favable decision

[finz]

Having a lawyer may help, best of luck to you in the process.

I know that docs can't just write that you are disabled/unable to do any kind of gainful employment. Their documentation must say specifically what limitations you have in your functional ability.......then it is up to SS to conclude that you cannot work. For example, your doc might say that you can only sit or stand for a maximum of 1 hour, then you must lay down. SS would then have to determine that they cannot find you a job where you can lay down. All documentation must be consistent.....if one doc says you are legally blind and require a cane to ambulate, that doesn't jibe with you still driving, etc.

If your docs did not check off that you are unable to dress yourself, do your meal prep, etc then SSDI thinks that you can do those things

I have to add.....poor eyesight requiring a cane to ambulate, trouble focusing, constant headaches, spastic movements, lack of feeling in your hands needed to operate a car...you should not be driving ever !!!!!

[philperrin]

Hi there,

I wanted to say I recently was approved by SS for disability on 9/4 after being disabled from Jan 2007, collecting CA temporary disability for a year until it ran out so I could file April of 08' for Permanent SSD. I suffer from RSD from a car accident I had in 2003, due to diabetic hypoglycemia resulting in temporary unconsciousness behind the wheel of a motor vehicle. I ended up taking my insulin and waiting almost 45 minutes in a drive thru line at taco bell. Anyway, I had a broken top rear right side rib and 2 thoracic vertabrae which were fractured. In english thoracic= middle of the back. I actually didn't have a seat belt on, and I ALWAYS wear one, I happened to reach up to the drive thru's extra bullet proof protected sliding glass enclosure to get my food and forgot to put the seat belt back on as I was so excited to finally get food after that long, I just started driving again.

Anyway, I ended up dropping my buddy off and hitting a tree head on at 60-65mph without a seatbelt. I ended up with my butt on the floor board of the drivers seat with the steering wheel in my chest flush with my chest and it was fully inserted into the dashboard, as well as the front of the drivers seat was butted up against my back. The thing that caused my 2 vertabrae to become fractured is the seat handle the moved the seat back and forth. The handle as I remember when I came to in the vehicle after the collision, was uncomfortably pushing into my back. They ended up using the jaws of life to cut the car apart, get the top off and then to push the bottom floor board back away from the dash/steeringwheel so they could exctract me.

I recovered after being in the house about 6 months from the trauma, partially collapsed lungs in addition to what I listed before. 3 years later, my back and nervous system decided to react to the accident. In 2006 I was regularily excercising approx 5-7 miles/day on the treadmill and I s tarted having pain again, as I always relayed it, it felt like the seat handle was pushing in my back again. This time it didn't go away and it still never has to this day.... I ended up finding out in October that I had 3 compression fractures in the middle of my back, or as they medically term is "thoracic" portion of the spine. I basically had been walking around with them from the auto accident and I was never treated for them. This would also be the reason for heavy need of narcotics the following 6-8 months after my accident....

Anyway, 1 and a half years later, approximately 11 doctors, 2 different chiropractors, 2 different physical therapists, as well as an accupuncturist, and 2 spinal epidurals later, after all of these didn't work, I recevied my diagnosis of RSD.

I currently have pain that goes from my neck to the middle of my back, just to the right of my spine all the way down, and the entire upper right portion of the back through my shoulder blade and down my right arm through my wrist into my fingers, I have RSD now. The pain is constant and it never fully goes away.

I cannot stand/sit longer than 20 minutes, and if I take a break from either, when I come back and resume, the pain is just as bad as where I left off. The only thing that helps me is laying down. This doesn't take the pain away it just makes it less dull. I am and have been on heavy heavy doses of narcotics the entire time too. Because unfortunately if they can't cut me, they can drug me instead.

So, attempting to return to college or resume 13 years in the computer industry at any capacity is next to impossible for me. I also have been diagnosed with severe A.D.D., and not so suprisingly severe depression. Fortunately, my doctors are on my side and agree with the disability and this was half the battle.

I applied to SSD in April of 08, and I was turned down and reapplied 2nd and 3rd times and by December of 08. The first time they didn't even contact my pain doctor! So for the ALJ appeal I got a lawyer... Not just any lawyer, but one whom goes all over the country for peoples cases and one whom worked for SSD for 18 years before practiciing on the other side of the law and helping peoples cases.

