do they even read the info provided?!?!

[Kris10nsc]

 

I got denied at ALJ level in October 2013 after applying in August 2011. Now I have no work credits left, since they expired in March 2013. Since then, I've been diagnosed with spina bifida (from birth but they missed it until 2014), endometriosis (diagnosed in 2014, but effecting me since 2000) sciatica (diagnosed in 2014, but effecting me since before 2011) and stage 4 kidney disease (almost renal failure, got diagnosed with stage 3 in 2011). So I applied for SSDI disability again 2 weeks ago and got my denial letter today due to "no new evidence." I clearly stated in all of my initial paperwork that I have all new diagnoses that were all keeping me from working since before 2011 but were diagnosed after 2013. Isn't that the law? Are they just not reading or doing their research?! How could they collect all new medical evidence and look through years of disability paperwork in less than two weeks?

I also have arthritis, bipolar, migraines, kidney disease, degenerative discs, hypothyroidism, agoraphobia, insomnia, edema, chronic fatigue, inflammation, depression, renal stenosis, endometriosis, muscle knots, borderline personality disorder, restless leg syndrome...

[Just Me]

It isn't a diagnosis, it is the medical and Mon medical evidence that proves you can't perform SGA doing jobs in the national economy. Once you're on dialysis you should be approved.

[Shortie]

Stage 4 renal failure can qualify you dependent upon your lab values a nd other issues that may be affecting you due to your kidney disease. 

Do you have edema.  Do you have congestive heart failure?  I was at stage 3 a year ago and am now teetering on the cliff between stage 4 - 5.  Sometimes lab work speaks much louder than the words the doctor writes.  I know this is true because my doctor would not send any paper work to Social Security, so they based my decision solely on records from my hospitalizations.

Best of luck to you.  Ensure that your lab work is in your file.  You don't have to be on dialysis to get on SSDI, but you do have to be compromised so that you can not perform SGA.

[Kris10nsc]

During my court hearing in 2013, the vocational expert clearly stated to the judge that he believed I was 100% unable to obtain and hold a job down.

Right now, social security believes I am disabled but my work credits are expired so they said they need proof of medical evidence going back from before 2014. I really think social security is screwing me over because I keep fighting them but they refuse to look into my case. I'm in a ton of pain every single day. There's no way they're looking at this evidence or collecting the medical records I'm trying to send them from the last 2 years.

I don't qualify for SSI.

[Just Me]

Your medical records must prove that your impairments were severe enough to prevent you from performing SGA doing jobs in the national economy before your date last insured in order for you to be approved for SSDI. It takes more than a diagnosis. If the medical evidence was there why didn't your attorney appeal the ALJ denial?

[Kris10nsc]

My doctors and specialists have all deemed me disabled. They put me out of work, wrote letters, gave me a permanent handicapped tags. We did file appeals. None of what is going on with my case makes sense to me or any lawyers I've spoken to. I'm so angry and upset.

I wrote letters to the White House, senators, my governor. I have no idea why SS won't look into my documents properly.  I've been fighting nonstop for over 4 years. I'm exhausted.

[Just Me]

Contacting politicians wont do any good because there is nothing they can do to get someone approved. A Dr saying someone is disabled doesn't mean anything because they don't know the criteria for disability. Your medical records don't have the needed info prior to the current Established Onset Date. Are you sure they received all of your medical records?  Did you can the ALJ's office and verify that had been received?  Have you read all of your medical records?

[Kris10nsc]

I don't know what they received this last time because it took them less than 2 weeks to deny me.

But the judge got everything and just treated me like crap for no reason, even when the VE said I was unable to work.

As for me contacting politicians and getting my doctors to write letters, I did EVERYTHING possible to get disability because they are completely screwing me over. I'm 31 years old, have been sick my entire life and can't even financially take care of my child because of my illnesses. So yes, I did do everything in my power to get disability, whether it would make a difference or not.

[Just Me]

Did the VE say you were unable to do previous work as well as All of the hypotheticals the ALJ gave them?  The ALJ doesn't have to use any of the hypotheticals.

[Different Perspective]

Back to basics and some harsh realities:

"I got denied at ALJ level in October 2013... So I applied for SSDI disability again 2 weeks ago and got my denial letter today due to 'no new evidence.'"  Original Post this thread.

The applicant's Social Security Disability Insurance policy expired, or lapsed, March 31, 2013.  (This is called the Date Last Insured.)  The decision from the ALJ occurred October ??, 2013, or after the insurance policy expired (DLI).  A new application for SSDI must, by law, set the new Alleged Onset Date no earlier than the day after the date of the ALJ decision.  Any application for SSDI with an AOD after the insurance policy expired (March 31, 2013) will be rejected (denied) without reviewing the medical evidence.  Period, end of story - case closed.

What the Vocational Expert did/did not say in the Hearing does not matter.  The ALJ ruled that the applicant's condition did not meet the requirements of the SSA definition of disability and denied the application.  That decision was not appealed and stands.

