Denied Again... without records review

Discussion in 'Fibromyalgia Main Forum' started by CelticFibro, Jan 26, 2007.

  1. CelticFibro

    CelticFibro New Member

    I am so frustrated I could cry. I filed for SSD last May and was denied in October. They denied me without ever receiving records from my rheumatologist (who said they never received a request). They also said my former line of work (administrative assistant) was key in the denial.

    So.. I applied for reconsideration. My rheum. Dr said he'd let me know when he got the request. They finally got one this past Friday, and social security must have said something about him ignoring prior requests, because the secretary called them on Monday and read them the riot act. She overnighted the records on Wednesday morning....

    BUT... yep, you guessed it. The decision was made on Monday, letter received on Tuesday. WITHOUT receiving records for a SECOND time!

    So, I guess now I have to hire a lawyer? Has anyone else had to deal with this type of situation? How can they make a determination without ever receiving the records?
    Any advice you can share would be really appreciated.

  2. swedeboy

    swedeboy Member

    Sorry to hear your situation. But hang in there and don't give up.

    There is an organization if you need an attorney called the National Organization of Social Security Claimants’ Representatives you can reach them at They are a non-profit/non-commercial organization. There phone number is (800) 431-2804

    I applied for disability in Jan. 2005 and I was approved in August 2005. I Live in california and I receive SSI and SSDI.

    I submitted a daily journal that I kept for 30 days detailing my symptoms. I also was evaluated by both a SSDI state appointed doctor and pyscologist, which I think helped my claim. I also submitted a detailed list of my immediate symptoms and limitaions listed below.

    Limitations from Chronic Fatigue Syndrome:


    -Overwhelming fatigue, exhaustion, weakness, persistent flu-like symptoms and postexertional malaise lasting more than 24 hours.
    - Persistent intractable muscle and joint pain
    - Headaches of a new severity
    - Unrefreshing sleep
    - Sore throat
    - Impaired short term memory and concentration
    - Visual impairments such as focusing
    - Lightheaded and increased fatigue from prolonged standing
    - Dizziness and vertigo
    - Nausea, bloating, indigestion, loss of appetite
    - Confusion
    - Anxiety, and episodes of sadness/ depression.
    - Decreased libido


    - stand or sit upright for more than a few minutes on relatively bad days.

    - perform activities with a schedule, maintain regular attendance, and sustain an ordinary routine.

    - complete a normal workday and workweek without interruption by symptoms and perform at a consistent pace without an unreasonable number and length of rest periods.

    - stand, sit upright, and or concentrate for more than three to four hours on relatively good days. (I have had an average of about 10-12 good days per month for the last 12 months)

    - walk consecutively for more than 15-20 min. on good days

    - walk consecutively for more than a few min. on bad days.

    - drive far distances such as 50 miles or more on good days.

    - drive at all on bad days.

    - lift and or carry heavy objects such as gallons of water or bags of groceries on bad days.

    - see clearly for short moments from dizzy spells on both good and bad days.

    - perform cognitive tasks, such as things involving simple and detailed verbal and or literary instructions on bad days and frequently on good days.

    - focus and concentrate, limiting my ability to read for more than a half hour to an hour on a good day, and no more than a few min. on a bad day.

    - maintain attention and concentrate for extended periods of time.

    - to understand and remember simple and detailed instructions, work procedures, and conversations on bad days and frequently on good days.
  3. ephemera

    ephemera New Member

    bumping for support.

    celticfibro, I'm in PA & there's no reconsideration phase here. I applied in Oct 2005, was rejected in 2006 & need to wait until winter 2008 for the judge.

    Here's hoping your wait is shorter in MD.
  4. enjoysue

    enjoysue New Member

    Do you mind if I pass on what you wrote here to my sister who works for SS in the SSI division? I would like to see what she has to say. She's very busy so I'm not sure how long it would take for her to reply but I will let you know when I receive it but I won't do this without your permission due to privacy issues. Only you content would be shared, not any personal information. I'm curious on this too.

    I waited a whole 13 months before I got my answer. I just called my sister up this week to ask her if I needed to search for another pain doc right away because mine quit. I was worried about getting a review sometime this year and how would that look. Her reply is that there is little funds for a full 10 page review and would no doubt just be the 2 pager or so that I've gotten the last 2 times. She said they are just looking for obvious improvements. That relieved my anxiety.
  5. Shannonsparkles

    Shannonsparkles New Member

    I'll save it for appointments. Thanks!
  6. CelticFibro

    CelticFibro New Member

    Yes, you have my permission to mention this situation to your sister. I'd like to see what she has to say!

    I'd like to clarifiy something else... I called the case manager on Jan. 6th because I had just checked with my rheumatologist to see if he had gotten a request this time. Of course, he hadn't. So I gave the case manager his telephone #, his fax #, and his address and she said the request "would go right out." My doctor finally received the request on 1/20.

    Funny, though, how they had already made their decision, even though they had just sent out a records request?

    And you wonder why people lose faith in our government.

  7. sfrazier

    sfrazier New Member

    CelticFibro i know you don't see a good side to this right now but get an attorney and get some proof about the medical records not even being recieved for views by SS and i think you have a really good case as far as the judge goes and what's even better is your attorney will get your medical records and that way you won't have to worry about SS doing this to you again........SueF