Comments on: Disabled And Waiting

CBS News Investigation: Backlog In Disability Benefits System Leaves Thousands Of Vulnerable Americans Stranded

[raggedyanie]

Another thing LissieP, almost every single lawyer that works for people that file for disabilty, works on a contingency plan. That means they only get paid if we get paid. Maybe you didn''t know that not being as educated as we are in this department of being so whiney.

We also hire them on account they know the system much better than we do & how to work with SS. Maybe we just might get an ounce chance of winning our case. If not we have not lost any money thru them since they work on a contingency basis.

The only money we have lost is waiting 3 years for SS waiting and waiting.

Plus our savings our house and some have lost their lives...but what do you care

You say you don''t need to see us physically...maybe you should....it just might bring your pretty little brain & eyes to reality. Are you that callus woman?

But All we do is whine.

[ctpl]

PART 1: In 2005,I was fired by my employer while out on short term sick leave with Pericarditis and Encephalitis.I received notice that I was fired;2 days later received a revocation letter from short term disability. A clinical clerk from my employer''s short term disability staff, determined that my MD''s including cardiologists,diagnoses were incorrect;the clerk''s diagnosis of Malaise was accurateMy appeal was denied by my employer whoSelf Insures.My insurance was revoked including long and short term disab policies which I had paid for, as well as medical and drug coverage.It took over 2 months for employer cobra to be instated leaving me without MDs and meds,I received a bill for$1,511. for 3 months Cobra incl the 2 monthsI was denied benefits..I was denied:.Unemployment since I was too sick to work[need to be ABLED BODIED to collect]SSD twice and only recently received approvalCobra ended last March07.Due to cobra denials,my cardiac catheter had to be surgically removed.In April07, after cobra ended, I received a letter apologizing for a Cobra clerical errors medication for the cardiac catheter&apologized for any inconvenienceMedicare began in Dec but have yet to receive my card. Supplemental insurances not covered by Medicare will cost approx $230.; I have exhausted my savings and could not find a buyer for

[jginsberg1]

I am a disability lawyer in Atlanta, GA (theSSlawyer.com). Delays here in Atlanta are approaching 3 years. The question I get - "how do I survive while I am waiting" - has no answer. SSA is now scheduling hearings with out of state judges by videoconference, which raises its own problems.

[dulcinea8]

Kricket23,
I second that...if I only had as many legitimate claims from suffering people in pain as I see of those who allege ''memory loss'' (but also using heroin, which may affect one''s memory I would think) & ''hypertension'' (how many out there have this condition & deal with it on a daily basis?)....then the backlog would be cut drastically. & we''d be able to address real issues that are mentioned on this board.

[dulcinea8]

What really should happen is that more ALJs need to be hired.

But that would require funding. hmmmm....whom should we point the finger to, now?

[ssadqb]

DDSSSA-

If the opinion is backed by the objective data, meaning the TS opinion is not just a reiteration of the claimant''s statement, or "the claimant states..." , then that opinion must be considered and given weight.
Unless there is contrary evidence to indicate the TS opinion of less than sed is not appropriate I don''t see how the claim can be returned.

If a less than sedentary RFC AND a sedentary RFC are both reasonably supported by the evidence and the DDS gives a sedentary, it would be substitution of judgement for DQB to return the claim. Now equals a listing is something different. Stay away from that as it''s too defined.

I don''t know what region you are in or if you have RPC. But, if you are getting returns for these you need to send them to RPC. It sounds like SOJ to me.

Remember, xrays and lab findings alone don''t provide functional data. Where as statements from the claimant and TS do, within reason.

[ddsssa]

SSA/DQB,

I think you are misunderstanding what I am trying to say.

Take the 3 items you mention that the ALJ''s take into greater consideration credibility, opinion evidence and fatigue and pain.

Ok say we have a fellow who has bulging discs back pain but w/o atrophy or loss of sensation and a history of a broken ankle with post traumatic arthritis that leaves him with a limp. OK then say he reports severe pain on ambulation and it is supported by the opinion of his physician.

So say we try to equal that guy or reduce him to less than sedentary for a med voc. That case if pulled by QA/DQB is going to come back saying the evidence does not support that reduction based on what the objective medical evidence says and that he can do light work.

Yet I have seen numerous cases allowed by ALJ''s using pain and fatigue or opinion evidence where the objective medical evidence would not have passed QA/DQB muster.

So while theoretically they are using the same guidelines the ALJ''s have more leeway. If the DDS''s had the same leeway the hearing level would not be so backed up

[jupiter68]

%u201C%u2026also, to those quick to judge us at SSA as being heartless ***, realize that you%u2019re attacking the messenger.%u201D
Posted by dulcinea8 at 01:14 PM : Jan 15, 2008

Ok, I%u2019m truly not trying to start trouble here, but dulcinea8 could you please forgive my ignorance and explain what you mean by your comment above%u2026

And while I%u2019m at it%u2026you might be interested in knowing, LissieP, that the information which I collected from locating and searching through the Federal Register and POMS entries for several weeks myself was key to bringing my (note the word %u201CMY%u201D %u2013 no BLANKET here) mishandled SSDI claim to the attention of my SSA Regional Office which has been involved since July 2007. It appears that the 11 SSA employees involved with my SSDI claim hadn%u2019t looked into the regulations that I mentioned in my contact with the RO, let alone implement them. I feel that I was forced to do the SSA%u2019s job for much of my casework. So, in theory, I accept your challenge, LissieP.

[slim1h2o]

Posted by LissieP at 01:55 PM : Jan 15, 2008

Nice attitude, there missy!

Another "Guvermint" employee, thats knows more than we(the taxpayer thats footin the bill) do! People like you should get out of job you''re in, and let somebody with compassion in

[raggedyanie]

LissieP I cannot wait till your own system stabs you in your back. You are the one that has no clue.

Be put in our shoes for 1 minute I ask you. You will regret your words. Whether we have a lawyer or not, believe you me some of the judges are very incompetent.

I hope sense you made such a judegment call on us without truly knowing our cases, that if something should ever happen to you that your experience is as pleasent as ours.