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WyattKansas

(1,648 posts)
Fri Mar 9, 2018, 03:18 PM Mar 2018

Disability Question

Last edited Fri Oct 18, 2019, 03:18 PM - Edit history (1)

I filed all the paperwork, got rejected after disability's alleged exams, and have just appealed that decision online and included a bunch of documentation that they admitted in their rejection that they didn't even consider.

I was on disability in 1994-1996 and got back to work and was cut off then. I have a partially paralyzed leg with severe constant nerve pain, and over 23 years of Tramadol maximum dosage per day just to function. The nerve pain is from nerve damage in my pelvis that caused a condition diagnosed in 1994 as Causalgia, which Social Security knows and that condition never went away. The leg is now severely atrophied below the knee, and has a steel plate and 17 screws in my femur and knee, which has felt like it is exploding out of my leg for the last few years. On top of that, I have been type 1 diabetic for 35 years and have hypothyroid disease, which both never remain regulated because both keep disrupting each other to keep everything thrown off. In short, I end up having a lot of black out moments as well, which has terrified me into becoming a shut in. I also have been diagnosed with high blood pressure, which the Social Security Medical exam recorded as 159/upper 80s even though I am on 2 blood pressure scripts. I'm not done... In 2013, I worked right up to a quad cardiac bypass where half my heart was blocked from getting blood and had to go back to work exactly 6 weeks later, despite complications from that which are recorded in documentation.

I have basically gotten to the point where I am dying and have no means to survive anymore. Don't they even give a damn that I have already killed myself trying, before turning to them as a last resort? For the last decade, co-workers ask why I am not on disability, which I always responded by telling them that this country really doesn't have a safety net like they think. I started a sharp decline in my ability to even manage functioning from 2012, when I took a medical leave for my crippled leg and the diabetes, thyroid, & blood pressure and maxed out that and had to go back to work. I have always pushed myself into the ground and endured miserable pain with the leg since going back to work in the 90s, where I could only invest on recovery each day just to be able to work the next. That means no life, except focusing on being well enough to work the next day and using weekends for recuperation periods. I haven't been able to do that the last couple years. I started out going several months, then quickly nose dived with all health problems going wrong, but even that got to the point where I could only go days before going down again, and I cannot even try anymore. For over 20 years I have had to lie to myself, telling myself nothing is wrong with me, just to be able to do the impossible of working a normal work day to be normal. Now I can't do that anymore. Social Security's denial didn't even look at my whole leg and only wanted snapshots of my knee and lower leg, then focused on that while barely mentioning that 'I claimed' that I had other medical problems, which may prevent me from some work. In other words, go be a Walmart greeter, which I cannot even attempt that anymore. If I had known back in 1994 how Social Security is treating me now, I would have saved myself all the misery of trying and just killed myself then.

So, do I even have a chance at getting approved, because I am so sick of Social Security getting pissed at me for having too many things wrong that they don't even want to consider?

UPDATE EDIT:
I finally had to get an attorney and went in front of a judge with only a 40% approval rate. My attorney was astonished during the Hearing that the Social Security representative remained silent the whole time and offered no argument at all. Even though the decision was not made at the end of the Hearing, the judge awarded everything in my favor. My attorney (older and very experienced) was astonished that the judge's decision came back so quickly and told me that my case was the fastest turn-around he has ever seen, especially lately. Getting paid by Social Security monthly still went by snail speed and they still owe my back pay, and nobody can tell me that it doesn't have anything to do with leveraged debt against the Trust Fund and previous sequestration republicans used to chip away at Social Security.

The oddest thing happened at the end of my Hearing... I was given the opportunity to say something, and I am not someone that is comfortable with speaking in front of people. I honestly did not remember anything I said and it was almost like a blackout, but I remember getting worried at the end that I was taking too long and came back to myself to finish up. Obviously nervous at what the hell I said, I looked around to everyone trying to get an indication of how bad I had done. They all just had astonished faces and it seemed like they were really trying to keep their composure. Upon getting out of the Hearing, my attorney told me that I was excellent and I was getting my disability. To this day, I still cannot remember what I said and I have a photographic memory.

Here is the icing on the cake - I read the judge's decision and came across a section he used in deciding my case. The judge ruled that the previous 6 years of me trying to stay off of disability with doctor releases to return to work in each of those years had been used against me as Social Security's excuse to keep denying me, so he tossed all of them out. Even though it proved that I could not work a full year anymore without multiple medical problems going wrong over and over, Social Security used that against me!

