denied

[gigisgirl]

I got my letter saying I was denied yesterday. It was my first try so I was wondering how many times you have appealed and if you have also received your back pay? If you received your back pay how long did that take?
Thanks,
Jill

[ICNDonna]

I think it's routine to deny first applications. I suspect it's an expense control mechanism --- many people think that first denial is final and don't appeal.

Donna

[bunnykinb]

I was an exception and was approved my first try in 2004. I just don't feel well and may apply again. Good luck.

[MakinIT]

I got denied twice, hired a lawyer who knew his doo doo (and also didn't get paid unless we won) and we went to court and won, It took almost 4 years...but what are you going to do?

[ihurttoo]

I applied and was turned down. Then, I appealed for a reconsideration and was then denied on the appeal. Then, I requested the hearing before the judge and won there. (He told me I was approved that day.) They said I was disabled for the previous 34 months, but they only pay you back pay dating back to when you applied and up to 2 yrs prior (if they declare you disabled even then, from what I understand.) I applied in Jan of 2005 and was approved in Feb of 2006, but my case was expedited. You are not paid for the first 6 months they declare you disabled. Then, for the Medicare to take effect, you would have to wait 2 years, but since they declared I was disabled for that long, I was eligible for that immediately after I was approved, (since I would have already gone thru the 2 yr period...that is the significance of their backdating it 34 mo.)

It took 3 mo to get the check for the backpay and for my first SSD check to arrive. Since I had used an atty, her fees were already deducted from the check I received. Since I have one child, he also recieved back pay, but his came in a separate check, about 1 mo after mine.

From talking to others here, and reading others posts, I agree that it appears to be very common to turn down people on the first try. On several sites for advice for SSD that I reviewed after my initial denial, they said that roughly 80% are turned down on the first application, and then another 80% at the reconsideration level. But, at the hearing before the judge, the odds increase to 50% chance of approval.

I know it is a long road, and it is not uncommon for it to take 3 years from start to finish in many states, but like MakinIt said, "What are you going to do?" After all, if you are disabled, you are disabled, and there is no other option!

Anyway, I know it is cliche, but hang in there! Hope this helps! Hugs, Amy

[Elle]

It took me close to 4 years to get approved. I was denied originally and on reconsideration. Like Amy, I was approved on appeal and the Judge told me that day that I was being approved and should have never been denied. I won my case without an attorney and never even consulted one, so it can be done. I did receive back pay for the entire time, plus one year before I even applied. He dated mine back to the exact date my symptoms started.

Because of a mess up at the payment center, it took about 6 months after I was approved to see any money. I received all of the back pay in one check and my kids checks were separate (each child received their own checks).

Definately appeal! Few people are approved on their first try. With your appeal, which is called a Reconsideration, send in letters from your Doctors stating that you can not work at any job because of the severity of your symptoms. Get them to spell out the reasons why (i.e. frequency, severe pain, etc). Attach those to a statement written by you and a separate one by your spouse, or someone who knows what you go through. Be sure to include what hurts, exactly how much you go to the bathroom (i.e. number of times in an hour, how much you're up at night b/c of pain or frequency, etc), all of the things that make you disabled. Unfortunately, I don't think they care how you feel emotionally. I personnally think it's the actual facts that end up winning the case for you. The disability kit that's availble on the ICN is also an excellent tool, if you don't already have it.
If you get turned down at reconsideration, appeal again and aggravate the crap out of them for a court date! It can take as long as 2 years for a date in some states!.
It is a long road, but it can be done. Don't give up, and keep fighting! We're all here for you, and there's a wealth of knowledge among everyone who has been through this, so if you have any questions...just ask! :)

[ihurttoo]

I totally agree with Elle, it is the facts that matter to them and that will make or break you. It doesnt matter what you tell them, it is what you can prove to them.

I also had letters from my Drs, and believe they helped alot. Although it isnt necessary to have your Drs behind you, it certainly does help and I personally believe that it increases your chances. Most people here who have had their Drs support have won eventually, and most of the ones here who have applied and didnt have it, have been turned down. (Although there are exceptions, this is just what I have noticed from reading the boards.)

Good luck, I hope things move swiftly for you! Hugs, Amy

[MakinIT]

Yeah...my judge said it was a complete farce that I should be in court. He immediately approved it and I got "quiver lip"...you know, just watery eyed. Hard to hear someone finally say "you are sick and should not have to be worrying about this"...He misunderstood and thought I was looking at it as a hand out. I wasn't...it was just surprisingly emotional. And they go back to the date you are sick and start your benefits 5 months from the initial illness date as determined by the doc. (Umm..even though you won't receive any damn beni's forever)...

[Elle]

I did the same thing with the "quiver lip"!! And, I'm not a cryer typically. It's like you said...having someone sit there and read aloud all of your problems and a VR person say there's no job you can do; then topping it off with a judge saying your "disabled", it kinda gets to you. But, like you, I was surprised I did that!

[MakinIT]

I foound the judge was not at all unkind, in fact my lawyer knew him well and made it sound like he was a hard ass. The judge was very kind and apologetic, and we had no VR folks present, just the recorder. The judge said I was intelligent, from the 2 day trap in with a psychiatrist who watched me bounce around the room as I answered questions (or hang upside down on the couch to read stuff...my favorite position) and he felt it would be bad for me to stay on disability so he was going to check every so often but not require me to take a job that took less than a Master's to use...I'm going to try my hand at writing. See where that gets me. Who knows, if I can stay awake, I may be able to do stuff I haven't been able to. I'm signed up for writing workshops and environmental ed workshops (because I desperately need to keep my teaching license current. )

Did the original question get answered? the seemingly clueless lady at SS said my first cheque was in Feb and my back benis would be after that. So...I was approved Nov. 22 ish and I'll get my first check Feb 10 ish and at some point a bunch of money will be plopped into mj account. I have to turn around and give it to my private plan so "asi es la vida...." or "****" in English...(actually "come what may" or "such is life" is the closer translation but I prefer mine.

Gotta go. errands to run.