Question about SSD

[PUZZLDY5]

My husband was diagnosed disabled in February 2009. We immediately filed for Social Security Disability.
He has major well documented health problems. He was denied twice, which I hear is pretty normal. He hired an attorney at that point. Well the attorney said it would be ANOTHER 14 to 18 months before his case can be heard. Honestly, I'm not sure we can hang on that much longer.
Anyway, my MIL suggested that I get in contact with our state represenatives and tell them what is going on and they would help us. My question is, has anyone actually done this with success. Do they even really care about our problems or would I be wasting my time and theirs for even asking?
Any advice or experience would be greatly appreciated.

 

[stichy]

I was recently approved at the hearing level. I was approved the middle of June. I had hired my lawyer last September. My lawyer also told me that my wait would be long. It was actually much shorter then I expected. Good luck.

 

[barkley]

you can look to the social security website and it will tell you what the average wait time is (and some independant websites break it down state by state), but yes-it can take that long to get a hearing.

i don't know that any state representative could do much on this issue-basicly, at this point in what i presume is your dh's appeal process, the case is put into the que for the next available hearing slot and that could be 14-18 months out depending on the availability in your region. when i worked for dss we would get periodic calls from the offices of government officials-first we told them that without specific waiver of confidentiality and release of information paperwork (which i suspect with ss and hiipa would be much more detailed), we could'nt talk about a specific case. then we told them we could provide them with general information (just as we did for any member of the public). we would tell them the federal/state regulations on what they were questioning, and the current timeline on our processing (so long as we were under the federal mandate we were legal). i don't ever recall it going beyond that.

it is frustrating that it takes so long.

 

[Drew Sailbum]

Our family got assistance from our US Senator to expedite my brother's SSD claim. He was a truck driver and had bone cancer in his leg resulting in amputation. By the time SSD denied benefits the cancer had spread to his lungs and was terminal.

Our initial contact was with a family friend who was a former state representative. He recalled that one of his former staff members was now working for the US Senator. We got in touch with her and she helped tremendously.

Key lesson: congressmen come and go, but long serving staffers devleop meaningful contacts over many years.

We had to submit copies of medical reports and various waivers to allow the senator's office to discuss the case with health providers. Once the staffers verified the situation it just took one phone call from the Senator to get things moving.

The case was moved before a judge in a matter of a few days. Turned out the judge was another old family friend. His honor disclosed the relationship to the lawyer from Social Security and proceeded to ask, in a tone that made it clear what answer he expected, "that's not going to be a problem, will it?" Benefits were approved.

 

[arminnie]

A senator would mostly have more "pull" than a representative. It can't hurt to call. Do you have a senator up for relection that you don't hate? You might volunteer in their campaign if that is politically and geographically feasible. You make a lot of good contacts that way and may even get to meet the senator (or senator-to-be).

You will get the money retroactively if that helps at all.

 

[PrincessSuzanne]

I have never known anyone that said they contacted their congressmen get approved any sooner or got a hearing sooner, in fact the last lady that told me that was in front of the judge and he was about to approve her case, but she said something she shouldn't have and he denied her for fraud. Her court rep was mortified, because he obviously didn't know about whatever it was.

As bad as the system is right now, 14 to 18 months is the earliest, especially in the Southern states. If his condition is that bad, you can start over at the initial and possibly get aproved. But, as I have told many of my clients, just because your doctor says you are disabled, doesn't mean you are according to SS rules. These rules have gotten really strict in the last 6 years (probably more so in the last 18 months) since I have been working Disability claims.

No, it is NOT normal for everyone to get denied in the first go round, not if you have the medical information to back up the claim. There are ways around the hearing, if he meest certain criteria for the case to be pulled and reviewed for approval. I work with a man that used to work for SS and is now an independent Representative and when he has someone that meets the criteria for approval, he can have it pulled for review.


Suzanne

 

[PUZZLDY5]

I have never known anyone that said they contacted their congressmen get approved any sooner or got a hearing sooner, in fact the last lady that told me that was in front of the judge and he was about to approve her case, but she said something she shouldn't have and he denied her for fraud. Her court rep was mortified, because he obviously didn't know about whatever it was.

