Ssdi Denied. Says I Can Be A Cashier.

[mariorivera830]

Anyone know of a good lawyer to contact in SoCal? It basically said that I was denied because I can still perform work that I did 12 years ago as a cashier. Even though it shows that I have clear panic attacks in public. I figured it would happen but hoped for the best. Next step: lawyer up. Thanks in advance!

-Mario

[63SIERRA]

HELL I CAN FOLD CLOTHES!!! HAHA

[Philip Rogers]

Yup, that's what they told me, I could both fold clothes and cashier. I agreed, I could cashier, if they didn't mind the dead bodies piling up, after about the 3rd day. Doesn't play well w/others, especially non-vets!! Try http://nosscr.org for a lawyer in your area.

pr

Edited March 7, 2015 by Philip Rogers (see edit history)

[63SIERRA]

Better get a lawyer who will appeal if they lose at the judge hearing. many dont bother and play the numbers. ask the lawyer how many claims he has pushed to appeals after they have lost at the initial hearing with the judge.

ALSO make damned sure your medical recored relflect your ilnesesses and injuries. this is the primary reason I lost.

[63SIERRA]

Yup, that's what they told me, I could both fold clothes and cashier. I agreed, I could cashier, if they didn't mind the dead bodies piling up, after about the 3rd day. Doesn't play well w/others, especially non-vets!! Try http://nosscr.org for a lawyer in your area.

pr

I wouldnt last one day behind a counter dealing with the public.

[free_spirit_etc]

Was this the initial denial, or at a hearing?

And I vote for PR's advice to contact NOSSCR.

I wouldnt last one day behind a counter dealing with the public.

Are you sure you would last that long? ;)

[63SIERRA]

I wish the judge could spend a week in my shoes/ problem is this country has a certain percentage of people who are leaches on society and will never contribute one nickel of taxes to this country. So the blue collar worker bees, they dont want us to stop. keep giving till theres nothing left, then they hope you dont make it to 62 or 65 to collect your big fat SS check.

The united states govt will NEVER recieve another nickel of tax revenue from me if I can help it.

Was this the initial denial, or at a hearing?

And I vote for PR's advice to contact NOSSCR.

Are you sure you would last that long? ;)

your right., im thinking 3 hours is realistic/

Edited March 8, 2015 by 63SIERRA (see edit history)

[63SIERRA]

A trick question they ask is .. can you answer a phone. if you say yes, with no additional info .. your screwed/ you better say yes I can answer, but might fall asleep, or insult the caller, or bang the phone on the table into its in 1.000 pieces.

Edited March 7, 2015 by 63SIERRA (see edit history)

[mariorivera830]

Wow that was quick! Thanks guys. And this was an initial claim. My records reflect pretty much everything that's wrong with me. Like I said, I was expecting a denial, but hoped for the approval.

The cashier thing seems to be their main rebuttal. Me and my wife are starting the process to find a lawyer so thanks for the tips.

She also got approved for the Caregiver program at tier 2,so I wonder if that fact will help. I will keep you all posted on the details as they come. Thanks again.

-Mario

[Guest]

Keep in mind that lawyers don't have to be local. Just make sure they a capable and willing to go all the way to court if they have to.

[mariorivera830]

Really? I didn't know that. How does that work with them not being local?

[free_spirit_etc]

Really? I didn't know that. How does that work with them not being local?

Some larger law firms might have several cases in the same area. If you have a strong case, they also might be able to get a "on the record" decision. In fact, most lawyers would probably file for an on the record decision -- which basically says there is enough information in the file to grant the claim without talking to you. They really shouldn't have to personally speak to you if there is enough medical evidence in your file. If the judge doesn't grant an on the record decision, that means he / she wants to talk to you, or your witnesses before making a decision.

The lower level employees have to follow POMS in issuing decisions. ( OR they are supposed to). But the judge follows the law; not POMS. So the judge has a lot more leeway, and can take many more things into consideration (in your favor).

Keep in mind there are probably quite a few attorneys that will take your case -- so if you don't feel comfortable with one after talking to them, keep looking.

Good luck with your claim!

[Navy04]

Sorry to hear of the bad news. Good luck and remember the SSA almost always denies people the first time. Keep us posted

[lotzaspotz]

My husband used Binder and Binder out of Long Island, NYC. We're in Louisiana. He was approved on his first try based strictly on service connected disabilities. They knew what questions were going to be asked and what needed to be proven before we actually got too deep into the process. We transacted business by phone, fax and email. They were very thorough and we were most pleased with the results. It's my understanding that this is all they do and have been in business for a long time.

[63SIERRA]

whatever you do dont get an ex jag lawyer near a military town . they seem to have that rank AND File mentality etched onto into thier brains, , and if the judge says NO,. THEY RUN !!!

My attorney didnt say much at all, an opening statement that I found quite sparse, and that was it. He didnt argue anything, If Id known that, I would have told him to wait in the parking lot and let me do the arguing.

I was not impressed AT ALL.

Edited March 8, 2015 by 63SIERRA (see edit history)

[Oiler1995]

Social Security denies 75% of claims filed,no matter what your disability is.There goal is to get you disgusted,so you give up with your claim.That is there main purpose,they are evil.Dont give up the fight.

[mariorivera830]

Alright then, it's been a while since I have logged on here.

 

Update:

 

Still waiting. I got connected to ALLSUP through a family friend who is collecting SSDI, and aside from having a website to check that my status is still "Pending at the reconsideration level" I don't know that there is much going on. I received and filled out a second packet of questions that I filled out in my initial claim. My wife did a second one too that they sent us. My assumption is that they are trying to catch us in a lie (but that may just be my paranoia talking). So who knows what's gonna happen. My year long state disability is going to run out at the end of November and we're still kinda stressing about that.

Anyway, on my last claim from last October, that awarded me my 100% with SMC-S, I was denied for some stomach issues (IBS, GERD and Gastritis) that they said weren't service connected, but "likely aggravated by but not caused by PTSD". It literally says that in the decision letter. So I am waiting for my appeal on that. E benefits says that they're in the Prep for Decision phase and I should receive my answer shortly..... by November 2016!

So, there's that. hope everyone is doing well and hopefully I can keep on this site more often, I don't know much but I have a wealth of knowledge to pick from here. Thanks everyone. 

[Vync]

I'm surprised they don't tell people they are qualified to be an SSDI adjudicator

[Chuck75]

A friend of ours was a painter, running his own personal small business, and was denied at the SSDI appeal with the statement "you can hire someone"

??????

[Vync]

Hire someone? With what? Geez...

[rpowell01]

Anyone know of a good lawyer to contact in SoCal? It basically said that I was denied because I can still perform work that I did 12 years ago as a cashier. Even though it shows that I have clear panic attacks in public. I figured it would happen but hoped for the best. Next step: lawyer up. Thanks in advance!

 

-Mario

Mario if this is the first denial then don't worry because whenever you file for benefits the STATE makes a decision. It happens with what 80% of all SSDI claims. Research in your area for SSDI attorneys.