SSDI

Question:

> >Un-Employable  is a good word. >Scott

i have a button which reads, as I remember "The characteristics which make me charming also make me unemployable."  It ain’t true, but it’s funny anyway. A

Response:

The law requires review not less than once every seven years.  SSA has great latitude in this regard.  Their review may consist only of a paper  review. Jack – Hide quoted text — Show quoted text -> I should probably knock on wood before I post this LOL!!!, but I’ve been > on SSD for 6 years and never been contacted for any kind of review. My > Dr’s have never heard from them either. > I’ve been told that people with back injuries, accident injuries and > mental health disability’s get reviewed most often. Renal failure, > paralysis, and incurable diseases that always progress downhill, are > reviewed the least because they know the chance of recovery is almost > nil and they don’t want to waste money. > Kitty > ~~~~~I have never known anyone who was not reviewed. Songburd~~~~~

Share what you know. Learn what you don’t.

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Un-Employable  is a good word. Scott

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- Hide quoted text — Show quoted text – >Un-Employable  is a good word. >Scott

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Hi Ya, I thought the same thing when year 7 went by but I got my first review this year so that makes it all most 12 years for the time I won my case intill my review. BTW is was for my back, could it be that thay are just running a bit behind on there reviews or it was because the Amd. Law Judge I saw wrote in his report that there was not much of a chance of me returning to work, ever ( that is why I won my case, because of what he saw in all of my files. BTW he also told me he thought that I would never return to work and at the time i thought he was nuts, but I sure was wrong as I still ge SSD. ). Take Care, Chuck – Hide quoted text — Show quoted text -> My daughter was born with heart/nerve/problems. Since she became > emancipated, there has never been a review. > — > Granny The Great Co30 > I should probably knock on wood before I post this LOL!!!, but I’ve been > on SSD for 6 years and never been contacted for any kind of review. My > Dr’s have never heard from them either. > I’ve been told that people with back injuries, accident injuries and > mental health disability’s get reviewed most often. Renal failure, > paralysis, and incurable diseases that always progress downhill, are > reviewed the least because they know the chance of recovery is almost > nil and they don’t want to waste money. > Kitty > ~~~~~I have never known anyone who was not reviewed. Songburd~~~~~

Share what you know. Learn what you don’t.

Response:

My daughter was born with heart/nerve/problems. Since she became emancipated, there has never been a review. — Granny The Great Co30

I should probably knock on wood before I post this LOL!!!, but I’ve been on SSD for 6 years and never been contacted for any kind of review.  My Dr’s have never heard from them either. I’ve been told that people with back injuries, accident injuries and mental health disability’s get reviewed most often. Renal failure, paralysis, and incurable diseases that always progress downhill, are reviewed the least because they know the chance of recovery is almost nil and they don’t want to waste money. Kitty ~~~~~I have never known anyone who was not reviewed. Songburd~~~~~

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I should probably knock on wood before I post this LOL!!!, but I’ve been on SSD for 6 years and never been contacted for any kind of review.  My Dr’s have never heard from them either. I’ve been told that people with back injuries, accident injuries and mental health disability’s get reviewed most often. Renal failure, paralysis, and incurable diseases that always progress downhill, are reviewed the least because they know the chance of recovery is almost nil and they don’t want to waste money. Kitty ~~~~~I have never known anyone who was not reviewed. Songburd~~~~~

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I have been on SSI for 11 years and my condition is permanent. During the first ten years I had a full review every year. This year they sent me a brief questionaire and said that bases on the answers they would decide if a full review was nescessary. I have never known anyone who was not reviewed. She should be prepaired. She may have been missinformed. There were several times in which a worker gave me incorect advice including the need to report my childrens income when they started working. This created a very large overpayment. Due to my history of cooperation in reporting everything proptly they believed me and dismissed the repayment . It is important to get proper information . If something does not sound quite right ask to speak to a supervisor. Songburd1

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To the best of my knowledge, there is no such thing as ‘permanent’ disability according to the SSA.  Their reason is that many people who are ‘disabled’ manage to work at some job and earn a living, therefore, no one is ‘permanently’ disabled.  However, as I understand it, the review times vary – one person in this group stated his case was reviewed every seven years – mine is up for review every three years.  I’m hoping to be able to work before my case is reviwed, however, the prospects are not looking good.  In any event, my sister will most likely not be able to work, but she is under the impression that her case will not come up for review. I’ve never heard of this – no review.   Sheryl  Abbie Wheeden

: My sister has been on SSDI for a few years – she has multiple problems. : However, she was initially denied twice & was approved after getting an : attorney.  She states that she will not need to be reviewed.   : My question is this:  anyone know of anyone who was approved and never had : their disability status reviewed?  My mother was on disability and they : reviewed her case every two years despite the fact that her docs kept : telling SSA that she was TERMINAL.  Two months after she died we got a : letter stating that she was up for review. : My brother will never be able to work again & he is on disability with a : review period every 2 years – even though his docs told SSA that he will : never be able to work again. : So, I’m wondering if my sister is in for a shock – perhaps she is mistaken : or the SSA screwed up in the letter they sent her. : Sheryl : — —

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– Hide quoted text — Show quoted text -> Dear Folks, > My sister has been on SSDI for a few years – she has multiple problems. > However, she was initially denied twice & was approved after getting an > attorney.  She states that she will not need to be reviewed. > My question is this:  anyone know of anyone who was approved and never had > their disability status reviewed?  My mother was on disability and they > reviewed her case every two years despite the fact that her docs kept > telling SSA that she was TERMINAL.  Two months after she died we got a > letter stating that she was up for review. > My brother will never be able to work again & he is on disability with a > review period every 2 years – even though his docs told SSA that he will > never be able to work again. > So, I’m wondering if my sister is in for a shock – perhaps she is mistaken > or the SSA screwed up in the letter they sent her. > Sheryl

This is an oversimplification but SSA is supposed to review periodically  three types of impairments: medical improvement expected impairments are reviewed under 3 years; medical improvement possible, every 3 years; and medical improvement not expected, every 7 years.  SSA has great latitude under the law when it comes to doing the actual reviewing. SSA has an additional burden when determining whether disability continues.  They have to show medical improvement.  This burden of course does not exist in determining initial disability.  They also consider age and time on the rolls. Jack Share what you know. Learn what you don’t.

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 Did the parties claim permanent disabilities on their 1st application with SSA? I almost said the wrong word ‘temporarily’. If my case worker wasn`t there…If she hadn`t corrected me…Who knows? Scott

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>  Did the parties claim permanent disabilities on their 1st application > with SSA? I almost said the wrong word ‘temporarily’. > If my case worker wasn`t there…If she hadn`t corrected me…Who knows? > Scott

There’s nothing on the SSA application forms about "permanent" disability.  Under the law, disability must last or be expected to last for 12 consecutive months, or result in death. Prior to 1965 disability must have a long and continuous duration, but even then the word "permanent" wasn’t mentioned. Jack Share what you know. Learn what you don’t.

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Dear Folks, My sister has been on SSDI for a few years – she has multiple problems. However, she was initially denied twice & was approved after getting an attorney.  She states that she will not need to be reviewed.   My question is this:  anyone know of anyone who was approved and never had their disability status reviewed?  My mother was on disability and they reviewed her case every two years despite the fact that her docs kept telling SSA that she was TERMINAL.  Two months after she died we got a letter stating that she was up for review. My brother will never be able to work again & he is on disability with a review period every 2 years – even though his docs told SSA that he will never be able to work again. So, I’m wondering if my sister is in for a shock – perhaps she is mistaken or the SSA screwed up in the letter they sent her. Sheryl —

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SSA has, by law, 6 months to accept, or deny, an application for SSDI or SSI-it takes them an average of 9 months just to get to your application to deny it-therefore, they are already in violation of FEDERAL LAW-make an appointment with your Congressperson, write them a letter, go to see them personally, you’ll be surprised how fast you can get results!

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Sounds just like trying to get disability pension up in Canada.  They have told me that I should have no problem working, even though two doctors have said specifically and in great detail that I cannot ever work again.  I would like to have a chance to see the idiots who make these decisions, but this is a nameless and faceless board.  They should see me now with bag under my eyes from lack of sleep and hobbling about on my cane to find my pain killers which will dope me up but no make me sleepy.  Why is it that government officials with no medical background get to make decisions for our lives, and seem to take no notice of what our doctors are telling them?  The systems really needs to be changed.

