03-08-2007, 08:05 AM #1
2nd time applying for disability denied I have ?
Yesterday I got back papers saying I was denied for SSI and Disability...I want to go thru the appeals process and wondered should I get a lawyer to help me do this or can I do it on my own? Would having a lawyer benefit me more in appeals process? I thought for sure this time I would of been approved..Kinda upset cause I don't care what they think I know I am not capable to working...The papers they sent said that medical evidence shows that my condition does cause some restrictions in ability to function but I still have the ability to do unskilled work..Maybe I should send them a video diary of my day to day life and then see what they think..Ok I am venting so I will stop..if anyone can give me some suggestions about appeals I would appreciate it..Thanks
03-08-2007, 11:07 AM #2
I would for sure go through the appeals process. I was turned down the first go around, I think it is pretty much the normal for most people. ALot of people do get lawyers during the appeals process. I did in the beg. I did most of the work myself, and because I could not get the trial moved to the city he is in he excuse himself from my case. At the last minute no less. But I was glad he did I then did not have to pay him. They get a percentage of your back payments and there is suppose to be a limit on how much they can get, but in rare cases the lawyer can ask for more and they can get it. I know this because my lawyer's money was still taken out of my back payment and it was above the limit that is set by SSD. Anyways it is possible to get SSD with out the help of a lawyer. I brought my Mom in to help she stated what my life had become and what she has to do for me. I also brought a voiding diary that I did for 2 weeks prior to court hearing and a pain diary. I also had to stop the hearing like 3 times to go to the bathroom. And before my hearing started in the waiting room I was so stress and I had to go like every 10 minutes. During this time I notice this same guy alot, turned out he was the vocational expert on my case. So all of this helped.
DONT GIVE UP this is the major key...God grant me the serinity to withstand the days ahead!!!
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03-13-2007, 07:28 AM #3
- Join Date
- Feb 2007
- I live in Chicago IL
I would definitely get a lawyer to help you with the disability case. Usually if you do it on your own, you will get denied. WHen you use a lawyer, they know you mean business. It stinks that it is so hard for people that are sick with debilitating diseases and they cant get diabitlity, yet there are people on it who are not sick at all( one of my neighbors gets it and he is not sick at all, he hurt his back at one time, but has been collecting for over 4 years now. He is able to do everything(shovel snow,lift heavy things, work on his car) so he dont look to bad to me. Yet I have a friend who can no longer eat because of her gastroparesis and has to survive with a feeding tube and has severe pain all the time and vomits over 15 times a day, yet they denied her. It makes me sooooo mad I could scream!!! I would love for some of these people who work at the disabiltiy office who deny really sick people disabitlity, I wish they could have IC or Gastroparesis for a couple years and see just how disabiling it is.
03-22-2007, 02:26 PM #4
New to the site; diagnosed 04/24/2006; I had to quit my job after 13 years due to the pain; college degrees wasted! only 36 years old! I applied for disability and was denied the first time 8/2006; my husband and I was determined to fight all the way! We won on the appeal process. I receieved a check in the mail today w/o any explaination (my back pay)-thank God! Called Soc Sec to discuss check- stated I was approved! Ladies, someone out there is listening to us. Its just a matter of time before this disease will come to the forefront like other serious diseases. IC has actually stolen my livelyhood. This disease is terrible! My family hates to see me suffer. They are suffering as well. Its hard for me to even pretend to feel better for my twin girls on bad flare days. I am praying for everyone on this network to feel some relief and trust in God.
thanks for listening- oh!- up all night-voiding and pain! very understanding husband!
off the amitriplyine (makes me feel awful)
Elimron and DSMO did not work for me
constantly in E.R for demrol shots/ they think I am crazy and want drugs (sad) no- I want to stop hurting!!!
03-27-2007, 10:07 PM #5
Thank you for sharing your story! It's very encouraging! I am getting ready to file so I really appreciate your sharing.
03-28-2007, 02:57 AM #6
my advice to you is to seek a lawyer asap.
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03-28-2007, 03:31 AM #7
I think denying the first application is pretty much routine. Many folks will just give it up at that point. I'm sure others will chime in with some good hints for winning at the first appeal.
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04-02-2007, 05:55 PM #8
- Join Date
- Sep 2006
Don't give up. I have been where you are now. It's definitly not fun. For me it was a long dragged out process. They only make it hard to receive disability, in hoping you will eventually give up. I was determined. You have to rais you're head and be strong. Don't let thoes denied papers defeat you.
I found out today i was granted disability. It took over 2 years and just now i received my letter in the mail. If i could of run, I would of ran around the room jumping and shouting in celebration.
At times i would of given up on this process. If it was not for my amazing support team. Family and friends really get you through the tough times. Encouraging words from my mother changed my mind set. I have mild bipolar, IC. IBS,Migrains,and recently was diagnosed with Fibromyalgia. All of this is a mouthful as well as a handful to deal with. LOL. I'll stop now with this corney sense of humour.
