Ssdi

[rpowell01]

I filed SSDI back in May and it was denied. I cannot believe they do not give you a physical and make a decision without an physical. That is crazy and this should not be allowed.

From here should I file an appeal on my own without an attorney or let a SSDI attorney file the appeal? Also, anybody know any good SSDI attorneys? I know they are all over the internet and it seems Bergmann & Moore, who advertise on hadit, does not do SSDI. I need some help finding a good SSDI attorney.

Thanks,

Rob

edit:

Talked with an attorney a few minutes ago and whenever I told them I was 43 they said that probably why I was denied. This is some crazy stuff...How in the world is this allowed? Seriously.

Edited July 13, 2012 by rpowell01

[stillhere]

I need to ask this. Are you working? If you are then you will more than likely never get approved. If you are not working what is the main reason why you are not?

I am assuming here that you have enough credits for SSDI but you did not mention. The SSA uses other government records and any and all records that you supply to deny or approve. While your correct in a way about them not giving you an exam. It is pretty common place in situation where the applicant does not meet any of the severe disabilities right after review.

You are going to have a fight to be approved but you are going to have to prove beyond a doubt that you can not work. Think of it kind of like a car accident, insurance companies look at all the particulars of the case and make their decisions as to which company pays. Same thing holds true here, the Insurance company (SSA) is not going to be if they feel you can still work at something.

At 43 years old with the age of death at nearly 82 that is quite a long time for you to be carried on the books.

I do wish you luck and hope I may have helped in some way!

[rpowell01]

My VA Psyche Doctor put me out of work on April 27, 2012. Just the week before last I asked her if I could go back and she said no. I have been working for 25 years so I think I have enough credits. I have had 2 doctors tell me I have a spine of a 60-70 year old person. I tried for 2 1/2 years but finally could not do it because of the pain I was in. Whenever you call your spouse crying from work kind finally takes a toll on you and your mind. I have memory issues now, I misunderstand people now on what they say. I can't sit long, I can stand long and I can't pick up a piece of paper off the floor without my back going out now. As I sit here typing this to you I have a sharp pain on the top of my left foot going around to the boot of my left big toe. I have pain my arms, I can barely hold my newborn who was just born on Tuesday. I have to hold her with both arms because she feels heavy. I have chest pains on a daily basis now since around April 2010. I can't move my head without my neck cracking and popping and sounds like Rice Krispies. I have actually been in pain with muscle spasms since my injury in 1994. Not a day has gone by that I haven't been in pain. That pain i was able to deal with but this nerve pain can go to h311 for all I care, it is evil. So you ask can I work?

Forgot one thing. I have headaches since 1994 since my injury 3-4 times a week. Now, its a daily issue and no medication seems to help the headache, none of the prescriptions nor any OTC medication....

I just have an issue of SSDI for not examining me. That is my concern I have. The VA doctor do not report all my issues. I have seen those records so I know what they do and don't report. They report what they want. This is another reason why I transferred out of Bay Pines.

Thanks for information...

Edited July 16, 2012 by rpowell01

[free_spirit_etc]

I am puzzled as to why you would not state that you cannot work because of neck and back pain (as well as your other conditions...) Your neck and back pain seem to be very relevant to the claim. It would seem that you would want to state that they are part of what prevents you from working.

Thanks everyone. They said they said that I said I couldn't work due to anxiety, neck and back pain. I never, ever said in my application I couldn't work because of neck and back pain. I gave accurate diagnosis from MRI reports such as Cervical spondylosis, thoracic spondylosis, lumbosacral joint disc disease and C2-3 disc protrusion, bilateral arm pain, chest pain and C5-6 herniation causing foraminal stenosis. All of these are on MRI reports. The VA missed the herniation and I have the CDs to prove it when comparing it with the private MRI I had. I know they pulled that MRI report because they said they used the report from a private Neurologist who ordered the MRI. Also, I didn't see them use the reports from a private Neurosurgeon I went to, which would have shown weakness in my arms and legs.