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I am a chroic pain sufferer due to 4 failed back surgeries. I am also on SSDI…I was denied 3 times and then wised up and soought the helpof an attorney within 6 months my case wasbefore and administrative lasw judge and I was the SS denial was overturned. Sure the Lawyer gets 20% ( set by federal law) for his help but in my case it was well worth it. Not only did I get almost 2 yrs of back pay,but also am recieving a monthly check. My advice GET A LAWYER! Marty Stremlau

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How long does it take after you get denied twice and then get a lawyer to appear before the judge.  It has been 4 months now and still waiting.

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>Re: SSDI >How long does it take after you get denied twice and then get a lawyer >to appear before the judge.  It has been 4 months now and still waiting.

Ha!!! Gotcha beat!!!!!!After being denied twice, I appeared before the paperwork???? Or maybe my attorney is hand-delivering the info to all my doctors}:>) Samm

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>>How long does it take after >you get denied twice and >then get a lawyer?

Hi, It depends from state to state.  It will definitely help if you contact your Senator and Rep. – write them a letter telling them of your hardship.  They can get an answer as to what is taking so long. All the politicians have a staff that looks into these type things, I would also rattle the lawyers cage.  That is what he gets paid for!! God Bless You Michelle           "Only the good die young " – Billy Joel

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As I said before, and I’ll say again – GO SEE YOR CONGRESSPERSON- most Representatives have NO idea that FEDERAL LAW says the Social Security Administration is under strict guidelines as to how long they can take to process claims, respond to appeals, etc., etc., etc.  My partner went to see our local Congresswoman, Connie Morella- and had her SSDI in THREE WEEKS!  You have nothing to lose but your frustrations and lawyers fees! TRY IT! Susan

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I just got approved for SSDI today! after about nine months.  (I have a two-level fusion that has so far failed to fuse.)  I started by getting a law firm, Binder and Binder.  They were clueless and less than helpful as soon as I had signed a statement saying they would get paid.  I was getting nowhere until my friend and my mother started calling the SSDI claims analyst collecting all the details and pointing out the mistakes in his first reason for denial.  They were collecting these details to write a letter to my congressman and told the analyst so.  Lo and behold I did not even have to file an appeal.  The claims analyst reconsidered his decision and approved my claim.  I believe this was only because my case was becoming such a hassle for him that it was easier to approve it than deny it. Have your friends call the claims analyst and plea your case for you.  It is much harder for them to just assume that your friends are lying since they stand nothing to gain.  Good luck! db – Hide quoted text — Show quoted text ->>>How long does it take after >you get denied twice and >then get a lawyer? >Hi, >It depends from state to state.  It will definitely help if you contact your >Senator and Rep. – write them a letter >telling them of your hardship.  They can get an answer >as to what is taking so long. All the politicians have >a staff that looks into these type things, >I would also rattle the lawyers cage.  That is what he >gets paid for!! >God Bless You >Michelle >"Only the good die young " – Billy Joel >I have an update on my site with the long fight with disease and SSDI fighting >me to my gave. >Please visit my site >http://home1.gte.net/sputers/index.html >http://www.geocities.com/HotSprings/Spa/4001/ >Key ID 0xD3315AF5 >Key fingerprint =  6E62 07EC 43F8 6C69 4CA9  B3C2 D28C D624 D331 5AF5 >Public Key located in the Public Key Directory at: >              <http://www.pgp.com/> >or e-mail with Public Key as the subject line >- – - – - – - – - – - – - – - – - – - – - – - – - – >"I’m sick and tired of having to rearrange my life >    because of what the STUPIDEST people *might* do or >    how they *might* react." >       — Bill Maher

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Congratulations.  Thank you all for your advice

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:Sounds just like trying to get disability pension up in Canada.  They :have told me that I should have no problem working, even though two :doctors have said specifically and in great detail that I cannot ever :work again. snip Laura – I know that it has been quite a while since you posted this, but I’m a bit behind on the newsgroup! I fought a long but finally successful battle with the Canada Pension people. If you have any questions, please e-mail me. Have you filed an appeal? You MUST!! melanie

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>YOus eem to be vey angry,  I have to wonder if the treatment you get from these >so-called rude insensitive people is due to your rude and demanding attitude. >I find  in your post that you seem to think you deserve these benefits,  maybe >you do and maybe you don’t, however, angering the people who make those desions >is down right stupid

Con Grates I am going to try that Myself I have been trying for 2 years to get SSDI and I have gotten an Attorney.So I am writing My Congressmen.I am a site that You can write E-Mail to them if You have not been to My page I have it posted there. http://members.ecom.net/~mrmother/ Or Here is the Page to goto.To write Anyone that is an Elected Official. http://www.webslingerz.com/jhoffman/congress-email.html And Thanks for Who ever left the message about keeping track of all Doctor’s and Appointments. Every One Take Care Terry Olson

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i KNOW your frustration. i was there 3 years ago myself. one thing most people don’t realize is that 90 +% are blanketly denied. after that another 80% are denied on there second filing. by the 3rd go round, your odds go up. i heard they feel if you keep going and are willing to subject yourself to a hearing, you must be serious. well congrats, and look on the bright side, you should be receiving several thousand dollars within the next couple of months. ps, always keep good financial records, as they tend to do a 3 year audit.

Response:

also keep track of pain medication records. i was told that the amount of meds relates directly on their desicion. you may want to re-think your  decision to hire an attorney. you will have to sign away a guarantee of 25%. and they get their money first. once you sign on with one, you CANNOT fire them. besides if you are able, you stand a better chance if you do it yourself. start by collecting all records of your condition. EX doctors reports of all visits, hospital records, pharmacy and bank accounts. believe me the more info you have at the start, the quicker it will go. and keep in mind, more than 90% of all filings are denied. you just keep pushing through. it typically takes a year to settle. although you don’t get the money on the day it is settlrd, you will get it from the day you filed. figure 650.00 X’s 12. one lump sum. and you must be able to show how you lived until then.such as money from family etc. GOOD LUCK PS YOU MAY WANT TO WRITE DOWN THE PERSON’S NAME TO WHICH YOU REPLIED. CAUSE BUDDY I BET YOU WILL OWE HER AN APOLOGY. JUST WAIT TILL YOU DEAL WITH THOSE IDIOTS!

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>>YOus eem to be vey angry,  I have to wonder if the treatment you get from

these so-called rude insensitive people is due to your rude and demanding attitude.  I find  in your post that you seem to think you deserve these benefits,  maybe you do and maybe you don’t, however, angering the people who make those desions >is down right stupid >Con Grates

Anyone who blames anger at the SSDI system on the disabled person applying for it has obviously never dealt with the SSDI system and so knows nothing about it. db

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May I make a suggestion?  Please contact Physicians Disability Services Inc. Douglas Smith, Esq published a great book to help with SSDI but I do not remember the name of it.  Please call his office at 410-974-1111 or email at – Hide quoted text — Show quoted text ->>YOus eem to be vey angry,  I have to wonder if the treatment you get from > these > so-called rude insensitive people is due to your rude and demanding > attitude.  I find  in your post that you seem to think you deserve these > benefits,  maybe you do and maybe you don’t, however, angering the people > who make those desions >>is down right stupid >Con Grates > Anyone who blames anger at the SSDI system on the disabled person applying > for it has obviously never dealt with the SSDI system and so knows nothing > about it. > db

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YOus eem to be vey angry,  I have to wonder if the treatment you get from these so-called rude insensitive people is due to your rude and demanding attitude. I find  in your post that you seem to think you deserve these benefits,  maybe you do and maybe you don’t, however, angering the people who make those desions is down right stupid

