Thread: got denied ssi
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Old Aug 19, 2015, 07:28 PM
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Rose76 Rose76 is offline
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There is some good advice above, but I will take issue with one thing, based on what I read and heard from books and videos by attorneys. They say that this is the main thing that people misunderstand. There are a few diagnoses that will get you approved automatically. They are blindness, Lou Gehrig's Disease, end stage Renal Disease (kidneys not working) and maybe a couple more. With the exception of those few diseases or conditions, the Social Security Administration is really not very interested at all in what you have as a diagnosis. Qualifying for SSDI or SSI does NOT depend on what your diagnosis is. Lawyers say that is the main thing that applicants don't understand. SSA does not really care what your diagnosis is or how much you have suffered from it. Here us what they care about: What are your SYMPTOMS, and how do those symptoms interfere with you holding down a job?

It is not true that they turn down most people just to weed out those who are not really serious about not being able to work. That's a myth that most people believe. Even a lot of doctors believe that. Most people get turned down because they thought all they had to do is prove that they have a serious diagnosis given to them by a doctor. This is why most people need to have a lawyer. This is why having the support of your doctor, psychiatrist and therapist may not be all that much help.

A doctor is not a lawyer. A doctor is not going to try and think like a lawyer. That is not the job of a doctor. Here's what a lawyer understands: You've got to prove (or establish beyond reasonable doubt) that the sympyoms of your illness were so disabling that, even with the help of medical treatment, those symptoms interferred with you being able to work. You have to show, specifically, how your particular symptoms got in the way of you being able to work. You have to show that problem persisted, even after you got treatment.

There are people with just about every diagnosis you can think of who are out there succeeding in the work place. Patty Duke is an actress who had a hit television show. She has a diagnosis of bipolar disorder and advocates for mental health issues. Despite severe symptoms from her psychiatric disorder, she had a successful career and earned lots of money. Brian Wilson, who was one of the original Beach Boys, has been severely ill at times due to schizoaffective disorder. He has had a very successful career as a musician. Then there are more ordinary people working at all kinds of jobs, despite having serious mental disorders. The Social Security Administration is not going to make any assumptions about your ability to work, based on you having a specific diagnosis. Some people with depression can work, and some can't. You and your lawyer will have to present a convincing argument that you are among the people who can't work.

SSA wants to know: have you tried to work? For how long did you try? What happened when you tried? Did you try a variety of different types of work? Did you try to work after you got treatment for your symptoms? Were you let go from jobs due to failing to perform adequately? This may sound like a hard standard to meet. It's not as tough as it sounds. An experienced disability lawyer knows just what kind of on-the-job difficulties relate to your psych disability and how to explain the relationship. A lawyer likes to know you have a supportive doctor. The lawyer knows exactly what kind of documentation is needed from the doctor, therapist and any hospital you may have been in. Don't count on the doctor to know what is needed. Most of them don't really know.

There is no law that says you have to have a lawyer for the appeal, or for anything. But you'ld have to be some kind of genius to figure it all out on your own. I didn't consider myself that capable or knowledgeable.

I recommend calling the big disability law firms that advertise on TV and on the Internet. It won't cost a dime to talk to them. If a few of them turn you down, then you probably just don't have a very good case at this point in your life. Being young can work against you. The SSA might figure you just need more experience trying.
Thanks for this!
Nina Simone