Jump to content
VA Disability Community via Hadit.com

Ask Your VA   Claims Questions | Read Current Posts 
  
 Read Disability Claims Articles 
 Search | View All Forums | Donate | Blogs | New Users | Rules 

  • homepage-banner-2024-2.png

  • donate-be-a-hero.png

  • 0

Denied

Rate this question


navydoc2

Question

Got my letter today from SSD and it was denied. I'm confused I feel the wind has just been knocked out of me. I honestley don't know if I have any more fight left in me to appeal this.

Link to comment
Share on other sites

  • Answers 25
  • Created
  • Last Reply

Top Posters For This Question

Top Posters For This Question

Posted Images

Recommended Posts

  • HadIt.com Elder

NavyDoc2

Since a Lawyer took your case you are in like Flynn. Most of the Lawyers give their client dates that are the farthest out so that they don;t get bugged about when is my hearing.

My bet is less than a year

Link to comment
Share on other sites

NavyDoc2,

Go get them! I just reviewed my records and they are as follows:

Initial filing July 2008: I filed earlier but they said my paperwork missed the deadline, so I went to the office and waited until I could fill it out in person. I complained I had filed in time, and the woman told me it doesn't matter for SSDI cases, as the judge will rule to the last day worked, up to a year prior.

SSA exam Oct 2008.

SSA denial Christmas Eve 2008

Reconsideration filed January 2009

Reconsideration denied March 2009

Request for Hearing before an ALJ March 2009

Hearing scheduled for March 23, 2010.

Based on my experience, I would say you have 14 months or so from where you are now. I know it seems like a long time, but the good side is that you are already months into the process.

The biggest thing about my case that makes me nervous is that I have a 'hanging ALJ' to go before. His decision rates last year were 40 Fully Approved and 2 Partially Approved out of 158 cases he decided on. So his denial rate is roughly 75% of the cases he reviews. I have an IMO scheduled for Feb 27, 2010, and more evidence my lawyer and I are supplying the judge pre-hearing. I just hope to be one of the lucky 25% he approves this year, but these are the best odds I have had with SSA so far.

Edited by Bonzai
Link to comment
Share on other sites

Thanks all for the responces. J I went with Troutman and Troutman. Ironically I had spoken with Sanders too. :D. Bonzai let me know when you win I'm rooting for you. Pete, your mouth to God's ears on the time from would be nice If it could come for Christmas.

Link to comment
Share on other sites

NavyDoc, I feel your pain. The same happend with me as you probably already know. Hang in there, keep fighting. I filed my reconsideration myself in Jan without a lawyer. I figure I could at least attempt those two levels on my own. The only thing I did different with the reconsideration is printed off the SSA medical statement forms for my VA doctors to fill out. There was one for physical and mental health. So I had both of my docs from the VA to fill them out which included a physical and mental assessment form and their signatures. I figure having the docs fill out the activity assessment and state what I could actually do is better coming from them than me. One of the docs actually stated that I could not work and why. Well I will see if that made a difference. I feel that it will. If that still doesnt work then at the ALJ stage I will hire an attorney. I called today to check on my reconsideration and was told that it had not been assigned as yet. Sounds like a backlog. Well thats much better than the 10 days it took them to deny me after the outside exam at a chiropractors office by a medical doctor whose office gave me a lawyers business card. I also sent with this reconsideration my new diagnoses of PTSD and some C spine xrays that they did not have before of damage to my C4-C6 in addition to my lumbar DJJ and sciatica, loss of use of my left foot and foot drop that they already had. So i am in the same boat as you. Good things will come to those who wait and fight. :D You'll get it.

Link to comment
Share on other sites

Don't give up. Yes, waiting sucks but you got this far. I hired a lawyer from the beginning and still got declined twice. I just got my Fully Favorable letter this past Friday after I did an exam last October. Third time was literally a charm.

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
×
×
  • Create New...

Important Information

Guidelines and Terms of Use