I've been denied Social Security Disability after my appeal. What should I do?

[kent101]

I think they denied me because I don't have a voc rehab letter saying I'm unemployable. I was working as a security guard where all I had to do was sitting, walking a little, opening and closing doors for contractors doing construction. I figure their can't be a more simple job that that, but I had to quit because of the work environment. I don't want to try voc rehab because I don't see the point in it. I'm not wanting to go back to college and couldn't handle it and I'm unable to do physical labor or simply standing too long or sitting up too long. They gave me 60 days to appeal to the ALJ, but I'm not sure if I want to continue this. What should I do?

[Carl the Engineer]

This is what I can tell you that worked for my spouse.

We were denied twice because MS (Multiple Sclerosis) is not on their list of maladies.  You will be denied if your problem is not on their list.  The list is on the SSDI site.

After much research online, I found a legal aid place for SSDI called ALLSEP.

The good news about ALLSEP is that they are paralegals, not lawyers, so I assume it costs less, and they have a very high success rate.

The bad news is, they have a very high success rate because they "will not" take your case if they do not think they will win.  So, you will know if you have a case or not right away for free.  First call is free, etc.

They won my wife's case and she had to pay a percentage of the back-pay, plus supplies, etc.

So, in our case we got 6000 in back pay and they kept 2000 of it.

Also, when you get SSDI, you don't get a check for the first six months, and you don't get medicare for 24 months.  But, in our case, we traded getting SSDI monthly for a year of medicare, because ALLSEP settled the case in three months instead of waiting 18 months (the going time-frame for a hearing in Wisconsin).

So, we got the monthly payments six months after we settled and had to wait 30 months to get medicare.

Also, a biggie is your age when it comes to SSDI.  In our case they settled on my wife's birthday, because she turned 50.

I have other posts on here regards age(s) and SSDI.  It is very different than the VA and VA comp.

FWIW,

Hamslice

I have no affiliation with ALLSEP, none, whatsoever.

[Guest L]

@kent101 -  @Hamslice Is correct - look at the criteria for the disability you are claiming - if it is not on the list.... harder time proving.... 

Also look at the age - harder to get approved under 55. They do look at your work history - I did not have a letter from voc rehab and I did have 2 degrees. 

I received mine first time after 2 months of applying - mainly because in 2013 we had the government shutdown.... took some time. 

I was told I was granted SSDI by  the doctor on my physical evaluation.

43 years of continuous work, He stated " I cannot believe you lasted this long in a manual labor job". 

[Berta]

Do you mean you are appealing a SSA decision?

If so have you contacted any lawyer well versed in SSA?

 "I don't want to try voc rehab because I don't see the point in it. I'm not wanting to go back to college and couldn't  etc"

The point is if Voc Rehab turns you down solely due to your 70% SCs, this means- if one is un=vocrehabable, solely due to SC conditions ,  they are also unemployable- solely due to SCs, and it will help you get TDIU as well as SSDI- at least that is the usual way that goes-but maybe there is more to this than we know.

 

[vetquest]

I think that your security job is what is hurting you.  During my SS hearing the vocational expert said that I could work as light office or a parking attendant, this would have sunk me except for he said that I could not do the jobs because if my medical instability.  I was let go from my previous job due to medical issues and I was almost 50.

To have a chance you need to follow previous advice and get legal representation.

[Richard1954]

I can tell you this... unless you were forced to leave your job for medical reasons, or unless a doctor said you cannot work its very doubtful you would get SSDI. You don't need a letter saying you can't attend vocational rehabilitation, to get SSDI.  You said you quit your job because of the environment , but you did not say what about the  environment that keeps you from working.  Yes there is a list of disabilities that the SSA uses to help determine if you qualify for SSDI, the also consider your age, and your work history. However.... the first thing they look at is your recent job and why you left the job.  If you left it for medical reasons you will have to prove that thru a medical examination, and a doctors opinion.   Look, I was 45 years old when I was initially denied SSDI. I had just  been forced to retired from Federal civil service, and I had still been denied initially..And in most cases the SSA will deny the initial claim. I then went before the Administrative Law Judge... he asked me a few questions which I freely answered. He told me I should Hire a lawyer, and I told him that I didn't feel I needed anyone to talk for me... a month later I got the letter that I was approved for SSDI  There really isn't anyway anyone can tell you what you need to get approved, all cases are different.  You should go the the SSDI web site and read the different way SSDI is approved. 

https://www.ssa.gov/disability/professionals/bluebook/AdultListings.htm

 

[Valhalla0321]

1st thing i would tell you to do is now since you started your SSA applications.. go right to finding out when your DLI (date of last insurer) is!!!!!!! i can't stress this enough!! its usually expires 5years from the last day you worked. So if you sit on this claim whether its appealing an alj or starting another app .. you better be punctual to your DLI.

Voc Rehab... i think SSA wipes there...a...ahhh... nose with that. And you can be denied voc rehab, terminated from any all programs, have them detail a letter of what when and why and the ssa can say.. well is the voc rehab a phd or doc degree.. if not.. very lil to know weight in most states.

I would also look into the denial rate of the ALJ's (SSA Judges) in the area of the claim.

SSA mandates that only a percentage is given to a lawyer if a claim is approved and copious amount of Lawyers will take the case no money down.

You need to do one important thing as far as creating a longitudinal record keeping, Make sure the VA hosp , treating physician or medical facility and or specialist Doctor takes good patient notes and if these notes say that you are doing 'OK' or that your doing better or that  nothing is wrong with you.. then Bam!! SSA will run right over you period! These notes will give so much weight if they say negative things and don't support your ailments have gotten worse, wont improve or restrict you from any and all work!'

VE (Vocational Expert) will say you can paint dolphins all day for income even though you can't.. they will find a diamond in a goats a.. most of the time there is a JOB for you, but if they don't find one and say there are none that's a good plus and if they say you can do a certain job.. you or your counsel can ask hypothetical questions to the VE in the hearing like... "could the claimant do these jobs if he misses more that 4 days a month of work?" VE will say No!! even if they want to lie.. they can't because there under oath.. nobody dat tupid

 

YOU STARTED YOUR CLAIM AND NOW BEST INTEREST IS TO RIDE THAT TO YOUR DLI!! they don't put your DLI on hold.. tik tok goes the clock on that one my frien...

 

out!