Ssdi Denial , Even W/ Enough Credits?
i just received my denial letter, should i appeal alone or with a lawyer,i am in tx, i have tried finding a desk job but i do not have the work experience needed and i cannot do the manual labor i used to do , i have tried working as a cna so if i got sick on the job a nurse was close by but i cant ,it is to mentally and physically hard, should i get a lawyer or go it alone serious answers only not 2 cents thanks
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If you’ve been denied once the chances of you being granted disability without the services of a lawyer are next to nil. So get a lawyer. Another thing you have to have the support of your doctors who say you are disabled because disability looks at what they say you can’t do and not so much what you say you can’t do, if that makes sense. If you are saying a job is mentally and physically too hard to do you will need the backing of both a medical doctor and a psychologist or neuropsychologist in order to meet SSDI requirements of proof. A lot of people don’t apply the correct way so that’s why they get denied.
No, do not get a lawyer. Get the advice of a CIL and other disability advocates. Many people are denied the first time. It is most likely that your doctor was not detailed enough in his/her description of your disability and its limiting factors. It is also possible you are simply not disabled enough – you may need to get retraining so you can get a desk job. contact your state office of rehabilitation and give them a copy of your denial letter.
Appeal without a lawyer. If you fail the appeal – than is the time for a lawyer.
If you’re saying you tried for SS disability and you were denied then let me tell you they usually deny the first claim so keep trying.
Perhaps you have not provided all the documentation for your case.
When you initially apply for SS disability you do that thru a SS attorney. You sign a contract with them and when your money comes in then they are paid off the top.
When you apply for SS disability you are saying that you “cannot” work or work in the same area you were trained to or cannot do the jobs you used to and that whatever disability you have will get worse with time….so first of all has your doctor proved that for you?…and second when you go in front of the judge he will have a few people sitting there from Vocational Rehabilitation determining while you talk if there is any other work you “can” do. The problem with working is that depending on how much you earn then SS can diminish the amount of money they give to you.
Keep on fighting it and if they are stubborn then get a lawyer.
follow the appeal process -it will save you legal fees. ask your case worker for advice, too.
Two years of schooling and you can be right back on top.
Look up Medical Records. A lot of Jr. College’s have it.
I can only tell you the experience my husband had and what I have seen with others. It appears SSD denies almost everyone the first time and often the 2nd time. A lawyer who is honest will evaluate your case and take it only of they believe they can win because they work on commission (contingency is the lawyer word for it, meaning they get paid only if you do) fee is 25-30% of the lump sum recovery only nothing from the ongoing amount. The decision about getting a lawyer depends on whether you have the patience and persistence to do the paper work, the evaluations of medical reports, etc. yourself or if you get discouraged and more depressed by dealing with it and are concerned about not having a good understanding of all they ask. Unless things have changed since my husband got his SSD the fees for lawyer are the same whether they start to work for you at the time of the first appeal or the second or 3rd. So unless you have a pretty much open and shut case like being bedridden you will probably have another denial and appeal doing it in your own and very possibly another denial and appeal if you use a lawyer. If it goes to a 2nd or 3rd appeal you definitely need a lawyer. For us my husband did not have the stamina for a do it yourself appeal process either physically or more important emotionally so the best way was to get a lawyer with specific SSD experience and success. In your shoes I would base my decision on whether I believe I have the skill and ability for all their paperwork and whether it was worth the cost to have someone else deal with it.
A couple of other things that may be useful: Generally you can not have any recorded work during the application and appeal process or very little a lawyer can advise on that too). Their standard is inability to do any gainful work. SS normally looks for 2 or more major things wrong and seems to favor one being physical and one psychological. Psychological may well be depression based on the pain and uncertainty of the disability and coping with life but should show that in some way this lessens ability to work. I do not know about TX. In GA to be eligible for service from Vocational Rehab one must have already been determined as disabled. You can call them and ask. There may be other programs available that may teach you another type job. Generally SS does take into consideration your educational level and such in deciding what you might be able to do as far as the gainful work thing.
Hey I was denied SSDI too but I was expecting it. I am better now and I don’t need money from them anymore. I can work thanks to overcoming being inflexible and I have learned to control lot of my anxiety.
Yes I would say get a lawyer. Lot of people are denied SSI/SSDI the first time. I don’t know why they do this. I heard it’s because they expect you to find the right job for your needs but how hard is it to understand that can’t always happen? What if places don’t hire you or they want you to have experience, etc? SSA just doesn’t care. I can remember my mom telling me when I was 18 doctors try and find reasons to not approve you when they send a letter to them after evaluating you. All this doctor did for SSDI they hired was asked me questions about my life (my relationship status, how long I have lived in the area, where I went for my honeymoon) and asked me stupid questions like what day of the week it is and stuff. He hardly asked me about my disability. I would have had that difficulty anyway if he did because I am not fully aware of it.
you don’t get SSDI just because you have enough credits—you need to have a sever disabilitythat prevents you from working in any profession–
you indicate that yu would be able to work a desk job if you had teh skills–
if you are young enough (not close to retirement)–SSA will expect you to retarin for a new job—VOCATIONAL REHAB is supposed to help you with this….
most people will need a lawyer–except teh people with obvious debiitating conditiosn