Denied Ssdi

[Rangerwaldo]

Got denial letter from ssdi today. This was my first shot at it. Time to roll up the sleeves and appeal. Any thoughts or suggestions appreciated.

[Bonzai]

Your providers have to fill out the RFCs. There are two forms, one for Physical and the other for Mental. You should try to get an RFC filled out for each condition you have. The following post has links to RFC forms:

[Chuck75]

The reason for denial is a very common one used by SSA, especially when the applicant is under some nebulous age. Besides the appeals process, you can submit additional evidence, and ask for reconsideration. You can (at least in theory) also get the VA "treating doctor", as others mentioned, to fill out SSA forms. Besides that, (this has some risk) you may be able to get the VA's retraining program to say that you are not suited for retraining, due to your disability. You have a short time frame to ask for reconsideration. If they ignored "evidence of record" that is of itself a reason.

Hi Carlie,

I have all my quarters and credits covered.

SS wrote, "We realize that your condition prevents you from doing your past job, but it does not prevent you from doing other work". That was there decision in a nutshell.

Looking at the evidence they used I know there missing a ton of Info. I let SS gather all the info. I will not make that same mistake again, I will get everything together myself.

I have reached out to a good SSD Lawyer in my area. I will meet with him next week.

Bonzai,

I will look into the RFC forms. Who exactly fills them out? My doc or va docs?

Thanks all,

Waldo

[Rangerwaldo]

Chuck75: Im in my mid forties. I was talking to a friend last night who's wife happens to work for the Disability Determination in my state. He told me that they actually tell his wife and the other people who work there to deny!! They hate to give money out. He also told me it's hard to get SSDI if your under 50? So being in my mid forties can be hurting me a bit. I do believe that they ignored "evidence of record". What is the time frame for reconsideration?

Bonzai: Thank you for the forms. I will bring these to my Dr's.

Waldo

[Berta]

This site says 60 days from date of decision to file for reconsideration.

http://www.parrishlawokc.com/social-security-disability/social-security-disability-appeals-process.php

Both SSA and also a SSA lawyer tried to discourage my husband from filing a reconsideration request.The lawyer said he would never succeed with it.

As soon as we returned home from the laywer's office I prepared the Reconsideration request and evidence, he signed it and we mailed it.

This regarded a better EED for a different disability.The reconsideration was filed on the award letter he got.

Different then your case - however my husband won 10 more months of additional retro and the new award supported his TDIU claim.

I know of a few cases locally where the individuals had the proper credits etc but SSA said they could work. One person proved they couldn't work and had sent them plenty of evidence.I think they even had an opinion from a Vocational specialist.

One was a child with a serious brain condition. The family at first didn't want to file for reconsideration but when they did, they won SSA for the child.

The worse thing to do is to do nothing when denied like this.

Make sure the Recon Request is timely (within 60 days and get proof of mailing)

A close friend of mine was denied but she said they didnt consider all of her disabilties-just one and she had a few.

I told her one reason we won reconsideration is because I went to SSA and read over their regs and found a reg that says (like VA regs) they have to consider ALL disabities. In my husband's case they only considered his major stroke and although the med recs were predominately for his PTSD they didn't consider that disability at all.The new award was solely for PTSD with a better EED.

My friend however wouldn't deal with a reconsideration-she is too disgusted with SSA.

Chuck is right:

"If they ignored "evidence of record" that is of itself a reason"

In one respect SSA is like the VA- a negative decision can be rebutted with evidence.

Also they have their own regulations that they must abide by just like 38 USC/CFR and the VA.

When I saw Rod's VA med recs going back to the 1980s at the SSA office, and I knew his CVA (stroke) med recs were minimal -I knew they had overlooked their own regs and I used that point with copy of their regs in the reconsideration request but still I provided them with ample medical evidence as well that his PTSD had rendered him unemployable.

[Rangerwaldo]

Hi Berta,

Thank you! I meet with a SSDI lawyer on the 24th. I will see what he thinks about a recon. I truly feel based on the denial letter that they ignored a tremendous amount of evidence. I just emailed my doc's in regards to RFC forms. I have no doubt they will fill them out for me. Like the VA, I guess you have to kill them with evidence. I won't make the same mistake twice in regards to them getting my records (lazy) I should have known better! Anyway, thanks for all the great advice!

RLTW,

Waldo

[Notorious Kelly]

Ranger,

Most people are denied at both the initial and reconsideration level for SSDI.

It's best if you can meet an ailment specifically listed in Title 38.

If not, you need evidence that you cannot perform at ANY job full time and this will last at least a year or until you die.

SS denied my RFC's because my 'doc' was a Nurse Practitioner and not a "real" doctor.

I was scheduled for ALJ hearing but submitted strong evidence and won with an on The Record decision. You have to be scheduled for ALJ hearing (which comes after being denied at reconsideration level) to submit for an OTR. decision.

It sucks that The System is designed to deny but hang in there and you'll win!