Disability denial in the mail today :(

Discussion in 'Fibromyalgia Main Forum' started by joannie1, May 6, 2003.

  1. joannie1

    joannie1 New Member

    I think that i am still in awe about the whole thing. I have read through the letter three times now. The sentence stating that we recognize you have a chronic pain disorder and a depressive disorder. And although you can't do past work or be in a position where there is many demands and much stress we do not find you disabled. Because you are taking medications for this. Does this make any sense to you because I don't get it myself. What am i do do now? I am truly too tired to keep up the fight with this.
    Love,
    Joannie
  2. PatPalmer

    PatPalmer New Member

    My daughter is claiming disability benefit, and i`m sure that she only got it is because at the time she couldn`t hold her arms up in the air or walk 50 yards, and I also went everywhere with her.
    You`re scored on a points system in England. - Just useful stuff to know.

    Have you appealed Joannie? Quite often people here are automatically rejected the first time then have success on appeal.

    Don`t lose heart yet, keep at it.

    Love Pat.
  3. ForeverFlaring

    ForeverFlaring New Member

    I am so sorry!! I have been rooting for you all along here as you are about 3 weeks ahead of me. Hire a lawyer sweets, let them handle it from here. It isnt worth stressing yourself out over day in and day out.
  4. Mikie

    Mikie Moderator

    Get a good lawyer and get ready to fill out all the forms again. This is just par for the course. This is the most important thing anyone will ever tell you so listen up.

    It is all a big game. Logic has nothing to do with it. SS is not your friend; it is your enemy. Listen to your atty. and do what he or she tells you to. SS is betting that if they make it difficult and discouraging enough, you will give up.

    Good luck.

    Love, Mikie
  5. Goodday

    Goodday New Member

    Hi, it took me four years to get disability. I had a lawyer who dropped me as a client after helping me for a year. We went to court and I was denied by the state judge, so my lawyer said he wouldn't appeal. Said I had no chance to get it with "simple fibromyalgia." In the meantime I worked part-time and took three kinds of meds while working. I appealed my case on my own. Wow, it was exhausting and caused much more stress in my life. On the job I was getting evaluation notices from the supervisor that I was forgetful, took to many sick days, etc. (Who wouldn't be forgetful with brain fog and on pain drugs, and muscle relaxants?) Finally I got a "pink slip." One of the worst days in my working history.
    I had been under a doctor's care for those four years and complained of chronic fatigue, short term memory loss, inability to cencentrate, making mistakes on the job, chronic intolerable pain, unable to get along with employer/employees, etc. (All that really hurts the self-esteem!)
    Several months later I had an appointment with a psychriatrist who claimed that I was depressed from chronic pain. I showed her the written statement from my employer who stated that due to drugs I could not handle my job. (How degrading emotionally.) But I knew it to be true. Within a month I got my disability. These are the things you need to prove...how you cannot function on the job, at home, or even social situations due to the meds you need for pain, just to get through each day.
    Being a disabled person is not a great life, but if I need to take a pill or rest with a heating pad, or a hot tub soak I can do it when necessary. The amount I get on disability is about $100.00 less than working part-time. But I am not stressed out as I was working. Ticks me off that I have to live with this miserable fibromyalgia and people think I am fine. (Which we all go through.)
    Dear lady, don't give up. I wanted to quit trying but knew I couldn't work. You will succeed. Goodday
  6. MemoryLane

    MemoryLane Member

    I believe the next step will be a reconsideration, before you actually have to appeal your case to a judge by hearing.

    See if you can round up some testimonials. All "Forms" to be completed by you are available on-line from the SSA Gov website. The forms are listed under "Other Forms" when you get to that site. No doubt there will be some more forms from SSA that they will want you to complete. It's very much like starting over, again.

    Form SSA-3441-F6 (2-88) EF (3-99):
    Reconsideration Disability Report

    Form SSA-561-U2 (9-2002) EF (10-2002):
    Request for Reconsideration

    Form SSA-795 (2-76) EF (3-99):
    Statement of Claimant or Other Person

    The first two forms go together, but requests must be made in writing within 60 days of receiving their decision.

    The third form is for statements from friends, neighbors, pastor, family, yourself or anyone else that can attest to your condition because of your illness.

    In the event you must go through a hearing and seek an attorney to help in this process, this has to be approved by the SSA before the appeal process begins. This next form is for that purpose.

    Form SSA-1696-U4 (4-2002):
    Appointment of Representative

    ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
    From the SSA Gov website:

    FIRST APPEAL: The SSA-3441-F6 (above-6 page form), Reconsideration Disability Report, is the form used to update disability information. It is used in conjunction with the SSA-561-U2 (above), Request for Reconsideration, when filing an appeal because an application for disabiliity benefits is denied. Before determining whether you should complete this form you need to refer to the SSA-561-U2 and determine whether that is the appropriate form to complete.

