Learn from patients with pain similar to yours

CatchMyPain Community and Pain Diary App to manage chronic illness

Need Disability Help!

Mar 17, 2016 5:09 PM

I had my hearing for my disability back in early February and got a denial today. My lawyer I'd dropping me because she says there's nothing more they can do. I can file an appeal that will take up to 18 more months for an answer, and she says there is likely an 80% that I will lose. Of course, she also looked me right in the eye a month ago and told me it looked really good and I had most likely won and then when her assistant called me today she acted surprised that I was upset at losing because it was "in her notes from the hearing" that it went badly! So, not sure I trust this lawyer much anymore. Anyway, it's already been 3.5 years and I don't want to lose that time. I have fibromyalgia, 2 bulging discs, migraines, etc. All he said was basically if I lost weight I could work! 😠 What should I do next? File on my own... try to get another lawyer? ???

Mar 17, 2016 5:45 PM

File another claim. File on basis of worsening symptoms. Add emphasis on the mental symptoms and the chronic debilitating symptoms and less on the pain. Get statements from neighbors and family members about your limitations. Get a different lawyer. Consider an advocate instead.

Mar 17, 2016 5:59 PM

I'm very sorry you've been denied after everything you've done so far to jump through the disability hoops.

Did the denial letter outline specifically why your application was denied? Because the explanation for denial on the form is were your lawyers attention should be focused, not on his biased bull about your weight. That makes me angry...anyhow...Only you can decide if you've got it in you to appeal. For me, if they give me an option to appeal, I take it. I figure, they've already said no, so what's the worst they can say?

If you decide to appeal I would suggest taking the denial letter to a new perspective lawyer. Ask them to explain why you were denied (even if you know...you need to know they know what they're doing). And, ask them if they feel you can win an appeal. If they say no, move on to another lawyer. And, finally ask them what they will add to the appeal to meet the legislation and win the appeal. You can't submit the same things with nothing new and expect to win. I wish you luck if you decide to appeal.

Mar 17, 2016 7:18 PM

If I don't file an appeal, do I have to wait to file a new case? I don't know what to even file a new one based on. I'm in pain every day, feel like I have the flu. I told the judge I feel like they told me I have cancer and I'm just not going to die.

Mar 17, 2016 7:24 PM

No you can file immediately. You just have to use the day after the denial. So less back pay.
Honestly, call another lawyer or advocate and go over your options.

Mar 17, 2016 7:34 PM

My main concern is another lawyer won't want to take it now that they have dropped me. Do you think that's likely?

Mar 17, 2016 7:35 PM

More than likely no one can handle your current claim. But you can file a new one.

Mar 17, 2016 7:40 PM

I don't want to lose the last 3.5 years though. She said if I filed a new claim I would have to file with a new diagnosis.

Mar 17, 2016 7:55 PM

No. Not a new diagnosis. Just worsening symptoms. I'm not sure you have a choice. If you appeal & lose, you will be out of time to file again.

Mar 17, 2016 7:57 PM

Why would I be out of time to file again?

Mar 17, 2016 7:58 PM

Google it. You're running out of credits. You have to work 5 out of 10 years.

Mar 17, 2016 8:41 PM

I would always have a lawyer. Find another one. A better one

Mar 17, 2016 9:17 PM

Find a lawyer that wants to fight for you. Not one who is doing it just to get paid! There are good lawyers out there that still have a passion for justice yet others have given up and treat you just like a number. Try ringing the disability discrimination government funded legal service. They may support you and give you a lawyer plus they know all the laws!

Mar 19, 2016 7:42 PM

Hi Serena, sometimes it what your doctor providing to your lawyer and hoping she proof read it before she sends it to Social security office.

Mar 19, 2016 7:57 PM

I'm going to call a friend's lawyer Monday and see what they say. I just can't see stating completely over after all of this.

Mar 19, 2016 8:12 PM

Serena make sure your doctor's letter include: Length of treatment. Provider's specialty & experience. Diagnosis. Patient's physical & mental limitations that are reasonable & consistent with their medical conditions. History of treatment. Objective medical evidence. Functional limitations. Subjective symptoms of pain, etc. if they are consistent with medical evidence. Medical basis for your findings. Frequency and duration of symptoms that may have an impact on a work ability. Longitude history and prognosis. Expected duration of patient's condition. Severity of condition. When you get another lawyer ask he or she to discuss with you the content of your narrative report before they send it to the social security office.

Mar 19, 2016 8:47 PM

One thing that I think got noted on my medical record. I would make statements that I would like to return to work but this pain is horrendous. They would document that. I think they would see this is not just a person just coming to live off a system but truly has problems. They would see in a record that this person says they want to work if it wasn't for that. You just have to make sure that they can't make you work some other way. I think it really helped me. I got my disability within six months. Best wishes to you.

Mar 19, 2016 9:08 PM

I'm still waiting on a hearing I have been in doctors care for 3 year had back, knee surgery and fibromyalgia, high blood pressure, Mitral Valve prolapse, IBS.

Mar 23, 2016 2:04 PM

I used a company called Allsup. They won't take you if they think you will lose, therefore not wasting your time, but I got SSDI in 4 months using them. They know what the SSA looks for, and helps you word things in the best way.

Ready to start relieving your pain?

Join Community