My Disability claim has been denied

[JMCKUSICK]

I got home from the Montgomery County Democratic meeting and had another E-mail from SSA.
It's been really really demoralizing even though my lawyer told me to expect it because it involves my back. (almost all back related disability claims get denied)
I've spent all morning on the phone with my lawyer and we've already filed the appeal. I just fear that there will be a further gutting of services and therefore cause longer delays. H guessed that the process to get in front of a judge, after reconsideration etc.. will be 7-8 months.
It is really hard to keep a healing and positive energy base as this goes on but I promise, I will try. I'm praying and meditating, I'm celebrating all of you being my spiritual support family and trying to treat this as expected and to roll with the punches.
My breathing is going real well, consistently over 2500 on the incentive thingy. I'm taking Cuddles back to the cemetery again this afternoon for our special time and really grateful that I have the walker chair because there's no way I'd make it otherwise.
My back is a real struggle as i have to lie down as soon as my walks are over to alleviate the pain that I have from almost any movement.
The good news is I had 60 days to appeal and it got done day one. So no unnecessary delays. I do appreciate my lawyer spending more than 3 hours doing that with me by phone.
I love you guys, please stay with me.
John Mckusick

[SheltieLover]

1. Sorry to hear, John.

Be glad you're in IL.

Here in TN, I've been told people are denied 5 or 6 times before approved.

It's a fed progeam, so I don't know what the state has to do with it. Maybe just asshole magats processing things here?

I hope it gets favorably resolved quickly! I'm glad your lawyer got it done on day 1!

[JMCKUSICK]

6. I know that SSA assigns cases to states....

I just hope this doesn't keep dragging out, you all know what a struggle this last year and a half it's been already.
Thank you for your kind words SheltieLover.

[SheltieLover]

8. Yw

Try to stay positive, John. It's much healthier!

[LiberalLoner]

2. I'm so sorry. I've heard from others, it takes three attempts and a good lawyer to get disability approved, so

Please don’t lose hope. 🙏💙

[womanofthehills]

3. My friend spent 3 yrs appealing

3rd judge gave it to her. Then she got all the back money- $30 thousand from first applying.

[LiberalLoner]

5. I'm glad she finally won and got the back pay too! 💙

[JMCKUSICK]

7. I've got plenty to be thankful for LiberalLoner

your words amongst them.
I just want to see a light at the end of this tunnel.

[LiberalLoner]

14. 💙💙💙💙🌹🌹🌹🌹

[JMCKUSICK]

21. I'm trying not to, the whole system is designed to

Make you quit. I swear.
You all have been here holding me up spiritually and emotionally. I can't let that energy go to waste

[pandr32]

29. My husband was denied twice.

He was finally approved on the third doctor visit (their doctors).

[mvd]

4. Sorry to hear

I know it so often happens the first time. It did with me. I finally found a lawyer who is willing to take my case again - it isn’t mom’s lawyer’s specialty, but she can help.

[JMCKUSICK]

22. Well, let's have a GOOD LUCK to both of us eh?

[debm55]

9. Very sorry this is going on., John.

[JMCKUSICK]

10. Thank you Debbie, you are such a supportive friend.

[xuplate]

11. Best of luck to you.

After suffering back pain, and one bout of sciatica, for years I started doing stretches for the back and hips. About 20 minutes most days of the week has brought amazing relief. They are boring but effective. No more groaning when I empty the bottom row of the dishwasher.

[JMCKUSICK]

35. Thank you xuplate

[electric_blue68]

12. Arg so sorry to hear this. Yeah, I know this is often the pattern...

. it still sucks!
And I didn't know this about back injuries.

I hope it will be resolved in your favor, and sooner than you expect.

Great news about your breathing!!
My mom became severely asthmatic when I was about 5 ish years old. So I've seen bad breathing problems.

What's this breathing test device you are using? I think post 2 surgeries I had the simple one: plastic, rectangular "case", transparent, ?4 tubes w balls in a row. You blew in and if your breathing was excellent all 4 would quickly float to the top of each of their tube.
If it varied depending by how much in each tube the ball stayed lower how difficult it was.

By the number you describe it sounds quite different.

[JMCKUSICK]

23. Mine has the hose and then the 0-4000

Measure with the green circular thing that I have to keep in mind range to keep my breathing regular.
It's called an Incentive Spirometer

[LoisB]

13. Bummer. Good luck on the appeal and I hope it doesn't take 7-8 months. Stay strong.

[JMCKUSICK]

24. Thank you LoisB

Of course I'll keep everyone updated.

[meow2u3]

15. Keep appealing

Social Security always seems to deny initial disability claims. You just keep appealing--and appealing, armed with the truth and your doctors as witnesses, until your claim is granted. You have to nag the shit out of the authorities until you've pestered them so much they'll grant your claim just to get you off their case.

[JMCKUSICK]

25. I like your plan

Now let's accelerate it lol

[wordstroken]

16. So sorry you are going through this, John. Please know that we love you, too, and are right there with you.

[JMCKUSICK]

26. Thank you wordstroken

Your words are such comfort to me.

[Nigrum Cattus]

17. That's the way they like to deny benefits

Keep trying and fight back !
They (republicans) are now a death cult.
We are beginning to understand their "demands" and can now develop a plan to fight back

[JMCKUSICK]

36. Agreed Nigrum Cattus

[PoindexterOglethorpe]

18. Social Security does NOT

always deny a first claim. Most people do not understand just how thoroughly their disability needs to be documented. Not just a couple letters from a doctor, but detailed information about what the person can and cannot do.

