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Sorry, but I don't think it is true either. I also met the listings, and had the MRIs and X-rays to prove it, but I will still denied 5 times over 2 1/2 years before I was finally approved.
I don't think there is a exact rule that makes anyone for sure get it. Some get it right away but it looks like most get denied a few times before they are approved, even if everything is done perfectly. You just never know with them.
This is Correct . Not only does a person need to meet the definition of disability regarding Social Security Rules , the disability needs to be severe enough and long lasting, at least 12 months or will result in death. After completing all the papers and forms that social security gives you, your claim goes back to your local social security office and is looked over. If it is found that you are not disabled , or meet their rules of disability, then you will recieve a deniel letter fairly quickly. However, if your claim does meet the definition of Social Security disability, then your claim goes to Disability Determination Services , commonly referred to DDS. DDS is not at the local Social Security office.
DDS looks over your claim with a fine tooth comb, and waits for your DR's reports to come in , either supporting your claim , and is severe enough to continue. I know that their is now a way for DR's to fill out S.S. forms on the computor which speeds up the process . Social Security has their own DR's , so even though your DR's say your disabled does not mean their is a automatic approval. If you do not have enough information for social security to make a desision then they will send you to one of their DR's . Commonly known as a CE. These Dr's work directly through social security. They can either support your claim or say your disability is not severe enough to be awarded benifits. Then a deniel letter will be sent out.
Social Security looks at past work history too, and sees if the applicant can work at any other job even if it is at a shoe factory.
If a person is applying for SSI , work history is not important because SSI is not based on work history , it is based on being diasabled and very low income. But, sometimes a person can get both SSDI if it is low enough and SSI.
For children, they can get on SSI the same way as adults , but the same rules apply. Often times a child will be found disabled rather quickly if their condition is obvious , such as a child with a genetic condition , cancer, Autism , blood disorder, heart problem , ect. In children with severe disability, they can often be on ssi for the rest of their lives, BUt , the parent or parents income is looked at and if they make too much , the child is not going to be approved. When the child turns 18, then can be on his or her own social security , SSI , and be approved. Because they are not on a parents record anymore.
But, their are a lot of single parents with disabled children that do not go over SSI money requirements , and are approved that way.
[QUOTE=flaco9;4754075]...from what i've heard it takes about 2years to see the judge in most cases..i really don't think they go by those rules...about a month ago i got a letter from the lawyer i went to see,saying they are going to represent me,and they aren't going to take a case without winning it,because they want to get paid....so,hopefully i'll see judge in sept/oct...i've been waiting about 15months so far...thank god i'm almost there.....[/QUOTE]

it is good that you have a Lawyer , and are close to seeing a Judge . I know someone who has applied for social security 5 times! He refuses to seek legal help, because he ways or thinks he can win on his own, despite trying for 5 years. He is a younh man , in his late 20's. Has not worked enough so he is and has been fighting on his own for years. I think if he did have a Lawyer it would go a lot better for him. He says he has an appointment date to see the judge.
I found out that my brothers friends, mother was finally approved after fighting social security for years as well. I am not certain if she had representation or not.
Even my sister N law has tried to get on social security and has been denied multiple times, even took it to the Judge's level, had a Lawyer too. Butm the Lawyer asked her very personal questions that had nothing to do with her claim. Questions like , are you happy in your marriage? Stuff like that. I have no idea why the judge would ask questions like that , having nothing to do with he disabilites.
You are right I meet listing 4.12b for Peripheral Artery Disease I was denied two times by SSa but I did not have the right documentation so I went to a local hospital and got a grant and had the test done to show how I met listing 4.12b I had my family doctor sign a letter showing that I met there listing so I had my lawyer put in for a on the record decision and I contacted my congress lady and was approved it all took one year from start to finish my age had a lot to do with it I am 55 and a solid work history
So, when they denied you, was it because you didnot have the documentation to prove your case, and how did you get that grant. I am 59 and meet 2 of the listings under the blue book .I am surpried they denied you ,I though it was easier once you are over 50 ,it'a a shame you had to call congress ,I'am glad that you got approved
Thanks for your previous post
[QUOTE=capatga;4767633]So, when they denied you, was it because you didnot have the documentation to prove your case, and how did you get that grant. I am 59 and meet 2 of the listings under the blue book .I am surpried they denied you ,I though it was easier once you are over 50 ,it'a a shame you had to call congress ,I'am glad that you got approved
Thanks for your previous post[/QUOTE]
My wife told the hospital that I had no medical so they gave us the forms to fill out for a grant and yes I did not have the right test to show SSa that I met listing 4.12b you may think you have a illness that is in there blue book but you have to make sure you have medical records to say you meet it some listings have 3 to 4 things you have to meet in order to meet it. Also it is not that easy to get approved just because you are over 50 to really have a shot its easier when you are 55 and older and have had a steady work history me I had over 40 yrs of paying into the system they like to see a long work history.
A long work history doesn't factor in heavily. It all comes down to (1) do you have the required work credits to be eligible for SSDI. This amount varies based on your age and recent work history (2) do you meet SS's definition of disability for your condition(s)

