Got My SSDI Denial

Discussion in 'Fibromyalgia Main Forum' started by shar6710, Feb 15, 2007.

  1. shar6710

    shar6710 New Member

    I got a letter from SSA yesterday saying I was denied because "your medical condition is not so severe as to prevent you from doing most of your usual activities, including working."

    Hmmm, lets see I told them I can't dust, vacuum, cook for more than 15 min, clean the bathrooms, walk for more than a few feet, engage in my hobbies, nor can I drive myself or socialize on a regular basis.

    So what activities are they talking about? Eating? Sleeping? Personal hygiene ( which I also have trouble with on a consistent basis)? Watching TV? Being on the computer for 2 or 3 hours a day? Maybe they know of someone who will pay me to do those things?!

    Anyway I really can't be too upset at them because they never got my current doctors report! Called his office and they said he is still working on it. Which probably means they just found it and put it on his desk. All the other reports were recieved by Jan 24th.

    On my lawyer's advice I've asked them to mail me a copy so that I can take it to the SSA office when I file for a reconsideration.

    Very frustrating.

    Shar
    [This Message was Edited on 02/16/2007]
  2. springlakeorphan

    springlakeorphan New Member

    I am so sorry for you Shar. I do not understand their reasoning. How much more disabled should we be!!!? Hopefully, once they get your doctors report they will change their decision. It seems that we are at the mercy of these people and we don't even know who they are! If the one in charge of our case is having a bad day, do they decide "I'll mess with this one"? I do hope it turns around for you soon. Best wishes. Mary
  3. Kazah

    Kazah New Member

    Hi there

    I don't know if it's the same in the US but in England housework doesn't count. Stupid I know but putting anything about household activites is simply ignored. The only things they listen to is personal care and ability to live what you would consider to be a 'normal' life.

    On the UK form there is a bit about 'activites you would like to do and what support you need to do it'. This bit also says 'please write it down even if you don't get the support and therefore can't do it'. this could be going out socializing or doing a hobby ( at home or out) This part should never be ignored as it a major part of the assessment.

    If your system is anything like the UK one you'll probably have to fight till the end. Keep appealing and be creative in your responses, write down everything you can think of no matter how small. It all adds up.

    Good luck, I hope you get what you need soon.

    Take care
    Kazah
  4. TKE

    TKE New Member

    Bummer. Well it seems to be the norm any more with SSA, because they are so back logged. My lawyer was shocked they denied me, as I need neck/back surgery, but have been denied twice stating surgery will only correct 25% of my symptoms. SSA had all my records & I still got denied.

    I have FMS, MPS, DDD, herniated discs in neck & back with nerve compression, stenosis, nerve & muscle damage in both legs, hands shake so writing & typing is an issue, etc. I got a simular explaination...yeah do what job? I can't sit at a computer too long, stand or walk very long & when the fatigue hits I MUST sleep. Hey maybe they can pay us to sleep, LOL.

    File an appeal for a hearing. In PA the wait is 12-15 months for a hearing date. So I wait, wait, wait....


  5. shar6710

    shar6710 New Member

    You do really have to wonder how they decide these things. But I truly can't be too angry at SSA because they don't have a doctor to support my claims.

    Kazah, in the US they actually send you a form that asks specifically what chores you do around the house, how much you cook, drive (I had driven about 3 times in 4 months), do you have pets you take care of, etc.

    I guess they think if you can do those things you can work, but of course in a fatiguing illness you would then have to hire someone to do all those things for you. And even then I could probably only manage about 3 hours a day a couple times a week except when I had to miss because I was too sick to get out of bed.

    Shar

  6. GRMonLI

    GRMonLI New Member

    should they not be taking the report to the SSA and filing for the reconsideration?

    I had a lawyer and I regret it because I used to file SSA paperwork as a living and only got the lawyer because you have to have one when you go to a ALJ hearing. He really did nothing and got a lot of money for it.

