Disability Denied

Discussion in 'Fibromyalgia Main Forum' started by hatbox121, May 2, 2009.

  1. hatbox121

    hatbox121 New Member

    I just got my letter in today. I was denied. Apparently I can't do any work I've done before, but I can do the work I've done before. Don't ask me. I'm confused too. Now it's off to the court. Here in AL that's the next step. It has an avg wait time of 514 days. Almost 2 freaking years. Crazy.
  2. mbofov

    mbofov Active Member

    I'm sorry to hear that - it's just a crazy system. For what it's worth, I think almost everyone is denied the first time around. When I received my denial letter, it felt like a punch in the stomach - even though I was exhausted, constant sore throats, etc. etc., I could still work. It made no sense. I was so demoralized I didn't even want to appeal.

    But luckily some part of my brain concerned with survival kicked in before the appeal date ran out, and forced me to file the appeal. Much to my surprise, I won.

    I saw an attorney before filing the appeal, and he told me to file it on my own, and to stress that I had such and so, and therefore could not work. Most important to keep saying I could not work. He said if I was denied on appeal, then come back and he'd take my case. I figure I was just very lucky to win on my own.

    However, many people do well with an attorney - do you have one?

    Also, my initial application was filed with a diagnosis of CFS, nothing else. On appeal, my doctor added a diagnosis of PTSD, and I think that's what did the trick. I don't know for sure.

    Anyways, it seems that the more diagnoses the better.

    Also, I think some people have had quicker results by contacting their congressperson. It might speed things up a bit.

    Good luck - take care -

  3. Pippi1313

    Pippi1313 New Member

    I was living (temporarily) in a very small town / rural area when I became disabled. I was approved rather quickly on my first try. The office there had 3 employees, & they went outta their way to tell me how I should answer the questions on the application, so they could approve it.
    After moving back to my hometown - a big city - I met many disabled peeps & discovered that EVERYBODY is denied the first time. That's just how they do it. They make everybody appeal. Most of the appeals are also denied, as a matter of course.
    That's how it's done. They try to discourage as many applicants as possible, so peeps will just give up (or drop dead). :( It's a cruel, heartless system...
    I'm just very lucky that I applied at a place where the state employees needed peeps on their client roster, to keep their small branch office open!
    I wouldn't have survived if I had been denied access to the medical coverage I needed back then (& still need).

    Sorry you're caught up in this mess. Keep fighting them!!!
  4. rockgor

    rockgor Well-Known Member

    hear the bad news. Yes, Pippi is right. Virtually everybody is denied the first time.
    You must appeal. Do you have an attorney. Scott Davis is recommended on this
    board. His office is in Arizona, but handles cases all over the country.

    Did you see the article on the computer news a month or so back? There are
    thousands of cases waiting to be decided, but the Soc Sec Office can't afford
    enough employees to take care of all these cases.

    Funny, the government has lots of money for other projects, like disabled
    corporations and banks.

    Try to focus on the fact that most people eventually win, and you do get a
    back benefits that are accumulating. Good luck.

  5. butterflydream

    butterflydream New Member

    Your doctor knows you have applied for SSD. This is so very important having your doctor behind you . Take a RFC form with you for your doctor to fill out at your next appointment.
    Your lawyer can provide you with RFC(residual functional capacity) form. If you see more than 1 doctor , let each of them know you have applied and have each of them fill out the RFC form so your lawyer can forward to social security.

    Prepare yourself for a long journey of waiting. A 2 year wait is almost a past wait period, most are now waiting near 3 years due to backlog. The social security system is making it much harder for approvals. More people are applying and their are not enough judges to handle all the hearings in a timely manner. This is why the waiting time has increased.

    Keep in good contact with your attorney and keep your attorney updated regularly with your medical changes. This is also very important.

    Wish you well

  6. hatbox121

    hatbox121 New Member

    Yes, each of my dr.s know that I'm applying and are willing to stand behind me. Well, one is cooperative but doesn't want to say yes or no. They don't for anyone. I do have a rep. I went with Allsup. I am appealing. Here in AL the next level skips to the court levels. No reconsideration level here.
  7. LuvQuilting

    LuvQuilting New Member

    I'm sorry to hear that, I know how disheartening it can be. In Ohio I was turned down twice, hired a lawyer to appeal and anxiously awaited my hearing. But, to my surprise I was approved this last Dec. without a hearing! I'm not really sure what happened. I suspect it was my lawyer pushing for it since I have so many things wrong (not just the FM). I was thrilled and received 4 years retro pay even though it took 3 years from start to finish. Good luck to you.
  8. butterflydream

    butterflydream New Member

    will also reflect a judge decision.

    I'm guessing from your denial letter statement you mentioned something of you can do the work you've done before. Please correct me if i'm not following this correctly.

    A person's age and education definately determines in the factor of being totally disabled or not. Your attorney should lead you in the direction you need to follow. Best to keep good communication with all your doctors too, being disabled at 28 will need good medical evidence support from all your doctors that you are disabled.

    Wish you well
  9. hatbox121

    hatbox121 New Member

    What my denial letter states is...Even though I have dr. reports and evidence that I have restrictions and can't do the work previously preformed, (according to them) I can still do the work previously preformed. Confused? Me too. I know my age is a factor but I don't feel it should be. I mean please someone tell me where I can get a job that will allow me to miss whenever, and do whatever I please. I have 6 diseases listed on the application and am about to be tested for two more. I'll be offically filing the appeal next week. I'm also planning to go to my rheumy and tell every teeny tiny detail of my life to her and ask her to fill out the form someone mentioned on another post. I think it was a Residual Functionallity Report or something similar. She was not listed on the last application since I'd lost my insurance and was starting to go to a free health clinic. That dr. was awful. So I'm just going to have to boot up the money somehow to see her.
  10. Wreckless

    Wreckless New Member

    I was approved the very first time, which still took almost a year from the time I was initially disabled. What did I do? I documented everything. I kept a log of my pain and doctors and what they told me and what they prescribed me. I talked to my doctor and told him I expected him to support my disability claim, since he was the one that certified I was disabled. I wrote all of the Congressional Representatives, both Senators and my Representative and asked them to make sure my application was approved as I had children and I could not be without an income. I also included the legal ruling from a State ALJ who ruled in my favor on the state disability claim. I explained all my answers on the forms, if I thought they needed to know more than they asked.

    When I went to their doctors I brought a witness and questioned the doctors as to their qualifications and whether or not they had ever diagnosed FM in any patient and if they knew how to diagnose it? They did not, and I sent a letter to them saying so, after the appointment. In the letter I told them that the doctors they sent me to did not test my stamina or check the pain points. They xrayed me and then moved my joints to see if they would move, which has nothing to do with diagnosing FM. I let them know they would lose an appeal in advance.

    I know it's rare to get approved first time with FM, but it can be done. Good luck.

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