So a while back I lost my job due to health reasons. I was a CDL truck driver and you need to maintain what is called a DOT medical card in order to have a valid CDL license. I went in for a yearly physical and the doctor needed some records from my cardiologist so I had them faxed over. I went back to the clinic we get work physicals at a week later expecting to pick up the medical card and the doctor needed to talk to me. Basically said that the results came back and that I had a heart ejection fraction under the allowable federal limit and that he was revoking my medical card right then and there. Call work, tell them you will not ever be coming back.



So my symptoms had been getting worse and I was required to apply for SSDI. The process took forever and it was denied initally. Then to an ALJ hearing in front of a judge, just found out it was denied. The representative I had was very surprised at the ruling, as was I. I read the 24 page decision and I caught several factual errors in there even though I'm not a lawyer. I spoke to my representative today and she said to appeal the decision but that its going to be another long wait. That on top of no guarantee of a favorable ruling from the appeal council.



So does anyone have any words of wisdom? Thoughts about SSDI? We hear about how its supposedly easy to get but that has been the complete opposite experience that I've had. I mean, the federal government basically took my license to do my job away and then denies me. My condition has been getting worse....I woke up in the middle of the night to go to the bathroom last week and must have stood up too fast and passed out. Just very frustrating.

I fought on behalf of my wife in what was an idiot simple case and finally won.

My strong advice is to get an experienced SSDI trial lawyer and give them the case.. They will give you an honest evaluation and their compensation is limited.

I have talked with several people and it seems to be standard operating procedure for the government to reject your initial claim or three, no matter what the disability.

I went on long-term disability several years ago. The company I worked for had a department that handles LTD and goes to battle on the employee's behalf for SSDI claims. It is in the company's interest to get your SSDI approved so they don't have to pay as much in LTD benefits. It took about 10 months to get approved.

From my experience, I would follow tleddy's advice and get legal counsel.

agree the shortest route is to get the specialist attorney as he knows the steps to go with the dance music the SSDI plays; and unless there has been a change, the long term reality was many with undeniable disabilities took 2 or 3 trips through the process for some unknown reason.

In the end when you win, THEY pay your attorney, and they pay YOU arrears for however long your delay process has taken, going back to the date some physician declared you disabled.

I don't have any advice for you but you have my good thoughts and best wishes, friend.

quote:

Originally posted by signewt:
agree the shortest route is to get the specialist attorney as he knows the steps to go with the dance music the SSDI plays; and unless there has been a change, the long term reality was many with undeniable disabilities took 2 or 3 trips through the process for some unknown reason.

In the end when you win, THEY pay your attorney, and they pay YOU arrears for however long your delay process has taken, going back to the date some physician declared you disabled.

This is exactly what my wife and I went through. It took about 30 months to get benifits approved and the attourney was absolutely critical in winning the case.

Are you aware that if you're over 50 years old you are jot required to retrain?

My wife has been on Social Security disability since around 2000. Prior to that, she was working at a company that had disability insurance.

If social security had not approved her for disability, then her company's disability insurance company would have to pay her 80% of her salary, which of course they would rather not do.

She was first rejected by Social Security for her disability claim. So her company paid for a Social Security disability attorney, and she was finally approved. So now, her disability insurance only has to pay the difference between her monthly social security payment and 80% of her salary.

So, the lesson learned is: Are you on a disability insurance policy through work? If so, file a claim. The insurance company may pay for your Social Security attorney because if they get you approved, Social Security pays the majority of your salary instead of the insurance company.

Social Security Disability is probably the only insurance most people have and is probably the worst possible option. To get SS disability you must basically be disqualified to do any work.

I'm posting this as a wake up call to others. If you don't have a private disability plan, you should strongly consider getting one.

Regards the OP, it sounds like you're now forced to evaluate the folks that are currently helping you and consider a more experienced attorney that handles SS.

I was a paramedic for a good decade. Fractured a vertebra in my back, two fusions later... I can’t do that kind of work anymore. Been turned down twice for disability. They suck. Good luck to you. Get an attorney!

My best to you.

Hire a social security lawyer. This is a complicated dance and you don't know the steps.

Thanks for the well wishes, it is very much appreciated.