Humour is another essential to get you through these delecite times. You need to appeal their decision. Get a lawer through social services, They will take you through step by step. This way you won't have to pay a Lawer fee.
I only had to meet up with my lawer once before the actual Tribunal Hearing.
The worst part of corse is the waiting process. At least it was'nt complex.
Don't get discouraged, Stay focused and positive and you can do it!
If you have any questions or need any details i don't mind helping you out. Just message me.
04-02-2007, 07:33 PM #9
Hang in there!
I just wanted to let you know that you can do this without an attorney, if you want. There are several of us on this board who won an appeal without the help or advice of an attorney. If you choose to go this route, I would really recommend that you find someone in your local office who is very knowledgeable and willing to work with you. I went through several caseworkers before finding one who really did want to help- and her help was invaluable!! Then, get the disability kit from the IC site. Most importantly, read SSA's Blue Book paying close attention to the Adult Listing of Impairments. Note all of your symptoms, conditions, etc as they are listed (with the listing numbers) and relate them back to your actual medical records. I would work on it on days when I was stuck on the couch anyway! My Judge said that I was one of the most prepared people he had ever had in his court room in over 30 years. That in itself shows that you can do it on your own if you're willing to invest the time and research into it. It is aggravating to have to keep up with everything, but I found it very empowering. I have a hard time trusting others with my fate, and, frankly, I didn't want the details of my health problems in anyone's hands but my own. The best part about handling your own case is that you don't have to pay anyone when the backpay does finally come in!!Elle
04-06-2007, 07:51 AM #10
Elle, you are correct! If you are confident enough to fight this fight- you can win! I worked for the Attorney General Office for 13 years and that environment gave me great experience and confidence to do things on my own. I am not saying you should not retain an Attorney, I am saying if you prepare yourself for the battle, you will win the war! First, trust in the Lord! Second, find a good, caring caseworker at the Social Security office because you have to remember- these people hear different cases all day long relating to various illness. My case worker did not even know what IC was. "I didn't look sick!" but I was sick. I went in there with a stack of organized notes. I pulled my own medical records, I had a journal of my flare ups, voiding times, and hospital E.R. visits. I had it all! I even told them about my non-existing sex life with my husband. He was sitting there and agreed-bless him. I was going to fight for everything I deserved. I am not a loser- I worked to the end thinking my pain was going away but it never did. Most days, I can't even get out of bed! You have much time to prepare. I agree, If you are not working, push yourself at home to document your daily routines, restroom vists, insomia, and etc. I did not realize I was voiding 26-29 times a day! You can do this! I believe in you! This network believes in you! Please don't be afraid to ask questions-dumb questions are o.k!
I feel we understand each other and care.
04-09-2007, 05:55 AM #11
- Join Date
- Apr 2007
- state college, pa
I myself have been denied twice i have IC and most times i can't move the pain is so bad, i just got my second denial last week and contacted an attorney now that he contacted social security they are reconsidering my application so my best advise to you is to get an attorney and don't give up
04-09-2007, 07:21 AM #12
My sister is a lawyer who deals exclusively with Social Security issues (she represents applicants). She says SS routinely denies 92% of initial applications, and nobody should be discouraged by having their initial application turned down.
Elle is certainly correct, you can win without a lawyer, but a lawyer can be a huge help to you, too. Initial consults are usually free, and generally they'll work on contingency, so if you win, they take a percentage of back pay, and if you lose you pay nothing but your costs.
I am waiting to hear on my first application, myself (my sister says, "Waiting to be turned down... ), so I don't know all that much firsthand. But I just thought I'd throw in my two cents.Je vous souhaite de la joie, de la bonne santée, et tout ce qu'il y a de bon dans la vie.
Wishing you happiness and good health, and all the best out of life.
Laura (11), Susannah (12 1/2) and Maman (that's me!), North Wildwood NJ, September 2007
04-09-2007, 07:29 AM #13
- Join Date
- Feb 2007
- I live in Chicago IL
I was told that if you are going to try for disability, always go through a lawyer otherwise there is a 95% chance you will get denied. If you try to get it without a lawyer, they will likely deny you several times. It is sad that you have to be near death to get disability it seems. Dont give up, but I would seek help from a lawyer the next time around.
04-09-2007, 08:32 AM #14
- Join Date
- Apr 2007
- state college, pa
I was considered disabled by the doctor last may and when i applied for ss they denied me within 3 months so i reapplied, when i reapplied they got all my info again and they sent me to a therapist about a week ago i got my second denial and i called a lawyer right away. The lawyer is free but if i win the case he gets 25% or $5300 which ever is less. so in my case i am happy i got the attorney he has 30 years experience in ss cases and i'm not really worried about the lump sum he gets some of b/c i'll get paid monthly. With havin 3 children under 5 i didn't really have the time and energy to do the appeal myself so it was the best thing for me but some people it may not be what is best for them
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