the assessment and is based first on the age of the individual. if you were 60, the answer would have been diferent.

[Showboat]

I am so sorry that you have to go thru all of this!!!  I remember someone posting almost two weeks ago about filing for disability.  I am sure they will come and post again for you.  I think I remember them saying that a person is usually denied the first time, BUT to appeal and try again.....it seems to be accepted the second time around.  I think that "they" make a person really work hard to get the disability.   Keep the faith and I am praying for you.   Good Luck, and much Peace