What would you say to SSA about denied Disability?

Discussion in 'Fibromyalgia Main Forum' started by MemoryLane, Apr 27, 2003.

  1. MemoryLane

    MemoryLane Member

    If you had the chance to refute your denial from the Disability Examiner to their face - What would you say to this person?

    I was just denied and I am devastated. I don't know what to do next - I usually get mad enough that I can fire-off a whopper of a dispute. I am broke, I feel empty and I have nothing more to send to the DDS. I was very thorough for my part, but I know it was for lack of documentation from my treating physician and he has not even offered to send a letter knowing my current status now. He was the one who told me if I did not quit work I would kill myself - He's the one that said I had more than enough to file a claim.

    Their reason for denial was so very lame - According to their decision, "I was not in as much pain or had as much fatigue as I indicated on my application and my IBS seemed to be under control as I had no significant weight loss. I have lost nearly 50 pounds this past 12 months alone and 20 pounds in addition before then. How could someone 200 miles away know how I feel? I read their CE doctor's letter from my general exam; it was four pages and in alignment with my claims. They did not mention one thing about my degenerative spine, migraines, OA, seizure disorder, severe depression +2 suicide attempts or any of the other problems I listed.

    I try not to complain or expose others to my problems, but I really would like to know what you guys think?


    Lane




    [This Message was Edited on 04/28/2003]
  2. ForeverFlaring

    ForeverFlaring New Member

    i am so sorry! Was this your first or second denial? If it was second, think of it as a good thing because you will get to see a judge next.

    I am a year into this whole mess but only at the reconsideration phase because they lost my address...very long story. The ironic thing about it all is that the reason for denying me was..." we have attempted to contact you for additional information. you have failed to provide us with this information. We have attempted to contact you by phone and by mail, but have not been able to. Therefore disability benefits must be denied."...even though I sent them my new address 4 weeks before that letter was dated..<sigh> anyhow...

    If I had been able to drive 6 hours to see my old case worker, I think I would have left her an IBS present on her desk.

    Maybe thats what you could do....leave him/her an IBS present on his/her desk and tell him/her you just lost a pound or two!
    :)
    [This Message was Edited on 04/27/2003]
  3. JudieV

    JudieV New Member

    I had no energy or brain to cope with the denial...............so I followed a friends recomendation and called this lawyer that specializes in disability cases & Social Security. I don't know if I can mention names here............but I won't just in case. They had it clered up in a couple of months & I got back benifits to when I first applied. email me if you'd like more on what I went through

    JudieV
  4. Achy-shaky

    Achy-shaky New Member

    Sorry to here you like so many others are turned down when they really need it. After all the posts I've read I wasn't too surprised when I got my denial but I hate to think it could take months to appeal and my state disability runs out in a few months. My husband is retired so we have no other income.

    I don't think I could face them to tell them what I think...it would be too stressful for me but I sure can write a good response (and include a nice little sample too). I have contacted the lawfirm highly recommended on this site and hope they can help me. I hope you do the same and don't give up!!

    Hang in there - you're not alone!
    Blessings,
    Shaky
  5. ForeverFlaring

    ForeverFlaring New Member

    You never answered..is this the first or second attempt?

    I am sorry if I made light of your situation. I honestly have never confronted anyone at Social Security for a denial. I accepted my denial and submitted a request for reconsideration. My request for reconsideration was my refute. I did enclose a lengthy letter with my request though. This time around I have maintained contact with my DDS worker. I have called him 3 times in the last two weeks to ask him questions regarding my case. If nothing else, I have let him know I am waiting.

    I also have contacted an attorney, Jeff Rabin. I plan on hiring him and letting him take over from here. He is very warm and understands us completely. If I didn't know any better I would say he was Mr. Cleo as he described me so well, I thought I was getting a psychic reading.

    I don't even know if refuting a decision is worth the energy, as it eventually goes to court and then you have an opportunity to speak.

    Best of Luck!
    Sandy (FF)
  6. MemoryLane

    MemoryLane Member

    I meant to, I'm just all out-of-sorts today, shaky and fragile.

