Social security disability

[KBL]

 . My surgery was January 2010.  I applied for disability that April, I Was denied in November 2010, I talked to a lawyer In December 2010, We appealed.  I had my hearing May 15, 2012 and today  I heard I am denied AGAIN. We will appeal again.  I am ready to cry.  I'm surprised I haven't yet.  This all is a bad dream.  I really don't know what they think I can do with all this fatigue and wonkiness.  Anyone else face several denials?  Thanks for listening.  I am in The mist of a good pity party.  Karen

[arizonajack]

Other than being sympathetic, there's no way to comment on whether you have been rightly or wrongly denied without knowing some details like how old you are, what kind of work you do, and why your condition prevents you from engaging in an occupation.

[Jim Scott]

Hi, Karen ~

I'm really sorry to learn that after a 2-year struggle to obtain Social Security Disability benefits, your appeal was denied.

Unfortunately, with the huge upswing in people applying for SS disability benefits over the past few years, they have become harder to obtain, even for those who may qualify for them.

My wife was unable to work following serious spinal surgery back in the mid-1990's and although she had job-connected disability coverage her employer demanded that she apply for SS disability benefits "because its an entitlement'.  She was initially denied and had to hire an attorney (on a contingency basis) that specialized in SS disability cases.  She had reams of doctor's statements attesting to her inability to work but the attorney strongly suggested she claim mental distress as her disability.  She was distressed more by the kind of frustration you're feeling than anything else but she did as her attorney suggested.  A few months later, following a psychiatrist's evaluation (paid for by the SSA) she was awarded SS disability benefits and is still collecting them today, along with her employers disability coverage (reduced to reflect her SS benefit).  She is still considered an employee by her (former) employer and is listed on their books as being on long term disability.  Very long term (15 years, now).

I wish you peace and of course, success as you struggle to obtain benefits that you very likely deserve.  Others may have some specific advice for you.   

Jim

[arizonajack]

although she had job-connected disability coverage her employer demanded that she apply for SS disability benefits "because its an entitlement'

More likely the terms and conditions of the policy itself.

she was awarded SS disability benefits and is still collecting them today, along with her employers disability coverage (reduced to reflect her SS benefit).

The coordination of the social security disability with the employer disability coverage was also likely due to policy terms and conditions.

So, for others reading this, if you have private disability insurance or employer sponsored disability insurance, make sure you read the policy or plan booklet so you know how it works before you apply for benefits.

[james e]

I was approved for disability 2 years ago. Within a 6 month period of time, I had a stroke, a heart surgery, and discovery of my AN. My AN surgery was 12 months after my stroke. I applied right after my AN surgery  and did not use an attorney. I was approved because of my stroke, not my AN. My short term memory is totally shot. That part of my brain that organizes "new" thoughts is dead. I can start a sentence and not finish it if it is about "new" information. I can talk about "old" information easily. I cannot remember my grandkids names, etc.

My suggestion to anyone applying is to UNDERSTAND what disability is according to SOCIAL SECURITY. READ the instructions several times before you complete them. This is a LEGAL document. Your arguments have to prove that you fit THEIR definition...not that you are fatigued and wonky. I am not trying to be mean...I'm trying to tell you that you probably did not make a convincing argument the first time you applied. 60% of first applications are disapproved. 80% of second applications are disapproved. If you don't get it right the first time, you have big problems. Maybe you really are disabled, but you do not fit THEIR profile by being fatigued and wonky.

The income is based on your past income, length of employment, etc.  Unless you have some other type of income, ss disability is not enough to live on.

Arizona Jack, they really do not care how old you are, what kind of work you did, what your condition is, what your education is, are you single or married...that is not the point. All they are interested in is, can you be gainfully employed. If you can explain why you cannot work, doing any type of work, forget what you used to do, you will get approved.

Believe me, my heart is breaking for you. There is no advice I can offer that will benefit you. I hope that anyone that reads this will understand that your first application is the most important. Karen, you claim you are fatigued and wonky. Social security will say a brick layer in Arizona is working in 110F heat. He is fatigued and wonky from the heat...what's the difference? That is what you are up against. I hope good things happen for you in your new appeal.

James

[Jim Scott]

More likely the terms and conditions of the policy itself.

The coordination of the social security disability with the employer disability coverage was also likely due to policy terms and conditions.

So, for others reading this, if you have private disability insurance or employer sponsored disability insurance, make sure you read the policy or plan booklet so you know how it works before you apply for benefits.

Jack ~

Your assumptions are correct and your advice is constructive.  Thanks.

Jim