Need help with Disability Appeal
  • chaosmomchaosmom
    Posts: 4,186Member
    Ok, I filed for disability for DS7. Filled out all the paperwork, did an in person interview, gave them all the contact info for all his drs, therapist, labs, etc, signed the papers for records release, yada yada. Well, they denied it. They didn't even get all his records before they denied it! The reasons they gave me were laughable & it was obvious they didn't read *anything* in his records. Soooo, doing an appeal now. I called SSA to see who all they DID manage to get records from. I was on hold for an hour, a whole fucking hour, while she was "checking". Bullshit. It can't be THAT difficult. Anyways, I hung up. I have all the paperwork for the appeals process but I have no idea HOW to get the rest of the records in to them for the reconsideration. Do I just mail it in with the other paperwork? Fax it all? Do I just send in the records they didn't get or should I get copies of every little piece of paper regarding this & take it all in to the local office? Ugh. Son of a bitch. Because I don't have enough to deal with.
  • fatchickonabikefatchickonabike
    Posts: 6,590Member
    I'm betting they deny everyone the first time around because they figure a good portion of people will give up and not bother them anymore. Fuckers.
    Part of growing up is learning to forgive your parents for being human.
  • KellynnKellynn
    Posts: 2,284Member
    Sad to say the only way you will probably get it is to hire a lawyer, and they take up to 25%. It really sucks, but that's the way the system is set up now, and they profit big time.
  • chaosmomchaosmom
    Posts: 4,186Member
    @fatchickonabike, I was expecting it to be denied the 1st time just because they are assholes. I just wasn't prepared for it yet. They did it pretty quickly (about a month). I'm just more pissed off that they did it without even getting all the shit together.

    @cklw, I have thought about a lawyer but I don't know if I should try again by myself first. I know it can be appealed a couple of times. There are groups that help with this & their fees are income based so I wouldn't pay anything (or very minimal). If I can get in touch with them, I will definitely go that route.
  • fatchickonabikefatchickonabike
    Posts: 6,590Member
    It sounds like they're not even making a pretense of examining the facts. Sorry you have to go through this.
    Part of growing up is learning to forgive your parents for being human.
  • mama2tutnkcmama2tutnkc
    Posts: 1,039Member
    We've been denied twice and my son has Chronic Kidney Disease.. the first time we were denied bc the diagnosis was wrong on the paperwork. SSA has a list of approved terminology for disabilities and if the Dr. doesn't have their approved term listed as the condition they will deny it, no questions asked.

    @Gingersnap & @writermags helped me with some other tips...
    feels like *home* to me
  • mama2tutnkcmama2tutnkc
    Posts: 1,039Member
    Oh & it is a good idea to have copies of all of his medical records to take to ssa (I know its a pita)

    And yes we got a lawyer this time, it's been a relief. The lawyer is handling it, I'm just signing documents and he's handling the rest...
    feels like *home* to me
  • mama2tutnkcmama2tutnkc
    Posts: 1,039Member
    Autism has to be labled as "autism disorder" not just autism ( don't quote me I have Swiss cheese memory sometimes)

