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Thu Oct 29, 2015, 12:17 PM

they denied my hubbys claim. I'm so

depressed I'm in tears. I've been working 2 jobs just to make ends meet. My hubby has a permanent trach tube, disintegrating larynx and depression/anxiety issues, but they think he can work???

This is messed up. I'm lost.

13 replies, 2331 views

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Arrow 13 replies Author Time Post
Reply they denied my hubbys claim. I'm so (Original post)
Saphire Oct 2015 OP
JonathanRackham Oct 2015 #1
CountAllVotes Oct 2015 #2
JonathanRackham Oct 2015 #3
Doubledee Oct 2015 #4
GreenPartyVoter Oct 2015 #5
TexasProgresive Oct 2015 #6
GreenPartyVoter Oct 2015 #7
Lindsay Oct 2015 #8
2naSalit Oct 2015 #9
CountAllVotes Oct 2015 #10
Saphire Oct 2015 #11
CountAllVotes Oct 2015 #12
Ilsa Oct 2015 #13

Response to Saphire (Original post)

Thu Oct 29, 2015, 12:21 PM

1. Wow

What idiot doctors board did this? Sounds like time for an attorney.

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Response to Saphire (Original post)

Thu Oct 29, 2015, 12:21 PM

2. Does he have a lawyer?

If he doesn't have one, he needs to get one right now and appeal this decision.

Best of luck & try not to cry!

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Response to CountAllVotes (Reply #2)

Thu Oct 29, 2015, 12:21 PM

3. Jynx. Nt

Nt

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Response to Saphire (Original post)

Thu Oct 29, 2015, 12:24 PM

4. I have much experience with this

I have had three workman's comp injuries in my work history. To be denied is never final and is also very common. I have been denied in the past for an injury resulting in back surgery and have had to hire an attorney who got the decision reversed with all back pay awarded.
Further, I was rated at 1% disabled for a shoulder reconstruction which, after again seeking counsel, was reversed, rated much, much higher and resulted in a very nice retirement award.
Do not accept what you believe to be unfair, seek an attorney! By law the attorney is limited to what he can charge.

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Response to Doubledee (Reply #4)

Thu Oct 29, 2015, 12:25 PM

5. Agreed. I have heard from many people that you have to apply 3 or 4 times.

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Response to Saphire (Original post)

Thu Oct 29, 2015, 12:26 PM

6. He needs a lawyer who specializes in SSI

I don't know where you live in Texas but I see ads for this one on TV. She might be good I don't know but take a look at her web site you might find some answers.

Merryl Jones
http://secondchancelawyer.com/

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Response to Saphire (Original post)

Thu Oct 29, 2015, 12:26 PM

7. *hugs* Hang in there, find an attorney, and keep applying until they say yes!

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Response to Saphire (Original post)

Thu Oct 29, 2015, 12:37 PM

8. Hugs.

When I had to apply for disability, I was told by someone with experience with the system that it generally takes 3 tries.

First you file your claim, and it's denied.

Then you file an appeal, and that's denied.

Then you get a lawyer to file, and your chance of approval is much better. As people said above, the lawyer gets a percentage set by law, and as far as I know all disability attorneys work on a contingency basis - they get paid if your claim is approved.

It's a ridiculous system for those who genuinely need help from a system they've paid into all their working lives. But that's the system.

Wishing you both the best in getting what you need.

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Response to Saphire (Original post)

Thu Oct 29, 2015, 12:38 PM

9. Fact of life...

Cry a little and then get an attorney, you won't get approval without one and you always, even if your hubby were a quadriplegic, will be denied in round one. That's the way you need to view this, as round one. An attorney will make it happen for you, they will take a percentage of the initial payment and that should be it.

I am getting ready for round two myself and will need to employ an attorney to go forward. Cheer up, you've made it through round one, you may have to go three rounds but don't give up. I know you are tired and drained but this isn't final, as others have said above, one of the screen out ploys is to wear you don't so that you'll give up.

You have a valid case, get an attorney to help you, it will ease the stress.


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Response to Saphire (Original post)

Thu Oct 29, 2015, 12:56 PM

10. If he was still working in June & filed

he got denied and this is why.

If you are working you won't get SSDI.

That is how the system works.

Did he quit this job recently or was he laid off or let go?

You mention he was working as a janitor ...

http://www.democraticunderground.com/1141692

???



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Response to CountAllVotes (Reply #10)

Thu Oct 29, 2015, 01:02 PM

11. so far he's still working. I've been told dor him not to

quit, but to be let go. Honestly, if we dont get the $500 a month he makes we'll be on the streets. I just dont know what to do.

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Response to Saphire (Reply #11)

Thu Oct 29, 2015, 01:06 PM

12. As long as he is still working

He will not be approved for SSDI.

Any lawyer out there will tell you that.

If he is let go or fired he should file.

If he is put out on any form of disability, be it temporary, etc. it will strengthen his chance to be approved but is still no guarantee.

You can't have it both ways, especially when you are claiming to be 100% disabled.



On edit: eyesight sux & sorry for the edits. Should I just give up or what?

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Response to Saphire (Original post)

Thu Oct 29, 2015, 02:00 PM

13. I think Texas always turns down the first application you

Make. They make everyone hire lawyers to appeal, I guess, even when the disability is obvious.

Why the hell are we paying for disability if no one ever receives it?

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