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The SSDI people will do anything to deny benefits.  In my first application my case analyst specifically told me that I did not have to go to an appointment they had made for me because of the seriousness of my condition and the fact that they could get x-rays and a report from my appointment with my own a couple of days earlier.  The same analyst then denied my claim and the only reason he denied it was that I did not go to the appointment that he said I did not have to go to.  Fortunately a friend had made some of the phone calls so I had a witness that he directly lied to me.  My case has been re-opened without an appeal possibly because he would not have looked good in an appeal with a witness to say he had directly lied to me.  I believe it could be called fraud.  I am bedridden 23 hours a day drugged and in still in extreme pain.  From all the stories I have read here and elsewhere and my own experiences the SSDI program is set up to deny people no matter what for as long as it can for any reason it can. Vent vent vent db

– Hide quoted text — Show quoted text ->YOus eem to be vey angry,  I have to wonder if the treatment you get from these >so-called rude insensitive people is due to your rude and demanding attitude. >I find  in your post that you seem to think you deserve these benefits, maybe >you do and maybe you don’t, however, angering the people who make those desions >is down right stupid

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Hi, I know that several people on the list have use attorney’s in their quest to get social security disability benefits.  In these cases, do the attorney’s work on a contingency where they get a certain amount of your disability pay if you win or do you have to pay them up front? Thanks. John — John Manning

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>I know that several people on the list have use attorney’s in their quest to >get social security disability benefits.  In these cases, do the

attorney’s>work on a contingency where they >get a certain amount of your disability pay>if you win or do you have to pay them up front? The person I know who hired someone,  the lawyer got 1/3 of the settlement. They got a lump sum after 1 year of applying.

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The lawyer will only work on a contingency if the upside is great enough for them, that is, if the 1/3 of your benefits is worth their time and effort. The guess I got from my lawyer was it would need to be $2000-3000 to make it worth their time. They bill out at 250 per hour, and that’s the approximate number of hours they’d need to put in for a claim. -Rob

– Hide quoted text — Show quoted text -> Hi, > I know that several people on the list have use attorney’s in their quest to > get social security disability benefits.  In these cases, do the attorney’s > work on a contingency where they get a certain amount of your disability pay > if you win or do you have to pay them up front? > Thanks. > John > — > John Manning

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SSDI regs state the lawyer will receive 1/4 the total or $4000 , whichever is less. If you lose , the lawyer gets nothing . Since we are talking about retroactive pay , a lawyer does best when the case drags on for a while. SSDI law is the same throughout the USofA . Peace , Richard

– Hide quoted text — Show quoted text ->I know that several people on the list have use attorney’s in their quest to >get social security disability benefits.  In these cases, do the > attorney’s>work on a contingency where they >get a certain amount of your > disability pay>if you win or do you have to pay them up front? > The person I know who hired someone,  the lawyer got 1/3 of the settlement. > They got a lump sum after 1 year of applying.

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I know I have said this before, but if your financial situation allows, I highly recommend at least talking to the local Legal Aid. They have a very good record as a whole and do not charge any fee, retainer, nor do they accept any percentage of the final award. I took this route in 1988, won easily and received a retro award to 1986 with no fee’s subtracted. David D Lamborne Home: http://painlinks.org

– Hide quoted text — Show quoted text -> Hi, > I know that several people on the list have use attorney’s in their quest to > get social security disability benefits.  In these cases, do the attorney’s > work on a contingency where they get a certain amount of your disability pay > if you win or do you have to pay them up front? > Thanks. > John > — > John Manning

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Thanks for all the replies.  I guess I need to do some reading up on the particulars on applying and get the ball rolling.  Between my chronic pain and my panic disorder, it is almost impossible to do any kind of work. John — John Manning

– Hide quoted text — Show quoted text -> I know I have said this before, but if your financial situation allows, I > highly recommend at least talking to the local Legal Aid. They have a very > good record as a whole and do not charge any fee, retainer, nor do they > accept any percentage of the final award. I took this route in 1988, won > easily and received a retro award to 1986 with no fee’s subtracted. > David > D Lamborne > Home: http://painlinks.org > Hi, > I know that several people on the list have use attorney’s in their quest > to > get social security disability benefits.  In these cases, do the > attorney’s > work on a contingency where they get a certain amount of your disability > pay > if you win or do you have to pay them up front? > Thanks. > John > — > John Manning

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They usually get 25% of the back payments you will receive once they decide when you were disabled.  This takes a few months to get into place.  If you get lucky, the judge may tell you if he approves it right then, like he did for me.  Perhaps it was the 4-inch-thick Pain Journal that I had couriered over the day before the hearing?  Tee hee.  They think we make this stuff up?

– Hide quoted text — Show quoted text -> Hi, > I know that several people on the list have use attorney’s in their quest to > get social security disability benefits.  In these cases, do the attorney’s > work on a contingency where they get a certain amount of your disability pay > if you win or do you have to pay them up front? > Thanks. > John > — > John Manning

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>Thanks for all the replies.  I guess I need to do some reading up on the >particulars on applying and get the ball rolling.  Between my chronic pain >and my panic disorder, it is almost impossible to do any kind of work.

In my experience you will have a far better chance (and this comes from the mouth of the rep that approved me) with the panic disorder. Of course you need to be in treatment, but that’s a given. Good luck. I didn’t need an attorney and got approved in five months.

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>Thanks for all the replies.  I guess I need to do some reading up on

the>particulars on applying and get the ball rolling.  Between my chronic pain>and my panic disorder, it is almost impossible to do any kind of work. John, The person I know who was approved got it on the panic disorder. Also had many pain and health reasons–but the panic disorder is the one which pushed it along the fastest. Kate

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 Could someone who has gone through the SSDI process and is willing to discuss it with me via e-mail please send me a message at Thanks. John — John Manning

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After 10 months waiting and collecting county assistance I finally got my award letter for full SSD, with the first payment starting on August 28. When I was collecting the County assistance (aka county SSI) I was getting Medicaid, food stamps, and a tiny $210.00 month check.  BUT the Medicaid paid for all my scripts and doctors bills, as well as hospital bills.  I’m also a diabetic and have heart trouble with a mechanical valve, as well as blown out disks from lumbar to neck. Now I learn that I am getting SSDI and will lose my Medicaid and will have to wait 24 months from the determination of disability to collect Medicare. I will have no health care at all in one month from now, so my doctors are helping me stock up on Insulin and heart meds, and pain meds.  I think it really stinks.  If you’re disabled that means you are medically needy in the first place!  In NJ we have a program called PAAD that is pharmaceutical assistance for the aged and disabled, and I’m eligible for that which pays for any script with a $5.00 co-pay.  But I’ll have to pay cash for 3 doctors I see and will have to apply for charity care at my hospital for the next 14 months since I have a 10 month buffer where I was determined disabled, plus I will get a lump sum of about $7152.00 which will help with the doc bills until Medicare kicks in. I worked my tail off getting this disability, and expected to retain the Medicaid, but apparently I will be making too much. Larry

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 Congrats, Larry on your SSD award!! Been there, done that & doing it! I WISH I had Medicaid on SSD, but "I’m too rich"(?), so they tell me. But, we owe SO much on credit cards cuz we have to charge all of my meds usually & my husband has a few & no insurance at his job. I agree, Larry, it really isn’t fair! getting more $$$on SSD is a plus, but forget the rest! I’m glad you’re getting retroactive check…that will help ALOT! Just use it wisely! I will keep you in my prayers during this "transition". You’ll make it thru, Larry! Sounds like your docs are great & are doing all they can to help you now! I had the same kind of helpful, caring DRs in NY & at Rutgers in NJ…but not here in FLA! It is SO much better up north! When I’ve needed surgery, I hopped on a plane to Rutgers or Columbia Presby, so that I’d LIVE thru the surgeries! I wouldn’t trust the inept butchers here in "Mayberry"! I wish you the best with all of your health problems! We’re here for you for whatever you need! Take care  ~Stacie~    Larry shares his good news, but….. After 10 months waiting and collecting county assistance I finally got my award letter for full SSD, with the first payment starting on August 28. When I was collecting the County assistance (aka county SSI) I was getting Medicaid, food stamps, and a tiny $210.00 month check. BUT the Medicaid paid for all my scripts and doctors bills, as well as hospital bills. I’m also a diabetic and have heart trouble with a mechanical valve, as well as blown out disks from lumbar to neck. Now I learn that I am getting SSDI and will lose my Medicaid and will have to wait 24 months from the determination of disability to collect Medicare. I will have no health care at all in one month from now, so my doctors are helping me stock up on Insulin and heart meds, and pain meds. I think it really stinks. If you’re disabled that means you are medically needy in the first place! In NJ we have a program called PAAD that is pharmaceutical assistance for the aged and disabled, and I’m eligible for that which pays for any script with a $5.00 co-pay. But I’ll have to pay cash for 3 doctors I see and will have to apply for charity care at my hospital for the next 14 months since I have a 10 month buffer where I was determined disabled, plus I will get a lump sum of about $7152.00 which will help with the doc bills until Medicare kicks in. I worked my tail off getting this disability, and expected to retain the Medicaid, but apparently I will be making too much. Larry

