Looking For Good Lawyer In Northern Wisconsin

[Carl the Engineer]

All,

Not for me, but my wife. She was denied today for her Social Security Disability Claim. I'm sure she has a claim and could win with the right lawyer. I did read how they are compensated, so I understand that part.

Her initial claim was for Chronic Pain Syndrome from bialteral knee surgery, for which she is diagnosed with, however, not on the Social Security list of maledies. She had many more complications and medical issues and we could have proceeded in the wrong direction with the (1st/initial) claim.

Anyway, we (she) has 60 days to request an appeal.

Any help would be appreciated,

Thanks,

Hamslice

Actually going to Mayo Clinic in Rochester today. She is having 2 minor (but compicated) surgeries tomorrow.

[Carl the Engineer]

pr,

Primary Progresive MS is very hard to diagnos, especially the start, from what I read. My wife actually had a MRI done at Mayo Clinic in MN over twenty years ago, when they were trying to figure out what her ailment was. The MS doc she saw (the second opinion) stated that she had MS back then when that MRI was taken. She just didnt have all of the clues back then like she does now.

Almost all of her problems she has had for the last 20 years are or could be considered for PPMS. I think this was the last piece of the puzzle.

Also, I think the reconsideration is the same as an appeal, for the initial claim, but not too sure on that.

Thanks for the responses,

Hamslice

[free_spirit_etc]

"Also, I think the reconsideration is the same as an appeal, for the initial claim, but not too sure on that."

Yes. A reconsideration is the same as an appeal. Most often, they are similar to the VA reviews, where the second reviewer pretty much restates what the first one said. If your wife is denied on the reconsideration, she can request a hearing.

Below the hearing level, the SSA emloyees follow the POMS manual. So they better the disability fits into the neat little boxes, the more likely a claim will be granted prior to a hearing. Judges have more discretion, and base their decisions on the law, rather than POMS.

[free_spirit_etc]

I think they'll also go back the waiting period of 5-6 months, for a total of 17-18 months. But, in her case, they may only go back to the MS diagnosis date, because they didn't consider her disabled before that.

pr

Yes. You are correct.

§ 404.316. When entitlement to disability benefits begins and ends.

(a) You are entitled to disability benefits beginning with the first month covered by your application in which you meet all the other requirements for entitlement. If a waiting period is required, your benefits cannot begin earlier than the first month following that period.

§ 404.621. What happens if I file after the first month I meet the requirements for benefits?

(a) Filing for disability benefits and for old-age, survivors', or dependents' benefits. (1) If you file an application for disability benefits, widow's or widower's benefits based on disability, or wife's, husband's, or child's benefits based on the earnings record of a person entitled to disability benefits, after the first month you could have been entitled to them, you may receive benefits for up to 12 months immediately before the month in which your application is filed. Your benefits may begin with the first month in this 12-month period in which you meet all the requirements for entitlement.

http://www.socialsecurity.gov/OP_Home/handbook/handbook.05/handbook-0502.html

502.1 What Is The Waiting Period?

The waiting period consists of five (5) full calendar months in a row. It begins with the earliest full calendar month (but not more than 17 months before the month you filed the application) that you:

1. Are disabled; and
2. Meet the disability insured status requirements for benefit purposes. (See §207.)

You are not entitled to benefits for any month in the waiting period.

Edited September 18, 2013 by free_spirit_etc

[Carl the Engineer]

Update,

Wife called today and the response was; they are working on your claim and it was sent to the State(?), and there is a completion date of Dec 4. So if you do not hear anything by the 4th, call me(us) back. I see that there is no hearing scheduled for you, so that is good. Sometimes when they go this far and there is a good diagnosis that is good. I see where you changed your diagnosis, so the docter is collecting all of your records. Yes, the is a doctor reviewing your case. In addition, my wife asked if she would have to be seen by a SSDI doctor and he stated, he did not see anything that said she would at this time.

All,

So, I know nothing on how the SSDI works, so clue me in on what is happening.

Hamslice

Edited September 19, 2013 by Hamslice

[free_spirit_etc]

hamslice,

This link explains it pretty well.

http://www.ssa.gov/disability/determination.htm

Sent to the State means they sent the claim to the state Disability Determination Services. They will look over the medical records and make a determination if your wife is disabled. Depending on her medical records, they might or might not decide to schedule her for an evaluation with one of their doctors.

When my son was initially put on SSI, they didn't do an evaluation. They just made the decision based on his existing medical records. Since he was disabled as a child, he had to be re-evaluated later. It seems like when he was 18 and 23. However, the doctor they sent him to was very nice. He did some testing, and then came out and told me he was recommending they keep my son on disability.

[free_spirit_etc]

Here is an interesting post on SSDI and MS

http://www.allsup.com/about-ssdi/ssdi-guidelines-by-disability/multiple-sclerosis-(ms).aspx

Part of whether they will consider her "disabled" at this point is based on her level of functioning. Another part is based on her age, jobs skills, education, previous work, etc.