Sudden Reversal Of Federal Disability Decision

By: Wendy Krantz
Topics: Investigative Update

Here's an update on Armen Keteyian's investigation on the failures of social security disability. Scott Watson, who fractured his spinal cord after a failed back surgery, appeared in our story on Monday, January 14. He was turned down TWICE for federal disability, and has been waiting nearly a year. Now we've learned just days after our story aired, he's been approved. He was told our story DID NOT influence the reversal.

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by advocate101 January 21, 2008 1:00 PM EST: The housing laws and ADA are a bit different in the regulations and standards. I understand that it is possible under certain situations. Call the local state housing authority or find out the terms of the lease etc to see if an extra security deposit is required in case of pet accidents etc. The DMS4 was updated so citing it may not be helpful to your case. ICD9 is a diagnostic code not a guideline. The regulations for social security can be found at the website or in the Code of Federal Regulations. It does not however address the issue of allowing pets in condos but the requirements for meeting the requirements for disability as defined under their regulations. Check with legal services in your area. They are usually good at ADA and housing issues.; Reply to this comment


by maidawg January 21, 2008 3:05 AM EST: There are a lot of people who ought to be able to qualify for emotional disability under SSA guidelines, especially in these post 9/11 stressful times.

We get requests at Citizens for Pets in Condos for help from people who have extreme anxiety or depression and need an assistive animal to help them get through the day. They have letters from doctors attesting that an emotional support animal is recommended, but condo boards fight them tooth and nail. Those people who the money to fight lengthy legal battles tend to win the right to have emotional support animals. The law is tricky - not all in one place. (I am speaking not as an attorney, but as a lay person who has researched this topic trying to help people and have found wonderful disability law resources on the web, especially the Bazelon Center for Mental Health Law.) What I have learned is that the Americans with Disabilities Act defines emotional/mental disabilities as well as physical disabilities. Both federal and state fair housing laws say that reasonable accomodations should be made for the disabled.

What about the poor souls who are fighting (for years sometimes) to get the blessing of the Social Security to say they are disabled? Anyone who is being treated for emotional illness under DSM4 or ICD9 guidelines should qualify for an ESA. What about people who are having a hard time functioning, but who are not quite over the bureaucratic line of being certifiably unable to cope?; Reply to this comment


by maidawg January 21, 2008 3:04 AM EST: There are a lot of people who ought to be able to qualify for emotional disability under SSA guidelines, especially in these post 9/11 stressful times.

We get requests at Citizens for Pets in Condos for help from people who have extreme anxiety or depression and need an assistive animal to help them get through the day. They have letters from doctors attesting that an emotional support animal is recommended, but condo boards fight them tooth and nail. Those people who the money to fight lengthy legal battles tend to win the right to have emotional support animals. The law is tricky - not all in one place. (I am speaking not as an attorney, but as a lay person who has researched this topic trying to help people and have found wonderful disability law resources on the web, especially the Bazelon Center for Mental Health Law.) What I have learned is that the Americans with Disabilities Act defines emotional/mental disabilities as well as physical disabilities. Both federal and state fair housing laws say that reasonable accomodations should be made for the disabled.

What about the poor souls who are fighting (for years sometimes) to get the blessing of the Social Security to say they are disabled? Anyone who is being treated for emotional illness under DSM4 or ICD9 guidelines should qualify for an ESA. What about people who are having a hard time functioning, but who are not quite over the bureaucratic line of being certifiably unable to cope?; Reply to this comment


by advocate101 January 21, 2008 12:11 AM EST: Soon the comments will be closed to this story. Please - CALL YOUR ELECTED REPRESENTATIVES OR WRITE them AT WWW.HOUSE.GOV. WRITE YORU REP SECTION. ASK THEM TO CALL FOR PUBLIC HEARINGS. The underlying problem I think rests with those advising the President on how to curb the entitlements and he is being poorly advised. This matter though relevant to SSA budget concerns, should have never been allowed into the adjudication of claims. www.house.gov
Write them today.; Reply to this comment