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Larry, Not for sure I think you get insulin with Medicare.  Oh yeah the waiting period.  Yes one year is hard to come by. Bonner

– Hide quoted text — Show quoted text -> After 10 months waiting and collecting county assistance I finally got my > award letter for full SSD, with the first payment starting on August 28. > When I was collecting the County assistance (aka county SSI) I was getting > Medicaid, food stamps, and a tiny $210.00 month check.  BUT the Medicaid > paid for all my scripts and doctors bills, as well as hospital bills.  I’m > also a diabetic and have heart trouble with a mechanical valve, as well as > blown out disks from lumbar to neck. > Now I learn that I am getting SSDI and will lose my Medicaid and will have > to wait 24 months from the determination of disability to collect Medicare. > I will have no health care at all in one month from now, so my doctors are > helping me stock up on Insulin and heart meds, and pain meds.  I think it > really stinks.  If you’re disabled that means you are medically needy in the > first place!  In NJ we have a program called PAAD that is pharmaceutical > assistance for the aged and disabled, and I’m eligible for that which pays > for any script with a $5.00 co-pay.  But I’ll have to pay cash for 3 doctors > I see and will have to apply for charity care at my hospital for the next 14 > months since I have a 10 month buffer where I was determined disabled, plus > I will get a lump sum of about $7152.00 which will help with the doc bills > until Medicare kicks in. > I worked my tail off getting this disability, and expected to retain the > Medicaid, but apparently I will be making too much. > Larry

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> wait 24 months from the determination of disability to collect Medicare.

24 months from the date of ONSET not the date of determination.  So if you were found disabled as of 5/01 you would get Medicare in 5/03. Medicare does not cover much in terms of medications. Nessa — I don’t have issues I have subscriptions www.nessa.info

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I thought it was 24 months from the date of application, not from date of determination….write to your Congressman, this is such a bad deal within the system, just getting SSDI could be a Death Sentence for you because of the insurance lapse. Maybe your State has a Medicaid buy-in program in the works? Even if your lump sum was squandered paying back bills and loans off and Medical Expenses that are current, going below the asset limit that SSI requires ("the financial straightjacket", I call it) will not qualify you for SSI since your SSDI income will still be too high. Maybe the State can qualify you for Medicaid once your asets fall below a State Mandated Threshold: Which in New Jersey would be $2000 of household goods excluded, 1 set of wedding rings excluded, 1 car of $4500 value or less (or if  used for medical purposes (?)); up to $6000 of income producing property, if the property produces 6% return on excluded equity; Life Insurance excluded up to $1500 face value; Burial plots excluded; and Burial Funds excluded up to $1500 if in revocable contract, unlimited if in unrevocable contract. I got this information from a book called "Avoiding The Medicaid Trap, How Every American Can Beat The Catastrophic Costs Of Nursing Home Care" by Armond D. Budish, 3rd Edition (copyright 1989, 1990, 1995). Covers all the latest changes in Federal Medicaid Laws. I got it for $15 paperback, 344 pages, large size book as a special order at a popular book seller chain. It may be out of print as the Author’s first chapter Prologue is titled "The Most Dangerous Book In The Country". He has been legislatively attacked for his previous editions by an executive task force in Ohio appointed by the Governor that in essence stated that "any attorney, financial planner, or other professional bold enough to advise the public about how they could legally plan to obtain Medicaid benefits would be criminally prosecuted and have their licenses yanked,…it was called the "Budish Bill" and was aimed squarely at the author."  The bill did not pass despite heavy pro-lobbying for the bill by a national long-term care insurance lobbying organization. Getting information can be extremely hazardous and impossible at times (if not all the time) and that is why you are posting to this board. Also, since the latest edition I have was printed before Welfare Reform came along and also the notion of "sliding-scale fee Medicaid" was unheard of back then, the information I have may be partially out of date already. The US government wants to trash this country like India and leave millions of people homeless living in Shanty Towns as a near-term solution to its’ thievery of the US Treasury. This decade aaaaaaaaaand the next ones will be extremely telling about this social policy, much less how notions of criticallity are ignored.

– Hide quoted text — Show quoted text -> Larry, > Not for sure I think you get insulin with Medicare.  Oh yeah the waiting > period.  Yes one year is hard to come by. > Bonner > After 10 months waiting and collecting county assistance I finally got my > award letter for full SSD, with the first payment starting on August 28. > When I was collecting the County assistance (aka county SSI) I was getting > Medicaid, food stamps, and a tiny $210.00 month check.  BUT the Medicaid > paid for all my scripts and doctors bills, as well as hospital bills. I’m > also a diabetic and have heart trouble with a mechanical valve, as well as > blown out disks from lumbar to neck. > Now I learn that I am getting SSDI and will lose my Medicaid and will have > to wait 24 months from the determination of disability to collect > Medicare. > I will have no health care at all in one month from now, so my doctors are > helping me stock up on Insulin and heart meds, and pain meds.  I think it > really stinks.  If you’re disabled that means you are medically needy in > the > first place!  In NJ we have a program called PAAD that is pharmaceutical > assistance for the aged and disabled, and I’m eligible for that which pays > for any script with a $5.00 co-pay.  But I’ll have to pay cash for 3 > doctors > I see and will have to apply for charity care at my hospital for the next > 14 > months since I have a 10 month buffer where I was determined disabled, > plus > I will get a lump sum of about $7152.00 which will help with the doc bills > until Medicare kicks in. > I worked my tail off getting this disability, and expected to retain the > Medicaid, but apparently I will be making too much. > Larry

Response:

| | > wait 24 months from the determination of disability to collect Medicare. | | 24 months from the date of ONSET not the date of determination.  So if you | were found disabled as of 5/01 you would get Medicare in 5/03. | | Medicare does not cover much in terms of medications. Note it is 24 + 5 for medicare coverage as there is a five month waiting period before benifits begin.

Response:

>>> wait 24 months from the determination of disability to collect Medicare. > 24 months from the date of ONSET not the date of determination.  So if you > were found disabled as of 5/01 you would get Medicare in 5/03. > Medicare does not cover much in terms of medications. > Note it is 24 + 5 for medicare coverage as there is a five month waiting > period before benifits begin.

i stand corrected.  sorry I was tired.  it should be 24 months from the date of eligibility. Nessa — I don’t have issues I have subscriptions www.nessa.info

Response:

This is a huge problem.  I work with AIDS patients and what are they supposed to do? Their medications are EXTREMELY expensive, and those on MEDICARE who cannot afford any medigap coverage, are just screwed.  Some states have AIDS DRUG ASSISTANCE PLANS which help, some, but their formularies do not cover all AIDS meds. IMHO, if you have a chronic illness, it is better to be POOR and qualify for MEDICAID, than to get a few dollars more in your monthly check, and have either 1. no health insurance at all during the 29 month "gap’ period, or 2. Medicare only, with no prescription drug coverage. Here in Wash DC, SSI pays $530/month, but the person also qualifies immediately for MEDICAID, which covers all doctors, medications, durable equipment, etc. with almost no co-pays or deductibles.  

Response:

- Hide quoted text — Show quoted text – >This is a huge problem.  I work with AIDS patients and what are they supposed >to do? Their medications are EXTREMELY expensive, and those on MEDICARE who >cannot afford any medigap coverage, are just screwed.  Some states have AIDS >DRUG ASSISTANCE PLANS which help, some, but their formularies do not cover all >AIDS meds. >IMHO, if you have a chronic illness, it is better to be POOR and qualify for >MEDICAID, than to get a few dollars more in your monthly check, and have either >1. no health insurance at all during the 29 month "gap’ period, or 2. Medicare >only, with no prescription drug coverage. >Here in Wash DC, SSI pays $530/month, but the person also qualifies immediately >for MEDICAID, which covers all doctors, medications, durable equipment, etc. >with almost no co-pays or deductibles.  