15 replies = new reply since forum marked as read
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Disability Question (Original Post) WyattKansas Mar 2018 OP
I know that they have really cracked down in the last 15 years. BigmanPigman Mar 2018 #1
I was on disability 2000-2016 jodymarie aimee Mar 2018 #2
Sure WyattKansas Mar 2018 #6
I do say this in jest. safeinOhio Mar 2018 #3
You need a letter from an MD who states janterry Mar 2018 #4
Social Security has already declared... WyattKansas Mar 2018 #7
Doesn't matter what they state janterry Mar 2018 #9
I even provided a 2015 EEOC charge determination and the NLRB rubber stamped that in 2016. WyattKansas Mar 2018 #10
Finding a good disability attorney can make a big difference 4now Mar 2018 #5
Absolutely CountAllVotes Aug 2018 #14
You need an SS attorney torius Mar 2018 #8
They take a percentage for the work I just submitted back to Social Security. WyattKansas Mar 2018 #11
Is there a way to find a good one-- Lulu KC Aug 2018 #13
Have you had a "Functional Capacity Evaluation" Soxfan58 May 2018 #12
I believe it takes two or three tries to get oakyed. nt tblue37 Oct 2019 #15

BigmanPigman

(52,208 posts)
1. I know that they have really cracked down in the last 15 years.
Fri Mar 9, 2018, 03:35 PM
Mar 2018

I get it through my state teachers retirement/pension system. Teachers in my state don't pay into SS, we pay the same amount into the teachers system. It took me 6 months, a lot of letters and proof from my doctors and was finally approved. I would appeal it...what have you got to lose really?

 

jodymarie aimee

(3,975 posts)
2. I was on disability 2000-2016
Fri Mar 9, 2018, 03:38 PM
Mar 2018

May I ask your sex, age and weight? Also what type of work do you do? You have not provided us the whole story here for constructive advice.

WyattKansas

(1,648 posts)
6. Sure
Fri Mar 9, 2018, 04:00 PM
Mar 2018

I'm a 49 year old male, 5'10" & 160 pounds, with no spouse, kids, or any family. I've always been alone and have always worked construction, but I have always used unemployment times as recuperation points and have had numerous medical leaves over the years. I do not see the relevance after a half dozen medical problems, each with their own complications, and a crippled atrophied leg.

Like I said, I was on it before and could not survive what I was getting, so I forced myself back to work with constant misery. Me working an 8 hour day was like other workers working 12-14 hour days with what it took out of me. And no, I did impossible and I refuse to be treated like a whiner just wanting a hand out now. I guess its just my own fault for not staying on it and just milking it all these years while making cash under the table, so now I have to be punished for that now.

safeinOhio

(33,957 posts)
3. I do say this in jest.
Fri Mar 9, 2018, 03:38 PM
Mar 2018

Rob some banks. You either get the money or 3 hots, a cot and medical.

Every one I know had to go thru the 3 rejections before they got it. Best of luck.

 

janterry

(4,429 posts)
4. You need a letter from an MD who states
Fri Mar 9, 2018, 03:46 PM
Mar 2018

you cannot work for at least 12 months. Do you have this letter? If not, get it from every MD that you see. An NP is good as well. This is the MOST important document that you can get.

The more you appeal, the greater your odds of getting it. But just to be clear, make sure you get that letter. It must state just what I said. Make an appointment with your MD and explain the situation. They are well aware of disability requirements. If they don't want to write it, ask why. Do they think you can work?

If you see anyone else with a clinical license, get a letter from them. Have it outline the jobs you have tried and why (again) you cannot work for more than 1 year.

Also - Make sure you see all of the clinical assessments that went to them. Some people just sign a release at SSI and never look through their paperwork. When I got it for clients, I'd request all of it and then re-release it (I could in my capacity for the state) to SSI as a packet. That way, I could omit what wasn't helpful and re-request what never arrived (just because you request it doesn't mean medical records actually sends it).

BTW, I used to get SSI/SSDI for my clients as a case manager (so I kind of know what I'm talking about .

WyattKansas

(1,648 posts)
7. Social Security has already declared...
Fri Mar 9, 2018, 04:09 PM
Mar 2018

"We will not base our decision on what your doctor says." My doctors have been astonished the last decade that I was even working, let alone tried to work 40 hours. They are all really baffled even when treating me on what to do with me to help.

I admit it's my own fault for fighting to stay off of it for so long, but it's almost like that is being used against me now.

 

janterry

(4,429 posts)
9. Doesn't matter what they state
Fri Mar 9, 2018, 04:43 PM
Mar 2018

Get that documentation. They will base their opinion on what a doctor says. Every case goes to the DDU (disability determination unit). The DDU is staffed by clinicians who review documents. In addition to that letter, you will have to have clinical evidence of disability (I assume you already provided that). Those two things combined are very helpful.