I have seen plenty of people approved for SSDI who had a spotty work history, were stay at home parents for 15 years but worked consistently for only the last 10 years, people in their 20's who have enough SS credits and become disabled, those who are barely eligible as they worked for the government or educational entities that don't pay into SS and later in life, in the years before becoming disabled, then switched to work for an employer who paid into SS.

A solid work history means nothing if you don't apply in time and loose your eligibility for SS due to not earning SS work credits in the most recent years before applying for SSDI. Or if you have been out of the work force too long after a solid work history. For example, the wife is laid off after 30 yr of work at age 48 and since they are financially ok with the husband earning $65,000 per yr she doesn't return to work. But 10 yr later she has a stroke. With no recent work history and thus no earned SS credits she does not qualify for SSDI and since the husband works she does not qualify for SSI. If the stroke happens 2 ye after her layoff she likely does have enough SS credits.

And for some people with mental health issues a spotty work history actually supports the inability to function consistently in the work place. They may work enough, off and on, to retain SSDI eligibility but inability to remain at work can demonstrate some of the mental health symptoms of their diagnoses. Same with someone with a slowly degenerative medical condition. If someone with RA slowly finds herself unable to work consistently as pain and joint problems grow, that can support the claim that symptoms are very vocationally limiting.

SS credits required, by age, are on www.ssa.com
You know thats true SpineAZ, I know someone that had worked for twenty years then was a stay at home mom. she later did file and it was to late to get credit for her work history so really it isn't always your history that counts and if you don't use it and don't work it is not kept for you eighter its sad because its still your money but if you don't need it but later do you your time limit runs out last date insured thing I think. I wish someone who used to work for ssa would be able to help in showing what really goes on when applying for the ssa process. Because there are peolpe that are disabled and really need it and have to fight for it and causes so much mental stress on top of there illness I know that the rules are to stop fraud but when it is cut and dry and no gray area they should be approved. Thanks for everyone that has put their input in this board it helps so many.
[QUOTE=vannort54;4768228]That's how I thought it was but at least I got my life time earnings to go up because of my 40 years of work.[/QUOTE]I do think SSA needs to go back and modify some of these things. Some of these things seem not quite right or fair to me.>>>Just like the medicare/medicaid. They need to change it. It is wrong to make you wait 2 years for medicare and no waiting period for medicaid after one is approved for benefits. Makes no sense to me>>>>:mad:. This is just my personal opinion.
[QUOTE=BlueSkies14;4768725]I do think SSA needs to go back and modify some of these things. Some of these things seem not quite right or fair to me.>>>Just like the medicare/medicaid. They need to change it. It is wrong to make you wait 2 years for medicare and no waiting period for medicaid after one is approved for benefits. Makes no sense to me>>>>:mad:. This is just my personal opinion.[/QUOTE]
I think ssa will make changes to get ssdi they will make it a lot harder because the ssdi fund is going to run out of money by the year 2018
[QUOTE=Chrissy5626;4753279]I have a question for all you veterns out there. A friend of mine told me today if you meet a "listing" of ssdi that you automatically get ssdi. I do not think this is true...but reallly dont know. I thought you had to prove it for a year too?? Am I wrong? He said if you meet a listing and you have a doctor or doctors that are willing to write it out that you HAVE to get it. The listing thing is so hard to understand even when reading it. Just wondering if anyone knew the answer.[/QUOTE]
I meet the listing 4.12b and was approved before my hearing took me one year from start to finish _to meet a listing you have to A- Have a dr. say you meet it and how you meet it B- Have medical records to back it up C- Make sure you meet all of the listing some have many parts to it and you have to meet all of them. so you can be approved by just having a listing
[QUOTE=SpineAZ;4772822]If meeting a listing led to automatic approval there would be no ALJ level.

