Re: Reconsideration denial

[Guest guest]

Hi ,

Yes, indeed, it seems to me SS never saw your medical records and

made a determination without them. This is classifed as 'abuse'. Go

over this with your attorney - you should report this to the Office

of the Inspector General (OIG) - separate from the SSA and it won't

affect your benefit award.

Look at the website: http://ssa.gov/oig/guidelin.htm

Then look at the following section

" The SSA OIG Fraud Hotline is a clearinghouse for receiving and

handling allegations regarding violations of law or regulations

affecting Social Security Administration (SSA) programs and

operations. Examples of violations include:

Criminal activity such as:

False statements on claims

Concealment of material facts or events affecting eligibility

Misuse of benefits by a representative payee

Buying or selling Social Security cards or SSA information

SSN misuse involving people with links to terrorist groups or

activities

Crimes involving SSA employees "

OK, now look up again at the second line about " concealment of

material facts or events affecting eligibility " . I feel you have had

this happen as a result of SS neglience. But, like I said, talk to

your attorney about this. Maybe because you are still recovering from

surgery, he can report this for you.

I feel for you, I really do, and it just pisses me off royaly when

people are denied on a Reconsideration because of a SS screw-up. This

has happened to several of the clients here, too. And now they join

the ranks waiting for a Hearing.

My *dream job* these days would be to start at the top of SSA and

clean it up! I mean squeaky clean - get rid of 1/2 the staff - most

at the top, thoroughly clean up local field offices and regional

offies as well. Supposedly the new 'system' for approving benefits

begins in August. Odd, don't you think that the states 'chosen' for

the new program to start, are the smallest states? Vermont, New

Hampshire, Rhode Island, etc. Supposedly a person's claim for

benefits is to be approved in 20 days! I wonder if I will live as

long as this really will take. One of the attorneys I know from

NOSCCR said that by the time the new changes are all in place, he'll

be ready to retire. He is 50 now, plans on retiring at 65.

I know I'm rambling, but I do feel there has been a problem with your

medical records and I only wish your attorney could get another

Reconsideration. WITH ALL records plus the recent surgery records.

You might ask him if he can get another Reconsideration, or perhaps

maybe even meet with the Judge in his chambers with your medical

records and ask for an 'on the record decision'.

Let me know how it goes.

~ Gretchen

[Guest guest]

Gretchen,

I plan on a good long sit down with my attorney. And if my thinking is correct I

am going to make my Congressman aware of it. What bothers me the most is that I

was a state employee, the state denied my

request for accomodations and are now denying my SS disability. One contradicts

the other in my opinion. I'll keep you updated.

[Guest guest]

Hi ,

Yes, it seems to me your State employer should have granted you

accommodations under the ADA (Americans with Disabilities Act). But

what your State does is a seperate issue.

As for your State not awarding you disability benefits, one small tip

here. Social Security Disability Benefits (SSDI) is a Federal program.

That means the rules set up apply to EVERYONE in our 50 States who

apply for SSDI benefits. Your State has nothing to do with this.

If you also had some kind of 'state disability program' going on with

your employer, you may be eligible to make a seperate claim there also.

Some states, such as California, have State Disability, which lasts

only 9-12 months and was set up to help disabled persons receive

benefits while waiting for SSDI to be awarded. I tried to look up your

state to see if you have this, all I found was this info which you

already know http://www.social-security-disability.net/state/kentucky/

(this site is set up by a private law firm)

I hope the meeting with your attorney goes well tomorrow and he can

initiate an action plan to get your benefits awarded.

~ Gretchen

[Guest guest]

Gretchen,

If Kentucky has such a program I've never heard about it. I'm in the process of

signing up on my retirement disability also. It's more paperwork than social

security (hard to imagine that). When I have my

hearing will I be allowed to bring people to speak on my behalf or write letters

for me? I had my mother down as a contact person and no one ever contacted her.

[Guest guest]

,

Yes, of course, at your hearing you can have your mother there and

anyone else who knows about your CMT and your being unable to work.

This can also include your doctor/s.

I'm not surprized no one ever called your mother. I don't even know why

the SSA asks for that contact information.

~ Gretchen

[Guest guest]

Gretchen,

I appreciate all your help. Keep your finger crossed for me. Do doctor's in

general have a problem about attending?

[Guest guest]

Hi again ,

Most of the time, doctors aren't needed at the Hearing because the

Judge has already seen ALL of the medical evidence for a person's case.

That's where your attorney comes in, get him to get your records, he's

the one who presents your case to the Judge. An attorney can call and

ask a doctor to attend the hearing, but most won't, unless they are

subpoened (but that is up to the attorney to decide if the doctor's

testimony will help you win your case).

I will be thinking about you tomorrow as you meet with your attorney. I

just wish all this dam* SSA stuff would work smoother for people who

need benefits.

~ Gretchen

[Guest guest]

,

Funny you should mention this, I had put down 3 people who know of my CMT..my

daughter, my social worker, and my rehabilitation counselor (to get my back in

a work place I can handle), Anyway, they got in touch with my workers but not

my daughter. She knows more about me than anyone else. Oh well. The other 2

did good for me. I think they want the professionals and not family members.