I used to work for a disability claims attorney and saw this first hand. I also spent literal hours at the local Social Security office photocopying massive files. There is also a presumption that a person may well be able to work at an equivalent job, which can result in denial.

The other thing is that the appeals attorney will not charge you, or take money from your settlement. They get paid separately, and how much they get is set by federal law.

[piddyprints]

30. So true.

I was lucky. My doc’s mantra was, “Document, document, document.” And I mean he wrote down everything.

I was approved on the first try.

[PoindexterOglethorpe]

33. Bingo!

I think people think that just a doctor's letter or two will be good enough, but it's not.

The other problem is that a lot of people who think they ought to get SSDI, simply are not qualified for it.

On the other hand, going blind gets you on SSDI immediately. My brother went blind at age 50, and was approved very quickly.

[JMCKUSICK]

37. I should be careful with my words

When I filed, my attorney said I should plan on being denied because back issues and mental health claims are the two most likely to involve fraud.

[Nanuke]

19. Oh that is bad news but know that we are all here for you Jim. Your attitude is terrific and great for healing.

[JMCKUSICK]

38. Hi Nanuke

It really has been you all that gave that to me.
Thank you

[sheshe2]

20. I am so sorry you have to go through this, John.

Hugs. We are here for you when you need us.

[JMCKUSICK]

39. Thank you sheshe2

hugs back and your words are a warm blanket.

[marble falls]

27. The big secret: they will turn it down a second time and rule for you the third time ...

... this how it goes for unemployment, welfare, SS ... etc. Having the lawyer is icing on the cake.

[PoindexterOglethorpe]

34. Myth, myth, myth.

They do NOT automatically turn down everyone the first time they apply.

The reason most people are turned down at first is, as I've already pointed out, they do not provide the needed documentation. Which is a LOT of documentation. Most people simply don't read the SS website to learn just how much documentation they need to provide.

Plus, what the hell are you claiming this how it goes for unemployment, welfare, SS . So tell me all about the people who are turned down for unemployment, welfare, and Social Security.

[marble falls]

40. Experiance, experiance, experiance ...

... short of fraud or actually not having six months on the job in the last year, or actually being injured off the job - three tries and your in. Particularly in Osha or SSDI having a lawyer makes all the difference.

To be clear: fraud is a crime. Do not be a criminal.

[PoindexterOglethorpe]

41. Experiance?

Trust me, people haven't a clue just how much documentation they need. So, I'm guessing what you mean by "Experiance, experiance, experiance." is that it took you at least three times to get all that documentation.

Oh, and it's "experience".

[Wifes husband]

28. Really sorry

Back trouble is the worst. You cannot get away from it, no matter how you move. The pain just wears you down.

I hope you get better

[JMCKUSICK]

45. Thank you Wife's husband

Been going on since August of 1996. Bad in last seven or eight years, and really bad in last four.

[piddyprints]

31. I'm so sorry.

Keep at it. I hope second time is a charm for you.

[JMCKUSICK]

46. Thank you piddyprints

[Dorothy V]

32. In the meantime ...

I refuse to believe there is nothing they can do to help alleviate that pain, at least to a point it's easier to handle. Keep pestering your docs about it. Also, I like xuplate's suggestion for stretching exercises. Listening to music might help them be less boring (my problem with mere exercise). Getting fitted for a back brace might be a good idea as well.
Sounds like you got a good lawyer! Happy for you on that!
Of course we're staying with you! We're all family!

[JMCKUSICK]

47. Thank you Dorothy

I'm more than willing try new things or methods. Let's just say I haven't had much luck.

[Rizen]

42. Good luck.

From what I've heard its pretty standard for claims to be denied first time.

[JMCKUSICK]

48. Thank you Risen.

[Clouds Passing]

43. Sorry about the ss denial. Good thing you have a lawyer.

Awesome your breathing is improving and you're walking. Even with a walker it’s better than not walking. Do the simple lower back exercises and stretches but gently, breathe into the pain area as you are doing the workout. Keep it short.

We will all help you stay positive with our encouragement, praise, comfort and good advice 💚

[JMCKUSICK]

49. Hmmm, thank you CP

Your advice is spot on as usual.

[UTUSN]

44. Appeal & don't give up

[Chalco]

50. I had back pain, too and

going to the gym helped a lot. I go to Planet Fitness ($11/month) and they have
cardio equipment which I use but also lots of machines with weights for developing muscles.

There are several machines that work on back muscles. Before doing this I couldn't stand up for more than an hour without feeling extreme pain in my lower back. Now
I can stand up for 4 hours.

You might want to try this while you're waiting for the judgement.

P.S. I'm 76.

[ArnoldLayne]

51. I always heard that they always deny the claim

the first time. Then file an appeal with an Attorney the second time then they ok it.

[area51]

52. k&r n/t

[debm55]

53. We are family John. and we will stand with you.

[JMCKUSICK]

54. Thank you Debbie,

I needed to hear that.

[OldBaldy1701E]

55. Good luck to you.

I tried twice and they told me to shove it both times because my husband is over the income minimum by a few hundred bucks. We are soon to be facing homelessness and there seems to be little anyone can do about that either. With the current administration on its rampage, there is little hope for myself. Maybe you can get something.