It's not just if you meet the listing, as I meet about 3-4 of them. BUT, proof that you are unable to work because you meet the listing. There are people with quadriplegia out there working, that would be a condition that would lead to rapid SS approval but it doesn't mean the person can't work or never will return to work.

[B]There is no magic "meet the listing get the SS". It's far more complicated, thus the level of denials, reconsiderations, and ALJ.[/B][/QUOTE]

Agreed. I also met the listings, and had the MRIs and X-rays to prove it, but I was still denied 5 times over 2 1/2 years before I was finally approved.

In each denial letter, they agreed I met the listings, but thought I should be able to find some type of job I could still do. :rolleyes:
[QUOTE=gayle4102;4772834]Agreed. I also met the listings, and had the MRIs and X-rays to prove it, but I was still denied 5 times over 2 1/2 years before I was finally approved.

In each denial letter, they agreed I met the listings, but thought I should be able to find some type of job I could still do. :rolleyes:[/QUOTE]
How old are you gayle 4102 because I met listing 4.12b what listing's did you meet I was approved as soon as I sent them my medical test and Dr's letter in my case it was a vascular surgeon and my Gp also did you have a strong work history me I had 40 years f hard labor working in warehouses and auto assembly plants besides that I don't know why they turned you down because if you meet a listing you win according to ssa web page.you have to meet all parts of the listing to be approved. Buy the way I was 55 when I was approved took 1year from start to finish.
[QUOTE=vannort54;4772879]How old are you gayle 4102 because I met listing 4.12b what listing's did you meet I was approved as soon as I sent them my medical test and Dr's letter in my case it was a vascular surgeon and my Gp also did you have a strong work history me I had 40 years f hard labor working in warehouses and auto assembly plants besides that I don't know why they turned you down because if you meet a listing you win according to ssa web page.you have to meet all parts of the listing to be approved. Buy the way I was 55 when I was approved took 1year from start to finish.[/QUOTE]


I was 55 at the start, and 58 when finally approved. I had worked at my last job for 11 years, and the job before that for 10 years - but they were desk jobs. My strong work history worked in my favor, but my education worked against me.

I think they look for any little reason to deny you. Also, my disability is in my back. My attorney told me that back issues were the most common reason to file, yet the most difficult to win. The attitude seems to be, "so what if your back hurts - take an aspirin and get a job."

Just from reading this and other forums, and talking to attorneys, it seems that many, many people who meet the listings are turned down over and over again. It is a long hard battle for almost everyone.


Forgot to add - I met listings 1.04a and 1.04c
[QUOTE=gayle4102;4772909]I was 55 at the start, and 58 when finally approved. I had worked at my last job for 11 years, and the job before that for 10 years - but they were desk jobs. My strong work history worked in my favor, but my education worked against me.

I think they look for any little reason to deny you. Also, my disability is in my back. My attorney told me that back issues were the most common reason to file, yet the most difficult to win. The attitude seems to be, "so what if your back hurts - take an aspirin and get a job."

Just from reading this and other forums, and talking to attorneys, it seems that many, many people who meet the listings are turned down over and over again. It is a long hard battle for almost everyone.


