SSDI review doctors

[rpowell01]

I am currently in the Continuing Disability Review Process. Already was told "You can go back to work" even though the VA says "Um No you can't.". Dr. Bash wrote up a IMO on this review writing there is noway I can go back to work. Keep in mind the SSDI was originally approved because of Dr. Bash's VA IMO report because after his IMO was written I was finally given an EMG which gave his IMO 110% accuracy. So Dr. Bash just recently wrote me an IMO again on this SSDI CDR crap I am going through. But it appears the State of Florida's disability is sending me to some Occupational Specialists for an Exam. I just read online that if the Doctor the state sends you to is not a specialist in the area which you are applying benefits for, mine is because of spine and radiculopathy UPPER and LOWER, that the Specialist holds more weight.

Has anybody been sent to a Occupational Specialist for SSDI and if so what do I expect from this type of specialty?

 

Robert

 

[john999]

Robert

 

                   Well,  if SSDI is sending you to "their " specialist I would say that the cards are probably stacked against you.  You do want to have the worst day of your life so whatever facilitates that outcome is called for because the state of Florida as you might guess thinks you are a faker, liar, scammer and such.   Perhaps Dr. Bash can recommend a friendly specialist in your area of disability to exactly offset the SSDI's so-called specialist.   I have no idea what a SSDI occupational specialist is trained in besides concluding that all people can work.  I would be on the lookout for my own occupational specialist to dispute their findings.  If the SSD wants you to self-evaluate your abilities I would advise you to say you have no abilities and can barely wipe your own butt.

                        John

 

 

[Chuck75]

"the cards are probably stacked against you".

That's not uncommon. When I applied for SSDI, my records were sent to an internist paid by the state.  While he did say that the disability was "plausible", He failed in the details to really go any farther.  The end result was what looked like a reluctant approval, with an EDD later than that permitted by the law.  I ended up filing an administrative appeal (not exactly the same as the formal appeal process) citing the fact that the doctor was not a specialist in the appropriate field, and my doctors and opinions were from the correct specialties.  I even had a junior SS clerk try to tell me that "you can't do that" at one point in the process. It really helped that her boss had told me specifically what to do and how to do it.

[rpowell01]

Well if they still deny during my CDR I am going to file to bring in the appeal court ruling in another state, cannot remember which state it was, that was a federal ruling that says that the ALJ must in fact give more weight to a VA Decision such as in TDIU. Don't ask me why people are not using this with SSDI when a federal appeals court rules on it then it can be used in every state.

 

I don't think they are stacking up against me but they are trying to refute Dr. Bash but its going to be hard to refute somebody who is a specialist in that area of expertise. A new EMG from last year shows I have CHRONIC Lower Extremity RADICULOPATHY and also on top of this I also now have PolyNeuropathy in both my legs all from the L5-S1. I have loss of sensation with pain. You touch my feet they hurt in pain.  Plus I just had an MRI that showed at least 4 disc protrusions in my neck and I have a CT that shows Moderate to Severe DJD throughout my whole spine. How can they defeat that is beyond me. But we will see. I remember my dad was in his mid 50s and the SS doctor told him he was going to do what he can to get the disability and he did. I pray this doctor works in the same way for me but I am keeping my cool.

Also SSDI is going to have a hard time trying to say that I can work while on Morphine SR and Morphine IR and 3600mg of Gabapentin. Oh lets not forget the state disability SSA people can say I can drive because you have to drive to work then they are breaking the state laws. I do not drive unless its an emergency, my wife drives everywhere. Its all good because if it comes down to me filing a Federal TORT Lawsuit against them I am sure some attorney would love to pick up the case. Remember SSA must in fact take into consideration any and ALL medications into account.

 

Chuck you are right a Occupational Specialist is a GENERALIZED DOCTOR and not really a specialist and Dr. Bash would in fact still over rule him with his own opinion. So I will talk with Dr. Bash and let him know about what is going on with the Occupational Specialist.

Edited April 10, 2016 by rpowell01

[rpowell01]

Okay well talked with Dr.  Bash and they cannot override Dr. Bash. Also the VA says I cannot work and I filed for P&T so they are now working on that. I don't care if SSDI continues me or they don't the 5 years limitation doesn't go against me since I was originally approved, I think. I will be 50 in 2 years so they will have to approve me sooner or later. I just think they want to make sure I cannot work because originally I didn't have these exams, no exam actually, and they kept denying me until the ALJ said "Whoa this guy cannot work he has bilateral lower radiculopathy." But what changed from the original filing until now on getting exam is beyond me.

 

Either way I think the ALJ will continue the SSDI since I am still on pain medication, never had surgery yet and I am almost 50. I guess it would take for me to blow out of disc again for them to continue it. Nerve damage is nerve damage mainly at the nerve root, they do not regrow like other nerves.

[rpowell01]

Well had a exam today and it was only 15 minutes long. Kinda like the MD didn't want to go into detail. He is just an MD not a specialist so I would like to know how to file the in administrative appeal since he was just a plain ole' md chuck like you did just in case they don't continue the SSDI. Tomorrow I have a mental health examination so hopefully it will go better.

He did ask me questions like how long ago I was injured and what were my diagnosis's which I forgot some but that is the way it is I forget all the time now. But I did tell him the EMGs showing upper and lower radiculopathy. Hopefully he will see the medications I am on and see that my issues are real. He did ask me if I was getting treated for the Panic Attacks and I told him yes I go the end up the month for my follow up appointment with the VA. Also he asked if I had surgery yet and I told him the VA wants to implant the SCS which I am still debating but now leaning towards getting it, anything to help me out.

[rpowell01]

Had a mental health exam. The Psych Doc asked a lot of questions and really appeared to show interest with my condition. On a side note he use to work for the same company I did before I medically retired. But he was thorough and specific. I hope he seen I was in pain and how much I forget things. I explained to him that I didn't start taking pain meds until 2013 and before that my memory was going bad because I think its the 3600mg of Gabapentin I have to take. That stuff will put you in a fog.

 

So now its fingers crossed but I have this feeling I will have to appeal to the ALJ because I didn't get good vibes from the MD yesterday on the physical exam. He was just a plain doctor so noway can he override Dr. Bash.