They said that "your condition is not severe enough to be considered disabling." I want to thank the VA for this because I have been improperly treated by Bay Pines and my PCP and its all on record at Bay Pines. This is why I transferred to James A. Haley. I just recently requested another MRI to my PCP and he stated "no it has been only two years since your last one". Such BS if you ask me because things have gotten a lot worse, big time. Then there are all the denials to see a specialists at Bay Pines or James A. Haley. Bay Pines kept denying me to see a specialist (Neurosurgeon and Orthopedic surgeon) because of that geek Dr. Graham, who works out of Atlanta but contracts with Bay Pines, said that Bay Pines was short staff and that James A. Haley was short staff. Well he was caught in a lie whenever a James A. Haley ER doctor told me that was a lie. This is why I transferred out of the Bay Pines System. In my opinion they are not equipped for people my age and the younger veterans. A good story of this is a friend of mine who was going to Bay Pines. They treated him so badly that he finally went off on the doctors and they had to call the BP police. He went home and transferred to West Palm. He said there is a huge difference there because there are a lot of younger veterans there. Maybe that's where I need to go for my issues. But, I will test James Haley out first. I am actually waiting on the new hospital in Orlando to be completed then I am going on there if James A. Haley doesn't help.

Anyway I am okay with the decision, the VA has given good training with denials so no sense to be upset, and I have a consult with an attorney soon enough. I bet a new MRI will prove all of them wrong because a person knows his or hers body better than they do and they do know when things change or is different.

But, again it should be unlawful for the SSA to give a decision without a proper examination first. Looking at medical records that are over 1 year old does not show CURRENT issues. I think I am going to file a complaint of this manner to a Senator this coming week. There should be standards and the SSA is a joke on this issue.

Actually Social Security is not required to give you an exam. They only have to order an exam if there is not enough information from your records for them to determine whether or not you are disabled. http://www.ssa.gov/OP_Home/cfr20/404/404-1517.htm

Odd, I know. Because they can determine that the record doesn't support the finding of disability and then get out of ordering an exam.

They will probably order one when you appeal though.

[rpowell01]

No no you dont understand. I didn't put neck pain or back pain on the application. Pain is not a diagnosis. I put the true diagnosis that causes the pain on the application such as Cervical C2-3 disc protrusion, C5-6 herniation, foraminal stenosis, etc...I put everything I have been diagnosed with having since 2007. It was a huge list.

[free_spirit_etc]

Oh. I am sorry I misunderstood. I realize that pain is not a diagnoses; it is a symptom. But diagnoses don't generally make you disabled. Symptoms, and how they affect you, do. Your diagnoses are certainly helpful though - because they can help support your own reports of your disabling condition(s).

I am sorry you got turned down. It is aggravating for sure - again, especially since they did not provide you with an exam.

Appeal! Appeal! Appeal! And keep moving forward!

[rpowell01]

I see what your saying now..On the application I did use the diagnosis of each thing I knew. Then whenever they sent me all those forms, to include things about the anxiety, I talked about the pain and how the pain affects my daily life and has increase the anxiety to almost an every other day issue. It comes and goes on a daily basis. My spouse even had to fill out some forms.

I was put out of work in late April. Just last week whenever my spouse had our newborn was the second time I drove our car since being out, the first was to a VA appointment. The rest of the time, my wife drives because I cannot turn my to the right over my shoulder without getting these spikes or zaps which I thought was withdraws from venlafaxine but the psych doctor told me it wouldn't last this long. And, i do remember telling a private orthopedic surgeon about these issues and he checked me for Thoracic Outlet Syndrome but it wasn't a thorough examination just a quick one. Sorry for going on and on, I guess I just want someone to hear me because I have called out to doctors since January 2010 for help and really haven't received much support from then.

Edited July 18, 2012 by rpowell01