The applicant had the right to appeal the ALJ decision all the way to the US Supreme Court.  Had the case been appealed, it is possible that case would still be an open case in litigation.  The new diagnoses and how these conditions affected function at the time of the original AOD through the DLY, could have been introduced during the extended appeal process.  Since that did not happen, the original case is closed, water under the bridge, and cannot be reopened with a new application.  

The quick denial can be explained by the fact that the application was, as the writer suggests, denied without a medical review.   There would be no reason for SSA to medically review the case because the applicant was not insured for SSDI benefits as of the new, legally defined, AOD and could not receive benefits even if found medically disabled.    

Since the applicant does not qualify for Supplemental Security Income payments (Reply #3), there is no case to be pursued.

Harsh, yes - but the law is the law.

[Lit Love]

My doctors and specialists have all deemed me disabled. They put me out of work, wrote letters, gave me a permanent handicapped tags. We did file appeals. None of what is going on with my case makes sense to me or any lawyers I've spoken to. I'm so angry and upset.

I wrote letters to the White House, senators, my governor. I have no idea why SS won't look into my documents properly.  I've been fighting nonstop for over 4 years. I'm exhausted.

Did you ever hire an attorney at any point in the process? You say you talked toseveral but you never say if you ever hired one.

Did you ever file an appeal after your ALJ hearing in 2013?

You seem to understand your work credits expired a few years ago, so I'm confused why you'd be attempting to reapply now?

DP has the right of it.  Usually he gives a longer explanation of the VE process. 

Understanding the VE process (or any other issues) won't make a difference at this point, other than perhaps making you feel a little better.  The ALJ asks the VE hypothetical questions about a hypothetical worker with hypothetical restrictions.  Then after the hearing, the ALJ determines what your restrictions are and sets a RFC rating.  S/he then uses the VE's testimony to determine if the applicant can perform prior work or any work. 

Applicants rarely understand how VE testimony works, and even those with attorneys don't seem to have it explained.  It's not until you get a copy of your your hearing on CD or a transcript and really listen to the language that it becomes apparent. 

Thankfully you're not in a financial position where you are destitute, since you don't qualify for SSI.

[Kris10nsc]

Time to give up, then and just die because I can't pay for my medical bills anymore. And "not living in destitute" because I don't qualify for SSI because my husband makes $2,000 more a year than they say he should. We had to file for bankruptcy last year because of medical bills and we were putting groceries on credit cards so we could eat. Yup, we are living the good life.

You guys may not understand why I keep fighting, it is out of desperation. I don't understand why I was denied. When I can barely get out of bed each day. When I take more pills at 31 than my 94 year old grandmother.

So thanks for all of your "cold hard truth" help.

Bye.

[Lit Love]

If you won't answer if you ever hired an attorney or if you ever filed an appeal, then...  (You did say above you filed "appeals", so what happened?  Appeals (plural) would mean you received a remand and another ALJ hearing.  Did you file a federal court case?  Is ANY of this still active or did you not respond in a timely manner at some point?  If so, when?)

SSI is essentially welfare for people that are disabled and don't have enough work credits for SSDI.  If your husband makes too much money, then there's really nothing that can be done.  Don't shoot the messengers.

Medicaid is a different program.  Different states have different rules.  Have you checked insurance programs available in your state recently? (Many posters have reported they've been able to pick up policies that are quite good for $50 per month.)  There are also sliding scale clinics, which can sometimes even be free.  You can see if you qualify for free or discounted prescriptions.  You may need to explore getting groceries from food banks or community gardens.

Being disabled isn't easy for ANY of us.  Losing a home, ruining one's credit, needing extensive help from friends and family (which may mean living in someone's spare bedroom or even living room rent free), are pretty common place for us.  And the least fortunate are homeless--living out of a car, or in a shelter, or god forbid on the street.

[Just Me]

We understand your desperation, but we also understand the process.  It is possible for someone to barely be able to.get out of bed or function and be denied because their medical records don't have the needed info.

[Hudgins17]

Time to give up, then and just die because I can't pay for my medical bills anymore. And "not living in destitute" because I don't qualify for SSI because my husband makes $2,000 more a year than they say he should. We had to file for bankruptcy last year because of medical bills and we were putting groceries on credit cards so we could eat. Yup, we are living the good life.

You guys may not understand why I keep fighting, it is out of desperation. I don't understand why I was denied. When I can barely get out of bed each day. When I take more pills at 31 than my 94 year old grandmother.

So thanks for all of your "cold hard truth" help.

Bye.

I understand your frustration.  If it helps, many of us who have been approved still have medical bills we cannot pay.  Not being able to pay medical bills is no reason to give up and die.  It's simply a bill that cannot be paid.  Your credit will suffer.  You will have difficulty getting a loan.  But all of this will already be in place since you filed bankruptcy.

You got denied because at the time that you went before the ALJ, you did not meet the criteria that the SSA has set for approving someone for disability.  The ALJ didn't feel that your condition kept you from earning SGA.  While you may be in worse shape now, your SSDI credits have expired and you don't qualify for SSI, so there is nothing you can do.

We do understand why you keep fighting, but you are being given the "cold hard truth" because the truth is what it is.  There is no reason to expend energy and time on fighting something that cannot be won. 

Best to you