FWIW, I feel compelled to point out that some (able-bodied) people don’t work for the exact same reason.  They can’t afford not to be covered by Medicaid. I don’t know how many don’t for the health insurance reason and how many don’t just because they’re lazy (and, despite what is reported in "the media", neither does anyone else). Jon Miller

Response:

> FWIW, I feel compelled to point out that some (able-bodied) people don’t > work for the exact same reason.  They can’t afford not to be covered by > Medicaid. > I don’t know how many don’t for the health insurance reason and how many > don’t just because they’re lazy (and, despite what is reported in "the > media", neither does anyone else).

People who are in good health don’t use the loss of Medicaid as an excuse not to work. That’s got to be a very small percentage. — Tattered Maggie

Response:

– Hide quoted text — Show quoted text -> FWIW, I feel compelled to point out that some (able-bodied) people don’t > work for the exact same reason.  They can’t afford not to be covered by > Medicaid. > I don’t know how many don’t for the health insurance reason and how many > don’t just because they’re lazy (and, despite what is reported in "the > media", neither does anyone else). > People who are in good health don’t use the loss of Medicaid as an excuse > not to work. That’s got to be a very small percentage. > — > Tattered Maggie

Actually, my husband does work and our entire family still qualifies for medicaid. We do not even have a spend down.. we pay nothing for rx’s and doctors visits. As long as you are below a certain income and you have children under the age of 18 in the home, you could possibly qualify for Healthy Start/Medicaid. Anyone needing more information about this please contact me via email. I would be happy to try to point you in the right direction for your state and situation.    Tammy

Response:

>Actually, my husband does work and our entire family still qualifies for >medicaid. We do not even have a spend down.. we pay nothing for rx’s and >doctors visits. As long as you are below a certain income and you have >children under the age of 18 in the home, you could possibly qualify for >Healthy Start/Medicaid. Anyone needing more information about this please >contact me via email. I would be happy to try to point you in the right >direction for your state and situation. >   Tammy

A welfare family, how cool.  Unable to provide for themselves they ask for handouts from the Gov’t.

Response:

>Now I learn that I am getting SSDI and will lose my Medicaid and will have >to wait 24 months from the determination of disability to collect Medicare.

You don’t have to wait 24 months. You wait  24 months from the date you APPLIED (this is what I was told). So, you would only have 14 months. I know, a long time, but not as long as 24 months. Nikki ******* I am who I am You’re approval is neither Desired nor required ******* "When you throw mud at someone, remember you are the one who is losing ground." ******* "He that can’t endure the bad will not live to see the good." *******

Response:

>>> wait 24 months from the determination of disability to collect Medicare. >> 24 months from the date of ONSET not the date of determination.  So if you >> were found disabled as of 5/01 you would get Medicare in 5/03. >> Medicare does not cover much in terms of medications. > Note it is 24 + 5 for medicare coverage as there is a five month waiting > period before benifits begin. >i stand corrected.  sorry I was tired.  it should be 24 months from the date

Whoops…here too. Same reason. Nikki ******* I am who I am You’re approval is neither Desired nor required ******* "When you throw mud at someone, remember you are the one who is losing ground." ******* "He that can’t endure the bad will not live to see the good." *******

Response:

Hi, I have just recently been turned down on my first request for social security disability.  I am going to send in the form for my first appeal(reconsideration).  Is there any benefit to having an attorney involved at this point since you don’t actually go before a judge or anything? TIA, John — John Manning

Response:

> Hi, > I have just recently been turned down on my first request for social > security disability.  I am going to send in the form for my first > appeal(reconsideration).  Is there any benefit to having an attorney > involved at this point since you don’t actually go before a judge or > anything? > TIA, > John

The reason most people get turned down is a lack of medical documentation. A letter from your doctor saying you are disabled is not enough. You have to explain *in detail* exactly why your ailment disables you. This would include details of how long you can sit, stand and walk. Typically, you should not be able to sit, stand or walk more than 30 minutes at a time. There are forms available that your doctor can fill out, usually about 6 or more pages, going into specific detail about various aspects of your illness and how it efffects your life. These forms are *criticial* to getting accepted if you are rejected the first time out. You have to find a doctor who agrees that you are disabled, and is willing to put the "right" answers on the form. If you can, for example, walk 3 hours in agonizing pain with superhuman effort, it would not be wise to report this, since it is unlikely you would be able to sustain such effort on a daily basis. If you have severe pain after 10 minutes of walking, put that fact in instead. Most lawyers will make you fill out some kind of form like this. I understand that forms asking detailed questions are available through the SSA, but they are not too forthright in telling you this and may even deny it. So check more than one source. Since the medical evidence on that form, and not the lawyer, is what is going to make or break your case, you can save yourself some time, money and heartache in the process by filling out this form with your doctor and submitting it promptly with your request for review. It shouldn’t require a lawyer at this stage, though make sure you have one if you get rejected again. Also make sure you have a doctor with a soul, and not one in need of a full rectal craniotomy. Don’t supply any reports from doctors who don’t think you’re disabled. Also, it is generally easier to get SSD for a psychiatric rather than a physical ailment, so be sure to get a full psychiatric workup and, if your psychiatrist thinks depression or other factors rise to the level of a disability, have him document that–again, with a detailed form indicating how it disables you. The Social Security Admin has a book called "The Blue Book" which details how disability is determined. I seem to recall it being available online through their website at: http://www.ssa.gov But the site is down at the moment and I couldn’t check. But definitely check that out. Your ailment may be on the list of "scheduled disbilities" (which means an almost automatic approval if certain criteria are met),  and you were denied for some bogus reason, and you may get a better idea if your ailment qualifies you for disability. If you have any other questions, let me know. I may have unofficial copies of the kind of forms I am talking about, and I can mail them to you at your request, and there is also a similar worksheet in the back of the book, "Fibromyalgia and Myofascial Pain Syndrome, 2d edition" by Devin Starlanyl. Though it is oriented towards fibro, it can give you an idea of the kind of info your doctor needs to supply. But check with SSA first to see what forms they have. Just ask if they have a form that will enable you to supply medical evidence in detail. It is a shame that anyone should have to pay a lawyer and sue their own government for benefits that you are entitled to by virtue of paying into the system and the fact that you’re disabled. It is also a shame that SSA doesn’t let you know the rules of the game upfront, rather than torturing you for months and years. Good luck, Sean C

Response:

Thanks. I have two doctors(primary care and pain management) and a psychologist that will fill out the form in a heartbeat.  I just need to find out what the form is. John — John Manning

