DENIED FOR SSD AT RECONSIDERATION

Discussion in 'Fibromyalgia Main Forum' started by sh2angel, Sep 26, 2005.

  1. sh2angel

    sh2angel New Member

    I am so mad I could screem...now I guess I will have to go to a ALS hearing...sure hope and pray I get a good judge..these docs they send you to are crazy...they had to help me off and on the table yet he said I could stand for 8 hours a day..ok I will get right on that...then the psych doc they sent me to is just a quack...and I don't mean duck..we are thinking about suing him..he told me one thing in the office and told SSD something else..unfortunaly for him my hubby is a nurse and he said that is malpractice...well anyway I just had to vent I have a lawyer but I am not sure what the heck he is doing...nothing that I can tell so for..and now I am going to have to pay for him to fly out here for my hearing..this is really for the birds....Thanks for letting me vent..I am just so tired of all this don't have much fight left..
  2. Sunrise2780

    Sunrise2780 New Member

    > I am so mad I could screem...now I guess I will
    > have to go to a ALS hearing...sure hope and pray
    > I get a good judge..

    Unfortunately, this is "normal"! The ALS hearing is the next step - been there, done that.

    > these docs they send you to are crazy...they had to help
    > me off and on the table yet he said I could stand for
    > 8 hours a day..ok I will get right on that...then the
    > psych doc they sent me to is just a quack...and I don't > mean duck..we are thinking about suing him..he told
    > me one thing in the office and told SSD something
    > else..unfortunaly for him my hubby is a nurse and
    > he said that is malpractice

    No it's not malpractice. He's not treating you.
    "The System" drs' do this lots & lots of times too.

    > I have a lawyer > but I am not sure what
    > the heck he is doing...nothing
    > that I can tell so far

    Call and ask him!

    > ..and now I am going to
    > have to pay for him to fly out here for
    > my hearing..


    Why don't you have a local atty?
  3. sh2angel

    sh2angel New Member

    I have the one that writes stuff for this board...I mean prohealth site. I don't talk to him I talk to the girls in his office..all I know is it is malpractice the lawyers office said they can't do that..or well they can't say that..I don't know i was just mad ...and thought this was a good place to vent without having someone jump my throat..
  4. Dara

    Dara New Member

    I was also denied at the reconsideration level, which isn't unusual.

    When my attorney said that we would have to file for a meeting with an ALJ, and when he told me how long it might take to get my appointment, I was really discouraged.

    So, I asked him if there wasn't some other way so that it wouldn't take so long. He told me I could request for an ALJ to reconsider my case based on the medical information I provided.

    I didn't think I had anything to lose. We went ahead and filed for a appointment with the ALJ, and while we were waiting for the reply back I submitted my information for the ALJ to reconsider before any hearing.

    They agreed to do it, and I won my case. Never did have to appear in front of the ALJ.

    If you think you might want to try something like that, you really can't lose. Even if the ALJ had denied my claim before the hearing, I still would have had the hearing date and scheduled and attended.

    It's worth a try, plus you wouldn't have to pay the attorney to attend your hearing.

    Good luck,
    Dara
  5. BLUEROSE7

    BLUEROSE7 New Member

    I'm so so sorry you were denied again.

    As others have said and its sad and makes us mad...its not unusual to be denied at least once or twice...they want to see if you will give up.

    Don't give up ...Keep fighting for what is yours anyway!!

    Hang in there..OK I know its hard...but you keep fighting, dont let them Win, when you know your to ill to work!!!

    ((((((Hugs))))))
    Bluerose
  6. justlooking

    justlooking New Member

    I went through the SSDI process a couple of years ago and it was definitely one of the most stressful times in my life. The letters they send to deny you are degrading and discouraging, I think that is their intention. They figure if they humiliate you and make you feel as if it is a lost cause, you will give up your fight. Many people in fact do give up at that point but those who fight on and have a good case have a good chance of winning at the ALJ stage.

    Let me say that I had the same experience with my SSA Dr. The person they sent me to told me she had no doubt I had FM (and even suggested I find an FM Dr to treat me instead of my PCP) but in the report to SSA she told them I was faking!! I did have 10 years of medical records to support my 3 illnesses and was approved at the ALJ hearing because the judge could see I wasn't faking.

    Please keep in mind the Drs who do medical evaluations for SSA are supposed to find a reason to deny you are sick, they are contracted by SSA, not by you. Your Dr works for you, so SSA finds someone to counter-act your Drs report. But YOU CAN WIN with a bad SSA Drs report, I did!!

    Give yourself a day or two to calm down and then contact your attorney to get the hearing phase started. You only have a limited time to do so!

    Good luck
    Sincerely
    JL
  7. sh2angel

    sh2angel New Member

    Thanks for all the replies..they helped me half the time I don't have the energy to sit here let alone fight this battle..so the words of encouragement are greatly appreciated.
  8. cjcookie

    cjcookie New Member

    They can only take a percentage set by law. I don't understand - was there not a lawyer in your area? Do you mean a ALJ hearing? This is all normal - my lawyer told me all this would happen from the beginning so don't be discouraged.
  9. Bambi

    Bambi New Member

    Florida just got hers after FOUR years and all sorts of hearings!!! But it came just in time for her really, though the waiting was awful, because she had to move out of her condo by Oct. 1. They are turning the condo into owner units so you have to buy to stay. So she had enough to move and otherwise wouldn't have had a way to move OR rent another place. All that after 15 years in one place.
    GRRRR~!

    I had a friend who flew to Seattle to use an attorney there, went to court there also. This guy has a 99% yes record, and he won her
    award also. So sometimes it's worth getting someone from somewhere else if good.
  10. sh2angel

    sh2angel New Member

    Well the lawyer I have is Scott Davis and he handles cases all over the US..he is also on this web site and gives advice on how to win your case..I was in Arizona when I started this but now i am in california and he told me I would have to pay for his flight here..I won't give up now I guess I will just sit tight till my hearing...thank all of you so much for the support and words of encouragement..
  11. lovethesun

    lovethesun New Member

    praying that you win on the next appeal>Linda
  12. stillfighting

    stillfighting New Member

    Angel,

    I'm so sorry you're having such a tough time with your claim. I think SSA does this to try to discourage folks from applying for disability, and only the most persistent win their cases.

    Keep trying--the odds get better when an ALJ takes the case. Plus you get back pay for the time you should have gotten approved but were denied.

    I'm still on round 1, and am still waiting for a decision. I sent my forms in sometime in May and they sent me to a psychologist last month for memory testing (I have none--LOL). If I get denied, I'll go ahead and contact a lawyer, but keep hoping this won't be necessary.

    Good luck with your next go-round!

    Hugs,
    Hilary
  13. Royler

    Royler New Member

    CindyLou,

    I don't want to "hijack" this thread, but I was hoping you might be able to explain "low blood volume" to me. One of the primary reasons I left work is because if I stand up any longer than a few minutes, I feel as though I'm going to black out. I also get these feelings while driving.

    I've read about "neurally mediated hypotension" and your brain not getting enough blood pumped to it. Is low blood volume similar? What kind of tests could help investigate this? Thanks.