Forgot to add - I met listings 1.04a and 1.04c[/QUOTE]
Wow I was very fortunate but then again all my work was heavy lifting and I only have a high school diploma because in Michigan you could work for the big 3 and make as much or Moore as a college grad. I was working next to teachers and accountants they said they made more working on the line then there own field plus we had the best medical in the world but it was hard work ssdi is hard to get if you had a office job because they think that you don't put that much weare and tear on your body but I'm glade you got it.
[QUOTE=capatga;4774191]I think most people on this particular post meet a listing and still get denied ,all others are things terminal or childrens disabilities, I think it is also a combination of education,age and can you do "other work" if you can't do your previous job, I worked with a lot of people with disabilities that did "meet or equal a listing" and they were still able to work, there are combination of factors, even people with some cancers get turned down . its that 5 step sequenial process that they use for all applicants[/QUOTE]

I think you are right capatga I guess I was lucky I got approved in only a year I guess my age and education and type of work I done also played a key role in getting approved they said I would be reviewed in 7 years but I don't think they will because there is no cure for peripheral artery disease and I will be close to 62 I think that with ssdi fund running out of money by 2018 there going to really make it harder for anyone to meet a listing or younger people to qualify so they can approve the people over 55 first that's what I've been reading because they cannot touch the regular ss retirement fund buy a act of congress thar is for regular people retiring not with disabilities. I think these people are wrong if you paid into it how can they deny you just because of your age.
I did receive unemployment and stopped 4 months before I applied for SSDI and was still approved, I worked for about 6 years in constant pain and my job outsourced to another country ,so this was a oppotunity to file ,I thought I could work but the pain was so bad that I had no other choice ,on the official SSDI website ( I can't rememember where) it says you can collect unemployment and file for disability so there is n o need to choose between the two, I called today and asked my caseworker becuase I thought I would have to pay back some of my backpay and he said no. I keep thinking if I had kept working I might be in a wheelchair by now, I am 59 ,but I know people get turned down at that age also, I feel really bad for those that are turned down and for the ones that keep working even though they don't feel like it and like you said of course there are going to be some that will file because they can't find a job
[QUOTE=capatga;4777387]I did receive unemployment and stopped 4 months before I applied for SSDI and was still approved, I worked for about 6 years in constant pain and my job outsourced to another country ,so this was a oppotunity to file ,I thought I could work but the pain was so bad that I had no other choice ,on the official SSDI website ( I can't rememember where) it says you can collect unemployment and file for disability so there is n o need to choose between the two, I called today and asked my caseworker becuase I thought I would have to pay back some of my backpay and he said no. I keep thinking if I had kept working I might be in a wheelchair by now, I am 59 ,but I know people get turned down at that age also, I feel really bad for those that are turned down and for the ones that keep working even though they don't feel like it and like you said of course there are going to be some that will file because they can't find a job[/QUOTE]
The reason I did not apply was that in order to collect unemployment you have to sign a paper stating that you are willing an able to work and you are actively seeking employment so I didn't want to chance it in working for over 40 years I only collected unemployment ounce and that was back in late 70"s when I was working for Chrysler when they got there first government loan and lee Iacocca was in charge of them.
[QUOTE=capatga;4780867]I worked for a company that made the chip that went in the Chrysler radios , I know what you are saying about answering the question are you able to work ,when I was drawing unemployment I thought I was able to work until the pain got so bad ,I asked the local office if I would have to repay some of my back pay and they said no, If you do collect it and apply for SSDI then you are showing you are trying to work until the doc says you can't ,now it might made it harder for you to get a favorable decision if a judge has to make a decision on your claim ,but it shouldn't ,it is based on whether you can do other work ,it is up to the doctors and DDS examiners to determine that ,It is in the SSDA handbook that you can do that so you don't have to choose between the two, had I known that I could have kept collecting it, instead I stopped when I could have collected it for another 8 months instead of suffering financally like I did, GO TO THE SSDA website , its there[/QUOTE]
Wow I should of did that I could of got 1 year oh well I was lucky I was approved in one year and had my soon to be wife supporting me boy I wish I could get all the money back that I paid into for unemployment taxes if I never used it.
[QUOTE=vann04;4780881]Wow I should of did that I could of got 1 year oh well I was lucky I was approved in one year and had my soon to be wife supporting me boy I wish I could get all the money back that I paid into for unemployment taxes if I never used it.[/QUOTE]

