Guest guest Posted April 27, 2004 Report Share Posted April 27, 2004 Steve, I would definitely file for reconsideration and if they deny that (which is highly likely since they deny about 90% of all appeals), then apply for the trial hearing as this is where most of the approvals are done. I was originally denied my claim and I was also denied my appeal, both listing that my problems were controlled by medication, and they completely dismissed my claims of not being able to concentrate, memory loss and attention lapses and loss of accuracy, all of which were things that my job required I have. I got a lawyer when I first applied SSDI and they did all the work for me. I ended up requesting a trial hearing and the judge who was given my case approved me for disability after reading my file. He didn't even require me to come to a hearing, just approved my case. It turned out that what helped my case the most was the exam I had by their psychologist, who confirmed that I had major attention and memory problems that made it pretty much impossible for me to do my job, so if they had a psychologist examine you for depression and they agreed that you had the problems, then you shouldn't have any problems in getting an approval in the trial hearing. However, don't be surprise if you have to actually go to the hearing, as I was told that it was incredibly rare for the judge to approve disability soley on reading the applicants file like they did for me. I just wanted to let you know that those denials are nothing personal, they just automatically deny a majority of initial claims and appeals. Horrible I agree, but that is the system as it currently stands. Kimber -- Kimber Vallejo, CA hominid2@... Note: All advice given is personal opinion, not equal to that of a licensed physician or health care professional. Quote Link to comment Share on other sites More sharing options...
Guest guest Posted April 27, 2004 Report Share Posted April 27, 2004 Steve, They aren't rational people at all, in most cases. I originally applied for SSDI after my hospitalization a year ago where I had diabetic ketoacidosis and pancreas burn-out. So far I've been denied twice, and now I'm waiting for my hearing date before a judge. My first denial was received in Sept., 4 months after application, I reapplied within 30 days, and the second denial was received 6 months later. With the first denial, they used that expression that " although I experience discomfort due to my pancreatitis, this pain can be controlled by medication " . That's what THEY think!! I sure wish that were true. Since you and I received exactly the same quotation, I think that's a pretty standard pancreatitis comeback for them on the first denial. In the second denial, they said that " medical evidence further indicates that I am receiving ongoing treatment for pancreatitis " . Well, duh....two more hospitalizations and another two inches of medical records.......but that doesn't mean that it's any better! Yet that statement was all they wrote, as if the ongoing treatment was all that was necessary. Since the first denial, I've been using the PAI recommended Washington, DC disability attorney firm of Doherty, Cella, Keane & Associates. I've also seen a physician selected by them for a mental assessment. They've already conceded that my impairments show that I'm unable to perform the complex tasks of my profession of the last 18 years, alas, but that I " could carry out simple, one-step tasks " ......I guess I could work as a sheep counter, or something equally as stimulating. The kind of narcotics that I'm taking now prohibit me from driving much of the time, much less perform any type of work with any reliability. My doctor is writing a letter concerning the driving restrictions, and we plan to address the narcotic medications issue with much more force than previously. I also have sanitary conditions and time concerns because of my brittle diabetes requirements that weren't addressed before, which will be, this time around. I would suggest that you get an attorney that specializes in disability cases, and that you push the medication issue as strongly as you can. That, on top of pushing your depression problems, may be enough, but if you have more, I'd list it all. I have a host of other medical problems which they overlooked, too, just as though they weren't mentioned. And none of these other problems are getting any better, either. All I can say to you, is to keep listing them, with backup updates on all of them, showing declines whenever or wherever you can. Also have your doctor do an updated letter reviewing your condition, the fact that it hasn't improved, with mention of any declines that have occured since your first application. If you have any other questions you think I might be able to help with, please post again. With love, hope and prayers, Heidi Heidi H. Griffeth South Carolina SC & SE Regional Rep. PAI Note: All comments or advice are personal opinion only, and should not be substituted for professional medical consultation. Quote Link to comment Share on other sites More sharing options...
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