Social Security, Denied Con't Benefits

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Social Security, Denied Con't Benefits

by onelifetolive on Tue Nov 15, 2011 11:26 PM

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My husband Tim has been receiving SSI since July 08 and he was recently reviewed and they denied him continued benefits saying that his health has improved. He went out on disability immediately upon dx.  He is a plumber and had a tumor on his spine and had balloon kyphoplasty. He can no longer lift heavy objects, dig trenches, he can't stand or sit for long periods. I was wondering if any was denied continued benefits, appealed it and won. Nobody is going to hire him as a plumber when he can't perform his job which includes lifting heavy objects and tools, digging trenches, standing on ladders or even wear workboots for 10-12 hours a day due to slight neuropathy. Never mind the dirt, chemicals and bacteria he works with. Even after telling them his job duties and why he can't perform them, getting all the docs and hospitals medical updates they still denied. I thought if you can't perform your previous job you would continue to receive SSI. Not sure what they expect him to do. Just wondering if this has happened to anyone else.

Theresa

RE: Social Security, Denied Con't Benefits

by Johnr_1 on Tue Nov 15, 2011 11:40 PM

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On Nov 15, 2011 11:26 PM onelifetolive wrote:

My husband Tim has been receiving SSI since July 08 and he was recently reviewed and they denied him continued benefits saying that his health has improved. He went out on disability immediately upon dx.  He is a plumber and had a tumor on his spine and had balloon kyphoplasty. He can no longer lift heavy objects, dig trenches, he can't stand or sit for long periods. I was wondering if any was denied continued benefits, appealed it and won. Nobody is going to hire him as a plumber when he can't perform his job which includes lifting heavy objects and tools, digging trenches, standing on ladders or even wear workboots for 10-12 hours a day due to slight neuropathy. Never mind the dirt, chemicals and bacteria he works with. Even after telling them his job duties and why he can't perform them, getting all the docs and hospitals medical updates they still denied. I thought if you can't perform your previous job you would continue to receive SSI. Not sure what they expect him to do. Just wondering if this has happened to anyone else.

Theresa

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RE: Social Security, Denied Con't Benefits

by artsyamerican on Wed Nov 16, 2011 03:41 AM

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Unbelievable.  They are probably just making you jump through hoops.  I'm sure you can get a doctor to agree to the fact your husband can not work!!  Oh...the paperwork games.

Best!

Amy

RE: Social Security, Denied Con't Benefits

by mjmom04 on Wed Nov 16, 2011 01:59 PM

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This last spring I was given a full review because of my part time job, they sent forms to everyone they could think of.You are allowed to make under $1000 a month, which is essential for me to pay my medical bills. Is your husband undergoing treatment? If I were you, I would ask for a hearing in front of a judge, keep pushing, that is the only way I got it in the first place. I too had a tumor on my spine as well as the MM, and several other issues because of the MM.Dont give up until you have exhausted every avenue.

RE: Social Security, Denied Con't Benefits

by onelifetolive on Wed Nov 16, 2011 03:31 PM

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My husband has been in remission since April 08 and is not on any meds.  This review has been going on since Aug. and asked all docs and hospitals as well as his oncologist to fill out paperwork and even asked for additional information, and I wrote an entire letter saying what his job functions were and why he can't perform them.  They actually wrote even though you have asthma, it can be controlled by meds, even though you have neuropathy you have feeling in your limbs, you had 2 successfull SCT's and your condition has improved.

RE: Social Security, Denied Con't Benefits

by Hophop4 on Wed Nov 16, 2011 04:00 PM

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Sorry to hear this is happening.  Maybe your last option is to find an attorney who deals with social secrurity claims.  I have heard they can get around a lot of these loopholes.  It might cost you some to do this but in the longrun it might be worth it.

Hop

RE: Social Security, Denied Con't Benefits

by toridon on Wed Nov 16, 2011 04:57 PM

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sorry to hear of your problem. i've heard that it is always worth appealing a denial because they most often rule in your favor on an appeal. if you get a second denial, i would then go to an attny. i've heard their success rate is very high but  be sure to find one with  a specialty in fighting ss denials.

RE: Social Security, Denied Con't Benefits

by stevem57 on Wed Nov 16, 2011 04:59 PM

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I am really sorry to hear that. Improved does not mean "back to normal". I think the attorney idea sounds like the road to go down. I have no experience with SSI although I am finding it more difficult to work 8 hours a day, even sitting at a desk. Being a plumber would be much too physically demanding. I am putting Tim and his financial concerns on my church prayer list. We go over the list every Wednesday night. Tomorrow you will be added.

Feel better,

Steve

RE: Social Security, Denied Con't Benefits

by onelifetolive on Wed Nov 16, 2011 05:51 PM

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Thank you everyone for your input. We are going to appeal and hope they reconsider.  Tim also has LTD (long term disability) from his job which pays the difference that SS didn't pay. Tim called LTD and they are very surprised that SS denied him. LTD works with a company that helps you fill out forms to apply for SS and LTD and they helped us initially which is part of the perks thru LTD. So they can represent us for free and help us with the appeal which is a plus. LTD is already submitting a claim to see if they can pay Tim what SS did but that has to go into arbitration.

RE: Social Security, Denied Con't Benefits

by summerluvr on Thu Nov 17, 2011 04:44 PM

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Hi Sorry you are dealing with this!  I have been going through something similar.  I was on LTD since my transplant June 09, but came back to work part time in Spring 2011.   LTD has been paying the difference, but recently conducted a review because they would like me back full time.  After meeting wth my doctor etc they decided to keep me part time and pay the difference since I still get a month treatment of pamidronate IV and also now am facing a likely surgery on my ear drum as I have had repeat infections since before my diagnosis and the last one must have really blown a hole in my ear drum so surgery is needed to close it, and likely I will have ear tubes placed.  Not exactly a myeloma issue, my mm is compete remission at this point, but it is ongoing issue related to my mm (frequent infections from compromised immune function). Also my dr. says I will be in treatment off and on my whole life so there is no point at which the can say I’m cured so my file will stay open and if I go in treatment again all the paperwork related to my illness has been done (I won’t have to apply again for disability related to Myeloma)

Just a tip.  My job is a legal assistant so I work office work.  My LTD considers totally you disabled for the first two years if you are not able to perform your job, after two years (what I recently have been dealing with) they declare you totally disabled if you are not able to do "any" job for which you are qualified. So in your husband's case he can not do his job because of the physical nature, and the hazards, but would he be able to do a different type of job (with similar pay and benefits?) like more of a desk job or customer service capacity for his field?  This is how the insurance companies work, so my advice is to frame your appeal in the capacity that he a) can not perform his job, but also b) he is not able to work at all in a normal reasonable way to make a comparable income to what he was doing before he got sick. 

I am inCanadaso our system of Ontario Disability and federal Disability are a bit different then theUS. I have not claimed state benefits, and have only dealt with my work insurance company.

Good luck!

 

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