Second denial..Can you believe this?

Discussion in 'Fibromyalgia Main Forum' started by Dawnt, Feb 12, 2003.

  1. Dawnt

    Dawnt Member

    I received my second denial. This is their reasoning:
    "We have reviewed the above medical record and it shows that your condition does limit your ability to work. It does show that you may no longer be capable of performing work such as you have performed in the past. However, based on your age, education, and past work experience, we conclude that you are still capable of performing other work which requires less physical effort. Your claim for disability is denied."
    Good thing I have a lawyer, I am exaberated. Next step is the hearing.
    If I could find a job, that would let me work when I felt good enough to go in..and then only for an hour or two..and still make the kind of money I did before or even enough to support myself, then their right, I can work. What world do they live in?
    Dawn
  2. teach6

    teach6 New Member

    I got the exact same letter for my first denial. They don't even make them personal it seems! Good luck. I also have an attorney and he told me to expect a denial at least the first time.

    Barbara
  3. kadywill

    kadywill New Member

    letter twelve years ago and gave up. Don't do that.
    Kady
  4. mersey_ferryman51

    mersey_ferryman51 New Member

    D-O-N-'-T Give Up!!!!!

    APPEAL it!!

    The BEST of luck to you!

    Larry G.
  5. nje

    nje New Member

    IN SOUTH CAROLINA,WHERE I LIVE,YOU HAVE TO FILE 1 TIME ON YOUR OWN,BEFORE THE LAWYER WILL EVEN TALK TO YOU,I FILED AND GOT TURNED DOWN,GOT ALMOST WORD FOR WORD THE DENIAL YOU DID. THEN I HIRED THE BEST LAWYER,IN THE STATE OF S.C.HE REALLY GOES TO BAT FOR YOU,HE WENT TO ALL 3 OF MY DOCTORS,TALKED TO EACH ONE,HE TOLD ME AFTER I GOT APPROVED THAT THEY WERE MY BEST HELP. I NEVER HAD TO GO TO A HEARING OR NOTHING,THEY FULLY APPROVED ME ON WHAT THOSE DOCTORS HAD WROTE ABOUT ME.I DON`T KNOW WHAT KIND OF A LAWYER THAT INTERNET ONE IS,BUT THATS BULL, ABOUT HAVING TO MAKE $700.00 TO APPLY,THATS SILLY. I HADN`T WORKED IN ALMOST 2 YEARS WHEN I APPLIED,THAT WAS NEVER AN ISSUE,THEN OR NOW. DO YOU GET A STATEMENT FROM SSDEPARTMENT EACH YEAR,TELLING YOU WHAT YOU WOULD BE ABLE TO DRAW IF YOU RETIRED NOW, OR IF YOU BECAME DISABLED NOW? WELL IN S.C. YOU DO. IT SHOWS ALL THE YEARS YOU HAVE WORKED,EVERY JOB YOU EVER HAD,PLUS WHAT YOUR EARNINGS WERE EACH YEAR .THEY TAKE THE BEST 5 YEARS AND THATS HOW THEY COME UP WITH YOUR MONTHLY AMOUNT YOU WILL DRAW FOR DISABILITY . PLUS FROM THE TIME YOUR LAWYER SAYS THAT YOU WERE OFFICIALLY DISABLED,YOU`LL GET BACK PAY ,BACK FROM THAT DATE TILL YOU ARE APPROVED,I`M WAITING NOW ON MY BACKTIME OF 2 YEARS,I SURE DO NEED IT. I`M TIRED OF POVERTY. IF YOU HAVE GOOD DOCTORS,AND A GOOD LAWYER,YOU WILL WIN,DO NOT GIVE UP. ALSO IF I WERE YOU I`D GO AHEAD AND GET MY DOC. TO PUT ME ON SICK LEAVE OR JUST PLAIN QUIT,BECAUSE YOU CAN`T WORK ANYWHERE, EVEN UNDER THE TABLE AS SOME PEOPLE DO.IF YOU HAVE TO GO TO A HEARING,DON`T SWEAT IT,THEY USUALLY GIVE IT TO YOU THEN,BUT AGAIN I HOPE YOUR LAWYER IS JUST ONE-HALF AS GOOD AS MINE. HE HAS WON ALMOST EVERY SINGLE CASE FOR DISABILITY,BECAUSE THATS ALL HE DOES IS DISABILITY. HE WROTE ME LETTERS,CALLED ME WITH ENCOUAGEMENT,KEPT ME UP TO DATE, THEY DON`T CHARGE IF THEY DON`T WIN,SO HANG ON,I THOUGHT I WOULD NEVER HEAR ANYTHING,BUT I DID,IT WAS SUCH A WONDERFUL FEELING TO KNOW THAT I HAD WON. HOW MUCH HAVE YOU WORKED IN THE PAST 5 YEARS? IF YOU WANT TO EMAIL ME AT, BABYDOLLS20000@AOL.COM, I`LL BE GLAD TO HELP YOU ANYWAY I CAN,BECAUSE I JUST COME FROM WHERE YOU`RE AT.KEEP THE FAITH,AND MAY GOD BLESS YOU1!!!!!!!!!!!!!!!! NJE--- JEAN
    PS WHILE YOU`RE WAITING ON YOUR DISAB. THERE ARE PLACES THAT WILL GIVE YOU ASSISTANCE,YOU JUST TAKE YOUR MEDICAL RECORDS TELL THEM THE WHOLE STORY,YOU CAN GET HELP YOU NEVER KNEW EXISTED-FOOD STAMPS, MEDICAID-PAYS ALL YOUR MEDS AND DOCTOR BILLS- EVEN HELP WITH YOUR RENT, IF YOU RENT, THEY`LL PAY ALL OF IT IF YOU DON`T HAVE A HUSBAND WORKING AND MAKING TO MUCH MONEY LIKE I WAS, IF YOU`RE ALONE OR HAVE KIDS,YOU`LL GET MORE THAN THAT. I HAVE A SISTER THAT WORKS IN DEPARTMENT OF SOCIAL SERVICES-THEY HELP PEOPLE LIKE YOU AND OTHERS,WHOSE NOT ABLE TO WORK,BUT HASN`T GOT THEIR DISABILITY APPROVED YET.BYE AGAIN[This Message was Edited on 02/12/2003]
  6. klutzo

