Disability
Related: About this forumDoes anyone have experience with the SSDI process?
I've been denied up to the appeals council level. I think what my lawyer is doing now is suing Social Security itself? Whatever it is, it's the last step in the appeals process. I've been doing this for YEARS. It is taking forever. And I know that I probably won't get approval from the court. If anything, they'll just remand it to the original disability judge. UGH. The last thing my lawyer sent to the court was in November. It could be more than a year before I hear anything.
It's just really frustrating. I have a mental disability that's gotten worse over time and I can't hold down a job because of it. It's difficult to even get me out of the house.
Can anyone else relate? How did your case go? What happens after this if I get denied by the court? Like I said I'm beyond the appeals court level, now I'm at whatever the next step is. If it all falls through I start all over again, right?
It really shouldn't be this hard.
SonofDonald
(2,050 posts)Have you had the required medical and mental health examinations?, they do this to determine your amount of disability as pertains to each, I would think you already
have as these need to be done first before the paperwork is handed in.
Have your lawyer go back over the completed forms to see what the determination by the Soc Sec was and if it's different than what was determined by the health examinations, THEY MAKE MISTAKES, if you don't point out any discrepancies to them it can't be awarded as they will not do the work to change the determination, it has to come from you.
Compare your private mental health doctors diagnosis with the one from the doctor Soc Sec sent you to, any difference?, if you've been seeing a mental health professional for any length of time their determination and diagnosis could vary widely from the Soc Sec provided examination/interview which takes what?, an entire hour?.
They make mistakes, find those and it may turn out in your favor.
I hope you find peace and get what should rightfully be yours.
Astraea
(488 posts)claimed that I didn't really have one of my conditions, even though psychiatrists and therapists that I've been seeing for years said I do have it, and I take medication for it and it helps.
They'll do anything to deny you. I'm sick of it. Half an hour of talking to this stranger and suddenly they're an expert on your diagnosis.
OregonBlue
(7,894 posts)health disabilities that are covered by social security and you have to have been diagnosed as having those by a psychiatrist. If you have not been, you have to go to a psychiatrist and get that diagnosis. Your attorney should know what you have to do. If you are denied, you start all over again. The only consolation is that, when you start over, your old claim doesn't go away, when you are finally approved, you are paid back to the time of your original application.
Sorry you are going through this. It is such a long difficult road and will only get worse under Trump.
Astraea
(488 posts)That my chances are even smaller because of the Trump administration.
PoorMonger
(844 posts)But even with Physical disability since birth ( Cerebral Palsy) their system took years. I'm only on SSI - because I live with family and not on my own. I can sympathize with you though. It's a gigantic system and moves very slow.
Doreen
(11,686 posts)I went through this years ago. I have both mental and physical disabilities. I was denied twice then got a lawyer and got approved. I did this all starting in 1990 and actually it took about I think 8 months. It was a bit easier way back then. It has gotten a lot harder and you do not get as much back pay. I think you only get three months back pay now. I could be wrong. I actually fear that they may try to take me off because of this crappy trump administration. This is a whole new situation and since I do not "look" disabled and you can not tell by talking to me for just awhile that I am mentally disabled. At this time just keep fighting even if the appeal is not accepted. If your lawyer has not done anything since November I think you need another one. Half a year is mighty damn long for nothing being done. If you win your back pay is going to pay for it. I would get everything from your lawyer dated and itemized because if they try to charge you for anything in the last six months that they have not done then that is wrong. Good luck.
OregonBlue
(7,894 posts)Oregon, some of the appeal hearings are taking up to 12-18 months to be heard. It's criminal.