– Hide quoted text — Show quoted text -> Hi, > I have just recently been turned down on my first request for social > security disability.  I am going to send in the form for my first > appeal(reconsideration).  Is there any benefit to having an attorney > involved at this point since you don’t actually go before a judge or > anything? > TIA, > John > The reason most people get turned down is a lack of medical > documentation. A letter from your doctor saying you are disabled is not > enough. You have to explain *in detail* exactly why your ailment > disables you. This would include details of how long you can sit, stand > and walk. Typically, you should not be able to sit, stand or walk more > than 30 minutes at a time. > There are forms available that your doctor can fill out, usually about > 6 or more pages, going into specific detail about various aspects of > your illness and how it efffects your life. These forms are *criticial* > to getting accepted if you are rejected the first time out. You have to > find a doctor who agrees that you are disabled, and is willing to put > the "right" answers on the form. If you can, for example, walk 3 hours > in agonizing pain with superhuman effort, it would not be wise to > report this, since it is unlikely you would be able to sustain such > effort on a daily basis. If you have severe pain after 10 minutes of > walking, put that fact in instead. > Most lawyers will make you fill out some kind of form like this. I > understand that forms asking detailed questions are available through > the SSA, but they are not too forthright in telling you this and may > even deny it. So check more than one source. Since the medical evidence > on that form, and not the lawyer, is what is going to make or break > your case, you can save yourself some time, money and heartache in the > process by filling out this form with your doctor and submitting it > promptly with your request for review. It shouldn’t require a lawyer at > this stage, though make sure you have one if you get rejected again. > Also make sure you have a doctor with a soul, and not one in need of a > full rectal craniotomy. Don’t supply any reports from doctors who don’t > think you’re disabled. > Also, it is generally easier to get SSD for a psychiatric rather than a > physical ailment, so be sure to get a full psychiatric workup and, if > your psychiatrist thinks depression or other factors rise to the level > of a disability, have him document that–again, with a detailed form > indicating how it disables you. > The Social Security Admin has a book called "The Blue Book" which > details how disability is determined. I seem to recall it being > available online through their website at: > http://www.ssa.gov > But the site is down at the moment and I couldn’t check. But definitely > check that out. Your ailment may be on the list of "scheduled > disbilities" (which means an almost automatic approval if certain > criteria are met),  and you were denied for some bogus reason, and you > may get a better idea if your ailment qualifies you for disability. > If you have any other questions, let me know. I may have unofficial > copies of the kind of forms I am talking about, and I can mail them to > you at your request, and there is also a similar worksheet in the back > of the book, "Fibromyalgia and Myofascial Pain Syndrome, 2d edition" by > Devin Starlanyl. Though it is oriented towards fibro, it can give you > an idea of the kind of info your doctor needs to supply. But check with > SSA first to see what forms they have. Just ask if they have a form > that will enable you to supply medical evidence in detail. > It is a shame that anyone should have to pay a lawyer and sue their own > government for benefits that you are entitled to by virtue of paying > into the system and the fact that you’re disabled. It is also a shame > that SSA doesn’t let you know the rules of the game upfront, rather > than torturing you for months and years. > Good luck, > Sean C

Response:

About 60% or more of people get turned down the first time…so don’t take it as an insult. You can apply for a reconsideration, and get a lawyer at this stage so that he/she can get familiar with your case and be ready for the ALJ level if needed (Administrative Law Judge). Also, a lawyer will make sure that your doctors send the necessary reports in, and he/she will get a copy of them as well. It is best to get a lawyer that ONLY deals with SSDI/SSI cases. Also, make sure the lawyer does not charge you up front (I initially called a lawyer that wanted to do this). Good Disability lawyers will get 25% or $4000 of your total settlement…whichever is LESS. Don’t go for one that wants money up front. Remember, Social Security (OR DDS, which really makes the decision about your case…that stands for Disability Determination Services…you will probably get more paperwork to fill out from them when you send in your reconsideration)…anyhow, social security or DDS doesn’t really care about what illnesses you have…it’s HOW and WHY they disable you. So, getting a lawyer at this point is a good idea, so that they can get an idea of your case and file the reconsideration for you. My lawyer is based in Virginia, but comes to my state for cases like mine. A lot of lawyers will do this. I will also send you information about a GREAT email list to join regarding social security disability. I don’t want to scare you, but it can be a battle for SSI/SSDI. I meet the criteria several times over and am still fighting. It’s taking a long time now because I am waiting for another hearing and where I live they are REALLY backed up, so I could be waiting another 12 months, although my lawyer told me he is going to push it and try to get in sooner than that. I have true medical conditions that meet the criteria, but I also had problems with the medical records person at my Rheumatologist sending in paperwork, so I think that’s part of why I have been denied. Also, I have been waiting MONTHS for referrals though my insurance to see some of my doctors and this also does not look good to disability determination services (DDS). They want to see you seeking treatment on a regular basis. But in my case, they do understand the insurance problems. It’s just the way it goes for some people…they have to fight even though the disabilities are clear to everyone, and to the lawyers, doctors, etc, like in my case. I have no doubt that I will be approved…I just have to stay on top of things and make sure that things get done. Also, MAKE COPIES OF EVERYTHING! I have folders FULL of copies of the things I have sent in to both social security and DDS. I am very organized when it comes to that, and have kept a copy of everything, just in case social security or DDS has claimed that that "lost" something. This saves you from having to fill out the paperwork again—you can just send in a copy of what you sent them (and of course, make more copies). I will email you a bit later (have to run now) with some information that you might be able to use. I wish you good luck, and hope that things work out for you. If you want to email me, please do. Take care, and look for email from me a little later! Nikki – Hide quoted text — Show quoted text – >Hi, >I have just recently been turned down on my first request for social >security disability.  I am going to send in the form for my first >appeal(reconsideration).  Is there any benefit to having an attorney >involved at this point since you don’t actually go before a judge or >anything? >TIA, >John >– >John Manning

******* I am who I am You’re approval is neither Desired nor required ******* "When you throw mud at someone, remember you are the one who is losing ground." ******* "The way to love anything is to realize that it might be lost" *******

Response:

> About 60% or more of people get turned down the first time…so don’t take it > as an insult. You can apply for a reconsideration, and get a lawyer at this > stage so that he/she can get familiar with your case and be ready for the ALJ > level if needed (Administrative Law Judge). Also, a lawyer will make sure that > your doctors send the necessary reports in, and he/she will get a copy of them > as well. It is best to get a lawyer that ONLY deals with SSDI/SSI cases.

Minor quibble:  a lawyer can do more than one thing well.  But you need one that specializes in SSDI.  So if they do something else, they’d better not do much else. I went with a firm that specializes in SSDI as well as WC and personal injury.  My lawyer is the one that specializes in SSDI.  One advantage of going with a firm (rather than a particular lawyer) is that some young lawyer can do the leg work and be supervised by someone who knows the ropes. > Also, make sure the lawyer does not charge you up front (I initially called a > lawyer > that wanted to do this). Good Disability lawyers will get 25% or $4000 of your > total settlement…whichever is LESS.

According to social security rules, that’s all they can get.  A lawyer who is not "social security certified" can’t represent you at the legal stages (appeals after the ALJ rules) and (I’m not sure about this) may not even be allowed to sit with you at the administrative hearing stage.  No matter what, they are not allowed to represent you at the administrative hearing, you must do that yourself. That aside, the first thing your attorney does is make sure you’ve got your ducks all lined up in a row.  Part of that is making sure you’ve answered your parts correctly and making sure the medical records are all there for the ALJ to see.  In order to do that, he’s got to see the medical records, which means you have to sign a release authorizing the doctors to release the records to him. Of course, you can pay anyone to assist you (depending on how you define assist: only lawyers can provide *legal* [as opposed to general] advice), but it makes sense to pay someone who knows what they’re doing.  You can’t ever guarantee this, but prior experience is about your best guide. If you know anyone local who’s been through it, you should certainly ask for their experience. > Don’t go for one that wants money up front.

That’s a hint that he’s either a shyster or an incompetent.  Or both. Jon Miller

Response:

Keep the faith, a lot of people are turned down on the first request.  I am sure that if you persist you will win. Good Luck, John Mann

– Hide quoted text — Show quoted text -> Well, got my Christmas present from SS today, turned down on first > attempt. I guess I will appeal, get turned down and hope for the best > with the jug de. I guess I will sit down with my lawyer next and see > what he has to say. This stuff is defeating, I don’t know how people > endure. I have an uninterrupted, 36 yr  history of paying into SS and > have a legitimate problem after two cervical surgeries. I really hope > the system works like it is supposed to for me. > Crafty

Response:

Hey, Crafty, I was turned down my first and second times.  I do have to admit that their timing sucks, letting you know the day after Christmas. Hang in there. — The Mouse No cute quote; deal with it. AIM ID:  JSHMTE ICQ# 9049058

– Hide quoted text — Show quoted text -> Well, got my Christmas present from SS today, turned down on first > attempt. I guess I will appeal, get turned down and hope for the best > with the jug de. I guess I will sit down with my lawyer next and see > what he has to say. This stuff is defeating, I don’t know how people > endure. I have an uninterrupted, 36 yr  history of paying into SS and > have a legitimate problem after two cervical surgeries. I really hope > the system works like it is supposed to for me. > Crafty

Response:

Crafty, Same type of deal happened to me. 2 denials then the judge. The hearing is not too bad, just the months of wait was the worst while I was going bankrupt.  I was really bummed about the denials. My doc emailed me and said that was fairly normal procedure.  Hang tough it will work out. It is rough to swallow filling out the same forms over and over again. I didn’t think I could get through it – but I made it after some cursing.  Matt

