Denied, again

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Distinguished member
Mar 11, 2013
So, happy birthday to me. I got my letter from SSD yesterday (the 7th) stating that the review supported the initial determination, and that I'm not disabled.

Yay - NOT.

They CC'd my lawyers, s I'm guessing that my lawyers have already started the process of setting up a hearing with the judge. I'm not sure what happens after that. The only upside to it all is that at least it didn't take the estimated 6-9 months that I was told it could take for the appeal *SIGH*.

So frustrated. And it's just like an extra kick in the teeth to get the news n the day before my birthday.
Ugh. According to the SSD website, the average wait time fr a hearing date is 10.5 months. Joy.
So, happy birthday to me. I got my letter from SSD yesterday (the 7th) stating that the review supported the initial determination, and that I'm not disabled.
Yay - NOT.

I'm sorry that you're having to go through this, SulaBlue. It's so annoying when people have so much power to... well, basically ruin lives by making these ridiculous determinations. :x
The main thing is to keep appealing the determinations. If you would quit, which is what they are hoping you will do, then you would lose big time. Just try and be strong and hope that your lawyers can help you show the judge that you are disabled. It took me seven long years of appeals and it was hard, but I had very little income and could not support myself. My husband did not believe me and neither did my family. So it was a long hard road for me with no support, other than a few friends that were my rock and my belief in God.

So don't kick yourself to hard over losing again, but just keep trying and one day it will be settled and hopefully in your favor. I believe in you and hope and pray it will be over soon. :)
It seems that the first appeal, they just look at the information from the first time and the written application that they make you fill out again. So, it's no surprise that they denied it again. It was denied on lack of medical evidence. I'm not sure why they do it this way. My lawyers make me make note of every Doctor and Therapist's visit, but apparently none of all my new medical stuff goes into the record until the hearing.

So, hopefully, at the hearing, when they see my doctor's function report, they'll go "WHAO! OK. APPROVED!" Her report and evaluation of me almost left me in tears with how bad it sounded!

I think when I go, I'll be wearing a skirt so I can lift it up to my knees and show him how red and shiny the skin on my shins is from lack of circulation, and the scars from where it took nearly 6 months for some scratches to fully heal (yeah, I scratched them while they were healing, but still! 6 months!). Maybe a close-fitting shirt so he can see Mt. Muffin Top and how my fat jiggles and sways, since I'm morbidly obese and that's part of what makes doing anything very, very difficult. It's a sad, sad thing to have gone from training for a half marathon in 2001 to gaining close to 150 pounds and using a walker by 2012 thanks to pain.
It's really sad how the system works. I was denied twice and waiting for a hearing now. I'm hoping my doctor helps make a good case for me, he tells me that I can't work and I know that I can't work, but what he writes for the judge could be a whole different story, I'm wondering if he's the reason I was denied the first two times...
I went through the denial process myself and it took 14 months to go before the ALJ i went before the Judge on 6/10/13 and i still have yet to hear anything as to either granted or denied and with the pain, itching, digging holes in my body swelling, etc. all i can do is lay here and stress even more over the BS waiting for some official to to hold my status and me trying to figure out what to do to pay my bills and keep a roof over my fourteen year old.. Hang in there and never give up and i know easier said than done trust me i know..... Prayers for you to get beyond this process and be granted as well.
I had to do an interview with one of ssi's drs. She told me the people making the decisions are not drs or skilled in this area, they can be former retail workers, non college educated and first job holders. Basically anybody.
I had a hard time getting disability. Up here the rules are much different but what finally worked was getting letters from 3 doctors after explaining what the government expected them to say. It's simple but if they don't write what you have, why it makes you unable to work and how long you will not be able to work (at least a year) you get denied and they don't tell you why.

One doctor said I would not be able to work for at least two years and the other two said my condition was permanent. This was after spending 2 years on welfare waiting for them to say why I was denied.

So happy birthday anyway Sula and good luck!
Years ago, I worked for an insurance company, and when we were on the training class for licensing, the instructor explained to us that most of the time, the government will just deny a case, even when it is open and shut deserving of an approval. They know that most people have to have an income of some kind to survive, and as long as you can keep on working, doing SOMETHING, then they can keep on denying you. He said this happened to his wife with a state industrial claim, it fortunately they could live on his earnings while she got an attorney, and they filed an appeal.
He said that a person just has to get an attorney, and continue to appeal, and they will eventually authorize the disability, so keep on trying, and don't give up.
I have plenty of experience of this system and being denied what is needed to live life, but I think that there are a lot of people who just don't understand this illness. Many think that it is not a disability and because of that they won't award any kind of financial help. I think that if they lived with fibromyalgia they would be a little more willing to be open minded and admit that yes, people with the disease do need some help. I can't imagine seeing my family member go to work, but we are lucky enough to have won the battle for financial help and we don't know now what we would do without it.
It can be so frustrating to see how people struggle to get SSD. I have not applied yet and it makes me afraid to do so. I know some people who try hard to work but just aren't able or just suffer because of their working. Yet, they are told they are not disabled.
So can relate---do they do that on purpose? I wonder. I got my first denial, awaiting number two, on Christmas eve---will probably get the second on the next Christmas eve!
How does one work when they can't even walk! Can't sit longer than three minutes? Can't grocery shop!There are few jobs out there, you can do lying in bed. Oh yes, I can think of a few but am not flexible enough to do those either:) It's a *****!
I intend to get an attorney when I get my second denial! Not sure how that works---does the attorney get a cut of your back pay or what? I know I have no money to retain one.
What will you do? they want you to give up--don't do it but how many times can you appeal? There are attorneys who specialize in disability claims; get one and let them do it. They know the ropes. I intend to!
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