reconsideration dinial

reconsideration denial

Currently living in the Philippines.

I just recieved a denial on the reconsideration level dated 7 June 04 (which I did not recieve until 29 June 04). I need to take this to the next level ALJ, but I am unable to attend any hearing due to my physical limitations and the fact that I have exhausted my funds here in the Philippines. I have not worked since June 2000.

They stated that "you are not able to work in your past work as taxi driver as you did in the past", but they believe I can work in the other jobs I have had (aircon repair and security).

My "condititons" 1: Spondylosis 2: Osteoarthritis 3: Lumbar Lordosis and 4: (main) Lumbar Spinal Stenosis with degenerative disc desease of at least 4 discs and an abutted nerve as well as bone spurring.

The Stenosis of the Lumbar causes extreme pain above level 6 (on scale of 1 to 10) every minute 24 hours a day wheteher I sit, stand walk or lie down in any position. The abutted nerve root is causing more pain in my right leg from the foot to the groin and is beginning to cause pain in my left leg as well. If I walk more than ten minutes, BOTH legs begin cramping up from the feet to the calf. I have to use a cane just to walk to the corner store and have to take a folding stool and sit down every ten minutes when I go anywhere else. I can't take even one step without pain. They state there is no evidence of "significant muscle weakness or loss of control due to nerve damage". Yet the Doctor who conducted the "EMG" showed me the results and states just the opposite.

I have read what I can about their requirements, and I do meet ALL the requirements.
The Lumbar Spinal Stenosis alone AUTOMATICALLY qualifies me. At this point, I need some help to fight this. The Ortho surgeon who examined me concluded that the only recourse is surgery or PAIN management, which may or may not reduce SOME of the pain. And then only for a few years.

I need HELP!!!!!

Where is your "local" office at? In oter words, where did you file?

SSA generally has the hearing at your local office. I have no clue if they have one in the Phillipines however. They try to schedule the hearing within 75 miles of your home. If it's over 75 miles you can ask SSA to pay your travel expenses.

I also met the listings for my disability and was denied. The reason I was denied was that there wasn't evidence in my MEDICAL charts that I met those listings. That's probably what your problem is as well. If it's not in the medical records, then it doesn't exist to SSA. Hell, even some things that are IN the records don't exist apparently.

You do realize that between 60 and 70% of applicants are denied initially, about 50% denied at reconsideration, right? The best chance you have of getting approved is the ALJ hearing. They actually SEE you, can talk to you, etc. It's the first time you have a face-to-face with the person that's deciding your claim. It can make a big difference. The majority of applicants are approved at the ALJ level. If you wish to persue it, then you're going to have that ALJ hearing.

You only have 60 days to file your appeal. That's it. You don't need an attorney to do that, all you have to do is fill out the Form and send it in. Here is the SSA's number...

1-800-772-1213

Call them and find out where your hearing would take place at, they can tell you. ONce you find that out, you can proceed from there.

Get a lawyer

I strongly suggest u get a lawyer, either from your local legal aid or otherwise and appeal. The lawyer or a para legal made all the difference for me. If you had/ have one, maybe you need a new one. My lawyer took her fee out of the backpay they owed me and it was settled ( 15% of the back pay). Good Luck. Also, the health dept.(where I had to go when I had no insurance) keeps really thorough records and they are very helpful!!