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Thread: Denied Disability

  1. #11
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    Quote Originally Posted by ritzbit2 View Post
    I didn't know that. I was thinking that I might just drop it because I really can't afford a lawyer or anything. I really have to idea what I'm doing lol I just want a fair shot...
    Get a lawyer! You only pay after you get disability and it's usually only like 20-30% it just comes out of your monthly check. If you dont get disability they dont charge. I think the benefits out ways the costs because your going to need the insurance eventually.

  2. #12
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    Alot of disability firms will want you to have been denied at least once.They are only allowed to take up to 25% of backpay and are often awarded less due to time spent in the system and amount of work they claim they have spent on your case.

    If you are 19 and do not have enough work credits to qualify for SSDI you should go to SSA.gov and read up on filing for SSI.There is a filing for individuals who become disabled before the age of 22 and the disability has to be judged to last at least a year-its a lot like SSDI but doesnt require work credits.

    The best thing you can do is to make SURE all of your dr records get to the lawyer and to the SSA.If you are filing there is a cap on what they can charge for copies.Make sure those records are as concise and complete as you can.You would be surprised at how many "dont get there or were never received"

    Be proactive and dont assume that the lawyer will necessarily work for their money-make sure they do.

    If you were diagnosed 3yrs ago,have had continuation of care(seen a dr regularly)and have medical evidence to back it up it will put more weight in your corner-the more paperwork the better.The system is designed to get people to give up.

    I applied in 2008-got denied within 3 months-refiled got denied again in 2 more months and requested a hearing before an administrative law judge.It took me a year to get there and three months after my hearing to get the award letter of fully approved.

    So it took from 7/08-4/10 to go thru the whole process.Some states are quicker than others but a denial the first time is the norm.Dont give up,try contacting lawyers in your area see if they have a mandate about taking on disability clients because like I said some want at least one denial,some want 2 and some dont care and will take you from the initial filing on.THen call the SSA 800# back and ask about filing for SSI since due to your age you do not meet the minimum work requirements.That should have been done from the get go....sounds like you got a really lazy worker.

    Here is a really helpful website that has tons of info about the process and a message board for people going thru it currently,those that are in the denial/appeal process,those that have been awarded-and examples of letter sent by the SSA detailing what additional info they look for,and the hoops they make you go thru . www.ssdfacts.com It was started by a lady when she began the process and contains a wealth of info and examples.Hope it helps.

    Good luck-dont give up.
    Last edited by ItsLupus2007; 08-27-2012 at 01:36 PM.
    SLE w/Sjogrens Overlap and Raynaud's diagnosed in 2007.Fibro in 2009.

    The Early Bird May Get The Worm But the Second Mouse Gets The Cheese.

  3. #13
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    Ritz: google "centers for independent living Kentucky" or CIL Kentucky. Find the one nearest you and give them a call. I work for one and one of the services we provide is helping people apply for SSI/SSDI. I know you've been denied, but a CIL can help you with the appeal process. This service is FREE. Not like a lawyer, Centers for Independent Living do NOT charge for their services. The CIL will walk you through it and help you as much as possible. They do NOT guarantee they can get you SSDI, but they know the red tape and bs better than anyone and know how to handle it.
    "I'm going to get healthy or die trying"

  4. The Following 2 Users Say Thank You to ruziska For This Useful Post:

    ritzbit2 (08-28-2012), steve.b (08-28-2012)

  5. #14
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    Quote Originally Posted by Mica View Post
    Get a lawyer! You only pay after you get disability and it's usually only like 20-30% it just comes out of your monthly check. If you dont get disability they dont charge. I think the benefits out ways the costs because your going to need the insurance eventually.
    The most that the lawyer can obtain is 25%.It is often less if the case is not long and drawn out.The money is deducted from the backpay that you receive once the approval goes thru.There is a five month "waiting period"from the onset of disability until award date.The SSA will take the money directly from that and then process the rest of the backpay to you.

    In 2010 I received a lump sum from(Judge determined my onset date as date of diagnosis-7/07) Jan 2008-Mar 2010.My backpay was in my savings account info before I got the award letter.I did not know that as I had not thought to check.I have heard in some instances now they are breaking up payments and doing "installments" in some cases,others receive the lump amount.I don't know why or if it varies state to state.

    One thing I would highly recommend for anyone going thru the process is to set up a separate bank account from your spouse/or any regular income you have as by the time most are awarded SSDI/SSI they are practically bankrupt.SSDI/SSI cannot be garnished for debt unless it is mixed in with income from other sources.If you can prove it is disability money only and are on the verge of CC debt vs House loss and want to use to money for house then it cannot be taken for medical outstanding debt or CC debt-then you can bring your living situation up to date and worry about the other things by trying to pay smaller amounts but they cannot take large chunks of money.Nor can they freeze the account as asset if you are in a lawsuit(example CC that wont work with you)Disability money is exempt as long as it is not mixed in with income like a spousal paycheck.

    Also a lot of docs offices will not charge you for your medical records if they know its for SSA-I really think it depends on the dr and the relationship.I get a copy of my records for personal use every year and keep them in a lockbox.this cuts down on a lot of hassle as they are dated yr to yr and kept in individual folders to refer to.
    SLE w/Sjogrens Overlap and Raynaud's diagnosed in 2007.Fibro in 2009.

    The Early Bird May Get The Worm But the Second Mouse Gets The Cheese.

  6. The Following 2 Users Say Thank You to ItsLupus2007 For This Useful Post:

    n.mac (08-28-2012), tgal (08-29-2012)

  7. #15
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    Apparently the lady put through two different kinds of applications, one of them did get denied but I still have one floating around in limbo until at least October. I have to go to some special appointment to get an exam done in a few weeks for it I just got a letter this week. I dont know why they're sending me to be seen by a chiropractor? I've never gone to one before and I dont know how they are supposed to assess my lupus/everything else. I dont know why they arent sending me to a rheum. Should I call and ask?
    "A bad cold wouldn't be so annoying if it weren't for the advice of our friends."~ Kin Hubbard

    Diagnosed: SLE, Raynauds, Interstitial Lung Disease, GERD, Myositis, Vasculitis, Fibromyalgia, Possible Sjogrens.
    Medications: 400mg Plaquenil, 2000mg Cellcept, 60mg Nifedipine, Nitroglycerin Patch, 20mg Prilosec, Trazadone, 8mg Medrol, 81mg Asprin.

    My old profile on here http://forum.wehavelupus.com/member.php?22042-ritzbit

  8. #16
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    That is strange, usually they sen nd you to a psych and a doc tha specializes in the disability your going through. At least that's what I did. I would call to ask why the chiro? Seems like it would be a waste of time and not be much help...any doc THEY send you too aren't much help anyway (they try to debunk your claims), but going to one that's not even in the right field s even worse! Good luck Hun, I'm fighting for it too
    *Darla*-forever awaiting answers-

    Romans 5:5 "Hope does not disappoint"

    "If it wasn't for bad luck, I'd have none at all-and I'm Irish!"

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