I know but its better to let some things go on the side of caution like I did, no one wants to be turned down especially when you were as broke as I was.
it really is a catch22 damned if you do and damed if you don't
[QUOTE=RaJo111;4887364]Did your doctor have mri`s or any proof[/QUOTE]
I had a Angiography done and a The Ankle-Brachial index test to show I meet listing 4.12b plus my vascular doctors reports. I was 54 years old and worked over 40 years, so I was approved Otr . With a 7 year review my age and work history really helped in fact in my approval letter it even said because of my excellent work history they found me to be credible in trying to get ssdi.
[QUOTE=mscat40;4754024]This is Correct . Not only does a person need to meet the definition of disability regarding Social Security Rules , the disability needs to be severe enough and long lasting, at least 12 months or will result in death. After completing all the papers and forms that social security gives you, your claim goes back to your local social security office and is looked over. If it is found that you are not disabled , or meet their rules of disability, then you will recieve a deniel letter fairly quickly. However, if your claim does meet the definition of Social Security disability, then your claim goes to Disability Determination Services , commonly referred to DDS. DDS is not at the local Social Security office.
DDS looks over your claim with a fine tooth comb, and waits for your DR's reports to come in , either supporting your claim , and is severe enough to continue. I know that their is now a way for DR's to fill out S.S. forms on the computor which speeds up the process . Social Security has their own DR's , so even though your DR's say your disabled does not mean their is a automatic approval. If you do not have enough information for social security to make a desision then they will send you to one of their DR's . Commonly known as a CE. These Dr's work directly through social security. They can either support your claim or say your disability is not severe enough to be awarded benifits. Then a deniel letter will be sent out.
Social Security looks at past work history too, and sees if the applicant can work at any other job even if it is at a shoe factory.
If a person is applying for SSI , work history is not important because SSI is not based on work history , it is based on being diasabled and very low income. But, sometimes a person can get both SSDI if it is low enough and SSI.
For children, they can get on SSI the same way as adults , but the same rules apply. Often times a child will be found disabled rather quickly if their condition is obvious , such as a child with a genetic condition , cancer, Autism , blood disorder, heart problem , ect. In children with severe disability, they can often be on ssi for the rest of their lives, BUt , the parent or parents income is looked at and if they make too much , the child is not going to be approved. When the child turns 18, then can be on his or her own social security , SSI , and be approved. Because they are not on a parents record anymore.
But, their are a lot of single parents with disabled children that do not go over SSI money requirements , and are approved that way.[/QUOTE]
So are you saying the DDS doctors carry more weight then a persons treating doctor who is a specialist that has MRIs to prove that his patient meets the listing.From what I understand congress says the treating doctor knows about the patient health better then anybody and should be giving controlling weight.
RaJo: does your employer offer Short Term and /or Long Term Disability benefits? Or if you live I CA, HI, PR, RI, NY or NJ there is state short term disability. STD and LTD can help hold you over until SSDI is approved. I've been out of work since 4/2009 due to disability ad had 26 wk of STD and then LTD started when STD ends. LTD continues today. (SS will be deducted from LTD so not paid on top of LTD).