    EVIDENCE: You should present any evidence you have that shows the original determination was incorrect. In the case of a denied claim for a disability benefit you must complete and sign additional forms. These forms are the SSA-3441-F6 , Reconsideration Disability Report, and SSA-827 , Authorization to Disclose Information to SSA.
    ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

    I was recently denied and in addition to the appeals forms, I personally am going to file a discrimination complaint (Form SSA-437-BK-SUPP (4-98) to the Office of General Counsel for the SSA, on behalf of CFIDS as a recognized medical condition.


    Hope this helps,
    Lane


    [This Message was Edited on 05/06/2003]
  7. Mikie

    Mikie Moderator

    After the initial turndown, there is an automatic review by yet another SS drone and it is always negative too. It is after these two turndowns that one starts the appeal process with an atty.

    Love, Mikie
  8. Cin

    Cin New Member

    I have also heard that if you go to your congressman's office (not state congressman, but federal), in addition to having a lawyer, that it can really help to further your case.
    Good Luck, and I will keep you in my prayers.
    ~~Cindi~~
  9. ForeverFlaring

    ForeverFlaring New Member

    I think this was the reconsideration phase for Joannie. It has to be upsetting because she has already been through the hearing stage before and this is the second attempt. Joannie, let us know how you are doing ok?

    Sandy
  10. OuchyMama

    OuchyMama New Member

    I too took four years to get my disability, and I am still waiting for the actual funds but I finally did receive a favorable judgement. I honestly think it is a case of they see how long they can draw it out so we will give up. Just hang in there you are in my prayers.
  11. joannie1

    joannie1 New Member

    I just want you all to know i really appreciate it. This will be my reconsideration on my "second" time of applying for disability. Before i was still on workers comp and they don't seem to want to approve you while your on it as my attorney said. So, this is really a tough one for me.
    I was so discouraged and outraged that I called the local office for the papers on my reconsideration. I also was quite "vocal" and demanding as to why they reported they hadn't received paperwork that I personally faxed to them. I said i was very ill and could barely walk but i did as I was asked and yet this is not even considered in my determination, that stinks!!! She was quite speachless and kept asking did I have an attorney. I demanded my file because I know they lied on this report. However i can not get it, my attorney has to request it.
    So, today I am of course in a flare and with severe head pain. But I have to set up an appointment with my attorney and begin looking for work. My family has suffered so much for this and it is truly unjust. I will keep fighting the system however I am slowly losing my will and my fight.
    I appreciate all of your replies and i love ya'll. Thank you all for being here for me all the time. i haven't been here for many lately and I am sorry. But bless all your hearts.
    Big hugs to all.
    Joannie
  12. Carlacat

    Carlacat New Member

    I was just denied on my reconsideration level so now I'm waiting for a judge hearing which can take up to 10 months or so. I got a lawyer and she is doing all the work with all the paperwork which is great cause I dont have to be stressed about trying to do it all. Find a lawyer that only gets paid if you win and usually they get 25% up to a certain amount..but its worth the fight.
    Carlacat
  13. loopyloo

    loopyloo New Member

    Dear Joannie,
    Dont give up the fight lots of people get turned down first time you must keep going and fight for your rights
    to have this dd acnowledged so you at least can cope with what ever life throws at you.
    good luck keep trying
    (((((big hugs))))))) from the UK
    Loopyloo xxx
  14. joannie1

    joannie1 New Member

    I wanted to find out why the records i had faxed to him had not been included on the claim. it stated not received. He is so nice it is hard to be mean to him you all. Well, he said Joan, i know that they were included but it was not included on the letter due to processing through the office. I said Mark, out of no disrespect how can this denial be. I said here i am trying to make the best of my life dealing with pain and depression every day of my life. I said all I am trying to do is make a living and trying the best i can to help raise our children. I said i go into my psychiatrists office and here these 18 and 19 year old punks brag about being angry and beating people up or being alcoholics and the fact that they get disability for it. And here I am struggling to get any type of help from our Government. It is just not fair Mark. He was so sincere you guys I couldn't believe it. he said Joan I agree with you 100%. I have to base the decision on what the psychologist thought. he said BUT I am telling you, you get out there and do your reconsideration today Joan. Don't wait just get it in. he said you will have a completely different psychologist look at your claim next time not the one you did have. I said well, I appreciate it Mark. he said Be sure you do your reconsideration and good luck Joan.
    I have an appointment with my attorney on Friday and i am not leaving his office until he dictates to my shrink a letter on his opinion of my working with all of this. He told me last time until he writes him he can't just write up a letter for them. it is all out of formatility or whatever. I also called the congressman and they want a letter from me to look into my claim and follow it. Time to fight these people with all I got left.
    So, we will se what happens. Thanks you all.
    Love,
    Joannie
  15. Kay2

    Kay2 New Member

    I went to court yesterday and I know I did terrible. I couldn't even think straight. Its ONE BIG GAME. Its B--- s---!!! My attorney ick!! said I did good and I have great letters from my doctors, but the judge didn't seem to believe in cfs or fibro. I have this feeling that I will be going to court again. It will be a mirical sp! if I dont get denied. At this point I am soooo burn't out, that I dont even care anymore. GOOD LUCK TO YOU!! lINDA

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