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Denial letter.. Why?
  1. #1
    mswrld is offline Member
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    Default Denial letter.. Why?

    I was food and beverage manager for Yosemite National Park when I ruptured the first disc, was denied workers comp because they said my injury didn't occur on the job. Hired an attorney and two years later was granted my benifits and finaly able to have surgery. The ex governor of our state passed a law putting a two year cap on workers comp benifits. So my two years was up in June of this year. I applied for social security disability in July after finding out that I can't continue my career in food and beverage managent. This is due to the fact that I have nerve damaged to my bladder and experience incompetence. The urologist wants to place some sort of device in me, it's like a pace maker for the bladder.. Anyway I just received a denial letter for socical security disability today.. I am devistated.. I have three different doctors, my urologist, my pain management dr and my nero surgent, all of who state that I can never return to work in restaurant managment. I don't know what they expect me to do.. I just didn't need this right now.. Has anyone else ever received a denial letter from social security? Would it be worth it to hire an attorney and appeal the decision?

  2. #2
    Denny_D is offline Advanced Member
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    Quote Originally Posted by mswrld View Post
    I was food and beverage manager for Yosemite National Park when I ruptured the first disc, was denied workers comp because they said my injury didn't occur on the job. Hired an attorney and two years later was granted my benifits and finaly able to have surgery. The ex governor of our state passed a law putting a two year cap on workers comp benifits. So my two years was up in June of this year. I applied for social security disability in July after finding out that I can't continue my career in food and beverage managent. This is due to the fact that I have nerve damaged to my bladder and experience incompetence. The urologist wants to place some sort of device in me, it's like a pace maker for the bladder.. Anyway I just received a denial letter for socical security disability today.. I am devistated.. I have three different doctors, my urologist, my pain management dr and my nero surgent, all of who state that I can never return to work in restaurant managment. I don't know what they expect me to do.. I just didn't need this right now.. Has anyone else ever received a denial letter from social security? Would it be worth it to hire an attorney and appeal the decision?

    mswrld .... Sorry to hear the news, but believe it or not, that is very common practice! I am so sorry to have to tell you that and to tell you the rest ok? I am not sure about the laws and directives in your State, but I will tell you what happened to me in Michigan ok? Yes, I am on Disability here and have been since the middle of 2010. It was suggested by my attorney, my doctors, and my Financial Advisor that I apply.

    I first applied for disability in 2003. Yes, it took from the middle of 2003 to the middle of 2010 for me to finally get approved for the disability payments! Just about 7 YEARS!! And I DID have a few different attorney's all the way too. I would apply and then be denied. Apply again, denied again. And kept right on appealing all the time it was offered. Just giving you the facts!

    And I can assure you that I had every reason to be disabled, and had every single piece of medical documentation that was required, and even some that wasn't required. Point is that I had a 6" inch thick medical file on myself that prooved that I belonged on the disability, and still was turned down time after time! It was so frustrating and I completely understand just what you mean, and are talking about!

    I honestly believe it all comes down to pure luck, the right Judge, the very BEST attorney, and of course medical documentation! I would tell you that at least here in Michigan you need to keep appealing every chance that you get to do so. And you certainly need to retain the services of a a very good attorney. Get one like I did that works on a pro-bono basis, and ONLY hears disability cases! If you don't get paid, then neither do they. Most will work on that angle as they get many cases together at the same time, and if one or a couple of people get their money, then they get paid and it's worth the hassle for them to keep working on that pro-bono basis! Like I said, at least here in Michigan that is the case!

    Just because you received your worker's comp from your employer, it isn't the same thing as you are now dealing with your State's requirements, and the Federal Government. With the comp it was your employer's insurance company that paid your claim.

    And one other very important thing. At least in my State, it really helps if you are an "older" person and near the point of receiving your social security anyway! In other words if you are near retirement age it makes much more of a difference if you will receive the disability payments one of the first times you appeal! Not right, but that's the way it really is here.

    Keep filing your appeals and try to find an attorney that ONLY works on disability issues and will also work as a pro-bono fee for you. I wish you the very best as you attempt to obtain your payments. I completely understand just how stressful it is, and can be. But if you believe that you have a good case for disability then never give up until you exhaust all appeals. And save every single piece of paper you can get that has to do with your medical problems. Get ALL of your x-rays and reports from doctors. The attorney will have you do this if they are any kind of good attorney in the first place. Take care and let us know how it turns out for you! Wish I had better news for you as I do know what you are going through right now and you have my sympathy! God Bless....Denny

    p.s. The reason that most people are DENIED the first or second time is that they usually just give up completely and figure that they will never receive those disability payments. If you believe that you are really disabled and can't work, then stick to your guns and get the best attorney that you can find, and keep right on fighting it! Sooner or later you may recieve your benefits if you can proove that you really deserve them ok?! Best wishes and good luck!
    Last edited by ddcmod; 01-14-2012 at 03:05 PM.

  3. #3
    NoMoreLies is offline Member
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    Sadly most people are denied the first time, sometimes the second time. My partner was a paramedic who herniated her L5-S1 lifting a gurnery, that ended her career at 30. The workman's comp company went bankrupt while her case was going through the court system, she finally got about $25K......not much for a career ending injury. It took her 3 years to get her social security disability. Eventually she was able to return to work as a cardiac monitor technician, about 6 years after her injury. In the spring of 2007 she started having an enormous amount of back pain and stopped working in June 2007. We later found out that the level above her old fusion needs to be fused as well. When her short term and long term disability ran out she filed for her social security and this time was awarded it the first time, it only took about 4 months. I think you should hire an attorney, they know the best way to approach this and get you your benefits. Good luck!

  4. #4
    mswrld is offline Member
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    Thanks Denny D and Nomorelies.. I am going to contact an attorney tomorrow morning and perue this..

  5. #5
    lmc8883 is offline Junior Member
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    Quote Originally Posted by mswrld View Post
    Thanks Denny D and Nomorelies.. I am going to contact an attorney tomorrow morning and perue this..
    I just received my denial letter in the mail last week. This is my second time being denied. I immediately hired a attorney. They expect you to give up. Don't. I was told i have every right to claim my money, and i will. Good luck!

  6. #6
    littln123 is offline Member
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    Default Thanks for posting

    I've often wondered why the issue of Social Security disability has not been a big topic of discussion around here. I have been fighting for my benefits for 2 years now and have just been denied again after a hearing before an administrative law judge. My attorney and I are going to appeal again but I'm told that it will take ANOTHER year to get another hearing. I truly believe things are done this way so that most people will just give up and a lot of people do. If you are truly unable to work, as I am, hang in there. Remember, if and when you are approved, they have to pay you for every single month since the day you applied and in many cases this ends up being a substantial amount of money. My sister-in-law got over $12000.00 in "back pay". Get that attorney and get and keep copies of every time you are seen by ANY doctor for ANY reason. Good Luck. Littln123

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