    Sorry for multiple posts I'm just typing things as I remember them
    feels like *home* to me
  • chaosmomchaosmom
    Posts: 4,186Member
    Ahhhh @mama2tutnkc, I think you may have hit the nail on the head! I bet his Pysch put "Mood Disorder-NOS" instead of actual Bipolar Disorder. That's what she did on the school paperwork so I bet she did on the SSA stuff too. You know how they like to be as vague as possible wanting to keep confidentiality & protect from stigmatism. And I bet that's why they didn't finish getting all the records together because what I put & what she put didn't match up. Ok, gotta talk to her & then figure out how we fix this if that's the problem.
  • KellynnKellynn
    Posts: 2,284Member
    If you can get a lawyer fairly inexpensively, I would definitely do that. They know exactly what to do, how to do things, terms/expressions to use, etc.
  • chaosmomchaosmom
    Posts: 4,186Member
    Yep, I'm going to call around today & see who I can get to handle this. I feel like it will be more of a headache than I want to deal with right now.
  • GingersnapGingersnap
    Posts: 9,696Member
    Our son's paperwork (at the time) had to say "Autistic Disorder". Originally, his the psychologist diagnosed him with "autism". We had to get that straightened out for other services before we applied for SSI, which is probably why it went smoothly. 
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    “The privilege of a lifetime is being who you are.” ― Joseph Campbell
  • chaosmomchaosmom
    Posts: 4,186Member
    @gingersnap, how did you get it straightened out? Did the dr go back & change the diagnosis on all the notes or something?
  • GingersnapGingersnap
    Posts: 9,696Member
    Yes. I contact the diagnosing psychologist and request an amendment. Actually that process was a total PITA because they had misplaced his file. Luckily, I had kept copies of EVERYTHING they sent me, so I was able to fax my stuff to them, then an amendment was made and faxed to me. The biggest difficulty I had was that office. I'd sent the request, and waited two weeks. They ignored my request because they couldn't find his file instead of replying "we have no record of this patient". I wanted to hit them with a stick.
    image
    “The privilege of a lifetime is being who you are.” ― Joseph Campbell
  • tothemoonandbacktothemoonandback
    Posts: 3,934Member
    @chaosmom, if you PM me your city/state I can look up a list of disability attys in your area, I do it all the time for people at my job.  Something like 60 percent of people are denied the first time.  The attorneys take a set fee (percent) of the back pay/award, and only if they are successful.
    Imperfection is beauty, madness is genius, and it's better to be absolutely ridiculous than absolutely boring. - Marilyn Monroe
  • Mommatoo3
    Posts: 4Member
    Ok I just went thru this so I hope I help..... They deney everyone ( unless special circumstances are involved) the first time reason for this is so you will give up and think you or son or daughter is not qualified. Your first step needs to be a lawyer ASAP you can find one in your area that only gets paid if you win your case. Give them all your info and let them do the rest. I filed for my son 3 times before he was approved. It took my son going in front of a judge and me proving to this judge that my son is 8 years old and has never spoke a word or made a sound since the day he was born. Anyways he got approved and his back pay goes into a special account called dedicated account he gets 2,000 every 6 months until all back pay is paid. All together he got 15,000 and of that his lawyer got 3,000 dollars not sure about all states but here in va lawyers cannot get no more then $3,000 on a child's disability case check into it and make sure but first things first go get a lawyer and don't give up no matter what cus that's exactly what they want. Good luck and hope everything works out for you.
  • chaosmomchaosmom
    Posts: 4,186Member
    @mommatoo3, thanks :) I actually just got a lawyer last week!! They get 25% or $6000 max if they win. They are getting everything together. I already talked to the psychiatrist & she is ammending the few pages here & there that have the wrong dx on them & I have a questionnaire for her to fill out also. We know without a doubt that he meets all the criteria for disability so we're pushing on until it gets approved. Just feels good to NOT have to deal with this myself. A huge relief! Now I can focus on the school stuff...paperwork, meetings with iep team...the other fun stuff lol. Oh yeah, and the kid!
  • km.mamma
    Posts: 131Member
    I think they deny everyone first time and lawyer is best they take from the retro check you get and tht is based on the first time you applied ,i believe there is a cut off to the amount the lawyer can take! The retro check needs to be used for certian things and you need proof as in reciepts and approveale from case worker good luck
  • crazybroad
    Posts: 91Member
    I want to file for my ds8 who has bipolar disorder nos because I had to quit two jobs because he ends up acting up at the sitters so they keep quitting and im always having to go to the school when he flips. i dont even know where to start or if he would even qualify...what makes me mad is the people who are fine but get it be cause they know how to work the system. 
  • BlessieBlessie
    Posts: 2,108Member
    I wonder if it is the same for hearing impairment and partial blindness... I have been putting off filing for my girls for other reasons but hell if it going to be like that maybe I should get the ball rolling now.
  • Mommatoo3
    Posts: 4Member
    Yes do it @Blessie won't hurt to try if you get denied apply again
  • kittenkitty00
    Posts: 522Member
    My son was denied 3 times then we finally ended in court and judge even put in decision state was grossely negligent in first and second denial. It sucks but its true. Try a legal aide office they are free but buckle down for long run my atty tokd me they had never heard of a child getting ssi without a court date. Just make sure u turn in everything u can records from schools hospitals records of actions at home date time what happened it really helps. In my case my son acted out more at school then home so was easy to get records of how it limited his functionality