daveesl
Feb 11 2009, 04:53 PM
While I expected it, I was kind of disgusted in the SS denial letter I received today. I have very active, chronic Hep C from the navy. I'm on the third week of treatment and it isn't going well. I have sinus bradycardia, so I pass out fairly regularly. I have a herniated disk and severe back pain. I haven't been able to work for almost 2 years now. I worked for myself, so there is no job related disability insurance.
Luckily, I essentially have no bills, as the house and car is paid for and I don't use credit cards. However, savings are now getting depleted. My wife works as a teacher, so at least we have some income coming in.
Like I said, I expected this and that is why I initially filed by hiring a SS law firm. I can't handle the details, so I'm more than happy for them to do so. And yes, I have also filed for service connected through the VA. I also expect that to be denied, but in the end I'm going to win in every way, including beating hep C. I am no longer able to do anything other than fight for disability. At least they denied it quickly, so I can get the appeals ball rolling quickly.
Pete53
Feb 11 2009, 07:41 PM
If you got lawyers only thing to do is what they tell you. Good Luck you probably will need a Medical Opinion that says you will not be able to work for over 1 year.
terrysturgis
Feb 12 2009, 07:48 AM
Step number one, automatic denial. Makes you wonder why there is a step number one. The next step, number two, my attorney skipped and went for the ALJ hearing. She said to speed up the process. It took me two plus years to get to the ALJ. Every state is different time wise. I won November 17, 2009. Still no money but at least I know it's on the way. The waiting is one of the hardest parts. Take care. Terry
rentalguy1
Feb 12 2009, 09:00 PM
Don't feel bad. I got my denial the day before you got yours, and I had them dead to rights when you compare the language in my med records to their laws
Start writing your reconsideration letter. You've only got 60 days.
daveesl
Feb 13 2009, 07:40 AM
I agree about the "automatic denial system". I figure the initial rater has a wheel of fortune. I'm going to ask my lawyer about going straight to the ALJ, that makes sense. Why wait a year for the reconsideration denial and then 2 years for the ALJ, when you can perhaps get rid of the initial year wait.
rentalguy1
Feb 13 2009, 09:40 AM
I understand the logic, but I have been told by SSA that the average length of time a reconsideration takes is 3 months. That is because all the initial work has already been done. There is only a 20% reversal rate on reconsiderations, though. I went ahead and filed a reconsideration because I have them "dead to rights" under their own laws, but I still don't expect a win at this level. The reversal rate at the ALJ level is 80%, so I am sure I would win there. I am fortunate enough that I am in a decent financial state, and can afford to add another 3-6 months onto my SSDI claim.
Keep us updated.
Cavman
Feb 13 2009, 08:00 PM
As said...Everyone gets denid the first time. My whole process took 9 months.
Cavman
hollywoodnc
Feb 14 2009, 06:30 AM
If you can just get that ONE damning piece of evidence from specific doctors, you will prevail in your claim for SSDI, and the DVA!
I was scheduled for a hearing with SSDI, and an MRI taken at about the same time, rendered a showing that my conditions were worse than doctors diagnosed. Upon receipt of the findings, the AJ decided on the case w/o a hearing.
In RE to the DVA...
The problem that I'm running into, is that when I see a doctor who agrees about my condition(s), they refuse to "Get Involved", or they don't want to use the specific wording required to prevail.
This is due to the fact that they do not want to be dragged into a courtroom and/or they are unsure of themselves.
daveesl
Feb 14 2009, 03:32 PM
With my VA claim, my IMO doctor said " the cause is probably or at the very least more likely than not that..."
Now, whether the VA considers a qualified opinion that points directly to jet injectors is up in the air.
As to SS, my lawyer said in Florida we have to do the reconsideration route first. So, here goes.
halos2
Feb 14 2009, 05:58 PM
Sorry to read that you were denied. Your lawyers should be able to assist you with the win. How long have you had chronic hep C? Is it documented this occurred in the navy? Stay strong, although you have these obsticles you will prevail. I was fortunate with SSDI and was awarded immediately...VA is different...got low balled and denied on some...been fighting with them years and got increase on one and other is at BVA. No 2 claims are alike. No 2 adjudicators are alike either.
Stay the coarse and just concentrate on your health and the rest will come about. All good things come to those who wait. Stay strong, and focused. Keep in contact with your attorneys and the VA and make sure you are timely with your paperwork, and appeals too. Good Luck.
QUOTE (daveesl @ Feb 11 2009, 04:53 PM)

While I expected it, I was kind of disgusted in the SS denial letter I received today. I have very active, chronic Hep C from the navy. I'm on the third week of treatment and it isn't going well. I have sinus bradycardia, so I pass out fairly regularly. I have a herniated disk and severe back pain. I haven't been able to work for almost 2 years now. I worked for myself, so there is no job related disability insurance.
Luckily, I essentially have no bills, as the house and car is paid for and I don't use credit cards. However, savings are now getting depleted. My wife works as a teacher, so at least we have some income coming in.
Like I said, I expected this and that is why I initially filed by hiring a SS law firm. I can't handle the details, so I'm more than happy for them to do so. And yes, I have also filed for service connected through the VA. I also expect that to be denied, but in the end I'm going to win in every way, including beating hep C. I am no longer able to do anything other than fight for disability. At least they denied it quickly, so I can get the appeals ball rolling quickly.
luvHIM
Feb 15 2009, 02:52 PM
davees, sorry to here about your condition and the loss. But if it is any consolation, it took 2 years for my claim to be awarded. I requested an On The Record Review and then got an attorney (just in case). Well, it made me mad because I got the ON The Record Review and it turned out didn't need an attorney anyway. But had to pay him because I signed the stupid contract. So, if the money is in the bank (meaning if you believe like Rentalguy1 that you have a valid claim and they are overlooking something) check out all your options first. Best regards.
Foodgod1
Mar 4 2009, 06:19 PM
Don't ever give up! Get an attorney. I am in the middle of a CDR(Continuing Disability Revue), so I have to jump through all of the hoops again. They do these every few years I guess to make sure your still disabled.....My VA Doctor was nice enough to write in my records that I am still unable to work due to multiple medical problems, so we'll see if that flies for the Social Security Office. If not, I have already called my old attorney from when I originally filed. It's an ongoing battle my friend so hang in there!!
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