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Denied for benefits....again!

Discussion in 'Social Security / Disability Benefits' started by lablover, Dec 29, 2011.

  1. lablover

    lablover Registered

    Hey All!

    I haven't been on much lately as I have been feeling pretty crappy. I've tried to keep up reading posts but it was not always possible.

    I had my video hearing on November 21 with a judge from another state as ours is backed up beyond belief. Well on Friday before Christmas I got a denial letter from the judge. Talk about a kick in the gut! She basically said that I was making up how much pain I experience! She said that I "continue to allege that I have RA and fibro even though there is no joint damage or organ damage and that I couldn't have lupus as nobody in my family has a history of connective tissue diseases" !!!!! She also dismissed most of what my rh dr said because he had no business saying that I could not work.

    There were just SO many things wrong with what she said in the 12 page report that it is a wonder I am not still crying! I called my attorney freaking out and he told me to go through the report and write down discrepancies (sp) and we would get together and make a new plan of attack. I tried really hard to put it behind me so that I didn't spend the whole Christmas weekend crying. I don't mean to sound like such a whiner, but man, I thought that I was finally going to see the light at the end of the tunnel.

    Sorry to be such a downer! I hope everyone had a wonderful Christmas!

    take care,
    wendy
     
  2. lazylegs

    lazylegs Moderator

    Hi Wendy,

    I am so sorry to hear about the denial :hug:. Hopefully your attorney will be able to come up with something to change the courts mind.

    Take care,
    Lazylegs
     
  3. keebler

    keebler Moderator

    (((Wendy)))

    Sounds like your lawyer has another plan of attack.
    That judge must of thought "my she looks so good, there isn't anything wrong with her."
    We all know that line of talking is so out of line.

    I am sorry that you have to deal with this all again. :hug:
    Come here and let it all out when you need to. We totally understand what you are going threw.
    Love,
    Lyn
     
  4. lablover

    lablover Registered

    Thank you guys so much! It means so much to have the support of you all. :blush:

    take care,
    wendy
     
  5. sjaneo

    sjaneo Registered

    Thats terrible - noone can tell you what you experience!!

    Often I've learnt it pays to state what they want to hear - when I went to my rheumy when I was at my worst I started listing everything and some of them sounded made up e.g. pain in side, feels like it's moving all over me. Didnt get any help and pain finally subsided after 3 months on its own.

    The next time I went I didnt mention any weird symptoms instead I played on the classic symptoms - so so tired, can hardly get through the day, joints really sore etc (which is all true but I just avoided the other symptoms that arent "classic lupus) - and lo and behold I got my prednisone raised.

    Perhaps you need to try something along these lines - tailoring your symptoms to what you think they want to hear. Im not saying make things up though

    Good luck with it
     
  6. lablover

    lablover Registered

    Thanks sjaneo! I will keep that in mind from now on.


    take care
    wendy
    X
     
  7. Jessica1

    Jessica1 Moderator

    Hi Wendy,
    Sorry to hear your news - it makes me so angry that people have such ignorance and are so judgemental based on little knowledge they have! I'll keep everything crossed for you that your new plan of attack has a positive outcome. Never mind apologising for being a downer - I'm not surprised you feel as you do.
    Take care and lots of luck with your appeal,
     
  8. lablover

    lablover Registered

    Thanks, Jess! :)
     
  9. Barb G

    Barb G Registered

    I just experienced the same thing. It's so absurd I don't even feel upset about it, just a little scared since I'm too sick to work (willing to work but no one wants me working for them), have no income, have exhausted all of my personal savings, retirement savings and pension funds, am dependent on food stamps, federal heating assistance and charity medical care, may lose my home to foreclosure, etc. I just sent a request for review to the Appeals Council.

    Something I learned recently that would have helped me immensely 10 years ago that may help me now via the Appeals Council review or in the future via a new application: get evaluated by Vocational Rehabilitation. I guess the SSA will take Voc Rehab's findings into consideration and will often base their decision on Voc Rehab's findings. I was found "Significantly Disabled" by Voc Rehab last month. This information was sent with my request for review to the SSA Appeals Council.

    Also, check out SSA's Compassionate Allowances web page and view the hearings held March 2011 re: autoimmune diseases at
    http://www.ssa.gov/compassionateallowances/

    I recommend citing this hearing in your appeal because this information doesn't trickle down quickly which they actually discuss in the hearing at some point. Autoimmune diseases are being considered for compassionate allowances.

    Best of luck.

    Barb
     

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