Being turned down for social security

[tazdev3225]

I don't come on the disabilities boards often mostly because I still am coming to grips with my back problems. I finally gave in and applied for Social Security Disability and got the letter today I was denied, that I can still work in the job I had. I was a school crossing guard and have been on a disability with the city for 3 1/2 years. They told me I will never work for them again based on my medical problems. I expected to be turned down but it still was a shock. Has anyone else been denied and is it worth it to appeal the decision? My DH wants to hire a lawyer but I am feeling really discouraged right now.

 

[BeckyScott]

Well for as much as this will help-

When I first applied for DS's SSI, everyone told me we would be turned down the first time. That's how they "get rid" of people who aren't serious.

So I'd say yes, appeal it.

 

[Schmeck]

If you are already collecting disability from the city you worked for, can you get SS disability too? Wouldn't that be 'double-dipping'? Could that be why they denied your claim? Or would you discontinue the city claim?

 

[alizesmom]

I don't know anything about compensation from 2 sources but I do know it is worth it to get a lawyer and appeal a denial.

 

[tazdev3225]

I will get the lawyer because I know that I'm not going to get a job again. The disability I get from the city is a non-service related early retirement pension due to a disability. It amounts to social security and a pension that I would be entiltled to if I were really of retirement age. My brother also told me to get a lawyer, it took him 3 times to collect.

 

[minkydog]

Absolutely appeal. They count the disability period from the date of first application, but only if you appeal your denial. If you decide not to appeal its as if you never applied in the first place.

My DH has been disabled for the past 5 years and only just got approved for SSDI. It has been a long hard process and we had to get an attorney to help us. DH was turned down the first time he applied and unfortunately, we let it drop rather than fight. We didn't know better. I guess we figured, "okay, maybe he's not as disabled as we thought." DH continued to try to work off & on and after three serious hospitalizations we began to get a clue. We had to start all over again with the application process because we had not appealed in the first place. When DH was finally approved SSDI reimbursed him for several months of past disability, but not the 5 years he might have gotten had we appealed the first time. In retropect, DH should have hired an attorney from the start.

 

[LauraVV]

I wouldn't get a lawyer yet. We applied for disability for our son and had an interview with a lawyer. She said almost all get denied at application and 80% get denied on the second application (or first appeal). She said that we'd be better off to hire her after we were denied the second time. If we are one of the lucky few to get approved on the second appeal we wouldn't have to pay her contingent fee. You've got to appreciate that in any professional. She didn't have to tell us that.

 

[Tinker'n'Fun]

First, I am very sorry about the denial. When I applied I worked with a wonderful woman from SS. She said not to get an attorney til the second denial... She would work with me... With that being said, I was one of the lucky ones, my case was approved within 4 months... I guess it was a reality check though that I was really sick... Good luck with your appeal and try to stay positive. Back problems truly suck!

 

[SueM in MN]

Absolutely appeal. They count the disability period from the date of first application, but only if you appeal your denial. If you decide not to appeal its as if you never applied in the first place.

VERY important point

I wouldn't get a lawyer yet. We applied for disability for our son and had an interview with a lawyer. She said almost all get denied at application and 80% get denied on the second application (or first appeal). She said that we'd be better off to hire her after we were denied the second time. If we are one of the lucky few to get approved on the second appeal we wouldn't have to pay her contingent fee. You've got to appreciate that in any professional. She didn't have to tell us that.

that is a very honest lawyer.
You can keep appealing as long as you don't miss any of the due dates for appeal. A lot of times the appeal is for missing information or not enough documentation.

My DD's application was approved the first time, but I work in an office with Social Workers and had some very good advice about filling out the application. Here are a couple of things I remember.
1) Read each question carefully to figure out what they want.

2) Answer the question without going into too much detail. They need enough detail to understand your answer, but too much detail gets confusing.

3) Re-read your answer. If you were a stranger, would it make sense to you? What other questions would the answer bring up?

4) For each answer, think of what evidence/documentation you have for that answer and provide that. Organize your evidence/documentation so that it's in the same order as the questions. (I color coded DD's).

5) Even though you don't have to apply in person, doing it in person allows the worker to see you and ask any questions they have. If you are not there and they have a question, that might = denial.

Good luck!

 

[mechurchlady]

APPEAL

Get an attorney as there is a cap on how much then can take out. I think I payed under $5000 for a$20,000 settlement and getting on SSI and Social Security. I had not medical or dental history for over 20 years basically.

I can walk a mile but it takes me like an hour or three to do so. Told me I could work but you see how I am online, my work would be worse and yes I can drive but where would I get a job like mine without lifting stuff.


Lawyer is the only answer, I was on my last appeal. I now know I has mild SID, ADD, celiac, mental quirks and other health problems besides arthritis, disintegrating disc and morbid obesity. They gave it to me on breathing and paranoia. The breathing is caused from inhaling dust at work, morbid obesity, and worst is the celiac. You basically have to be rolled into their office on a gurney with life support and a priest giving last rights before they will concede.

Funny thing is when I called about the next installment due me they finally said oops your case worker left. Nobody emptied her desk so there are drawers full of files. I was so looking forward to my WDW trip with that money and the delay ended up me paying extra for train fare and air fare.

 

[dclfun]

I was approved on the first attempt, thankfully. One of the difficult things for adult SSDI cases is that you must be unable to do ANY substantial gainful activity at ANY job. A friend of mine who has very severe back problems, many disc surgeries and a rod and can't either sit or stand for significant periods of time had been denied even with a lawyer and appeals for over 10 years. He was told that although he couldn't do his past job, he had a college education and thus could do "something" to earn enough money to be considered SGA. SGA isn't enough to live on- nowhere near that amount. His older parents and sister have been supporting him all this time. He finally gave up, went through VR and is now being re-trained for a job they think he can do. For the first time in a long time he isn't depressed and angry and has some hope for his future. I don't want to discourage anyone but unless a disability is so severe that there's nothing at all you can do, it might be a long fight. It's really sad to see children doing poorly in school because their parents don't help them with homework and WANT them on disability for the $$ getting SSI easily while adults who worked all their lives and can no longer do so are denied any kind of assistance.---Kathy