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I filed an appeal request tonight for my 2cd denial. My concern and question is what should you do if you don't have a ton of documentation because of not being able to afford specialized care? I am so frustrated because I know that if I had more proof of how severe my DDD is in my spine things would go faster.
Depending on your location, if you're lucky, you may get an answer in seven months. I just heard of someone in WI who was initially denied in April, being approved on review a week or so ago. First applied in January, denied in April, approved in December. This person had very good documentation. Guess you should expect at least seven months. If you've already been denied twice, you might want to consult an SS disability atty. Case I mentioned had no atty but, again, the documentation was extensive.
I filed an appeal request tonight for my 2cd denial. My concern and question is what should you do if you don't have a ton of documentation because of not being able to afford specialized care? I am so frustrated because I know that if I had more proof of how severe my DDD is in my spine things would go faster.
You should consult with an attorney who specializes in Social Security Disability. The SSA can't hold it against you that you can't afford specialized care, but there are ways to bolster your case. I am assuming that they sent you for a consultative exam?
Back cases are not that easy to win. The limitations have to be extensive (i.e. needing a cane or walker to walk, can't sit for long, etc.) Your best bet i to find a local, experienced attorney to help you. She/he would only get paid if you win, and the money comes out of your back award, 25% with a limit if $6000 (most SSI cases don;t pay nearly that amount.)
You can check out NOSSCR to find an attorney in your area. Best of luck!
I am assuming that they sent you for a consultative exam?
Nope. But I did put in my appeal last night that I am more than willing to see someone. I spent so much $$ and time off work (missed around 45 days this past year) that I couldn't afford other visits, the copays, the travel, the time w/o pay from work. I am just disappointed that I have been in this circle for the past few years. I worked with insurance so I am not suprised, it's just so hard not knowing what to do.
I am already working with a lawyer due to bankruptcy, but I could ask him for a good referral I suppose.
Based on your comments, you will have no success if you continue to pursue this on your own. Get a GOOD SSDI atty. Hopefully, you bk atty knows one. Or, ask around. Another poster said awhile back, SSDI atty she consulted said she needed to have been denied twice. Well, you were. Now it is time for an atty.
The one common thread that seems to run through all of this is that the rules, wait times etc are different for each person depending on the state you live in, how old you are and how sick you are. I am a long time diabetic with a long list of ailments related to that disease, all documented by doctor's records. I was 62 when I applied with out an atty. and was approved within 2 months. It was a little disconcerting because my state, Pennsylvania, is one of those where pretty much everyone is denied the 1st time and has to wait one year before getting an appeal hearing. I figured I must be near death and my doctor just forgot to tell me. Anyway I was told by an atty who should know that I received it because I am over 60 and because I have documented nuropathy (nerve damage) in any two limbs. Also you must have that paper trail in your medical record that your doctor hands over to SS. When you see your doctor for visits don't lie and say you feel ok. Complain, complain and complain again about every little thing and make sure he writes it down.
I am assuming that they sent you for a consultative exam?
Nope. But I did put in my appeal last night that I am more than willing to see someone. I spent so much $$ and time off work (missed around 45 days this past year) that I couldn't afford other visits, the copays, the travel, the time w/o pay from work. I am just disappointed that I have been in this circle for the past few years. I worked with insurance so I am not surprised, it's just so hard not knowing what to do.
I am already working with a lawyer due to bankruptcy, but I could ask him for a good referral I suppose.
Did your denial notice(s) state that you did not have a severe impairment? IOW, what exactly did the denial notice state? Second question: You state that you missed around 45 days of work this year - but did not indicate that those absences were due to the symptoms of your DDD... So, what was your monthly gross income? If you earned a monthly amount that reached the level of engaging in substantial gainful activity, you will be denied without consideration of your impairments.
Lenora
(Former SSA attorney advisor and NOSSCR member)
Last edited by lenora; 12-29-2012 at 12:53 PM..
Reason: typo
Did your denial notice(s) state that you did not have a severe impairment? IOW, what exactly did the denial notice state? Second question: You state that you missed around 45 days of work this year - but did not indicate that those absences were due to the symptoms of your DDD... So, what was your monthly gross income? If you earned a monthly amount that reached the level of engaging in substantial gainful activity, you will be denied without consideration of your impairments.
Lenora
(Former SSA attorney advisor and NOSSCR member)
The first denial was because I was working ( I expected that), this time was because I was not severely enough impaired to work. I have had a consult with the lawyer but I'm not very confident in this working out. Because of my age and type of work I have done I don't think it's going to happen. He says it's up to me, expect the appeal to be denied and decide if I want to keep pursuing. To be honest I don't have a stable financial system to keep not working (atty said 2 years), but I just feel really down about going through work again. It seems 99.999% impossible.
Also, about the DDD, atty says that may be the one thing (if we can prove with mri) to work in my favor. So I'm back to same thing, if you haven't been able to have tests done I guess you are stuck.
The social security system is designed to cause people to give up instead of waiting for a hearing in a timly manner. I was diagnosed with MS 12 years ago and insisted on working as long as possible. Now that my health has made working impossible I have been denied disabilty because the case workers say that my past work history shows that I am able to work. I have lost my home and all possesions that I had due to the financial hardship I have faced. Have been denied and now awaiting a hearing before a judge which I have been told could take up to another year. I dont know how after one year another is going to matter or how I am supposed to survive. No wonder suicdes take place so often while people are in this limbo.
The social security system is designed to cause people to give up instead of waiting for a hearing in a timly manner. I was diagnosed with MS 12 years ago and insisted on working as long as possible. Now that my health has made working impossible I have been denied disabilty because the case workers say that my past work history shows that I am able to work. I have lost my home and all possesions that I had due to the financial hardship I have faced. Have been denied and now awaiting a hearing before a judge which I have been told could take up to another year. I dont know how after one year another is going to matter or how I am supposed to survive. No wonder suicdes take place so often while people are in this limbo.
Get an attorney and file an appeal.
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