SSD Denial & Appeal- Lawyer Hired!
Well, it was inevitable! I was denied for round 1 of Social Security Disability. I received 2 pieces of mail from the Social Security Administration on January 23, 2010, and as my husband handed me the mail he asked if we should say a prayer before opening it. I just knew that the mail in my hand was a denial letter, and my hands shook and heart skipped a couple of beats as I tore into the letter. There it was: my denial letter dated January 20, 2010.
Word for word, the denial letter stated: “We have determined that your condition is not severe enough to keep you from working. We considered the medical records and other information, your age, education, training, and work experiences in determining how your condition affects your ability to work.
You state that you are disabled and unable to work because of lupus, fibromyalgia, arthritis, kidney problems and depression. We have reviewed the medical record, and it shows that you have received treatment for your condition and that you may not be capable o f performing heavy work. We realize that you also feel that you may not be capable of working at this time. However, the medical record shows that you are able to communicate, act in your own interests, adjust to ordinary emotional stresses, get along with others and do your usual daily activities without assistance. The medical record shows that you are capable of performing other work which does not require heavy lifting and might only require a very short, on-the-job training period. Therefore your claim for disability is denied.”
My husband was totally shocked that I was denied. I had tried to prepare him for a denial all along, but he was so sure that I met the criteria that he just kept telling me that there was no way they would deny me. I called my mom and gave her the bad news, and she was speechless. She also thought that there was no possible way that I would be denied based on my diagnoses, 5 doctor recommendations, and medical records. It is no secret that Social Security Disability denies nearly everyone the first, second, and even third time around, but with my whole family sacrificing so much time and energy into helping take turns taking care of me, it still came as a slap in the face to them.
What is the next step? Well, we are going to appeal this decision! There is no way that I am able to work, and I know that. I will pursue Social Security Disability to the very end, as my only other choice is to get my hands on a lot of money so that I am set for life. Somehow, I do not see myself running into money anytime soon… just a hunch! My family and I have decided that appealing the Social Security Denial on my own would be very risky, and we have decided to contact a disability lawyer for help with the appeal process. No more wasting time; time is money and money is quickly dissipating.
My husband and I had an appointment with an attorney at the well known, highly recommended Law Offices of Hoskins, Turco, Lloyd & Lloyd on February 3, 2010. During the appointment, the lawyer I spoke with stated that there are 3 different types of denial letters that disability sends, and the only type of denial that they are able to help with would be a denial based on medical evidence only. Seeing as though I was denied due to Social Security determining that my medical evidence is not strong enough, the law firm would be able to help me appeal my case. YAY!!!
Before seeing the attorney, I was asked to fill out a questionnaire about my disability case. I gave information about my medical conditions, medications taken and their side effects, names of doctors and what they are treating me for, and just about everything else that the initial Social Security Disability application asks for. When I was completed with the questionnaire, I let the receptionist at the front desk of the law office know, and the attorney who was responsible for my initial interview called me and my husband back into her office where we reviewed the questionnaire in greater detail.
During the interview, I was told the fees for hiring an attorney with the Law Offices of Hoskins, Turco, Lloyd & Lloyd: 25% of back pay disability if the case is won; $25.00 for each level of appeal if the case is lost (to cover court filing documents). There are 4 levels of appeal for disability. The first level is a reconsideration in which case a different disability determination examiner will evaluate your disability case and make a determination on your case. The second level of appeal will go before a state judge in a hearing if denied during the first appeal. The third level of appeal will be before the Social Security Appeal Council, who will then decide if your case should be approved or denied. If denied during the third level of appeal, then the last step you would be able to take is to file a lawsuit in the Federal Court. The attorney let me know that my case looked promising for me and that she did not think that I would have to go too far into the appeals processes. She did, however, let me know that statistically only 15% of first level appeals cases are approved. That number is pretty darn low! My husband told me that at least I have a higher chance of being approved the during the first appeal than I would winning the lottery!
So, pass me the paperwork, let me sign on that line, and lets get this ball rolling! I’ve got a disability lawyer! With a minimum of 2 to 3 months now to go to find out if I am approved or denied and another couple of months after if approved to even receive my first benefits check, my family and I are in for the financial disaster of our lives. We are barely making ends meet, only getting bills paid because of extended family helping, I’m only getting sicker, and we have no idea what we are going to do to try to stay afloat. What we DO know, however, is that fighting for Social Security Disability benefits for me is the plan and we’re sticking to it. As I learn more through the first level of appeal process, I will share my information with you. I hope that you follow me in my journey: round 2!
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Comments (3)
Pam
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I have been denied the 1st, second and third (hearing process) and I and my lawyer are now appealing to the appeals division AND I filed a NEW application today! What a wait..3 years so far for me! Just to be denied again and again! I feel your pain and I am going to fight too. I’m 56 and cannot work anymore and I paid into this system all my life and want my money!! Good luck with your case..just be prepared to fight all the way and maybe all over again until you win!
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linda corum
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I am 45 years old and was diagnosed with lupus and antiphosphalipid antibody syndrome when I was 24 years old. I applied for social security disability in 1993 and was denied on the first two appeals. I had to try and go back to work, I had a son to support as I was a single parent. But after six months I had to reapply for disability. I was turned down on the first three rounds and had to go before an administrative law judge to state my case. I was then finally approved. they went back to 1993 when I first applied, and paid me back pay to then. I did all this with no lawyer. And back then lupus was not listed in the book of impairments. now it is. I figured why hire a lawyer who knows nothing about me, what I go through, and knows nothing of how lupus affects me. So I handled my case by myself. Statisically, there is a very high number of people who get turned down repeatedly and must go before an administrative law judge before they are approved. They are hoping that the majority of people will give up and drop their case. But if you fight for it to the last step, you will win! I know its a very long discouraging fight, but you have to have the courage to go on and win. I have also helped a good friend get approved for disability. Her disability was not lupus, and it was very hard to prove her disability (she had no medical records or doctor relationship to go on), but when we went before the law judge, she was finally approved.
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cole
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The social security system is so frustrating. I am 38 yrs old, and when I was only 32 I was walking in front of my house,just taken my kids to the bus stop, when an SUV going about 45 mph came down my private dirt drive and hit me. I suffered many injuries including a closed head, spinal cord, lower back, I have no feeling in the lower half of my legs causing drop ft, along with many other issues. I loved my job, and was even going back to school to get my masters, which to me shows I NEVER intended to be in my 30′s and appling for SSD. I have worked since I was 14, went into the service at 17, I am not looking for a “handout” I honestly cannot work, but have been denied 3 times and on my last denial the judge said that he believed everything but didn’t think I was in as much pain as I claim-who can tell you how you feel?? I take very strong pain meds everyday and have for 5+ yrs now, why would I have these if I wasn’t in pain?? My biggest issue they say, is my age and education, he even told me if I was a HS dropout I would have it. My brother, who was shot in the head during a break in, waited @ 5 yrs to be approved also. What is wrong with this system, that they will allow you to go into debt because your waiting so long??
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