– Hide quoted text — Show quoted text -> Well, got my Christmas present from SS today, turned down on first > attempt. I guess I will appeal, get turned down and hope for the best > with the jug de. I guess I will sit down with my lawyer next and see > what he has to say. This stuff is defeating, I don’t know how people > endure. I have an uninterrupted, 36 yr  history of paying into SS and > have a legitimate problem after two cervical surgeries. I really hope > the system works like it is supposed to for me. > Crafty

Response:

Don’t give up….and I would not sign on with an attorney, giving up so much of your money, just yet.  I would do as much research as possible and try to do the appeal or second request.  I have seen that "new" requests as opposed to appeals do better if you fill out the paper work (all those 50 or so pages) with as much detail and documentation as possible.  I was turned down the first time and did not appeal but filed a new claim.  I took 3 months to get every supporting document I could find and my package was over 175 pages when I turned it in.  They had so much documentation and medical opinions of my injury and medical status they could not deny me the second time and I did it without any lawyers.. Don’t give up….you can win if your truly in need and I know you are. Unfortunately, most go into tremendous debt before finally getting approved, like me.  I am now starting to recover financially and asking my creditors to help me out.  I have already used up my 401K and IRA not to mention sold my home, car and personal belongings..oh well…nothing like a fresh start as I say…!

– Hide quoted text — Show quoted text -> Well, got my Christmas present from SS today, turned down on first > attempt. I guess I will appeal, get turned down and hope for the best > with the jug de. I guess I will sit down with my lawyer next and see > what he has to say. This stuff is defeating, I don’t know how people > endure. I have an uninterrupted, 36 yr  history of paying into SS and > have a legitimate problem after two cervical surgeries. I really hope > the system works like it is supposed to for me. > Crafty

Response:

>  I would do as much research as possible and try to > do the appeal or second request.  I have seen that "new" requests as >opposed > to appeals do better if you fill out the paper work (all those 50 or >so > pages) with as much detail and documentation as possible.  I was >turned down > the first time and did not appeal but filed a new claim.

Depending on your established onset date once the claim is approved, you could lose retroactive benefits if you give up on an appeal in favor of a new claim. Jack

Response:

Very true…so what is the trade off?…either give up on some retro benefits or get them but have to give up a share to a shyster lawyer?…sorry…I just hate lawyers…maybe that is skewing my point of view….lol… – Hide quoted text — Show quoted text ->  I would do as much research as possible and try to > do the appeal or second request.  I have seen that "new" requests as >opposed > to appeals do better if you fill out the paper work (all those 50 or >so > pages) with as much detail and documentation as possible.  I was >turned down > the first time and did not appeal but filed a new claim. > Depending on your established onset date once the claim is approved, > you could lose retroactive benefits if you give up on an appeal in > favor of a new claim. > Jack

Response:

> Very true…so what is the trade off?…either give up on some retro > benefits or get them but have to give up a share to a shyster > lawyer?…sorry…I just hate lawyers…maybe that is skewing my >point of > view….lol…

Don’t even consider a shyster until the recon (1st appeal level) is denied.  Also, I’m unaware of any studies that show that a new application is more likely than an appeal to result in an allowance. Jack

– Hide quoted text — Show quoted text -> >  I would do as much research as possible and try to > > do the appeal or second request.  I have seen that "new" requests as > >opposed > > to appeals do better if you fill out the paper work (all those 50 or > >so > > pages) with as much detail and documentation as possible.  I was > >turned down > > the first time and did not appeal but filed a new claim. > Depending on your established onset date once the claim is approved, > you could lose retroactive benefits if you give up on an appeal in > favor of a new claim. > Jack

Response:

    It took me Three years to get on ss Disability. And Thats with no left leg. Diabities, Asthma and artritis.      Go down and click on Chronic pain Club house. there is a link on there to social security & Medicare. You might get some helpful info from there.                     Good Luck,                    Lee Crossley     ~wishing you many pain free days~

Response:

As several have mentioned here, Social Security looks for every opportunity to turn you down especially on your first try.  I was even sent to THEIR doctor who gave me a worse prognosis than my doctor did and they still turned me down the second time.  It’s interesting that between my case appearing before the judge someone took another look at my case and determined that I was indeed elgible.  Why?  I think it was because I had contacted my Representative Ben Cardin who put a Congressional Inquirey on my case – plus I had a lawyer. I suggest you contact your Congressman/woman and get a lawyer and then let them take the worry from you.  There needs to be big time reform in our Social Security system.  The large majority of applicants have worked all of their lives and should not be hassled to receive benefits when benefits are needed because of disability.  I have a brain injury from an auto accident, diabetes, chronic depression, Polymyalgia Rheumatica, diverticular disease, Irritable bowel syndrome and other painful diseases and conditions.  I was eventually awarded benefits for the brain injury. Again, contact a lawyer, your congressman, and keep giving them hell until you get what you deserve! John

– Hide quoted text — Show quoted text -> Well, got my Christmas present from SS today, turned down on first > attempt. I guess I will appeal, get turned down and hope for the best > with the jug de. I guess I will sit down with my lawyer next and see > what he has to say. This stuff is defeating, I don’t know how people > endure. I have an uninterrupted, 36 yr  history of paying into SS and > have a legitimate problem after two cervical surgeries. I really hope > the system works like it is supposed to for me. > Crafty

Response:

> As several have mentioned here, Social Security looks for every >opportunity > to turn you down especially on your first try.

There is no written or "hidden" policy requiring adjudicators to look for every opportunity to deny your claim.  The process is non- adversarial. > I was even sent to THEIR > doctor who gave me a worse prognosis than my doctor did and they still > turned me down the second time.

It is not THEIR doctor, but an independent contractor, who does not understand all the medico-legal requirements of the Act and pursuant regulations.  The independent contractor’s function is to provide medical evidence and a medical assesment when the evidence submitted by your MD is insufficient. > It’s interesting that between my case > appearing before the judge someone took another look at my case and > determined that I was indeed elgible.  Why?

It could be that your condition worsened or that more evidence was produced at the hearings level.  Ideally, every claimant would be observed first-hand by the decisionmaker right from the beginning, the initial application, with medical and vocational experts testifying, but this is just not feasible. > I think it was because I had > contacted my Representative Ben Cardin who put a Congressional >Inquirey on > my case –

When a Representative or Senator inquires on behalf of a beneficiary, the case is flagged for expeditious handling BUT such inquiry does not (or rarely) sway(s) the adjudicator.  In many instances, Congressional inquiries slow down the case processing because the folder has to be pulled, entered into the system, flagged, etc.  Also, the agency must take time to prepare a letter to the Representative/Senator BEFORE notifying you of the decision, so that the Rep/Sen can contact you first. > plus I had a lawyer.

A lawyer should be used when the case progresses to the hearings level. > There needs to be big time reform in our > Social Security system.  The large majority of applicants have worked >all of > their lives and should not be hassled to receive benefits when >benefits are > needed because of disability.

The disability program has loads of problems.  Arguably, its worse flaw is that it has become fragmented instad of a national program as Congress intended.  This can be attributed to different circuit court decisions in various parts of the country, and SSA’s practice of adopting those decisions as regional policy, instead of merely acquiescing to the decision only for the particular case in question. You complain of denials that should have been allowances.  You should be aware of the fact that the reverse is also true. Jack

Response:

- Hide quoted text — Show quoted text -> As several have mentioned here, Social Security looks for every >opportunity > to turn you down especially on your first try. >There is no written or "hidden" policy requiring adjudicators to look >for every opportunity to deny your claim.  The process is non- >adversarial. > I was even sent to THEIR > doctor who gave me a worse prognosis than my doctor did and they still > turned me down the second time. >It is not THEIR doctor, but an independent contractor, who does not >understand all the medico-legal requirements of the Act and pursuant >regulations.  The independent contractor’s function is to provide >medical evidence and a medical assesment when the evidence submitted by >your MD is insufficient.

