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marchantia
Nov 5, 2009

WHAT IS THIS

Aishlinn posted:

I'll try to condense down the details into something readable. I've been fighting to get on disability for nearly a year now. the social security office takes for-ev-er to even look at your claim. after that near-year, they schedule you to see THEIR doctor. In my case, the doctor gave me the checkup, agreed "Yes, you have fibromyalgia and CPS (chronic pain syndrome)", and sent me on my way. Then bam, claim denied. Apparently something like 65-80% of claims are just flat out denied. my representative from social security said that i could get a lawyer to appeal the claim. I've called several lawyers and they wont even bother with my case. i can try to appeal the case without a lawyer but it feels like even that's going to be a waste of time. the pain i'm in constantly is near on unbearable, i can't even sit for longer than half an hour at a stretch without needing to lie down. walking is difficult, and standing is out of the question. the lawyer's aide said that i'd need to go see a specialist for treatment, which i'll look into i guess, hopefully there's one that medicare will fully pay for without needing a co-pay because i'm entirely broke at this point. tried to start a gofundme for expenses to get me by until i can get everything sorted out, but that's going to be tough too. I'm just at the end of my rope here, it's really an unpleasant situation all around. i hate asking for help, but i really don't know what else to do at this point, so if anyone has any pointers, i'll take any advice i can get.

I used to work for SSA doing this sort of stuff so here is an info dump but please know I don't agree with the way things are done and I think it sucks big time. This is not advice and I don't work there anymore so I don't know anything, yadda yadda.

Assuming you are applying for SSI or SSDI there are a specific set of severity requirements you have to meet in order to be allowed. If you are interested in some of the nitty gritty of how this is decided, here is a quick explainer. Your first application is considered your initial claim, and the denial letter will give you information on how to appeal. The first appeal (second application) is called a reconsideration. This is essentially just another examiner and doctor looking at your case and making sure that there were no technical mistakes made or information missing on the initial claim. After you get a decision on reconsideration (assuming this is also a denial), this moves to third step where you can appeal to what is called an ALJ or administrative law judge. This is the step where a lot of people denied on initial might be allowed because the legal guidelines are a little looser than the first two steps. It's also the first step that really finds a benefit to having a lawyer.

If they sent you for a CE or consultative examination, that means they didn't have sufficient evidence from doctors you have seen on your conditions (or it's been a while since you've been seen). Especially with chronic pain/fibro you really are going to have a hard time proving sufficient severity if you don't have a record of being seen regularly in a pain clinic. If you have insurance or the means to establish regular care with a specialist for your condition, consider doing that. Additionally, especially if you are under 50, establishing treatment for any mental health conditions you may have might help your case as well because it may potentially rule out past work or other work.

Good luck with your appeals, I'm sorry the system sucks so bad.

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