Anyway, He took statements from my psychologist whom diagnosed me with severe ADD and major depression, as well as my pain doctor whom diagnosed me with RSD, and whom had at current time been treating me. That accompanied by records supporting the statements from the doctors as well as medical records detailing my history since the accident medically opened the eyes of SSD at the ALJ level. I had requested a hearing jan of 09 and would have had it sometime in may nexy year, but my lawyer put the above together in the package and sent it to SSD to the ALJ that would have heard my case and he did what was called an "on the record" basically stating my case and asking for a ruling without hearing because of my situation being so extreme and without doubt from my doctors.

This took a few months from the time it was submitted before hearing a reply. From June to September of 09' to hear a reply. I recieved in Sept. a ruling fully favorable to me. Basically I had a ruling that was 12 pages long in it's entirety. What it basically said in english was that the ALJ agreed I was disabled with my doctors, and OVER-RULED, as well as discounted their doctors whom I had to go see not once but 2 times both physical and mental, and I spent all of about 10 minutes with each of them too.

I hope this helps anyone still trying to win their appeal or case. I now recieved notice that I've won my appeal but I've not recieved a penny. Oh and I also applied for SSI which was on hold until I was favorable with SSD for a decision, and they are actually finally sending me monthly payments but they too owe me 1 years in back pay, as well as disability states that it owes me from Jan of 2007 until today. I've yet to see a freaking penny and I'm about to lose my mind... It's like these people have no sense of understanding that when you are disabled and broke, that means you have 0 money and can't afford the basics and a roof over my head. Fortunately my folks have kept me going as far as meds and doctors appointments but 15 meds and 4 specialists multiple times/month aren't cheap along with food and shelter. I just can't believe the speed at which these people function...I'm hoping by sometime next march I'll have a monthly disability payment. I also found out last week that they don't give you your back pay all at once, that it's done in thirds....How nice of them....

[Janke]

Originally Posted by philperrin

Hi there...

I just can't believe the speed at which these people function...I'm hoping by sometime next march I'll have a monthly disability payment. I also found out last week that they don't give you your back pay all at once, that it's done in thirds....How nice of them....

The installment process for retroactive SSI checks was mandated by Congress. It started as a Big Brother method of making sure that SSI receipients don't do stupid things with large sums of money because a few people did that after a court case in the 1990's called Zebley. The first installment process was palatable. This new process of paying 3 months of SSI at first, 3 months of SSI six months later and the bulk 12 months later is ridiculous yet it is the law. Your local office cannot thumb their nose at the regulations just because they don't like it. IMO, it is an attempt by Congress to hold on to money longer so they can spend more of it somewhere else. This is a provision that started in the Clinton administration, was tweaked in the Bush administration and has been left in place by the Obama adminstration. Only Congress can change it.

There are exceptions to installments for SSI. Read the award letter. Bring evidence to your local office that you meet one of the listed installments.

Also, because you have an SSI claim, if the SSI claim is paid, the retroactive SSDI will be offset by the amount of SSI that would not have been paid if the SSDI had been paid on time. Read that sentence a few times. It is called windfall offset and often slows down the processing of retroactive benefits.

The ALJ only writes a decision. The payment center staff does not start on paying your claim until after a favorable decision is written. Then, if all the non-medical documents have not been submitted previously, the payment center has to contact you for more info. The local office effectuates payment on the SSI claim after you provide proof of all income and resources (non-medical info) and living arrangements since you filed a claim. Once all those non-medical issues are resolved, payment can be made.

[Kathi49]

Thanks Janke,

I was wondering where my backpay was. When I called last week, they said it was on the 4th module whatever that means. Hey, just as long as I know it is being processed, I am fine with it.

[echoes long ago]

i think the fourth module is three steps from the seventh circle of hell. I hope you get your money soon.

[RSD31]

I do not know but last Thursday I received my 1st SSI check it was for November payment on Saturday i received all of my backpay in one check . so the above rule must not apply

[jannaw]

I filed in January of 08 and was approved in May...I started the initial claim and then in March I signed up with Allsup..boy am I glad I did. I am the only person I know that got SSDI that quickly. They messed up the checks for the first three months, in fact they overpaid me but wouldn't hear of it, who I am to call foul on them? Anyway it'll all get straightened out with you rather quickly now. Congratulations!