Disability

Saphire

(2,437 posts) Thu Oct 29, 2015, 10:58 AM Oct 2015

they denied my hubbys claim. I'm so

depressed I'm in tears. I've been working 2 jobs just to make ends meet. My hubby has a permanent trach tube, disintegrating larynx and depression/anxiety issues, but they think he can work???

This is messed up. I'm lost.

12 replies

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Highlight:

they denied my hubbys claim. I'm so (Original Post) Saphire Oct 2015 OP

Appeal and get a disability lawyer Teagan Oct 2015 #1

........ daleanime Oct 2015 #2

You pay lawyer a certain percent - ONLY if you win. So, you can't lose by patricia92243 Oct 2015 #3

I agree you need to get a lawyer, asap. madamvlb Oct 2015 #4

Quacker's excellent OP should help you with the process Teagan Oct 2015 #5

Denials are common. procon Oct 2015 #6

Yes if you don't have a good lawyer it's tough AndreaCG Oct 2015 #7

File the appeal and then get a lawyer happyslug Nov 2015 #8

thank you, everyone, for your advise. much appreciated. Saphire Nov 2015 #9

Please let us know how this turns out. thucythucy Dec 2015 #12

Message auto-removed Name removed Nov 2015 #10

What stage of the claim are you in? If you're at the reconsideration stage mackerel Nov 2015 #11

Teagan

(62 posts)

1. Appeal and get a disability lawyer

Reply to Saphire (Original post)

Thu Oct 29, 2015, 11:01 AM

Oct 2015

They always (most of the time) deny initial claims. Lawyer up, and most disability lawyers will get it for your husband.

daleanime

(17,796 posts)

2. ........

Reply to Saphire (Original post)

Thu Oct 29, 2015, 11:05 AM

Oct 2015

patricia92243

(12,827 posts)

3. You pay lawyer a certain percent - ONLY if you win. So, you can't lose by

Reply to Saphire (Original post)

Thu Oct 29, 2015, 11:08 AM

Oct 2015

getting one.

madamvlb

(495 posts)

4. I agree you need to get a lawyer, asap.

Reply to Saphire (Original post)

Thu Oct 29, 2015, 11:17 AM

Oct 2015

You need to take a deep breath and get some support. Caregiver support is critical for your sanity. Taking care of your hubby, working two jobs is sure to cause some major depression. Please make sure to seek some time/help for yourself. I know it's hard, most of us have been there. Please stay strong.

Teagan

(62 posts)

5. Quacker's excellent OP should help you with the process

Reply to Saphire (Original post)

Thu Oct 29, 2015, 11:21 AM

Oct 2015

http://www.democraticunderground.com/1141572

procon

(15,805 posts)

6. Denials are common.

Reply to Saphire (Original post)

Thu Oct 29, 2015, 11:34 AM

Oct 2015

Get a lawyer and let him fight for you so you can take care of your DH, and yourself, too.

AndreaCG

(2,331 posts)

7. Yes if you don't have a good lawyer it's tough

Reply to Saphire (Original post)

Thu Oct 29, 2015, 04:05 PM

Oct 2015

I got it on my first application but probably in large part because the application was written by a medical student while I was on the psych ward this spring. Also a good lawyer. If you're in the NYC/LI area I'll be happy to give you the lawyer's name.

happyslug

(14,779 posts)

8. File the appeal and then get a lawyer

Reply to Saphire (Original post)

Tue Nov 3, 2015, 09:47 AM

Nov 2015

The SSA Appeal forms are here:

https://www.ssa.gov/forms/ha-501.html

The Actual 'Request for a hearing" form:

https://www.ssa.gov/forms/ha-501.pdf

All you have to do is fill in the name, address and Social Security Number, as to the question "4. I REQUEST A HEARING BEFORE AN ADMINISTRATIVE LAW JUDGE. I disagree with the determination because:" Just say "I am still disabled".

The sooner the appeal is in, the quicker you will have the hearing. Once the appeal has been filed then look for an attorney.

Saphire

(2,437 posts)

9. thank you, everyone, for your advise. much appreciated.

Reply to Saphire (Original post)

Tue Nov 3, 2015, 12:12 PM

Nov 2015

thucythucy

(8,742 posts)

12. Please let us know how this turns out.

Reply to Saphire (Reply #9)

Tue Dec 1, 2015, 04:42 PM

Dec 2015

I know so many people who've been through this process, and it's always stressful, hard, even cruel. It's like whoever came up with this process deliberately set out to make sure only the tenacious survive.

I agree with all the advice given here--get an attorney, file an appeal. EVERYONE I know who has filed for either SSI or SSDI was turned down at first, including a spinal cord injured quadriplegic. I really believe they just deny everyone, figuring if you don't appeal then you really don't need it. Messed up, I know.

Please check back to let us know the outcome, and please please please take care of yourself.

I'll be thinking of you.

Best wishes.

Response to Saphire (Original post)

Name removed Message auto-removed

mackerel

(4,412 posts)

11. What stage of the claim are you in? If you're at the reconsideration stage

Reply to Saphire (Original post)

Sat Nov 21, 2015, 08:41 PM

Nov 2015

see if you can get a medical source statement from his doctor. If his doctor is willing to grade his limitations it would really help his claim. Like everyone else said consult an attorney but please do not go with an internet attorney or a 1-800 attorney. Stay local, someone who knows the ALJ's in your area in the event you have to request a hearing. If you're having trouble finding an Attorney in your area contact NOSSCR (National Organization of Social Security Claim Representatives) they have a referral list. You can also contact your county BAR Assoc. they also have a referral list.

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