    klutzo New Member

    Expect to be turned down the first two times because those first two decisions are made by the state you live in, and they are the ones who have to pay your benefits, and they don't want to. The hearing is by a Federal Judge, who will overturn the state and make them pay, if he feels you are disabled, and if he is not under too much pressure from his bosses...I was told they must turn down 2/3 of those who apply if they want to keep on being judges. I won my case at the fed. hearing level in 1986, and was one of the very first people in the USA to win for FMS, so don't give up.
    Klutzo
  7. pam_d

    pam_d New Member

    I have never been through this process, so I can't offer advice------except to say, listen to those here who have been through this long, arduous process, learn from their experiences, and DON'T GIVE UP!! I have enormous respect for the patience and perseverence those folks here have, who have tackled this tough and lengthy process. And, I have also read post after post from those who can finally say "yay, I got it!!!" after denials. It seems that if you are persistent and determined about it, you will eventually prevail. I wish you the best of luck with this, Dawn. Keep us posted!

    Hugs,
    Pam
  8. sofy

    sofy New Member

    You are allowed to earn up to 700 per month and stil collect disability. I was advised by an employee (on the qt) not to earn anything for the first year after filing. I was accepted on my first application but should I go get a part time job before the first year is up I think it sends little red flage up that get you noticed just like certain deductions on your income tax get you noticed for auditing. Not to worry cuz no one would pay me to do anything now anyway but I still have hope of being a productive citizen again.
  9. Mikie

    Mikie Moderator

    This is the same letter they send to everyone. Despite some exceptions, one cannot expect to get acceptance until the case goes to a hearing. I'm still waiting for my hearing to be rescheduled and it's been two years. Hang in there.

    Love, Mikie
  10. JannyW

    JannyW New Member

    I'm also waiting for a hearing ... here in NC they say it can be up to a year. It's frustrating, but I know I can't work, even part-time, so I guess I'll hang in there.

    Jan ^v^
  11. poodlemommy

    poodlemommy New Member

    I am one of the lucky ones so I want to encourage you to not give up. I am receiving disability through my insurance plan I signed up with at work. It took eight months and one denial and lots of letters after the fact. I also was sent to a doctor they chose and a functional ability test. I beleive it was the solid support I had from my 3 doctors that really helped. I did not need a lawyer. I did all the leg work on my own and was very persistent. The doctor they sent me too was totally supportive of my fibro. Just luck of the draw. It was Christmas time and he must have felt generous. I think I was the one out of a 1000 that they can accept and the rest were denied. I went for all these gruelling tests back in the summer for a car accident and their people said I could go back to work . So go figure. It is nothing but a crap shoot. I am just very relieved to have been approved. They even back dated the payment to July 2002 when my sick time ran out so they paid me over $13,000. So please dont lose heart. Fight for yourself and if necessary get a good lawyer. There counting on us giving up. We didnt ask to have this horrible illness.
  12. JLH

    JLH New Member

    I was lucky enough to get my social security approved on the first try! Everyone I talked with could not believe it. I did NOT go through a lawyer--I did it all myself. I did a lot of research on the internet first, checking all FMS sites, disability sites, etc. I submitted extra pages with the forms detailing everything else that was wrong with me and how it affected my daily activities; how long I could stand up, etc. Of course I do have a ton of other problems besides FMS, including arthritis, lupus, miagraines, heart problems (including a pacemaker), GERD, high blood pressure, diabetes, bad knee, sleep apena, and overweight. I worked 12 hours a day for 30 years, with a 2-hour communte. Don't give up!! Appeal as many times as you have to. My sister is also in bad shape--she has had two total knee replacements, has arthritis, COPD, and a host of other problems, and, she too was denied twice--they said her medication was controlling her problems and to get a job where she could sit down and not lift more than 20 lb. So....she is now a telemarketer....the only job she could find and is practically starving, with a son to support. The people who are faking seem to get it approved while those who really need it are denied. Go figure!!
  13. JLH

    JLH New Member

    I forgot a couple of things that I did. I was fortunate enough to have worked at the same company for 30 years, so my supervisors and managers knew me and my work ethic very well. I requested 6 people to write letters addressed to Social Security to give to me to send explaining how I used to be at work compared to how I worked over the last few years before my health forced me to take early retirement at age 48. I had 3 superiors write letters (the office manager, supervisor, and our division manager) as well as 3 co-workers/friends. I gave them a little info about I was truly feeling and told them that I would not have any hurt feelings if they made me sound like a terrible worker!!! These letters all brought out different points. Also, I know many who have requested their local Representative to Congress to write a letter in their behalf--just provide him/her with all the facts and documentation. The most important thing that will help is your doctor's input. You just can't go to the doctor once a year and expect to get it. If you are really hurting, you should be going to the doctor every 3 months at a minimum. Also, you have to prove to SS that you have done everything that you can to help yourself feel better. I had the documentation where I had been to physical therapy, been through warm water excerise classes, received trigger point injections, named every drug that I had been tried on with no success, etc. You have to give them enough info to prove that you are legit--because there are too many lazy people who have nothing wrong with them but just want a free ride and not have to work.