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01/06/2012 06:18 AM

Denied after hearing

gulfcrest
gulfcrest  
Posts: 116
Member

After 93 days since my hearing, I got my rejection letter. My atty really made me feel that we had a strong chance of winning and had a strong case with alot of evidence so I'm kind of blown away. I am going to appeal, but not sure if I should keep same atty or get a new one? btw, I am trying to remain grateful during this time, challenging though.
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01/06/2012 06:20 AM
tanysha27
tanysha27  
Posts: 169
Member

Where do u live and y did the judge deny you

01/06/2012 06:26 AM
gulfcrest
gulfcrest  
Posts: 116
Member

I live in AL and I'm not really clear as to why I was denied. I'm waiting on my atty to call back and explain this legal jargon to me. Something about eventhough I had six medical diagnosis and great doctors notes from rheumy and pain management, it was documented that I was reacting well to treatment so it looked like I was accussed of lying about my limitations.

01/06/2012 06:31 AM
tanysha27
tanysha27  
Posts: 169
Member

Wow request me as a friend and lets chat

01/06/2012 07:03 AM
Caseycat

Sorry to hear, G.

I'm thinking the denial was something like "condition not severe enough to prevent you from returning to work as a broker or working in a more sedate job" That or "you are responding to treatment so you will/are be able to work within 12 monts" You are young and they expect that.

Or if you did a FUnctional Capacity Report (what you can do) it may have seemed inconsistent enough that they thought you exagerated your symptoms. Remember, diagnosis means little what matters is your ability to perform SGA and at your young age they say you can adapt to new work.

I've seen people with MD, MS, CP work. Even my bro at age 70 and disabled (can't walk well) works in real estate but mostly hangs around the office and takes calls hoping to occasionally get lucky with a listing or easy sale. He can hardly do a showing and moves slow so new cliets probably thing WTF, it will take all dat to see 2 houses.


01/06/2012 07:04 AM
mem1318

gulfcrest, don't you give up. I just don't understand. Just because a person carry themselves well and don't show pain, folks think you are not in pain. Folks that is not going through things just don't understand. Sometimes our bodies hurt so much that we have learned to deal with it and it does not show. Grant it we have good days but the bad days over rule. Who am I to say how you feel. I guess they know how your body is reacting to treatment because there is no sign of hurt in your face. Humm!!! you think maybe they got magic and they just get inside of you and feel no pain? This is crazy and so unfair. No one knows how your aches are. My first and second denial said the same. The first denial said that I was reacting well to a surgery I had not had. So go figure how they came to that conclusion. Hugs!!! with much love.

01/06/2012 07:10 AM
wolfmanpark
wolfmanpark  
Posts: 2737
VIP Member

Gulf I just read a rejection letter the other day and they said the same thing. The judge made it look like the treatment was working well even though the treatment was only working for a few days at a time. The person was getting facet blocks and and some kind of machine that streaches the body.. Forget what is was called now but that worked if the person used it every two hours. We are starting to see a ton of rejections on this site.. Most have been mental health issues but seems as if now they are turning down the physical as well. This lady was also getting cortisone injections in her shoulder as well and they worked for about 5 days out of every 60 days and she had three surgeries on her shoulder all of which have faield and documented. she of course has bipolar also...

Post edited by: wolfmanpark, at: 01/06/2012 07:12 AM


01/06/2012 07:48 AM
mem1318

Caseycat is correct on the age thing and ability to work. I agree with what is said. You just have to prove what you can and can not do. How long can you sit, stand, pull/push etc.. stress on that. From my understand the diag does not mean a thing. Medical records has to state this. Which most of us know that some DR just don't note things in the right language that they want to hear. I find myself now asking the DR if what I was told being put in file. Some looks at me like I'm crazy but they are getting paid to serve you, so it is up to us to stand tall and just say what we need to. It has taken me a while to realize that. We tend to freeze up. Have you seen the commercial where the lady question the waiter in a restaurant but when she gets to the doctor she does not have any question for the DR? That is most of us. So learn to ask question, say what you are feeling on your heart.

My age may play a big factor in my case as well as my ability to do things. But if DR is not putting in records there may be a problem. Plus I have a little degree in legal assistant which I never worked in. I've also done production and receptionist work. I would love to return to work but sitting, standing just moving around the house is impossible most of the time. But in this REALITYWORLD it is like it is like my life is in their hands and they know what they want me to do NOT what I can do. So it is all about proving yourself to them as well as yourself. I don't know, but what ever you do try not to let this stress you out. I know easy said then done, but do the best you can. Hugs

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