ssdi screw up?

[sagasmommy]

What is the name of your state? WV. I reapplied for disability in November 2007. I just got my first denial today (3/13/08). I was told before I reapplied that SSDI would not use any of the information from my old file - that I would start with a clean slate (unless I requested reopening my old file.) Imagine my surprise when I got my first denial, and they based my denial partially on two doctors that I no longer even go to. I assumed they would send me a form requesting my doctors names & addresses and go from there. I'm really pissed at this. I feel my new case is now already tainted and destined for failure. Is there anything I can do about it? Please Help!

[BL]

Originally Posted by sagasmommy

What is the name of your state? WV. I reapplied for disability in November 2007. I just got my first denial today (3/13/08). I was told before I reapplied that SSDI would not use any of the information from my old file - that I would start with a clean slate (unless I requested reopening my old file.) Imagine my surprise when I got my first denial, and they based my denial partially on two doctors that I no longer even go to. I assumed they would send me a form requesting my doctors names & addresses and go from there. I'm really pissed at this. I feel my new case is now already tainted and destined for failure. Is there anything I can do about it? Please Help!

Consult an SSI attorney real soon .

If the attorney believes your odds are good , retain him/her on a contingency basis .

You could first file for a reconsideration .

You haven't posted nearly enough info . for a forum to grasp the scope of your alleged disability , if SSA is relying on old Drs. statements because you couldn't provide new ones , etc .

If you had nothing new and were working gainful employment , you have to show you can not work at ANY gainful Employment now .

You don't even give any indication of when and what date frames you collected before .

[sagasmommy]

If this ends up in the wrong place, I apologize. Thank you for getting back to me so quickly. I originally applied in 2005 citing lupus, neck & back pain, joint & muscle pain. I was denied bacause I had no proof that I had lupus. In October 2007 I went to a rheumatologist who confirmed that I do NOT have lupus, but instead have Fibromyalgia. This time applying, my complaints are fibromyalgia, depression, panic & anxiety. I just assumed that I would be contacted regarding all doctor information, but instead found that they had to have opened my old file to get the info they got. It makes me uncomfortable because the ALJs report of me was extremely prejudicial (for one thing, he assumed that because I was still attending AA meetings from time to time that I must still be drinking.) So I pretty much feel they've perused my old file and that no matter my new info, they will pre-judge me and deny me again. I am not working and haven't since December of 2005. I have never received benefits before.

[BL]

It's not unusual to be denied the first time .

Consult an SSI Attorney . SSI attorneys usually have free consults , and if the Attorney believes you have a strong enough case , they work on a contingency bases .

[msiron]

My brother who had lost both arms to the elbows & both legs to the knees was denied the first time, they must deny automatically. That was straightened out fast.

[Wombat's Gal]

Originally Posted by msiron

My brother who had lost both arms to the elbows & both legs to the knees was denied the first time, they must deny automatically. That was straightened out fast.

No, they do not automatically deny everyone. Sometimes they will deny based upon not having enough evidence of disability (versus "not being disabled at all" - there is a difference, by all accounts).

My late fiance was approved first time.

[ronnyd8719]

Don't worry about the first denied. It happens to 75% of the applications.
I was denied the first and second. Then I got another lawyer due to the first one not being good.
Then I started from scratch with a new lawyer, but I was able to use all the paper work. The second lawyer got me SSDI and I never seen the judge.
Now due to me not wanting anymore pay back the first lawyer file a appeal and I did not know about it. I just received back payment all the way back till I got hurt.
I don't want the money due to my LTD insurance wants it and my ex wife keeps the money and I have to pay it back.

[Pete Moss]

Somebody wants SSDI money by claiming permanent, total disability and inability to work because of "fibromyalgia, depression, panic & anxiety" - add "terminal audacity" to the list.

-Pete Moss