And the older you are the better chance SSDI will be approved. Over 50? 55?
[QUOTE=RaJo111;4887510]My doctor is a OA specialist and his notes and letter to SSA say I am in great deal of pain and nothing helps.He has MRIs and EKG test to prove nerve root compression and said I meet 3 listed impairments and will tell the DDS when they call him.I am 41 but from the SSA five steps age isnt looked at until step 5, I am at step 3. SSA didnt send me to a back doctor they sent me to a psychiatrist.[/QUOTE]
The ssa will not call your dr. Your dr. Has to write a letter saying that you are disabled,not that your in pain. And also you have to meet a listing to a t and if you do your dr. Has to say what listing you meet and hoe you meet it. That's what you need and at your age they might still deny you, because they think you can do a sit own job, I hate to say it it's getting harder to get ssdi at a younger age like yours. Now if you were 55 you would be approved in a heartbeat.
[QUOTE=vann04;4887555]The ssa will not call your dr. Your dr. Has to write a letter saying that you are disabled,not that your in pain. And also you have to meet a listing to a t and if you do your dr. Has to say what listing you meet and hoe you meet it. That's what you need and at your age they might still deny you, because they think you can do a sit own job, I hate to say it it's getting harder to get ssdi at a younger age like yours. Now if you were 55 you would be approved in a heartbeat.[/QUOTE]

DDS dr I saw told me they will call my doctor but I will call my lawyer about that in the morning.Doctor wrote a narrative report for me and filled out RFC forms.New rules say you have got to have a listing impairment and it must last a year or more it does not say meet it to a T the SSA web site has not been updated in years. Step 3 says NOTHING about age thats step 5 .A sit down job with lumbar ddd,osteoarthritis and lumbar stenosis would be hard since the pain is bad and my leg goes numb and the EKG shows it and I have no office skills I worked as a laborer and went to 12th grade.But it is the government and they will do what they want to do.
[QUOTE=RaJo111;4887728][QUOTE=gayle4102;4887717]I had a lawyer from the very beginning.[/QUOTEY You had proof from MRIs you had Listed impairments with doctor support,meaning he wrote you narrative letter and a lawyer filling out your paper work.And everytime they turned you down they told you that you could still work even against what your doctor said.This is a true crime what they did to you, and the back pay that I hope you got doesnt make up for it. I guess the "treating physician rule" means NOTHING, if you would like to read about it google"Rule SSR 96-5P".[/QUOTE]
Well all I can say is that the ssa took my vascular surgeon word because he was a specialist in fact I had 2 vascular surgeon's and the ssa senior attorney who approved my ssdi quoted that because of the records of dr.-- and dr.-- who are specialist in perphiral artery disease we put great weight on there records and statements about your Impairment so a specialist not a regular pcp is what you need to in a ssdi case.
[QUOTE=vann04;4887760][QUOTE=RaJo111;4887728]
Well all I can say is that the ssa took my vascular surgeon word because he was a specialist in fact I had 2 vascular surgeon's and the ssa senior attorney who approved my ssdi quoted that because of the records of dr.-- and dr.-- who are specialist in perphiral artery disease we put great weight on there records and statements about your Impairment so a specialist not a regular pcp is what you need to in a ssdi case.[/QUOTE]
My Dr is a specialist and I took a copy of the Blue Book page to him and he says I meet 3 listing impairments and he has the MRIs to prove it and will support my claim which he told me to file. I dont know if you been following what gayle4102 and I have been talking about but if you have what do you think about what she says.
your basicily at the luck of who looks at it. like someone once said your next door neibor could have the exact same thing as you and have all medical records as you everything the same but for no rhyme are reason one of you get approved and one of you don't. Its just the way ssa works you just never know but most of the time if you keep appealing you will fanally win. Good Luck you really sound like you have the things needed but I would get a good lawyer and just get really for a long wait. Good Luck and I hope your approved and approved quick.:)
[QUOTE=gayle4102;4887785][QUOTE=vann04;4887778]

I worked at my last job for 11 years. The job before that one was 10 years. Jobs before that were for various numbers of years.

I want to add that my case is not unique. It happens all the time. Just read the old posts - people who meet the listings and do everything right, get denied over and over. It is a long, hard battle.[/QUOTE]
When I was approved I was at the hearing level I got turned down 2 times because I did not have the necessary test done to show how I meet listing 4.12b. So I got the test done then. I asked my lawyer to put in for a Otr witch he did. Several months went buy nothing so I wrote my congressman and within a month I was approved. In fact my congressmans office called a few weeks latter to ask me if everything was ok now with my ssdi.





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