SSI DENIED TWICE!!! HELP!!

[BlueEyezRN]

Hello everyone and anyone !

I have been a Registered Nurse for 27 yrs and just got terminated from my last position on June 1st.




I was dx last March (2016) after having what were now determined to be symptoms due to MS(especially dizziness and falls-one caused a Fractured Hip at work and ultimately a Total Hip replacement).


I was using Intermittent FMLA for a year but ran out.


I have been getting Short Term Disability via my last employer(starting around July 3rd) which was only going to be for about 3 wks. I now have to wait to hear the insurance company's decision to find out if I can get it extended.


My employer terminated me when they read the paperwork from my Neuro stating that my condition is lifelong and that she wasn't sure that I would be able to return. They stated that they cannot accommodate ADA. This position that I held was work at home exclusively. Cannot get much easier physically.


I now have no health insurance and am waiting for assistance to be able to get my non-MS meds and my Copaxone. I applied for Medicaid and was denied(my daughter is 22 yrs old) which I knew would happen since I was a Case Manager with this same company before doing Nurse Advice Line.


Just 2 weeks prior to taking a short leave (due to my horrible dizziness, exhaustion and most importantly my memory issues-word finding and critical thinking), I saw my Neuro. She felt that I needed MRIs of my C-spine and Thoracic spine as my symptoms aren't improving and I had never had those 2 scans. The C-spine had lesions on it which may be showing worsening of my MS. This is why I need a repeat Brain MRI and possible change from Copaxone to an IV MS Med. Now I can't have the MRI due to the cost. Nobody will help due to my income last year.


I filed my appeal right away online.


The SSA sent a form for my daughter to fill out asking about my ADLs, symptoms, etc that I have and any possible changes. She never got a chance to even fill out the paperwork because the next day I received notification that they denied my appeal. My daughter does all of the cleaning and cooking thankfully.


I'm desperate and also disgusted since I feel that they are holding against me the fact that I am an RN and not yet 50. They pretty much said so in their paperwork when they explained their decision.


My education should have nothing to do with this since I don't have a degree-I only have a Diploma RN. Also, I am not able to do any physical work and my Neuro status affects my ability to do any work.


My question if anyone can answer is basically this:how can I be denied AGAIN after the change that I am not working anymore plus NOT having all of the requested info?


Sorry this is so long.


Namaste.
Karen




Sorry this is so long.


Namaste.
Karen
Sorry this is so long.

Namaste.
Karen

NB: I found a lawyer to speak to and had found an organization to help prior to that. However, the organization does NOT have a lawyer which makes me leary. I also wrote to my Congressman and am waiting to hear back. Anyone decide to use a non-lawyer and have good things to say? I obviously need this to work out or I am screwed!

[pennstater]

Sorry to hear of your troubles. I can't help with any non-lawyer experience. On my appeal of SSDI denial, I used a lawyer. His practice was solely SSDI. In case you weren't aware, these lawyers only get paid if you win and the amount is capped (I believe still at $6000). I also had to pay some incidental fees for medical records fees.

While it seems like alot, in the long run, it was worth it. Not only was the appeal successful, but the disability start date was backdated, even further than what I thought could be.

Part of the SSDI process does look at education levels to determine if you can do any work.

If you are going the non lawyer route, can you ask them for references? I assume you live in a state where you can appeal again? Is your appeal now at the hudge level? In PA, I only had one appeal which went to the federal judge level. Thankfully, he saw my 30 year work history as a positive and that at 52, agreed I could not consistently sustain another job. So it can end successfully. But it sounds like you do need someone with experience to help guide you through the process.

Good luck.

[TheMSLawyer]

BlueEyez,

Initially, I am sorry to hear that the SSA has denied you twice. In my experience, however, many deserving claims get denied at the initial level, and these errors are often reversed on appeal.

A couple of thoughts on your post, based on my decade of experience as an SSDI attorney...

1. Although some claimants can get away with not having counsel for the initial filing, you need an attorney for the appeal. You should confirm that they have experience with MS claims in particular, focus their practice on disability claims, and that you have a good rapport (and that you aren't simply creating a relationship with his/her assistant).

2. Be sure that your attorney files an appeal of the recent denial, not a new claim (unless he/she is able to give a good reason). Many people make this error, and there are important distinctions between the two.

3. The lack of any physical demands in your recent work is likely one of the reasons your claim was denied; the examiner will have to determine that you cannot do this type of basic work while only reviewing your paper file. Cases such as yours have a much higher approval rate before a judge, who may have more time/expertise to understand the subtleties of your restrictions.

4. A congressional inquiry may not have much impact in speeding up the process at this stage. The SSA typically responds with a status update to the congressman, rather than an expedited hearing.

5. If your short or long term disability claim is denied, get an attorney immediately. These appeals are very tricky, and an attorney's ability to add additional information after an appeal is denied is very constrained.

6. Don't give up! Claims like yours are won by experienced attorneys every day!

I handle MS claims on a nationwide basis, and your are welcome to send me a private message to discuss your issues further. Regardless, I hope the above information is helpful. Good luck!