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Just Received My SSDI Denial Letter (Original Post) rbrnmw Oct 2013 OP
Appeal it! Get a disability lawyer Buddha_of_Wisdom Oct 2013 #1
I strongly recommend you get an attorney TexasBushwhacker Oct 2013 #47
I've heard most claims are denied the first time. So appeal. pnwmom Oct 2013 #2
Yes, hire a lawyer. RebelOne Oct 2013 #14
attorneys generally charge a percentage of the amount awarded dlwickham Oct 2013 #18
Percentage of BACK PAY only Glitterati Oct 2013 #19
I didn't make my post clear dlwickham Oct 2013 #20
Right, and that's determined by the SSA dmr Oct 2013 #24
you are correct on all counts dlwickham Oct 2013 #35
first and second times.. don't be surprised, keep appealing. Voice for Peace Oct 2013 #25
Hi, neighbor. We're apparently sharing a handbasket. xfundy Oct 2013 #3
I have a grief counselor rbrnmw Oct 2013 #5
I'm onSSDI... Buddaman Oct 2013 #4
I'm so sorry! Please keep trying. Many people have GreenPartyVoter Oct 2013 #6
everybody I know on SSDI says the 1st denial is pretty automatic magical thyme Oct 2013 #7
Mine was approved 3 months after I applied Kaleva Oct 2013 #23
Mine was aproved in two weeks. Lugnut Oct 2013 #43
Social Security approves about 30% of initial claims. former9thward Oct 2013 #33
I kinda know how you feel. bunnies Oct 2013 #8
That's exactly right..... Buddaman Oct 2013 #15
Next step is to appeal..... Buddaman Oct 2013 #9
You need a peer group grantcart Oct 2013 #10
You have to reapply. Most people I know on SSDI had to apply twice... VanillaRhapsody Oct 2013 #11
(((((((rbrnmw))))))) TeeYiYi Oct 2013 #12
I got mine on my first try using only a week of hospital records and lab reports NightWatcher Oct 2013 #13
automatic qualifiers make a big difference. bunnies Oct 2013 #16
Always a denial first time... fadedrose Oct 2013 #17
OK, the majority here vote to get a lawyer. RebelOne Oct 2013 #21
Did I miss North Carolina Knigh Oct 2013 #22
enjoy your stay at DU grasswire Oct 2013 #26
+1 markpkessinger Oct 2013 #32
Why? Were you handling it? MrMickeysMom Oct 2013 #38
Well North Carolina Knigh Oct 2013 #45
Yeah, you might do it like this.... MrMickeysMom Oct 2013 #46
write to your congressman for help grasswire Oct 2013 #27
Like others are saying.. PasadenaTrudy Oct 2013 #28
I think lawyers PasadenaTrudy Oct 2013 #29
Don't give up! madashelltoo Oct 2013 #30
Can't offer more than what others have offered here . . . markpkessinger Oct 2013 #31
I was on disability for years bkkyosemite Oct 2013 #34
Three things: bitchkitty Oct 2013 #36
There is a procedure to follow, it may work but will likely take a year to several years Dragonfli Oct 2013 #37
get a lawyer DonCoquixote Oct 2013 #39
Some years ago, the music director at my parents' church found he had an inoperable brain cancer Samantha Oct 2013 #40
Appeal! Drunken Irishman Oct 2013 #41
just got mine too JesterCS Oct 2013 #42
Appeal it The Second Stone Oct 2013 #44
 

Buddha_of_Wisdom

(373 posts)
1. Appeal it! Get a disability lawyer
Thu Oct 10, 2013, 07:11 PM
Oct 2013

The second time should work out - if you have documentation backing your disability, then you will get your SSDI, and backpay starting from the date you applied.