WyattKansas

(1,648 posts)
10. I even provided a 2015 EEOC charge determination and the NLRB rubber stamped that in 2016.
Fri Mar 9, 2018, 06:56 PM
Mar 2018

An employer of 9 years ordered me off the job and to not return without a doctor's release, which then turned into a cardiologists release. The doctor to me: I can't release you if you didn't take a medical leave. It was union BS, where a blue blood was wanting my seniority position and started a union subversion to get me out of the way, so the employer caved in to avoid being targeted himself... My health was used against me by the union to get rid of me. Yes, that is fact and nobody can ever state otherwise. Unless you want to go by the EEOC record based the alleged investigation and the NLRB rubber stamped, which clearly states that I was medically unfit for work, so the employer had to order me off the job, demoted me for not returning right away with a release, and then terminated me when I did return to work. I know, I am still dumbfounded how this could possibly happen in the USA in 2015. As for someone mentioning, oh but you could have sued... Now just think about what lawyer is going to take an incredibly complex case and expend resources on it, which may only get covered up further or a small employer would just siphon off assets declare bankruptcy, and pop right back up with minimal loss. A lot of documentation had to be followed in order to even see what was really happening.

Long story short, in 2015 the EEOC clearly stated that I was medically unfit to work and was a liability to have around, which the NLRB rubber stamped in 2016. I know Disability only cares about what they think, but it's still more proof for me now. Due to my own stubborn unwillingness to give in, I walked away from the union BS and did temp jobs, and forced myself through one more year before finally conceding that I can't do it anymore and I can't lie to myself anymore. Regardless, of how long I pushed myself, 2 U.S. Agencies determined that I was medically unfit to work already. And yes, I did download the EEOC and NLRB documentation to the Social Security appeal online as well. They now have all documentation relevant to all medical problems and disability, multiple medical leave occurrences, and relevant documents for the last 6 years regarding my case. Disability cannot just act like it is the mid 90s regarding my medical condition anymore and enough info so they can clearly see how I kept trying and kept failing.

And I have to return to my doctor soon for a refill on scripts, so I will get what you said and ask her to help with the other specialists I have seen at that hospital group I have been skipping (Kansas did everything else to abort Obamacare) due to cost, since they have all acted ready to write whatever I wanted.

CountAllVotes

(21,044 posts)
14. Absolutely
Thu Aug 23, 2018, 11:02 AM
Aug 2018

The OP needs an SS attorney.

The OP doesn't state that they have one.

If the OP does not have one, well get one before it is too late!



torius

(1,652 posts)
8. You need an SS attorney
Fri Mar 9, 2018, 04:17 PM
Mar 2018

and after you get rejected is the time to get it. Pretty much everyone gets rejected. The attorney gets paid later, I think via the lump sum you will hopefully get. The attorney knows how to navigate the process, there is not a good chance of getting in on your own though a few people do, I have heard it's very hard. Chronic pain is one of those "subjective" things that are hard to get it for. You need to prove why you can't work, not just prove you are sick or in pain. So you have to write things like "I can't get out of bed because of the pain" not just "I'm in pain."
Being over 50 helps you get it.

WyattKansas

(1,648 posts)
11. They take a percentage for the work I just submitted back to Social Security.
Fri Mar 9, 2018, 07:27 PM
Mar 2018

Before the last rejection, they didn't want relevant documentation clearly showing the evidence for the last 6 years. I have concluded that the first phase was them just stalling and making me jump through hoops, because they did nothing in their medical tests that would have given them any insight. They were actually upset so much was wrong with me and they ran out of room on their forms.

I have appealed that decision online and uploaded all relevant documentation to them as well, which clearly shows that I have kept trying against all odds and only got worse since 2012 with medical problems in all years. Why should I be penalized a percentage just for having a case file to get it approved, when I have already done all the work for the attorney, besides showing up and saying he is 'disabled' so that makes it a slam dunk.

On top of the chronic pain is at least 6 other diagnosed medical conditions, all with their own complications, with a well documented history of problems and me fighting to keep working as long as I have. Ask someone else who has been on the maximum dosage of Tramadol for 23 years if they just have a pain. The problem isn't having enough wrong, the problem is getting around their denial that someone has waited this long to finally claim it, so they aren't ready to actually accept a myriad of problems and complications all at once, because he didn't whine for it sooner.

Lulu KC

(4,016 posts)
13. Is there a way to find a good one--
Fri Aug 17, 2018, 03:04 PM
Aug 2018

other than the obvious, word of mouth. We are dealing with this in our family and just don't know anyone else who's been through it with a good atty.

Soxfan58

(3,479 posts)
12. Have you had a "Functional Capacity Evaluation"
Fri May 4, 2018, 09:18 AM
May 2018

It's a test to show your abilities to work, what you can do, what you can't. takes about 3 hours. I suggest you try as hard as you can comfortably do, and be very honest about your pain and limitations. They are trained to spot people not giving 100%. It's a good weapon in you arsenal. I am in the same boat as you except I haven't been rejected "yet". My doctors have said if I keep working I could lose the use of my arms or become a paraplegic. Good Luck, working in pain sucks!!!

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