hypertension Social Security Turned Down - Need Help

[dav_marine72]

Hi Everyone,

I filed a claim for SSD in April along with TDIU. I get my denial letter yesterday from SS. I noticed they had missed a ton of evidence I sent to them via fax. It seemed like they only used records they requested. I have a reconsideration call on 7/10. I know my way around the VA but SSD is new to me. Here is the quick version of my story if possible:

Currently 80% disabled vet

mental secondary to back 50% on appeal at varo

Asthma 30%

Back 20% on appeal at court

lower extremity weakness secondary to back 10% (given to me by BVA) on appeal at court

right foot weakness 10% on appeal at court

left foot weakness 0% on appeal at court

hypertension secondary to back 0% on appeal at varo

eczema 0% on appeal at varo

right testicle pain 0% at court

Back started in 97

mental in 02

1st back surgery 2/00 discectomy and laminectomy at L3-4 and L4-5

2nd back surgery 3/09 lumbar fusion with interbody cages at L3-S1 - removed scar tissue from 1st surgery

I worked the last 17 years, the last 4 in severe pain. 4 years in the Marines and 13 in the IT security field which requires no lifting. I am 6 credits away from a BS. I am 37 years old.

Meds

Mental

Paxil / Zoloft max doses since 2002

Ativan 1mb 3 x day since 2002

buspar 20mg 4 x day since 2002

Ambien since 2009

Back

Oxycontin 40mg 2 x day

Roxicodone 30mg 3 x day

started at vic - perc - oxy late 2006 - been on oxy since late 2007

HBP

Lisinipril 10mg a day

Symptoms

Mental

panic and hyperventation attacks since 02

depression since 02

My physciatrist at the VA filled out a SS form basically and stated that I can't work based on mental + back

I had my current therapist write a letter stating that I couldn't work because of my mental + back

Back and Legs

4 months post fusion. Pain 2 as worse. I have fallen 3 times. Numbness worse now. Failed aquatic physical therapy and now do independent 1-2 a week. Can't sit for more than 5 minutes without getting nauseus, can't stand more than 10 minutes, can't walk more than two city blocks. I use a back brace and cane. Mind you sitting and standing issue has been since 2000. Stamina slowly started going down. By 2006 I was around the same I am now but not as worse. I had no choice but to work because of wife and kids to take care of. Since 2007 active monthly at a pain clinic with nerve blocks every few months. I had a failed spinal stimulator trial in late 2008. Did physical therapy with a chiropractor three times a week for 2 years from 2007-2008. I worked for a smal company and they wanted me back at week six part time. They gave me till week 8 and then fired me. Just had a VA exam done and was only able to bend forward 0-19 degrees with pain, backward 0-0 degrees with pain, 0-0 degrees with pain on the left and 0-20 with pain on the right. She wrote how I was unstable and have had falls and that I can only sit for 5 minutes, stand for 10, and walk for 10. She wrote at the end that my impairment was mild to moderate LOL. I guess you need to be dead to get a severe. She also wrote my testicle issue which is tied to the back was mild to moderate.

I had a private doctor write two IMEs, 1 in 2004 and 1 in 2007 stating I can't sit for longer than 5-10 minutes, can't stand for more than 10 minutes, and walk for 10-15. He also wrote I should be considered for unemployability. He was writing for the VA of course.

So you get the point LOL. This is the short version. So SS denies me and says I can't do my old job which required no lifting or streneous activities and says I can find another job based on my age, education, amount of wages I made, etc. that is less demanding. Well I'd like to know what job is out there where you don't need to sit, stand, walk, or lift LOL. They also said I had some pain, I can move around and should be able to lift. I honestly believe they did not have all my evidence when the decision was made. However, I'd like to try and win this thing at the reconsideration and not have to wait two years and hire a lawyer.

I've read their basic laws and it sounds like I should be set. I meet 5 out of 5 criteria. They failed me on the fith which was my age, education, last wages, etc. Again if I can't sit, stand, or walk long what job can I do? The prescriptions I take all say I can't drive either.

Any advice?

[dav_marine72]

One more thing. When I went to my recent mental exam for TDIU. The examiner stated that my nemtal alone didn't make me unemployable but that my mental + back was the cause if my significant impairment. So basically three mental health professionals saying I should be working. 2 VA and 1 private.

[john999]

Get a lawyer for the SSD for sure. You don't have to go it alone.

[free_spirit_etc]

On the 6 credits away from BS - are you currently in school?

Initial denials are pretty much par for the course.

You say you pain meds say you can't drive. Do you drive?

O% for testicle pain? Being a female, I have not had that experience - but whatever rater gave you a 0% must have never had testicle pain. I just can't imagine what 0% on that would be.

[carlie]

dav marine72,

Ditto on John999's post.

Sign up with a SSA law firm, they get paid out of your first SSA check.

Even when SSA acknowledges all of the evidence you will probably

need to go thru a SSA ALJ Hearing.

When you have a firm representing you, in most cases you don't even

need or have to attend the ALJ Hearing - the law firm will take care of everything.

Well worth the few bucks it will cost you.

jmho,

carlie

[free_spirit_etc]

The attorney will receive a portion of your retro pay. The attorney will receive the same percentage of the retro pay regardless of how long they have been on the case. So often the earlier you get an attorney, the better because:

1. They will get paid the same amount anyway.

2. They can often get your claim approved sooner - by making sure the claim is fully developed in earlier stages.

3. They don't have to try to undo any "damage" that was done before they became involved (they can prevent it in the first place).

[dav_marine72]

Thanks everyone,

I have an appointment to talk with a lawyer tomorrow. A question was asked about do I drive? Sometimes I have no choice but it can't be for more than 10-15 min. As far as school I had to take a leave of absence. However, I can't attend school physically. I have been going online since 2004 because I can't sit for a class. Thanks again.