TexasBushwhacker

(20,220 posts)
47. I strongly recommend you get an attorney
Mon Oct 21, 2013, 03:38 PM
Oct 2013

Binder and Binder is pretty much nationwide. I have a friend who used them and she got approved after being turned down 3 times.

http://ssd.binderandbinder.com/

They can only get a percentage of back pay and the amount is controlled by law. I believe it is 25% and there is a maximum as well.

pnwmom

(109,000 posts)
2. I've heard most claims are denied the first time. So appeal.
Thu Oct 10, 2013, 07:12 PM
Oct 2013

You'll have a better chance. And it's probably worth it to hire a lawyer, if you can find a good one.

RebelOne

(30,947 posts)
14. Yes, hire a lawyer.
Thu Oct 10, 2013, 07:20 PM
Oct 2013

There are ads on TV all the time by lawyers who claim that they can get your SSDI if you have been turned down the first time you applied. I have no idea what the fees are, but they are worth a shot.

dlwickham

(3,316 posts)
18. attorneys generally charge a percentage of the amount awarded
Thu Oct 10, 2013, 07:41 PM
Oct 2013

and only if the person is approved

a letter from an attorney generally does the trick with Social Security

 

Glitterati

(3,182 posts)
19. Percentage of BACK PAY only
Thu Oct 10, 2013, 07:45 PM
Oct 2013

They don't get a percentage of ongoing monthly payments.

If you win an appeal, you will receive back pay for up to 2 years of benefits. Your attorney will, upfront, negotiate a percentage of that back pay as payment for his/her services in the appeal.

dmr

(28,349 posts)
24. Right, and that's determined by the SSA
Thu Oct 10, 2013, 07:56 PM
Oct 2013

My attorney was paid according to an SSA scale. In 2003, the max was 5 grand which is for a pretty high back-pay return.

I asked my attorney how he could make money, and he said they work by volume.

They also don't make money if you are denied.

xfundy

(5,105 posts)
3. Hi, neighbor. We're apparently sharing a handbasket.
Thu Oct 10, 2013, 07:13 PM
Oct 2013

My situation is similar. I see a psych doc. It helps, a little.

Buddaman

(503 posts)
4. I'm onSSDI...
Thu Oct 10, 2013, 07:14 PM
Oct 2013

Get an attorney NOW if you don't have one......Hang in there.....I know it's hard....Hang in there.

GreenPartyVoter

(72,381 posts)
6. I'm so sorry! Please keep trying. Many people have
Thu Oct 10, 2013, 07:15 PM
Oct 2013

to apply 3 or 4 times before they are accepted.

Also, my parents are both gone now too. Grief is so difficult to work through, and being cut off from resources doesn't help. Do you have Medicaid? There are programs that assist with rides and gas money for medical appointments.

 

magical thyme

(14,881 posts)
7. everybody I know on SSDI says the 1st denial is pretty automatic
Thu Oct 10, 2013, 07:16 PM
Oct 2013

and you need to have a lawyer to get you on it.

Good luck and hang in there.

Kaleva

(36,355 posts)
23. Mine was approved 3 months after I applied
Thu Oct 10, 2013, 07:52 PM
Oct 2013

I applied in October of 2010 and was approved in January of 2011. I also was told by most everyone that I'd be denied at first and I'd probably would need to hire a lawyer but what was in my favor was well documented medical problems going all the way back into the 1980's.

Lugnut

(9,791 posts)
43. Mine was aproved in two weeks.
Fri Oct 11, 2013, 02:11 AM
Oct 2013

I was diagnosed with permanent incomplete spinal cord injury and verified by my neurosurgeon. I was shocked that it was approved so quickly but it's pretty hard to dispute what my disability is.

 

bunnies

(15,859 posts)
8. I kinda know how you feel.
Thu Oct 10, 2013, 07:16 PM
Oct 2013

I got mine a few weeks ago. No kids though, so I cant imagine what youre going through. My letter was so bizarre that it seemed like they were talking about someone else. Saying, for example, that I had a recommendation to avoid heights when heights have nothing to do with anything in my case.

