tdiu Got My Denial Letter...

[tdak]

Gee it only took them 9 months. They just make my head steam!!! I just can't beleive I was denied after all the crap I have gone through. They never even wrote all the medical conditions I wrote in the original application. They also wrote that I could do things frequently that I can't. I have no idea where they got that from. They just must have had their head up their ..... well you know where when they wrote the decision letter.

Ok. Now I want to appeal, because they really do have stupid errors, leaving out medical info and infor that I wrote. How do I go about doing this. Can I write them a letter telling them what they forgot and resending them the medical info that they have seemed to overlook. Can I resend them more medical info? I really didn't want to get an atorney this time if they were just relooking at everything then making another decision. Then if they said no, I could appeal with an attorney. I should be hearing anyday about my VA TDIU (unofficially awarded IU,as per VA rep). So, I am trying to wait to get my award letter so I can foward that to them showing I got total disability. any input would help, thanks.

Thanks,

Tamara

Edited July 15, 2007 by tdak

[jbasser]

"The medical evidence shows that you have CFS, CTS, asthma, joint pain, memory loss, and visual loss. The reports did not show any other conditions of a nature that would prevent you from working. We realize that at present you are unable to perform certain kinds of work. But based on your age of 39 years, education of 13 years, and your experience, you can perform light work (for example, you could lift a maximum of 20 lbs., with frequent lifting or carring of objects weighing up to 10 lbs, or walk or stand for much of the working day), a job which your difficulty seeing certian things would not interfere with your work, a job in which the work situation would not make your condition worse and a job in which you have to drive or operate machinery, and you would not be exposed to dangerous conditions".

Tamara, this statement is based solely upon your age.

What you can do is go ahead and appeal now. You should get an attorney, regardless of what others think.

An attorney usually has a network of MDS that they use to counter the SSA.

For example the SSA states you can do light work for much of the day.

That is not good enough. It has to state you can it in a 8 hour work day. An IMO will rip this apart.

Unlike the VA, SSA can discriminate based on age.

John

[tdak]

jbasser,

Thanks for that. When I read it, that is what I kept thinking. I have always been a hard worker all my life. I worked as a young child, 11 I was babysitting, mowing grass, shoveling snow, ya know odd jobs and as soon as I hit 14, full time after school job. Once a car came along, full time job, full time school, then the military. I had grown up with just my mom an 4 kids, so we all worked for our own school clothes, and extras when we could, etc. It wasn't easy. I lived 7 miles outside of town and used to ride my bicycle to work too. Once I became disabled and unable to work it really sucked for me because I really like to keep busy and work. I really do enjoy working (sounds crazy I know!). So when I read that beacause of my age of 39...yada yada yada....I was like what??? what does that have to do with the fact that my body, my eyes etc doesn't allow me to function at a level to actually have a gainful job? I was even more depressed than before. Then when I told my husband to read it, he was not happy, then says, well then let them find you a job like that and see how long it lasts for you, because I know it won't. It just amazes me that in a world in which we are not supposed to discriminate people based on age......the SSA (part of the government) is allowed to? How is that not disrimination because I am within their age requirement? Beleive me If I could go back to work, I would have 10 times over. It is much less aggravation and stress to work than to deal with the SSA for a few hundred dollars a month, at least thats all I will end up with if it does happen to get approved.

Again, Thanks I will be looking for a good attorney this week. Since they all get the same % I can be very picky and make sure I get one who wins the appeals.

[Josephine]

Tamara.

Please do not let your 60 days slip by you. You can win this case. I know that you and my niece are the same age and she beat it with the help of an attorney.

You may wish to do as she did and ask for the " Reconsideration". This should save you some time, as you have already been waiting long enough.

Always,

Josephine

[tdak]

Josephine,

As per my denial letter, they are not offering a "reconsideration" only if I disagree I have the right to "request a hearing" and that I have to do it in writing. they also stated "We assume you got this letter 5 days after the date on it unless you show us that you did not get it within the 5-day period"....yea right...please. I live in a rural area and actually got the letter 8 days after it was dated, which I will tell them when I call them (not that they will change that statement) how do you prove the mail came late? Not that I am going to let this get that close to the 60 day mark.

Do I get a lawyer before asking for the appeal or ask for the appeal then get the lawyer?

Tamara

[Josephine]

Tamara,

I would do as my niece did. Go immediately and secure an attorney. It will be worth it to you in time, as they may drag the thing out without one.

If my niece did not have the illness, I wouldn't be so confident. ( I had better make it clear, this niece is not the one that is a DRO at the Va. )

She is the older sister of that niece.

They both came to my new home a couple of weeks ago and actually she looked health wise better than the DRO niece.

I do believe my DRO Niece is working her kister off to get claims processed.

Be sure to take your picture after the surgery. I saw it on line. A picture is worth a thousand words.

Always,

Josephine

Edited July 22, 2007 by Josephine

[free_spirit_etc]

Tamara,

I have read that a large portion of SSD claims are denied on the first level - and if they are denied at the first level --they are usually denied on the reconsideration. I read that the lower level adjudicators are often hesitiant to grant the claims because they review claims for "accuracy" - and if the claim was denied and should have been granted - the adjudicator doesn't get in trouble. But if the claim was granted and should have been denied - then they adjudicator DOES get in trouble. So they would rather error on the side of covering their backsides. Not sure if that is true - it is just what I read.

A hearing isn't really a "bad" thing -- it takes you up to the level where someone should actually consider the evidence.

You can either be present for the hearing or ask that the evidence be considered without you present.

You can get a lawyer --but one is not required. The lawyer will get a portion of your back pay. It would depend on how certain you feel about your case. If you feel uncertain - I would get a lwayer now --and try to win on this level. If you feel pretty certain - you can do it on your own -- and if you win - you keep it all. But if you don't win - you would most likely need a lawyer for the NEXT level -- and they would still get a chunk of ALL your back pay.

When you request a hearing - they tell you that you have 10 days to submit evidence. But you can send more if you can show good cause for the delay.

I read that before the hearing -- someone will actually go through the claim file and sometimes they grant the claim THEN - and it doesn't have to go to the ALJ.

Also - on the part about filing because of misinformation - if you were misinformed by someone at Social Security -- you can request that your claim date be backdated to the date they misinformed you.

You might want to see if you can talk to the person who denied your claim - and find out their actual reasoning - and address that in your appeal.

If you call to ask questions about your letter -- they can try to give you the run around -- but sometimes they will direct you to the person who actually denied your claim -- so THEY can explain it to you.

Then you can address that in your appeal. (They said they put that because ___, however, ____)

But I don't see an SSD hearing as a bad thing. It is a chance for you to finally get your claim heard.

Josephine,

As per my denial letter, they are not offering a "reconsideration" only if I disagree I have the right to "request a hearing" and that I have to do it in writing. they also stated "We assume you got this letter 5 days after the date on it unless you show us that you did not get it within the 5-day period"....yea right...please. I live in a rural area and actually got the letter 8 days after it was dated, which I will tell them when I call them (not that they will change that statement) how do you prove the mail came late? Not that I am going to let this get that close to the 60 day mark.

Do I get a lawyer before asking for the appeal or ask for the appeal then get the lawyer?

Tamara