by advocate101 January 20, 2008 7:54 PM EST: greatjubee- look at www.ssa.gov to find the listing of medical impairments and the SSA Rulings on VE''s testimony and the regulations about what are considered accepted medical providers;nurse practitioners are not if that is who is reviewing the record and offering the opinion. Do not give up keep appealing the decision. We just had one reversed - back to 1994!! Look in your federal circuit decisions, SSA case law under the SSA rulings and the Federal regulations. The vocational issue is whether you will be able to engage in gainful activity and if, with the limitations you have, you could engage in sustained work. If he work productivity is eroded by 20% or more then you are not competitively employable by SSA standards but I do not know the particulars. Hire a VE to do a forensic eval of the medical records and write you a full opinion on the vocational issues and offer it into evidence maybe. As far as your Congressional Reps.,have them ask around the Congressional members. I think someone one filed a request for hearings or so says the advocate community. Better still, have your representative join others in asking Ways an Means and the SSA subcommittee for public hearings. Write your rep from the House website immediately. www.house.gov. As far as those who think of all the reasons to justify denials,read the regulations. Remember most who are applying PAID INTO THE SYSTEM. If they meet the listing it should not be a tug of war. Hope you never have to have the experience.; Reply to this comment


by greatjubee January 20, 2008 5:19 PM EST: Then there are those of us who refuse to take very addictive pain killers and accept our limitations and live within our restrictions, who get denied by ALJ''s because it must not be that bad if we refuse to take these medications.
The sad thing about most of what the workers who review these claims he have said is, They have been given the right to decide how we should live our lives. They determine if you are disabled not your medical Dr. Grant it there are Dr. who have very little ethics and will make statements that do not fit the facts of a persons true condition, but when you claim has 3 or 4 Dr.s reports from different fields none of that matters they have the Government given right to play GOD in you case.
There are alot of us who are educated and through no fault over our own, get disabled and just are seeking help to get the medical treatment we need and move on to return to the work force and be productive once again within our limitations after our recovery.; Reply to this comment


by greatjubee January 20, 2008 4:47 PM EST: advocate101 I have several questions for you. How is it that a nurse can read several medical reports written by Doctors, that clearly state the only repair current medical tests reviealed damage to 2 lower disc''s, yet when you appeal comes She the NURSE has determined that the problem dosen''t look that bad. DENIED.
Congressmen Hall and I have had serveral face to face conversations about my case and when I he is in Grayson County Texas I have made it a point to visit with him and make him aware of the fact my case is still not settled.
Even our Congressmen get appaled at the fact that they are truly at a loss to help us out, of a system designed to denine the deserving the help the need.; Reply to this comment


by pioneers79 January 20, 2008 11:03 AM EST: I work as a claims representative for Social Security and was not surprised that Keteyian''s story focused only on a very few claimants whose cases are, on the surface, slam dunks. It''s too bad he didn''t interview some of the people who apply because their knee hurts, or because they are obese after years of poor diet and lack of exercise, or who have smoked themselves nearly to death. I can assure you that the majority of the people we see are there because they put themselves there. These are the people who clog the system and make other, more deserving claimants wait for decisions. Maybe your story should have focused on these people and how everyone should take personal responsibility for their own health. But wait, that wouldn''t make the government look bad, would it? One thing''s for sure, if a Democrat is elected this fall and CBS revisits this story in 2009, everything will be much better.; Reply to this comment


by faithgirl4hi January 20, 2008 3:55 AM EST: I too, have been fighting for Social Security Disability, for at least 7 YEARS now, getting ready for my FOURTH hearing (the SECOND time REMANDED down from Fed Court). This entire process has made me even SICKER....when I get denied, they leave out at least HALF of my ailments...(imagine that?)....I am on medicaid and don''t have great health insurance, I have to fight for that, too!!! I was homeless at one point....I am surprised I am not dead yet....I broke my back 15 years ago and my spine has deteriorated and I have chronic 24/7 pain......I have other health issues on top of this, that I have to deal with 24/7, I could go on and on with my horror story, but I could take pages and pages....they treat us like a criminal, I''m sad to say....I was working before I even got out of High School. I am in chronic pain now, it never ends.

They told me I am angry now, well duh, yes I am!!!!!; Reply to this comment


by mizzc1 January 19, 2008 10:33 PM EST: No one ever expects to become permanently disabled. When it happened to me the SSA system was a horror. I actually used to work for a State Medicaid Office and part of my responsibility was to review SSD denials. I sat at my desk in tears reading case file after case file of denials. All but a few said that either the person wasn''t disabled enough, the person could do other work, or that the person''s condition wasn''t permanent. (Ex. End-stage renal failures, terminal cancers, permanent vegetative state.) Guess what? The people had already died from their medical conditions and had no one to continue the appeals.
I fought for almost 3 years to get approved and almost became homeless. The last thing any one needs when they are ill, is the stress of going thru this process. The guy interviewed by Congress is lying. I guess the SSA goes by the don''t ask, don''t tell policy.; Reply to this comment