    So if you have a lawyer now, let them earn their money.
  7. Kazah

    Kazah New Member

    hey again

    Oh i see - that's good that they take housework into account. It's so stupid that they don't here. Housework is vital and they don't care if you can't look after your house!

    again, best of luck

    kazah
  8. suzette1954

    suzette1954 New Member

    a long time too. Im glad youve got a lawyer to help you. Have you seen the SSD drs yet? If you can get good reports from them, that helps.

    I will pray that you get a favorable decision soon.

    Suzette
  9. California31

    California31 New Member

    How is it that doctor's report was not with your filing info...?
  10. shar6710

    shar6710 New Member

    Thanks everyone for commiserating with me. Forgive me for not replying to each...

    My lawyer is a friend/colleague of my husbands who does happen to handle SSDI cases. He believes at this point that since they did not have my current doctor's report and that this doctor has been supportive of the process that I should file the reconsideration on my own including the doctor's report. If I'm denied again then he will get involved, this is really to save me money. I think if they had had all the evidence and turned me down the lawyer would be more involved now: this was basically free advice although we plan on insisting he bill us.

    I don't know why my doctor has taken so long in filling out my report. I told him at my last appointment that I had filed and he commented that he hadn't received
    anything from SSA but it was pretty early and I didn't figure he would have had it by then. I'm not sure the front office staff is as efficient as they should be and it wouldn't surprise me if they had misplaced it.

    Live and learn.

    Shar
  11. sammo

    sammo New Member

    hi im in the uk too and was wondering do you get disability living allowance where u one of the success stiories. i have my medical visit on monday as my doc did not write enough info to support my condition and the rhuematologist didnt even fill in the forms. i have ha=d my home adapted for a disability hand rails etc but the local council woud not issue me with a blue badge as they said it is not an ongoing condition !!!
  12. mezombie

    mezombie Member

    Shar--

    I'm so sorry you have to go through this.

    Keep in mind that it's very typical of SSA to deny twice before actually granting benefits. They're just hoping to weed out a lot of people. Do not take it personally!

    Are you aware of the SSA ruling on CFS? You might want to print it out and include it with your reconsideration papers. It can be found at:

    http://www.ssa.gov/OP_Home/rulings/di/01/SSR99-02-di-01.html

    You might also want to consider printing out the forms your doctor needs to fill out (they should be available on the SSA website) and bringing them to your doctor at your next visit. Then just sit down and wait for him to fill them out! Drafting some suggested responses also often works. When I applied, the doctor just wrote a letter; there were no forms. Maybe that has changed.

    Another thing that helps is including any and all diagnoses besides CFS. SSA hates CFS!

    Hang in there. You'll prevail.
  13. shar6710

    shar6710 New Member

    Yeah, I'm not too upset with SSA I'm more upset with my doctor for not responding in a timely fashion. I have my cell phone set to remind me to call next week. I guess I never realized I had to be more involved than I have been.

    Thanks a lot for the link to the SSA regs. I had printed this off ages ago but can't find it and had lost the link as well. I did find a lot of good info on the Mass CFS website.

    I think I may have people who knew me before I became ill write letters and submit them too. Or is it too early for that?

    I had other thoughts but I'm having a really bad day cuz I went to the grocery store the other day. Hopefully I'll be recovered tomorrow. Gotta go til then.

    Shar
  14. mezombie

    mezombie Member

    I think having people who knew you before you came down with this DD write letters is an excellent idea. And no, it's not too early to do that.

    The letters should focus on their observations of any work or work-like activities you were able to do before and can't do now. They should include how long the person has known you and in what capacity.

    For the most "oomph", it might help to put them in the form of affidavits (statements) and have them notarized. That makes them legally sworn statements.

    My brain is semi-frozen; this is the best I can do for now.
  15. sfrazier

    sfrazier New Member

    at the alj stage can you have represantives or does it have to be an attorney???? i thought at the alj you could still have a representitive but if it went to a higher court you would need an attorney
  16. mezombie

    mezombie Member

    You don't need to have an attorney at the ALJ hearing.