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kent101

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

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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?

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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.

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@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". 

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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.

 

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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.

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