Question About Ssdi

[yelloownumber5]

My wife filed for disability.

Her medical condition was that in April 2005 she had her Thyroid removed and filed her FMLA then in Aug of 2005 she was in a car accident and totaled by a 18 wheeler and under treatment of the Spinal Institute since Therapy hasn't resolved her issues. Ironically, she was fired from what while on FMLA, they had thought she exceeded her time off but she didn't and that's another lawsuit in the works. While on FMLA she missed work because she couldn't perform her duties, going to therapy at that time plus all the heavy medication they had her on. She is unable to drive, she has difficulty trying to walk and sometimes just cannot due to the lumbar issues giving numbness in her legs, can't lift probably more than 3 pounds from her cervical issues as well.

She did file for SSDI in Jan of 2006, we received a call then a letter for another appointment date at the local office. During our appointment at the SS Office we were told her SSDI was approved (he showed us the print out of when the SSI started) and they already started her SSI but since it was going to be back dated past the back up her SSDI to April of 2005 they had to figure out how to work around this SSI that was approved in Jan or Feb of 2006. Now we get a letter stating she was denied which seemed strange because it was approved partially (right) because the SSI was reflecting in their system? I'm sure everyone is familiar with the letter but it said they have her records or information from the Spinal Institute which seems strange because I don't see how nor why they would say she is able to work. We have an appointment with her Spinal Doctor later this week......is there anything we should make sure he documents or ask him? I have gone thru the VA C&P's and told her pretty much what to say and do.

Thanks very much,

George

[Pete53]

Its an opinion but it may help you understand. SS makes it very hard and difficult to escape the criteria that she will not be able to work for at least a year. Most Docs are not willing to ever tell a patient that even when they know there is not a chance. I think it really is a weeding out process and the next step is to get the lawyer and appeal.

Good Luck.

[JR Reihs]

Yellow,

I am no expert , but I have been through this as many others who will chime in.

SSI and SSDI are 2 diffrent animals. SSI is income based vs SSDI which is disability based.

Complete medical records is a must, the Doc's opinion's must state how long the condition may last, the complete restrictive report as to function in any job, the medications they have her on to include any side effects they may cause, and any rehab that may be proposed with the duration of such.

If you have not already, you probably need to seek out a good SS lawyer, as it seems you are headed for a hearing to get your wife what she is entiltled to.

[yelloownumber5]

Its an opinion but it may help you understand. SS makes it very hard and difficult to escape the criteria that she will not be able to work for at least a year. Most Docs are not willing to ever tell a patient that even when they know there is not a chance. I think it really is a weeding out process and the next step is to get the lawyer and appeal.

Good Luck.

Pete53,

Understand and I've heard how you usually are denied 3 times. I guess what I don't understand and maybe they at the local level tell everyone that they are approved but since her SSI actually went into effect on say...... 2/1/2006 but at a local level he was trying to change this to 4/1/2005 but could not figure out how to do it but he (the local office gentleman) would work on it and get back to her and bamm get the letter in the mail disapproved. We did plan on appealing ourselves.......was leary about the lawyer issues because she's dealing with one for two other issues with this.

If we chose a lawyer does anyone have someone they could trust in the Charleston SC area.

Thanks.

[Berta]

Dont know if this will help- but-

When my husband filed for SSDI disability they also took a SSI application.

He told them he would not be eligible for SSI as he worked all his life and would receive SSA Disability Benefits.

Well- at some point they approved him for SSI and sent him a check for about 800 bucks- his SSA had not been technically approved yet as I recall.

He called them up and told them that although he had 100% PTSD and significant brain damage from a recent stroke, (granted 100% on that too by SSA) he had enough brain power left to determine he could not accept the check because the SSA award would mean he was over -paid. Also he pointed out that he didnt met the income guidelines of SSI anyhow- his income was over the limit.

He had quite a time with them because he was afraid of this check. They told him to keep the check. He would not sign it or cash it.

Two weeks later when he got his SSA award letter they asked for the check back.

He had been denied SSI- properly- and then awarded SSA.

Could this be the case with your wife?

Each state has a disability determination board that comes under the SSA-

if your local office cannot help you, maybe they could-

are they trying to say that your wife has improved to such a degree she is not disabled under their guidelines?

If so, as someone said here-you should get a SSA lawyer right away. The SSA should have a list in your state of lawyers who specifically handle SSA cases.

If she worked for an employer covered by the ADA- she should file a EEOC complaint against them.

http://www.usdoj.gov/crt/ada/

I believe a FLMA complaint can be filed in conjunction with an ADA complaint.

We filed an ADA complaint in conjunction with USDOL complaints over disability discrimination by a federal contractor and we won in the state of NY.

[Stretch]

This is an SSA Reconsideration Form, similar to a NOD. Get more evidence. Go to SSA site re-enter more information in your claim.

[Guest allanopie]

Hello George,

You can expect the SSA to deny multiple times, if thats what it takes to make you go away.

After you've been denied "once", you may request, (in writing) a HEARING before the ALJ, (Administrative Law Judge).

This is when you want to present the Dr's statement, that you wife cannot perform even "sedentary work" & is "not" likely to improve.

You want her Dr to explain why her health prevents her from performing even sedentary tasks, such as bending, walking, carrying, etc.

A list of Medications & their side effects that prevent her from these tasks, should be included in the comments.

You can expect the same discouragement tactics the DVA pulls. Evidence, What evidence? from the local SSA office. The Judge is the one you want her to discuss her case with. If your dealing with SSA at the local offices, you can bet your bippy, they will play the same games the VARO's do with Vets.

ANY, & I do mean "ANY" error on the part of the SSA is a CUE claim. Meaning you may appeal anytime & they have to pay retro.

It is required that you must have 20 earned credits in 40 qtrs worked

After 8 yrs, I appealed to the SSA regarding the granting of SSI instead of SSDI. The bases the SSA used to deny SSDI, was that I had earned 20 credits in, ONE MONTH, less of 40 qtrs. Eight yrs later I discover as a Vietnam Era Vet, my service time credits may be used to apply it toward earnings, if i become disabled & fall short of credits for SSDI benefits. Since NO ONE at the local SSA office ever heard of the SSA regulations regarding veterans, it was my guess it wasn't applied to my situation. After I produced the codes & proved I could file suit against the SSA for failure to train their employees to provide these benefits to Veterans, I finally convinced them the law was on my side. They eventually came back with, "OH" we applied that to your claim yrs ago. You still don't qualify is all they would say on the phone. After a yr of failing to produce "on paper", just how it was mathematically applied & I still came up short, I simply requested another hearing before the judge. Shortly after I sent in the request, I was awarded the claim for SSDI & sent the retro.

Hears something odd that happened during all of this. I was talking to someone at the local SSA one day & was asked what happened? The guy asked, why are you appealing after all this time, I thought the RO was going to take care of you with "VA PENSION"?

It's much easier to understand if you realize they are set on cheating you out of it, every step of the way.