Appeal it, get a lawyer and know you're not alone. They make us fight and beg for it.

grantcart

(53,061 posts)
10. You need a peer group
Thu Oct 10, 2013, 07:18 PM
Oct 2013

The suggestion about the lawyer is a good one but there are also other options that you may not be able to see because you feel overwhelmed.

Find 3-4 people whose judgment you trust and ask them for advice.

Don't be afraid to say "I need your opinion" and "I need your help".

There will be many suggestions on this thread but no one here knows you or your situation, you need to develop a group of people who know you and whose opinion you trust.

Good luck.
 

VanillaRhapsody

(21,115 posts)
11. You have to reapply. Most people I know on SSDI had to apply twice...
Thu Oct 10, 2013, 07:18 PM
Oct 2013

before success.

Hang on...Just breathe...and make it through today.

TeeYiYi

(8,028 posts)
12. (((((((rbrnmw)))))))
Thu Oct 10, 2013, 07:20 PM
Oct 2013

I guess your option is to appeal. So sorry about the black cloud that's following you. Hang in there. Don't give up.

TYY

NightWatcher

(39,343 posts)
13. I got mine on my first try using only a week of hospital records and lab reports
Thu Oct 10, 2013, 07:20 PM
Oct 2013

What did you use when you filed?

I forgot, I also had a letter from my last employer detailing what type of work I used to do (physicality) and how with my current situations I could not do that anymore. I have 3 automatic qualifiers (3 nasty diseases) and it took about 3 months from when I filed til I got the award letter.

 

bunnies

(15,859 posts)
16. automatic qualifiers make a big difference.
Thu Oct 10, 2013, 07:24 PM
Oct 2013

Everyone else has to fight and beg. I sent 5 years of medical records and while they accept that I have a disease they dont consider it to be bad enough to require help.

fadedrose

(10,044 posts)
17. Always a denial first time...
Thu Oct 10, 2013, 07:24 PM
Oct 2013

Get a lawyer...you pay nothing until you get money, then I think it's 10%.

You get nothing, you play nothing....

Get a lawyer. you can't lose.

My son-in-law signed up with:

https://www.allsup.com/apply/social-security-disability-alt?SessionCode=1288&gkw=allsup&mkwid=eq1lIwbiw&pcrid=381649621&pkw=allsup&pmt=e

He finally was approved.

If you are approved, benefits will go back. They contact your doctors, etc., and will advise you for free...

RebelOne

(30,947 posts)
21. OK, the majority here vote to get a lawyer.
Thu Oct 10, 2013, 07:49 PM
Oct 2013

Check your phone book. I know there are a lot of lawyers that will take on SSDI denial cases.

MrMickeysMom

(20,453 posts)
38. Why? Were you handling it?
Thu Oct 10, 2013, 09:42 PM
Oct 2013

I mean, I think we should all stop at this point so we can satisfy your need to know.

 
45. Well
Fri Oct 11, 2013, 05:58 PM
Oct 2013

If someone is going to come post that they were turned down for SSDI, isn't it a logical question to ask why?

MrMickeysMom

(20,453 posts)
46. Yeah, you might do it like this....
Fri Oct 11, 2013, 11:13 PM
Oct 2013

"May I ask you the reason they turned you down?"

That's a far more sensitive way to ask the person who is clearly at their wits end dealing with this big and other issues.

PasadenaTrudy

(3,998 posts)
28. Like others are saying..
Thu Oct 10, 2013, 08:39 PM
Oct 2013

get a lawyer and try again. This happened to two friends. Denied the first time, they got pro bono lawyers, and got accepted. Best of luck, and realize this happens all the time.

madashelltoo

(1,703 posts)
30. Don't give up!
Thu Oct 10, 2013, 08:41 PM
Oct 2013

Go to an attorney and Appeal it. I've been there and I know how discouraging it is. I had to do welfare that only kept me and my children alive long enough to get approved. Went to state housing program to pay mortgage until it came through. HUD might help you with it if you have an attorney working on your appeal too. Can't hurt to ask. I'm praying for you.

markpkessinger

(8,409 posts)
31. Can't offer more than what others have offered here . . .
Thu Oct 10, 2013, 08:42 PM
Oct 2013

. . . but I do know something about how utterly disorienting and un-mooring losing both one's parents is, at any age. I lost mine 12 days apart in 2000. Trust me, it will get easier, but it takes a long, long time -- probably much longer, in fact, than you ever anticipated. I really cannot imagine having to deal with the whole disability issue on top of that.