As bad as the system is right now, 14 to 18 months is the earliest, especially in the Southern states. If his condition is that bad, you can start over at the initial and possibly get aproved. But, as I have told many of my clients, just because your doctor says you are disabled, doesn't mean you are according to SS rules. These rules have gotten really strict in the last 6 years (probably more so in the last 18 months) since I have been working Disability claims.

No, it is NOT normal for everyone to get denied in the first go round, not if you have the medical information to back up the claim. There are ways around the hearing, if he meest certain criteria for the case to be pulled and reviewed for approval. I work with a man that used to work for SS and is now an independent Representative and when he has someone that meets the criteria for approval, he can have it pulled for review.


Suzanne

Can you tell me what the certain criteria is. He doesn't have just 1 doctor saying he is disabled. He has 6. He has had 7 back surgerys total. 4 of which have been since he filed. He can't walk for any length of time or distance. Can't sit for more than 30 minutes at a time. Can't bend at the waist to properly bathe himself or even tie his own shoes. Several of his doctors have compared his medication for pain to stage 4 cancer patients. I swear I'm not trying to be snarky. I'm just extremely frustrated with "the system".

 

[PrincessSuzanne]

Can you tell me what the certain criteria is. He doesn't have just 1 doctor saying he is disabled. He has 6. He has had 7 back surgerys total. 4 of which have been since he filed. He can't walk for any length of time or distance. Can't sit for more than 30 minutes at a time. Can't bend at the waist to properly bathe himself or even tie his own shoes. Several of his doctors have compared his medication for pain to stage 4 cancer patients. I swear I'm not trying to be snarky. I'm just extremely frustrated with "the system".

I'll send you a PM. I dont' think you are being snarky at all, I know exactly how frustrating it is.

 

[jlder72]

I have never known anyone with a legitimate claim to get denied on the first try. Just saying............

 

[PUZZLDY5]

I have never known anyone with a legitimate claim to get denied on the first try. Just saying............

Then I pray for you and your family that you are never faced with this situation because you will be surprised.

 

[We_Love_Disney]

I have never known anyone with a legitimate claim to get denied on the first try. Just saying............

With all due respect, I suspect you do not know many people that have filed a claim then. It happens on a regular basis.

I was personally acquainted with a person that was terminal with cancer. She was denied.

 

[CaliforniaDreamin]

I have never known anyone with a legitimate claim to get denied on the first try. Just saying............

80% of all claims are denied the first time. It's a pretty well known fact.

I'm on my first appeal and I have been told that the state of NC is swamped and they are having to bring judges in from other states. Some cases can take years, some can take one to two years. I've heard that having a dr. or drs. that are really willing to work on your side is key. And not to give up. Right now, I'm waiting for my second denial, then we can request a hearing. I know I'm disabled, my 3 doctors know I'm disabled. It is just a long process.

 

[ZephyrHawk]

Let us say that I am close with someone who works as an administrative law examiner deciding primarily social security diability benefits cases. Yes, it takes a long time to get a hearing normally. Calling your representative probably wouldn't hurt, but basically the most they can do is call the hearing offices and request that things get moved along...which request will most likely be met with the response that things are moving as quickly as they can (mind you, I am assuming things are run in your state the same as in mine). It's not that the length of time is a result of laziness or bureaucracy (although that's some of it), but the fact that there are thoudands of other people just like you waiting in backlog....and they asked first.

I have never known anyone with a legitimate claim to get denied on the first try. Just saying............

That's the attitude of most human services workers, which is why they don't pay attention to their cases, ignore important data, and wrongfully deny/cut off people all the time. My contacts have about a 65% reversal rate on appeal.

 

[arminnie]

I have never known anyone with a legitimate claim to get denied on the first try. Just saying............

Your friends must be lucky. I had a friend with stage IV ovarian cancer who got denied. She had multiple surgeries to remove most of her digestive system where the cancer had spread. I don't see how anyone with a brain could have argued that she was NOT disabled.

She was eventually approved, but it is a miracle that she lived long enough to see it approved. She was turned down at application and appeal, but was finally approved at the hearing. The judge was appalled that it had taken that long.

