Denied SSDI, What do I do next?

[Dutchess]

Hello,

The short version of my story is I have been riddled with injuries for years from playing sports through out my teens, 20's and early 30's. I played softball and was a catcher. Over the past ten years I have had several knee surgeries and finally a knee replacement in 2001. Knee became infected soon after and never healed. It hurts more now than before it was replaced.

I have also had numerous back injuries as well. After years and years of being told to just lose weight and exercise, I just tried to ignore it. Over the past two years while trying to work through the pain of the knee replacement, my back became unbearably worse. This past year it began to really effect my life and interfere with my job. I have started losing a lot of the control of my legs and I fall a lot. I have fallen many times at work and people started noticing. I have had to sneak home and ice both knee and back, sometimes twice a day. I live less than a mile from my office and stayed online while at home so I got away with this for several months.

By Jan 06 I was hiding at home more than I was in the office and people started noticing. By March I was out so often I was finally told not to come back until I had a medical release. I had enough sick and vacation leave to take me through July. When July arrived and I still didn't know what the cause of my pain was and I was completely bed ridden, I applied for SSDI.

It took five months just to get a diagnosis. Four fractured vertebra and RSD in my left knee.

I saw four different surgeons and all refused to do the spinal fusion surgery because of it being level four and the high risk. Plus they all mentioned the RSD being a factor as well.

I received a letter from SSDI on 10/27/06 saying I was declined because according to my medical records there is no reason I can not work. I have a complete copy of my medical records so unless my doctor's sent in something else, they say exactly what I have said here. The only other thing that can be possible is that the records were submitted prior to the diagnosis. (I am 39 years old.) But I was examined by their doctor also.

Either way, I now must appeal the decision, right? How do I go about finding an attorney? I don't know anyone who has been through this so I am totally clueless.

I am in Tampa, Florida if anyone has any advice they can offer. I am desperate. I have no income and I am close to losing my condo. I am so confused and terrified. I don't know what to do next.

Thank you for any advice,

Shane

[fallenangell]

Shane, I'm so sorry that you're going thru this, but, unfortunately, when dealing with SSA, you have to prove to them without a doubt that you are disabled. It's frustrating, I know.

I just received a fully favorable decision about 10 days ago, after being denied twice, and denied again after my ALJ hearing last year. We appealed the decision from the ALJ and the reviews council assigned it to another judge, and within 2 months he gave me a favorable decision...but it was a very long three and a half years of waiting.

You have 60 days to appeal (I think it's 60 days)...I would recommed getting a lawyer, but you can do a written appeal yourself (I did the first two appeals myself). Look in your phone book in the yellow pages and you should be able to find a SS attorney. But whatever you do, don't go past the time limit, because if you do, they'll drop your case and you will have to start over.

Good luck, I know it's not what you wanted to hear, and I'm sorry.

Angell

[backless]

Shane,there are many good attys out there. I do know that Binder and Binder which is highly recognized on the east coast is als in Fl. probably in your area as well. You can call them or any other SSDI atty.in the phonebook and have a FREE consultation .If they believe you have a good case they will usually accept it.The fee is about 5300 dollars which you ONLY pay if they get you the approval.Unfortunatly, Fl. is one of the slowest states and I have been waiting over 3 yrs. for a hearing. Which is what you request after the reconsideration stage ,which is where your at.So calll ASAP and perhaps you can be steered some immediate help in your area.One other thing ,your age is definatly a problem. You must have medical evidence proving that your disability will prevent you from doing simple jobs like taking tickets at a movie theatre,you need a Dr. that will agree to it. Good luck. Backless

[Sammie]

Shane

You just keep appealing, don't stop until you have won your benefits...

You may hear from many people that it takes a long time to win your benefits, and though it is true, you have to remember that the time will pass by anyway. If you don't appeal you will never know whether or not you would have been approved.
SO JUST KEEP GOING!

One thing with SSD...It is not the diagnosis that disables you, its how does the diagnosis effect your ability to be gainfully employed...In SSD, it working 5days a week 8 hours a day and making above 830.00 per month...

My disability became perm. in 2002 and I just won my benefits this year....I just kept going and appealing...Yes, I pulled my hair out at times, and I wanted to chunck the phone everytime I got a "stock" answer from SSA...

Good luck...

[RustyD]

I think it is common knowledge that 90-95 percent of apps get denied. It is just their way.. They keep denying and people have to have the fortitude to continue the fight. Get good docs behind you and yes get an attorney that specializes in SSDI. It may not be as quick as you want it to be, but you can win..

I guess the philosophy is if you are denied enough you will get frustrated and go back to work.. I understand the need to fight fraud.. But...

It is the only system in America where one has to proove they are innocent and judged quilty until it is prooven...

Good Luck to you...