Son's SSI denied, but they forgot to include Neuropsych Eval in determination!?

Discussion in 'disABILITIES Community Board' started by Solanta, Jul 13, 2018.

  1. Solanta

    Solanta Earning My Ears

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    Hi All,

    I received a letter of denial on my sons claim and in the list of information they used to determine this, they did not have the most important evaluation - his Neuropsychological exam. Even though it was faxed to them and I called to verify it was received, the letter doesn't have it listed!?
    Has anyone else ever had this occur, where an important record was lost or not included? Do I really have to go through an appeal or do you think there is a chance they will admit the error on their end?

    Thanks all..................

    Edited to add - He is 7 years old with -

    Inattentive ADHD
    Mood Disorder
    Oppositional Defiant Disorder
    Articulation Disorder
    Social Communication Disorder
    Mixed Receptive-Expressive Language Disorder
    Language Based Reading Disorder
    Also significant motor issues, falls a lot, handwriting issues - recieving speecha nd occupational therapy.
     
  2. starry_solo

    starry_solo DIS Veteran

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    Times like these, it is best to utilize the services of an attorney (or services) who specializes in SSI.

    I think you'll have to appeal it.
     
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  4. danielocha30

    danielocha30 DIS Veteran

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    Get a lawyer, one that will get his payment if you win the case.
     
  5. Solanta

    Solanta Earning My Ears

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    We went through human arc, I think they already get a portion - with a lawyer I'm not sure how much they would take to, but I'll make some calls monday.....t/y!
     
  6. bushdianee

    bushdianee <font color=green>I had a water fun day planned<br

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    I used a lawyer and he got 25% of the back pay. So he got almost $5000 for a half hour's work, but i was approved on the first try so to me it was worth it.
     
  7. Solanta

    Solanta Earning My Ears

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    I've helped someone else complete a disability application and they were approved on the first try. Aside from human arc I was very thorough. I guess monday I will find out how they "misplaced" it. Faxed with confirmation and I called the same day to verify they received it, yet its not listed in the denial letter, but every other irrelevant record is. Ugh :(
     
  8. barkley

    barkley DIS Veteran<br><font color=orange>If I ever have a

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    APPEAL-even if you are going to call them-THIS IS VITAL because it protects your 'beginning date of aide'. despite what ANYONE from the social security administration says or promises you over the phone APPEAL it is the ONLY way to protect your application date. the worst that happens is they admit their mistake and approve your son's application while it is in an appeal status.


    as far as an attorney goes-their fees are set by the law, 25% of the RETRO payments BUT only to a maximum of $6000. since it can take years to get from the application date to an appeal hearing date let alone decision (on average from those i've known who have had to go appeal route-3 years from date of application) $6000 is a drop in the bucket as compared to tens of thousands of dollars.
     
    marcyleecorgan likes this.
  9. DisneyOma

    DisneyOma DIS Veteran

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    What does SSI do for a 7 year old? Is it to pay for the speech and occupational therapy? Doesn't the school do that?
     
  10. Solanta

    Solanta Earning My Ears

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    Sorry if this offends, but that's the most non nonsensical comment I've read today.

    No the school refused to recognize his need for a iep or 504 because he kept doing the tests faster than other students. I had to pay for speech and occupational OUT OF POCKET because the only places that took medicaid in our area did not have openings or 6 months +. He talks like a 4 year old with a hearing impairment, he gets treated like the school punching bag, if the staff don't understand what he is saying they ignore him. He stays up until 2 or 3 am some nights just full of anxiety. Its not fair for a 7 year old to have to live like this, and I dedicate ALL OF MY TIME, on top of having 2 jobs to make sure he is OK.
    I have pages and pages of documents and letters I've written even up to the senator and DOE and I'm going to sue crap out of them on behalf of my son who deserves so much better, not monetary but compensatory education, meaning I want them to pay or him to go to a school that specializes in "sensory kids".

    He was diagnosed with CAPD last week, - Good news is, his disability application was approved today - so obviously someone somewhere agrees that he needs it, and it will relieve some of the burden I've been carrying all these years.

    ...........................
     
    marcyleecorgan likes this.
  11. DisneyOma

    DisneyOma DIS Veteran

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    I was just asking what the money from SSI would be used for - for speech and OT that the school does not offer him. You can't use his money to sue the school, can you? Don't you have to show what the money is being used for?
     
  12. Solanta

    Solanta Earning My Ears

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    Due process is FREE, and I will win his case against the school district just like I got his disability approved on my own.
     
  13. danielocha30

    danielocha30 DIS Veteran

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    Money can be use for rent, furniture, food, trips, theraphy, clothes and shoes. Every year payee file a form stating where the money was used. No worries on that part, the money isn’t a huge amount and it’s calculated by the parents income and the family size.
     

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