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Ssd

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vet2010

Question

I don't know if this is the right forum however I wanted to post an update. I am currently 100% Sc and I applied for SSD back in March of this year (2011), I hired a law firm to represent me throughout the SSD process and the following is a timeline of what occurred during that time. I was just denied again today so here goes.

1.Hired Lawyer and Applied for SSD March 2011

2. Received first response from SSD in June 2011 (Denied)

3. Lawyer applied for an appeal (June 2011)

4. SSD notified me of the appeal notification and SSD stated that they (SSD) were notified in writing that stated Law firm was respresenting me (June 2011).

5. SSD contacted me and requested more evidence i.e, any new meds or new doctors (July 2011) notifed me by phone.

6. SSD contacted me and stated that my appeal was denied again and that I have 60 days from the date of the letter (25 August 2011) to request a hearing in front of an ALJ (Administrative Law Judge). Received denial letter today 29 August 2011.

From what my lawyer briefed me on, because of my age (40) and my education (Assoc. Degree), I would probably be denied all the way up until I see an ALJ. No luck needed I know I will eventually prevail.

Vet2010

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  • HadIt.com Elder

I did it at 41 and possess an EE. ALJ was the ticket. Ever heard of a bench decision?. That is on the spot.

Your attorney will guide you through this mess.

J

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  • HadIt.com Elder

Basically, SSA thinks that an "educated" person with disabilities is still capable of working "sedentary" jobs. The problem is that many of these jobs are actually not really sedentary, or are the last thing a disabled person needs.

Several of the positions I held prior to retirement were generally classified as sedentary by SSA.

The key is to identify aspects or duties that are not sedentary. For instance, technical supervision that requires going up ladders and crawling

around in the innards of large aircraft. I also carried a "flight medical certificate". SSA ignored the fact that I could no longer pass the medical exam, simply because it was not listed as a mandatory requirement for the position.

It was one of those things that they put in your records, track, and complain if it's not up to date.

In my experience, a job that is truly sedentary (sitting at a desk for hours at a time) can cause serious harm. The whys and wherefores can be both physical and mental.

In one case, we had a written directive, based upon past experience with the numbers of serious medical emergencies, such as heart attacks, that encouraged workers in the administrative (desk bound) positions to get up and walk around periodically for both exercise and stress relief. Just working inside a windowless building with severely restricted access seems to add an additional stress factor to already stressful positions.

Naturally, there were other contributing problems, usually involving lack of law directed workplace features and ergo metric furniture designed to reduce stress and physical problems related to sedentary positions.

A senior director took great exception to the directive, and started chastising those who were following it.

The number of ambulance runs drastically increased, and there was an increase in heart attack related deaths, both at the workplace and at the receiving hospital.

(Veterans with IHD, and or PAD take note!)

Edited by Chuck75
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Vet2010- Sorry you're having to go thru the rigamarole, but the good news is that what you stated so far is the standard progression for a claim that can win.

The lawyers I contacted told me to get back to them after I'd been denied twice, so I ended up researching and winning myself.

An excellent resource is member Fanatic Books sites: CLICK HERE

Note RFC forms and getting a statement from doctor(s) that you cannot do any work for at least a year.

The more active a role you're able to take in matching your disabilities to The System's requirements, the faster you may win.

No one will work on your claim as diligently as You will.

Also look up On The Record decision and ask your attorney about those.

Good luck! :smile:

Edited by Notorious Kelly
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The exact wording is as follows, because of my age (40), previous work experience (Infantry solider for 20yrs), and my education I can do limited work based on my education. I know it sounds crazy but, MAN, what the heck. Also they stated they based their decision on all medical documents, VA, Specialty docs, Pain doc, and the Local ER records. I have a hard time believing that because my Pain managment doc have me on Exalgo ( hydramorphine) and he told me I cannot work. The claim is as follows,

1. Depression (50% VA)

2. Back Pain ( 20%)

3. Medication intake

4. Prostate (40%)

these are just what I claimed for SSD however I have multiple 10% claims that equal up to 100% Sc. I spoke to a friend earlier today and he stated that I shuldn't have put my education on the Paper. An Assoc. degree my goodness, I feel sorry for those you out there who have a Masters. You should have failed a few courses (lol)... I will keep everyone posted.

Toothpic- how log ago did you apply and what happened at the ALJ appearance? Thanks

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The exact wording is as follows, because of my age (40), previous work experience (Infantry solider for 20yrs), and my education I can do limited work based on my education. I know it sounds crazy but, MAN, what the heck. Also they stated they based their decision on all medical documents, VA, Specialty docs, Pain doc, and the Local ER records. I have a hard time believing that because my Pain managment doc have me on Exalgo ( hydramorphine) and he told me I cannot work. The claim is as follows,

1. Depression (50% VA)

2. Back Pain ( 20%)

3. Medication intake

4. Prostate (40%)

these are just what I claimed for SSD however I have multiple 10% claims that equal up to 100% Sc. I spoke to a friend earlier today and he stated that I shuldn't have put my education on the Paper. An Assoc. degree my goodness, I feel sorry for those you out there who have a Masters. You should have failed a few courses (lol)... I will keep everyone posted.

Toothpic- how log ago did you apply and what happened at the ALJ appearance? Thanks

My mistake, haven't seen the judge yet. I've been waiting about 3 months now for the chance to "speak my peace" if you catch my drift.

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  • HadIt.com Elder

You have to consider that the SSD system provides employment to a lot of people. If it were easy there would be no SSD lawyers or administratived SSD judges and clerks. Hey, we need to spread the honey around the whole system so everyone gets to wet their beak.

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