Sending all good thoughts your way. . .

bkkyosemite

(5,792 posts)
34. I was on disability for years
Thu Oct 10, 2013, 08:48 PM
Oct 2013

It took three denials. I then got a lawyer which did not cost out of pocket. You must be denied first or a lawyer will not take your claim. Now is the time to call a disability lawyer and let them handle it. If you have doctor documentation that is good too. Let the lawyer tell you what you need. And yes they take a percentage of what was owed to you that is retroactive for the time it took to get the favorable ruling. When I did this it was like 23% the lawyer took of my back benefit. It is not up to the lawyer but the court that decides what percentage the lawyer gets. Head up! Call and of course hugs to you for your loss.

bitchkitty

(7,349 posts)
36. Three things:
Thu Oct 10, 2013, 09:16 PM
Oct 2013

  1. First and foremost, and most important - get a lawyer.

  2. If you haven't already, start documenting how your disability affects your every day life, and how it prevents you from working. Get copies of all your medical records - every visit, every chart note, everything. Document, document, document! The SS Beast loves paper. Feed it.

  3. Have patience. You will eventually get it. They are making you jump through hoops in the hopes that you will give up. Don't give up.


Good luck!

Dragonfli

(10,622 posts)
37. There is a procedure to follow, it may work but will likely take a year to several years
Thu Oct 10, 2013, 09:38 PM
Oct 2013

Read the link posted below to better understand the process in general and find a good lawyer (be careful of the mills popping up where the partners put you completely in the hands of very young new associates, it is getting to be a problem)

http://www.hippielawyer.com/hippielawyercom__SocialSec.htm

I am truly sorry and understand exactly how you feel,

I have been fighting for over two years now and I am extremely ill and physically unable to do much of anything anymore, let alone work. I am also heading straight towards homelessness if it is not resolved very soon.

They are trying like hell to deny as many as possible for any reason possible, having nothing to do with your actual need and eligibility, it sucks, but these are are earned benefits that are supposed to be there when we can no longer work and we can't just let them steal it from us without a fight.

So Fight!
You will be fighting for what is yours when you most need it, you have every right and justification.
Good luck. I hope you receive what you have earned.

DonCoquixote

(13,616 posts)
39. get a lawyer
Fri Oct 11, 2013, 01:27 AM
Oct 2013

most sates will turn you down 3 times, but then yield to the lawyer who will be presistent.

Samantha

(9,314 posts)
40. Some years ago, the music director at my parents' church found he had an inoperable brain cancer
Fri Oct 11, 2013, 01:44 AM
Oct 2013

He was only about 32 and he had a wife and 2 children. He was told he only had a few months to live. He applied for SSDI and believe it or not was turned down. They said that while he could not work his regular job, he could still pump gas. Can you believe that? He finally on the third try was approved and lived just a few weeks longer. I thought at the time that was the intent: keep denying him, save money, it is only a matter of time .... I don't know if that is true but I was thinking it.

Sam

 

Drunken Irishman

(34,857 posts)
41. Appeal!
Fri Oct 11, 2013, 01:46 AM
Oct 2013

My dad was denied disability through the veterans affairs on his first try and he eventually was ruled 100% disabled.

JesterCS

(1,827 posts)
42. just got mine too
Fri Oct 11, 2013, 01:56 AM
Oct 2013

apparently I'm not eligable... get this... because I didnt work enough.

Makes total sense =(

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