I know one person who was approved the first go round. I have no clue what she has, but she looks great and will meet friends in the city for dinner even a decade later. But I don't know what she goes through the rest of the day. She looks and acts like a very healthy person - but obviously there was something to trigger her immediate approval. None of my business what her invisible disability is.

I have another friend with terminal brain cancer - she looks so bad. She literally is at death's door. She was turned down, but is not appealing as it is just too much effort to expend for what time she has left. Her husband is financially able to support her thank goodness.

 

[jt'smom]

I have another friend with terminal brain cancer - she looks so bad. She literally is at death's door. She was turned down, but is not appealing as it is just too much effort to expend for what time she has left. Her husband is financially able to support her thank goodness

that's really strange because gbm tumors are listed in the ss blue book of disabilities. it is now part of the "fast track" program. she should definitely appeal immediately.

i am disabled also due to terminal brain tumor and was approved within 6 weeks on my first application. i actually got the retroactive check before i received my approval letter.

 

[tvguy]

Maybe it's different in California....here folks seem to go on short term state disability through their employer, then get transfered to long term state disability when they are approved to also get Social Secuirty Disability.
It's been over 10 years, but my wife's step-father had no problem getting of Social Security Disability on the first try. We were shocked he got it because the condition that got him qualified was obesity! That's a condition that can be fixed. He no reason to lose the weight once he had those checks coming in.

 

[stichy]

I have never known anyone with a legitimate claim to get denied on the first try. Just saying............

I had a legitimate claim and got turned down the first time around. Also got turned down at the reconsideration level. I was finally approved at the hearing level.

 

[PrincessSuzanne]

I have never known anyone with a legitimate claim to get denied on the first try. Just saying............

It can and does happen, not always, but it does. Most of the time, the reason a case is denied that shouldn't have is because someone in the process didn't fully cooperate, ie not submitting pertinant medical evidence is a huge reason.

I work with alot of people that start their own disability claims, however they don't know what to do and get denied and then just start over and over again, because they don't understand the process. We don't recommend someone run out and get an attorney either, because most of them won't do what we do for our clients and our services are free of charge. If the client has to go to a hearing, we do recommend a Rep or Attorney (reputible ones), because we can't attend the hearing.

For those with a terminal illness, request a TERI case. There is also a list of Compassonate Allowance illnesses that can get a quick approval, that list is available on the SS website. If the illness doesn't fit either of those 2 categories, you can request a Presumptive Decision and get a bit of an early decision and begin receiving temporary benefits until a final decision is made, but this category must also meet certain requirements.

 

[minkydog]

I have never known anyone with a legitimate claim to get denied on the first try. Just saying............

Meet my husband. He suffered for 3 years before he was finally awarded SSDI. I believe the big problem was that he had an illness(sarcoidosis) that usually doen't make people all that sick, certainly not disabled. He had a pulmonologist, a cardiologist, and a psychiatrist in his corner. His documentation was impeccable. But SS refused to believe that he was really disabled. Depite 4 hospitalizations in CCU due to complications of sarcoid. Despite nearly dying of septic shock from a sinus infection. Depite being oxygen dependant and so fatigued he needed 2 naps/day. HE was denied twice before he hired an attorney. Thank God he had long term disability insurance, because THEY believed he was disabled and paid 80% of his previous salary. If not for LTD we would have lost our home, I'm sure.

So there you go. Now you know someone who had a legitimate claim who was denied not just the first time, but twice.

 

[arminnie]

that's really strange because gbm tumors are listed in the ss blue book of disabilities. it is now part of the "fast track" program. she should definitely appeal immediately.

i am disabled also due to terminal brain tumor and was approved within 6 weeks on my first application. i actually got the retroactive check before i received my approval letter.

Thanks I'll let the family know. It was probably some trivial error. I am so sorry about your diagnosis. I hope you can enjoy today. My friend with the ovarian cancer who has a horrible prognosis has beaten the odds by living for several years now. She gets chemo 12 hours every day - wears a pump from 6pm to 6am. So even if there is only a little chance of a good outcome somebody has to be that little bit. I hope it is you.