    Yes, this was just my initial application, but it should not have turned out this way. I got on the SSA website and found a Complaint form, this is what my husband wrote:


    I do not think much of your DDS in Texas. My wife was recently denied on her initial application, and yes, we do intend to file for reconsideration and contact our State Representatives. I believe her case was mishandled with little thought to research. The stated determination conflicted with information in medical records, as well as, the reports from their own C.E.'s, both Internal Medicine and Psychiatry. I believe that valuable documentation was ignored and I do not believe the D.E. had sufficient knowledge, training and motivation to make such a life-altering decision. As an example, the D.E. ordered the wrong blood tests, requiring my wife to have blood drawn twice, despite the fact that both my wife and the lab called and questioned this matter in particular. The basis as stated for the DDS’s determination was subjective, inadequate, inaccurate and inappropriate for the physical and mental problems from which my wife suffers and is being treated and for which she disclosed, therefore we have to believe a prejudice exists in her situation. She had to retire from a job where she made over $35,000/year, as recommended by her treating physician, because her life, not just her health was literally in danger. Does the SSA honestly believe that her benefits are any kind of compensation for her lost income and quality of life?

    Though you advise against it, I am including her personal information, because I think it is important that you research this incident and understand what this ordeal has done to my wife and how it has hurt her further. She is devastated by this decision. Considering a recent hospitalization for a major depressive episode, with intent to commit harm to herself, I hope you can understand what the SSA’s decision means to us and how it now affects our lives.


    I thank you, truly for your support,
    Lane
  7. JannyW

    JannyW New Member

    I assumed when I filed my initial claim SSA claim that it would be denied ... it was. I then hired an attorney to file an appeal; that was also denied. I'm now waiting for a hearing date, and if I need to appeal again I will.

    I have been out from work for nearly a year. I have no income, other than monthly withdrawals from my IRA (which I will have to pay penalties on if SSA turns me down again). It may sound trite and may offend some of you, but I feel that God has provided for me and this whole matter is in His hands. It also helps to have an understanding partner :)

    Jan ^v^
  8. tansy

    tansy New Member

    I went through all this years ago. It's all so exhausting and demoralising I know.

    It took me a long time but I found the following useful -

    1 Got scores of supporting signed statements from both relevant professionals and people who saw me on a regular basis..

    2 Got officals involved so that my case would be reconsidered by an unbiased 3rd party (that actually finally did the trick)

    3 Politely but firmly pushed home the fact that I was the only one who knew how severe my illness and disablity were.

    4 Got copies of all the test results which supported my diagnoses and problems, apart from those which had been deliberately lost ( a long story that I won't go into here)

    All the above info highlighted the predujice and deliberate biases of the reports upon which earlier denials were based.

    I don't know if any of this will help in the US but it might spark a few ideas of your own.

    Good luck

    Tansy
  9. MemoryLane

    MemoryLane Member

    I really appreciate the thoughtful replies. I was feeling very overwhelmed yesterday with trying to organize the paperwork for the reconsideration and it's really gotten to me. I actually received the denial three weeks ago, but I have been obsessing about it ever since and did not have the motivation to tackle it.

    Then I read someone else's post who was awarded for less degenerative problems than I have and it really upset me. Though I am happy for her, I could not help feeling envious and resentful towards the SSA. I am looking forward to the day, when I will be free of all this - released from it's bonds.

    Wishing us all better days to come,

    Lane


    [This Message was Edited on 04/29/2003]
  10. Mo22

    Mo22 New Member

    I was denied on my first try with Soc. sec. as well. I then hired a lawye. My lawyer told me most people are denied on the first app. with fibro. as part of any their DD. The gov. does not understand fibro and does not want to either. I would hire a
    lawyer that specializes in disability and apply again. You will be granted a hearing with a judge. Your chances are much greater with a hearing in obtaining Soc. sec. My lawyer
    was very good and he esp. was very sympathetic, as he has
    fibro. himself. Good luck to you.
  11. Mo22

    Mo22 New Member

    I was denied on my first try with Soc. sec. as well. I then hired a lawye. My lawyer told me most people are denied on the first app. with fibro. as part of any their DD. The gov. does not understand fibro and does not want to either. I would hire a
    lawyer that specializes in disability and apply again. You will be granted a hearing with a judge. Your chances are much greater with a hearing in obtaining Soc. sec. My lawyer
    was very good and he esp. was very sympathetic, as he has
    fibro. himself. Good luck to you.
  12. Mo22

