Chronic Fatigue Syndrome Support Group
Chronic Fatigue Syndrome (ME/CFS) describes a sense of exhaustion and post-exertion malaise, even when you have gotten enough rest and sleep. The disease is characterized by six months of incapacitating fatigue experienced as profound exhaustion and extremely poor stamina, and problems with concentration and short-term memory. The cause is unknown, but it is a...
I know it's different from state to state but it can't be that different. Does Allsup live in Georgia too?
I'm confused.
I Filed 6/03/10
Denial Letter #1 12/22/10
60 Day Appeal Deadline 2/22/11 (deadline for application)
Denial for appeal #2 1/28/11
Denied weeks before the deadline.
Allsup is taking them on, now it is part 3, the hearing process. They think I would have been summarily denied anyway. I want the judge to know what happened. This will be presented as part of my case. Hope this helps alleviate confusion.
Despite challenges, I am doing my part, this is a very serious matter to me.
Take care, hang in there!
Now I must start all over. :( You know, they want you to have such organized records, exceptional documentation, and on and on. If I could keep such intricate records, I'd be WORKING. In fact, I know of 2 people personally, who when they went to the hearing, and had all their binders in front of the judge, with highlighted stuff, indexed and organized stuff....they were told if they could keep such great documentation, that they could be a secretary. DENIED. These are two people I am close friends with, known them for years, since I was a little girl. What a crock. It seems like you're darned if you do, and darned if you don't with SSDI.
I hope and pray that your ALJ hearing goes well and you are quickly approved. I am hoping this second go round is better. However, I haven't even had the heart to file again. I am so down and out, depressed, and miserable. I don't have the energy to do so, although I really should be because I am broker than broke. Sigh.
I can't get over that if you are organized that counts against you. If you aren't organized, you're screwed. I just sent in the forms and they denied my first claim. I'll have to go through my file to see where the forms were sent.
I'm so sorry you went through three years of this and came up empty. You might contact your representative or senator. They can help you. And that's what they are there for. It's worth a try. God bless you all.
I feel a bit guilty for having such an easy time.
These letters helped me gain a favorable decision from SSDI.
I got my SSD in ten months! I believe I've told you or someone else on the boards that Binder and Binder handled my case. They did all the paperwork for me, as I was simply not able!!! They totally understood that. We did it over the phone! I was approved with a diagnoses of CFS only! There was no denial. The World Health Organization and the CDC both recognized CFS as it's own illness, with it's own ICD9 code (your lawyer will know what this is)....and you should be able to get your SSD. Took me ten months, no denial!!
I do know that the first time, most people are denied. Both my husband and my daughter are on SSD and both were denied the first time. Perhaps because I am older and worked longer, I got on the first time.
I don't know about Allsup, but I'll be praying that their presentation will be sufficient to get you on. You do get to go before the judge yourself, right?
PM me if you need to ask any questions as to what my procedure was. I do know that you need your primary care doctor to write a letter saying that you are unable to work for at least one year. That's the fist thing they told me to do. I did. I'm on!!
They WILL lose everything! They WILL screw up everything! Expect it! But your lawyer knows this too.
So all YOU have to concentrate on doing is:
1) Get the evidence. You have time. The average time to wait for a hearing is, unfortunately, a year or more. So see the right doctors. And remember that this is a legal case now, not a medical case. So even if your treating doctors are the best doctors, if you ask and find out that they are not willing to be bothered answering interrogatories from your lawyer or making written reports about your LIMITATIONS when it comes to working, then you need to switch to "treating" doctors who are willing to do all that, so as to complete the record. The record is what the judge will base his/her opinion on.
2) Tell your lawyer immediately if you receive ANY communications directly from Social Security. You are represented, so it is IMPROPER for them to correspond with anyone except the lawyer!!
Believe it or not, they sent my notice of hearing to me, and NOT to my lawyer. And they gave me one week's notice, which is against the rule requiring at least 20 days' notice.
Since I am a lawyer myself, I knew that was improper, so I left and URGENT message for my lawyer and she immediately called the judge's office and they got the hearing continued long enough for her to file our evidence.
They also sent me the CD of the evidence to be presented! Also, highly improper. I had to send it on to my lawyer.
Then, even though my lawyer had a receipt that she put all of my reports into evidence, of course, the judge had never seen the reports and they had NOT been entered into evidence.
But my lawyer was prepared. She had hard copies with her, and they had to enter them into evidence at the hearing.
CONCLUSION: THERE are only 2 things you have to concentrate on! Telling the right doctors how you feel, AND immediately telling your lawyer if you receive anything at all from Social Security.
Leave the rest to your lawyer.
Under NO CIRCUMSTANCES should you contact Social Security directly, either the local office or the national phone #.
Good luck.
PM me if I can answer any questions for you. I am not a disability attorney, but used to work in administrative law so I understand govt. agency legal proceedings and hearings. Plus, I am on SSDI, so I understand this evil process! I was a wreck while I was going through it. That's to be expected.
I applied last May. The submittal included all the medical, physical capacities, and neuropsych evaluations, doctors statements & interviews, plus a pile of medical records which was used for my appeal for my private disability insurance claim. I was still denied (twice) and was waiting for a court date.
My private disability insurance claim was accepted in January and I just received acceptance from SSA. I'm certain the insurance company was involved with the SSA approval since they deduct SSA from their payout. From all I've heard, it's rare to receive approval until you go to court.
Wolfgang's advice is spot on - you need cooperative health care providers and the paper trail verifying your condition.
Take care and stay positive.
Right now I feel like less than crud, I am the stuff that clings to crud. Hello flare....
For everyone who wrote with ideas, support, shared what they have been through, what they are going through....a huge hug of thanks to each one of you!
When I feel better, less foggy and groggy, I will pm those who have so kindly offered, when I feel a little better! This is hard, this is confusing, it's a lot to learn and navigate.
I was able to apply and receive a loan modification which feels like a modern day miracle. I feel like God not only protects children and fools, he helps us too! (not that I'm not a childish fool at times, ha ha!) Always looking for levity in all of this!
Take care and just THANK YOU...your support will propel me to do what needs to be done from this point forward. I have to make the appointment with the neurologist, that is the next step. I have to get the anecdotal letters and/or whatever is necessary. I will not call SSA anymore, I give it to the Allsup Team to do their job. I will make inquiries about the lawyer they will assign. I can, I will, I must....despite the illness, despite the roadblocks. And yes, I continue to pray...