Who pays this "independent" contractor? Who does he/she work for? Certainly not the applicant. I had a friend who’s husband was dying of bone cancer, was emaciated to 98 pounds, and couldn’t leave Mayo Clinic, and was still turned down 2 times. He died while still waiting. How can you say that this is not adversarial in nature, and that the turndowns are not automatic? I find the whole thing stinks of hidden policy. > It’s interesting that between my case > appearing before the judge someone took another look at my case and > determined that I was indeed elgible.  Why? >It could be that your condition worsened or that more evidence was >produced at the hearings level.  Ideally, every claimant would be >observed first-hand by the decisionmaker right from the beginning, the >initial application, with medical and vocational experts testifying, >but this is just not feasible.

So, all of a sudden this evidence was magically found between denial and the next stage. I take it that this person got satisfaction without anything changing, other than the fact that he got representation. If this is so, we must believe that it was the Representative who made the difference, and not any real evidence that changed. SSI/SSDI is insurance, just as any other, and we all know how corrupt the private insurance industry has become. Why is it taboo to suspect the same thing of SSI/SSDI, just because it’s a government agency? Private insurance wants to keep our money we put in through premiums, and our government wants to keep ours,too, since they make more money by holding onto it as long as possible. I know many people in the agency want to help, and don’t intentionally try to screw people over, but it is inherent in the system, I believe. This is just my opinion, and I don’t want to start a major argument, since I am not saying anything directly insulting to any employees of the SSI/SSDI agencies. Please take this the way I intend it. I am merely pointing out what I have observed, and that’s all. Trailingvine – Hide quoted text — Show quoted text -> I think it was because I had > contacted my Representative Ben Cardin who put a Congressional >Inquirey on > my case – >When a Representative or Senator inquires on behalf of a beneficiary, >the case is flagged for expeditious handling BUT such inquiry does not >(or rarely) sway(s) the adjudicator.  In many instances, Congressional >inquiries slow down the case processing because the folder has to be >pulled, entered into the system, flagged, etc.  Also, the agency must >take time to prepare a letter to the Representative/Senator BEFORE >notifying you of the decision, so that the Rep/Sen can contact you >first. > plus I had a lawyer. >A lawyer should be used when the case progresses to the hearings level. > There needs to be big time reform in our > Social Security system.  The large majority of applicants have worked >all of > their lives and should not be hassled to receive benefits when >benefits are > needed because of disability. >The disability program has loads of problems.  Arguably, its worse flaw >is that it has become fragmented instad of a national program as >Congress intended.  This can be attributed to different circuit court >decisions in various parts of the country, and SSA’s practice of >adopting those decisions as regional policy, instead of merely >acquiescing to the decision only for the particular case in question. >You complain of denials that should have been allowances.  You should >be aware of the fact that the reverse is also true. >Jack

http://communities.msn.com/TrailingvinesPlace A place to hang out and share All are invited! "Never let it be said I didn’t do the least that I could do." Hawkeye Pierce/M*A*S*H

Response:

> >It is not THEIR doctor, but an independent contractor, > Who pays this "independent" contractor? Who does he/she work for? > Certainly not the applicant.

Would you feel better if the law required the applicant to pay for the examination?  Also, keep in mind, that SSA first tries to contract with YOUR physician to do the consultative exam.  In many cases, your physician demurs. > I had a friend who’s husband was dying of bone cancer, was emaciated > to 98 pounds, and couldn’t leave Mayo Clinic, and was still turned > down 2 times. He died while still waiting.

I’ve seen similar cases as well as cases where the individual was allowed with absolutely nothing wrong with him. > How can you say that this > is not adversarial in nature, and that the turndowns are not > automatic? I find the whole thing stinks of hidden policy.

Then you suffer from paranoid delusions.  There is no hidden policy to deny or discourage claimants. >> It’s interesting that between my case >> appearing before the judge someone took another look at my case and >> determined that I was indeed elgible.  Why? >It could be that your condition worsened or that more evidence was >produced at the hearings level.  Ideally, every claimant would be >observed first-hand by the decisionmaker right from the beginning, >the >initial application, with medical and vocational experts testifying, >but this is just not feasible. > So, all of a sudden this evidence was magically found between denial > and the next stage.

In some instances, the claimant remembers or is prodded into remembering a medical source that he previously forgot or didn’t think was important. > I take it that this person got satisfaction > without anything changing, other than the fact that he got > representation. If this is so, we must believe that it was the > Representative who made the difference, and not any real evidence that > changed.

There should always be a representative at the hearings level, because he knows what questions to ask of the medical and, especially, the vocational expert during cross-examination.  Also, as stated earlier, the ALJ can observe the claimant first-hand.  This just isn’t feasible at the earlier adjudicative levels, except in certain experimental models and certain SSI cases. > SSI/SSDI is insurance, just as any other, and we all know how corrupt > the private insurance industry has become. Why is it taboo to suspect > the same thing of SSI/SSDI, just because it’s a government agency? > Private insurance wants to keep our money we put in through premiums, > and our government wants to keep ours,too, since they make more money > by holding onto it as long as possible.

Did you ever hear of checks and balances?  Congress has its watchdogs, listening to the public’s complaints and watching allowance/denial rates.  In addition to congress, there are legal aid and disability advocacy groups doing the same thing.  The bureaucrat is rated on his ability to conform with the law.  The reality of the situation is that disability requires subjective judgments; it’s not an exact science. SSA and the state agencies, like any other employers, have their fair share of incompetents, but there is no hidden agenda to circumvent the law. Jack

Response:

Well, I got my bah humbug greeting from SS for SSDI on the Saturday before Christmas.  How could I expect anything more as the rich feed the rich and the poor just get poorer. I have been researching and my theory is the number of approvals is lessoned with the number of regional applicants, so if you live in a high-populated area, best you expect a LONG wait and having to jump through all the loopholes of paper-work and lawyers.  Also, states where retirements are high are also thought to be slow or more ponderant over approving applications. Next, don’t give up.  A lawyer will generally only charge you 25% of your awards OR no more then $4000 and charge you nothing if you lose.  I have heard it said that the odds of winning when brought to hearing are approximately 80%.  Most lawyers are in it for the money.  Whoever heard of lawyers taking cases which would render a judgement not in favor of awards to their clients?  Is not logical. Just for your info, I have Mixed Connective Tissue DIsease (Lupus and RA), Osteoarthritis of the spine, neck and foot (diagnosed prior to the RA), Hypertension, Asthma, Depression and each day it seems a little less rosy for me.  SSDI won’t change me.  I will remain me.  But why should my husband have to works his arse off supporting us bothe now, when i worked the better part of 30 years, have had 5 children and if I could work, I’d be dang if I would find myself sitting behind four walls day in and day out. They need some sort of reform within the SS system.  You shouldn’t have to die waiting for approval!! Always, cloud

– Hide quoted text — Show quoted text ->Well, got my Christmas present from SS today, turned down on first >attempt. I guess I will appeal, get turned down and hope for the best >with the jug de. I guess I will sit down with my lawyer next and see >what he has to say. This stuff is defeating, I don’t know how people >endure. I have an uninterrupted, 36 yr  history of paying into SS and >have a legitimate problem after two cervical surgeries. I really hope >the system works like it is supposed to for me. >Crafty

Response:

Crafty, hang in there!!!!!  From what I understand, the majority of people are turned down on the first attempt.  And most on the second. Just to get approved in front of the Judge.  I was fortunate to get approved on the appeal. I was also fortunate to have a very good lawyer.  Just hang in there, you WILL be approved. The worst thing is trying to survive until that first check comes.  Shari B

| Well, got my Christmas present from SS today, turned down on first | attempt. I guess I will appeal, get turned down and hope for the best | with the jug de. I guess I will sit down with my lawyer next and see | what he has to say. This stuff is defeating, I don’t know how people | endure. I have an uninterrupted, 36 yr  history of paying into SS and | have a legitimate problem after two cervical surgeries. I really hope | the system works like it is supposed to for me. | | Crafty | |

Response:

>SSA and the state agencies, like any other employers, have their fair >share of incompetents, but there is no hidden agenda to circumvent the >law. >Jack

Such faith you have. Kathi

Response:

writes: >SSA and the state agencies, like any other employers, have their fair >share of incompetents, but there is no hidden agenda to circumvent >the >law. >Jack > Such faith you have. > Kathi

No, my statements are based on knowledge, not faith.  You, on the other hand, are ignorant. Bro Jack

Response:

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