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

[Ethan'sGrandma]

Sorry about your denial and I encourage you to continue...don't give up!! They do look at age, as well as education, but there is nothing set in stone when it comes to denials/approvals, they look at the evidence and vocational ability. They do seem to be doing some of that, not sending for consultative exam, but going by what one already has as medical evidence. I don't remember it being that way much years ago, but I know I found it strange that my son never was sent to one of their own consultative exams, but only had VA information. However, according to the attorney, that was a better route because too much involvement by others is not always a good thing. The attorney worked with what was there, from VA, already. According to articles, there seem to be more people applying now, which is thought to be due to the economy, so I'm wondering if that's why they are not offering more development of claims? In any case, my son was originally denied, went through the process of appeals, all the way to court filing, but re-applied for SSA, pending the claim making it that far up. On the second round, he was denied again on the first decision, but at the hearing level, he was finally approved. He gave up the EED, along with the retro, by withdrawing his first claim because he did not want to continue that process with always the risk that they will change the claim, altogether. I think what helped his claim was the vocational expert they had at the hearing whom could not specify a job he could do with his limitations. The VA doc did also complete a report for him which helped a lot, also, with the claim since he had nothing else outside of VA treatments as evidence. He did obtain an attorney because a good one will help in developing what evidence is necessary and will make the argument at the hearing, which certainly helped my son's claim, due the vocational expert was trying to come up with jobs, but the doctor's report disputed the ability for any of the simplest the vocational guy could come up with. So, yes, an attorney is most helpful, imo. I can't give you any names, unless you are out of or near Illinois, since that is where his lawyer is located. Any SSA claim attorney can handle a claim, but if it continues to the higher court, out of towners will not do for that because it needs to be filed in the state. One thing to keep in mind when you do find an attorney which is something that I learned along the way, some will work the appeal only as far as the local hearing level. The one that my son found was through a referral from someone that already had used him for their claim. Maybe you can ask around your area for others that have needed to go that route? Otherwise, many times some attorneys become well known for doing that type of work within their communities. I wish you much success!!

[Chuck75]

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.

When was the denial formally made? If it's within 30 days or so, there is an SSA process that can be used before you get into the formal appeal. I used it to obtain a better EED.

Initially, I had advice from a senior SSA clerk on what to do. A junior clerk didn't know anything about the process, when I returned with the paperwork required, and I had to get the junior clerk to date stamp the paperwork, then flag it for the senior clerk's attention. Six months SSDI is six months of payments. Then, six years later, the VA Nehmer review finally really looked at the evidence, reversed several denials that fall under presumptive, and used the SSA revised EED to award additional conditions that were implied but not directly claimed in the original VA claims. (And it ain't over yet with the VA!) It looks like there are possible CUEs on two remaining denials. If successful, that would force the VA to award additional SMC amounts.

[rpowell01]

I have an appointment with an SSDI attorney in Lakeland, FL on the 23rd of this month. So, I hope they will take my case.

BTW, anybody on here seen or hear from Dr. Bash lately. I sent him my files and I haven't heard from him in about a month. Don't know what is up with him with him not answer phone calls or emails but I am starting to get a bad feeling in my gut about using him.

[ketchup56]

You can appeal thru what is called a reconsideration of previous denial. You yourself can win your claim on your own IF your'e willing to put in the work. Research and learn everything you can about what ssdi needs to award claims. There is what the ssa call"s a "GRID RULE BOOK " study that and download on the internet what's called a "RESIDUAL FUNCTIONAL QUESTIONNAIRE FORM" and have your pcp fill it out for you and if this information matches your medical records evidence this should maybe AT LEAST at a minimum get you what ssa call"s an consultative exam. Also if your state where you reside does not have "reconsideration of appeals" i probably would just hire an attorney, but to be honest they will drag it out and take awhile before you go before an administration law judge.

What was the reason they denied you? Age does matter but only in the right instances. You can receive benefits at age 43 and younger. Whatever you decide, do not forget the timelines on filing of appeals, and DO NOT file a NEW CLAIM so as to protect your earliest effective dates.

I did all of this, was denied the first time, but i put my head in the books and the internet and won my claim on reconsideration without an attorney. Start from the "REASONS" they denied you and go from there. Most times what wins ssdi claims is what's in your medical files and that residual functional form. Good Luck.

JMHO.

[Notorious Kelly]

Sorry for your disappointment, but being denied twice is the standard route to winning SSDI for most people (who continue fighting for it).

You've either got to do massive preparation on your own using resources like http://www.howtoassemblevaclaims.com/ssd.html

If you do use an attorney, I recommend still doing as much as you can on your own using that site, to ensure important details aren't missed.

Good luck!

[rpowell01]

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.

Edited July 14, 2012 by rpowell01