So yeah, I had a representative that I was set up with through a third party company to represent me at the ALJ hearing. The ALJ judge came back with an unfavorable decision. I was reading over the opinion and he was splitting hairs and breaking damn near everything against me. He seemed to be making a big deal in variance between what I supposedly told doctors as far as how far I can walk, how many stairs, etc. These doctors reports are over years and when asked I would usually say I dont know and then the doctor would just say to estimate. So 20 mins and 15 mins were on there and he was making it seem as if I was lying. Another thing he did was say that my EF (ejection fraction)number was "nowhere near" the established cutoff of 30% even with the other medical factors present. My EF has been as low as 32%. The last test said 36%. An EF of 55%+ is considered normal. Mine was 32. He's saying that is nowhere near 30. Insane. The doctor in Chicago wanted me to get a pacemaker/defibrillator put in. I'm 36 years old. Somehow, the Judge thought I'm perfectly ok. The 24 page decision is riddled with doctors opinions like "ischemic hewrt disease" and other fancy sounding medicsl descriptions.



Also made several errors in fact that surprised me. He wrote that I didn't ever have a physical stress test, which I did. He said that not doctor told me I couldnt do one, which is what the doctor in TX told me. Then he goes on to say that the Dr in TX recommended that I do a nuke/chemical stress test in the future.....a test that I already had done. The test results of which he had in his hand during the hearing and even referred to when looking for my heart ejection/fraction number. Another thing is he wrote that the occupational specialist, when prompted with a hypothetical about my condition said I could return to work. She didn't. She said "no". First job, No. Second job, No. Third job, hypothetical....No. In the opinion the judge said that she said "yes" to return to a job I had like 12 years ago. I seriously could not believe what I was reading.



I talked to the represntative and the company and they both said to appeal it to the Appeals Council. Problem is...thats a minimum of another 9 months and an even lower chance of anything favorable.

All those flawed responses at the hearing are just better focused points that will help the next time around.

In many cases similar to yours there will be a period of eligibility for other types of disability benefits while churning thru this mound of obstacles.

It seems the process is intended to make the individual want to die, go away or just give it all up. There are a lot of resources out there to help survive financially as well as triumph by coming to understand and use the finer points of the process. Good luck.

Attorney

What would be your ultimate settlement be? What percent of your current salary> 100, 90, 75, 50, 25, 10 percent? What would you expect your income stream to be at retirement? With those questions in mind, have you paid more in or will you be taking more out? Time for a lawyer!

My first real job out of college was working for the State of Ohio deciding Social Security Disability Claims. I was basically the first no or final yes.

First thing to remember is the SSDI is awarded to people who cannot work at any job in the U.S. Economy. It does not matter what you used to do or how much money you used to make. I once declined a case for a Cardiac Surgeon. He was highly educated and could easily be a toll collector...

If you are a high school graduate and have a stable work history, your health has to be terrible to qualify initially.

My best recommendation in your case is to hire a very good lawyer that specializes in SSDI.

With the medical numbers you shared, your condition is enough to warrant the appeal and hopefully you will be triumphant.

A friend is on SSDI. Her mom got her an SSDI lawyer. The lawyer's compensation is set at $6,000 (by law?).

SSDI was granted and included a back-dated sum of two years benefits. The lawyer got her $6,000 automatically from the gov't and my friend got a check for $xx,xxx. The SSDI payment automatically mays Medicare before she gets her deposit.

I have been waiting a couple of years myself.

I have some relatives living in different poor areas of the country. Even though they are in different states they all got approved the first time and personally I don’t think any of them deserved it. I think the claims in small, poor towns get approved much easier than in other areas.

quote:

I had a representative that I was set up with through a third party company to represent me at the ALJ hearing.

You need a lawyer.

Some agencies allow non-lawyers to represent clients before their proceedings, i.e., IRS, SS, INS, etc.

The difference between a representative and a lawyer could be as much as between a teenager backyard mechanic and an ACE-certified. You stand much better chances with the latter.

From your last post, I can assume that critical evidence was left out of the file. That is a big problem. Huge. And you need a lawyer to fix things up.

Did I mention you need a lawyer?

Btw. Warning. There are time limitations during which to appeal. If an appeal is not undertaken in time, the case may be lost forever.