For Rich - Denied because of PT work

[saywhat]

Because I am working, I was denied. Thing is, I am barely working part time, bringing in $200/mo GROSS. My DISABILITY keeps me from working any more than that.

I've appealed twice, been to court with an attorney, still denied.

Filed a new application complete with everything they wanted IN THEIR WORDS from my doctor, and still got another denial because I "am able to perform work that is less demanding." They even acknowledge that I "am not able to perform work that I have done in the past."

This is so freaking ridiculous!!!!!!!!!!!

So do I have to quit my job for them to actually HELP ME!?!? I work AT HOME, when I can, I have the easiest job ever known to man, but because of double vision and weak arms/hands the amount of work I can do is very limited. I do not have time to wait another 18mos for a second denial and hearing date. I needed this to be approved two YEARS AGO.

They have everything they need, my physician states in their own language that I meet their own requirements for being disabled by MS.

[saywhat]

Sorry I kind of went off on a ramble. My question is - Do I need to quit my job?

I meet all of their requirements, I have notes from my physician saying that I meet all of their requirements. They have no valid reason to deny me, yet they keep denying me.

I am 30. Is that why? Is it because I am working? This is so ridiculous.

Should I use the same attorney again, find a new attorney? My last attorney was baffled that the ALJ denied me. He didn't even get paid. This system has been downright abusive, and I am absolutely disgusted.

[Rich Feingold]

Hello, saywhat. Sorry to hear what happened. Based upon your description of your work activity, it does not sound like you are performing what is called Substantial Gainful Activity (disqualifying work activity). This is not a legal opinion, however, saywhat, because there is an analysis to determine whether or not a self-employed individual is engaging in SGA.

As I have not seen the ALJ denial, I do not know exactly why you were denied. There are many factors that an ALJ must consider when denying benefits and it is useful to review the decision to see if it has been rendered pursuant to law.

Sometimes, in my cases, if I do not feel that the ALJ's decision was valid, I will appeal to the Appeals Council of the Social Security Administration rather than having my client file a new application for benefits. Certainly, if there is a date last insured for Disability Insurance Benefits that precede's the ALJ's denial, then failing to appeal can prevent one from later receiving Disability Insurance Benefits.

Rich

[Jola]

Sorry I kind of went off on a ramble. My question is - Do I need to quit my job?

DI 24001.001 Definition of Substantial Gainful Activity (SGA)

...“Substantial gainful activity” means the performance of significant physical or mental activities in work for pay or profit, or in work of a type generally performed for pay or profit...

...Work may be substantial even if it is performed on a seasonal or part-time basis, or even if the individual does less, is paid less, or has less responsibility than in previous work.

[lstrl]

I'm pretty much in the same boat as you, except I haven't made it to the ALJ level yet (been waiting forever just to get a date). I got the letter you did, although mine also said that because I can still use my hands, I can work. So I guess all is well as long as you can still use your hands. That wasn't my point though. When I got an attorney, she told me that age (I was 28 when I first talked to her) was exactly why they wouldn't give me the time of day. I guess these days, being young prevents you from having a serious disability

[mercadies25]

WOW!!!!! Good luck to all of you!!!!

I have been fighting this for 3 and a half years.

My denial letters said I was 34, I am 48. Said I quit working in 2000, I quit in 2011. They said I was denied due to the opinions of 4 doctors that I never ever met. They said my disability was a torn rotator cuff. Yes, I have a repaired rotator cuff but, that's the least of my problems.

Try to fix this. hahahaha No one cares or gives a crap!!!!

I have hired a new lawyer, I have written the Senator, Gov. and even The White House. I have e-mail news channels and everyone I can think of.

They say file an appeal. Yeah ok but that's not fair. I know have to wait another 2 years for someone to fix THE MISTAKES THAT THEY MADE. My neuros and docs. say I am disabled due to MS, FIBROMYALGIA,IBS,HYPOTHYROIDISM,RA,DEGENERATIVE DISC DISEASE,CHRONIC PAIN AND CHRONIC DEPRESSION.

Some one please figure this out!!!!

[saywhat]

I'm pretty much in the same boat as you, except I haven't made it to the ALJ level yet (been waiting forever just to get a date). I got the letter you did, although mine also said that because I can still use my hands, I can work. So I guess all is well as long as you can still use your hands. That wasn't my point though. When I got an attorney, she told me that age (I was 28 when I first talked to her) was exactly why they wouldn't give me the time of day. I guess these days, being young prevents you from having a serious disability

I have medical records that I do not have full function of my hands or arms and they still deny me. I'm ready to just end it. So sick of this. It's been three years of absolutely hell and they certainly don't blink an eye before taking a huge chunk of my $100 paycheck to fund a program that I qualify for based on their own criteria, but refuse to give me.

[Jola]

I have medical records that I do not have full function of my hands or arms and they still deny me. I'm ready to just end it. So sick of this. It's been three years of absolutely hell and they certainly don't blink an eye before taking a huge chunk of my $100 paycheck to fund a program that I qualify for based on their own criteria, but refuse to give me.

I understand the frustration too. There was a thread where they talked about applying for SSDI without a lawyer. They said to go for it. However, this advice does not apply to those under age 50. Getting a good lawyer is essential. Maybe try Allsup, as their SSDI approval rate is 98%

[tspaulding]

I was 35 when I first applied for SSDI. I was on LTD and had left my job. Took me almost 3 yrs, but I was approved.

I would contact MS Society, I read that there is a book to help w/ SSDI process. I would also contact a lawyer for assistance. Age does not matter, do you have an MS neuro support?

Good luck and take care

[Rich Feingold]

Appeal options

Hello, saywhat and everyone. Once again, saywhat, so sorry to hear about the denial in your claim. This is why we have an appeal process, though, so that erroneous decisions can be reversed and justice done.

If you are denied at the initial level of review, you can file a request for reconsideration. If you are denied at the reconsideration level, you can file a request for hearing before an administrative law judge (ALJ).

If an ALJ denies your claim, you can file an appeal to the Appeals Council of the Social Security Administration. If the Appeals Council denies your request for review, you can file a civil action in federal district court. If the federal district court denies your appeal, you can appeal to the federal circuit court (one step below the U.S. Supreme Court).

So as you can see, there are many levels of potential review in these claims. If an ALJ has made a mistake and has incorrectly denied your claim, and this has happened before, then you have the right to appeal to make it right.

Does this make losing any easier to take? Maybe not, but at least you do have some options.

Right now, the Appeals Council is remanding about 17% of its cases. The percentage is much higher in federal district court, but less cases are filed there.

I hope that this all works out for you, saywhat.

Rich

[Jola]

I was 35 when I first applied for SSDI. I was on LTD and had left my job. Took me almost 3 yrs, but I was approved.

I would contact MS Society, I read that there is a book to help w/ SSDI process. I would also contact a lawyer for assistance. Age does not matter, do you have an MS neuro support?

Good luck and take care

I agree, age does not matter. However, age does matter if you apply without an attorney.