    Mo22 New Member

    I was denied on my first try with Soc. sec. as well. I then hired a lawye. My lawyer told me most people are denied on the first app. with fibro. as part of any their DD. The gov. does not understand fibro and does not want to either. I would hire a
    lawyer that specializes in disability and apply again. You will be granted a hearing with a judge. Your chances are much greater with a hearing in obtaining Soc. sec. My lawyer
    was very good and he esp. was very sympathetic, as he has
    fibro. himself. Good luck to you.
  13. allhart

    allhart New Member

    i didnt read everyones response so forgive me if i repeat something someone already said,
    i just finally got approved after having to go in front of a alj,i never used a lawyer,
    just file your appeal in it agin state your mrdical problems and how they affect you,in my denials you can tell they never even botherd to look at my records,
    any ways during your appeal time you have time to summit more evidance dont count on them to get it for you,go and get copies from your dr yourself and fax them to ss yes its going to cost money but this way a you know what the dr is saying and b,you know they have the records go back to as many drs as you can remember seeing sense this started and get there records also,excluding hospitals for er or urgent care visits,if your not seeing a neurologist for your migrains,see one ,if you have seen one in the past get the records
    ask to see speacilist that work on the promblems you have,
    overwhelm them with evidance from more then one soruce,
    if you dont have insurance go try and apply from state funded health care,
    i hope this helps good luck you can do it !
    kara
    ps,if you can not afford to get your medical records talk to the medical records manger at the drs give her the fax number to ss and have her fax them for you,youll have to sign realses for them to do this,[This Message was Edited on 04/29/2003]
  14. MemoryLane

    MemoryLane Member

    I still like the comment that someone made here on the board a while back. It went something like this: If the SSA thinks we can hold down a job and work with all our complications and limitations...Do you think they would hire us?

    :eek:)

    Lane
  15. Takesha

    Takesha New Member

    I wonder if you have a Living Resourse Center or Department of Rebabilitaion. I know the people at living resourses will represent you for SSI. I have only just filed two months ago, but I have gone through a disability Advocay Clinic. They get 25% of the backpay if we win, but they do all the work. I am probably not even in your state but I think at the advocacy website they have some listings for paralegals etc. The address is http://www.disabilityac.com I hope this helps some. Please don't give up!
    Takesha
  16. MemoryLane

    MemoryLane Member

    I live in Texas and the Texas Rehabilitation Commission is the SSA's Disability Determination Service - they are the ones who worked my case and denied me. Thanks for the web info.

    I have the chance to file for a reconsideration, before I have to go through the appeal process. I hope it makes it at that stage - I sure don't want to have to wade through more torture.

    Thank you all,

    Lane


    [This Message was Edited on 04/29/2003]
  17. Kay2

    Kay2 New Member

    I was denied twice and go to court next Tuesday!! This has been more stressful then this DD!!! Good luck.
  18. jstbrznby

    jstbrznby New Member

    This always makes me crazy, it is like they play this game but it is with OUR LIVES not theirs. Boy, been there done that! That's for sure, it was horrible, but I am all the wiser now for it and I am more than happy to help you with places to , people to see, and who you might should be talking to, but we aren't allowed to give out links over our board. However, I don't mind a bit giving you my e-mail address and I will be happy to at least give you some places to pursue that just might help you get thru this!

    my e-mail..m8kntrax@earthlink.net

    PS If anyone needs some help with this nightmare as far as some links and things I am more than happy to help you if I can!

    WARM HUGS....Pam2
  19. marilew

    marilew New Member

    I have been fighting for nearly three years. I was unable to retain a lawyer because I belonged to a Union. Now that I am finished with them, I have retained a lawyer, and she feels that we have a good case to sue the Insurnce Co.

    All Insurance Companies are interested in is taking premiums...not paying them out, so yes you will be denied over and over again, but persist. The pathetic "excuses" they use for their denials are in my opinion criminal, so perservere...and do NOT give up.

    One so called doctor (I managed to get ahold of his files) stated that if I was in as much pain as I said, that I should be on opiates!!!! Gimme a break! The idiot has never laid eyes on me never mind treated me...he was merely a "medical consultant. Well...I have all his files on me...and so of course so does my Lawyer now *smile*

    Fight the Fight