I am 44 and live in california and am in the process of applying for disability. I have been tonight all levels in now I'm scheduled for a hearing in april. I have spinal stenosis migraines severe pain. I have head to final sergio of fusion on c 6 c 7 and a defective me on l 5 s 1. both which cause severe pain in my arms legs neck shoulders and back not to mention my dreams at least twice a week that last 23 hours to 40 hours. from my research and knowledge everyone in decline the first couple times and have to go as far as an a l j which is in a minister have a lot judge I would definitely excited it sounds as if you deserve it. do you have an attorney or a disability group to help you? I would definitely higher 1 if you don't and continue to fight I don't see that you can work from your description that you shared and I would continue to fight. this site has a lot of knowledgeable people that will help you I would try the back and neck forum or the disability forms. also the site disability secrets has a lot of good information in the blue book and disabilities helps to describe what qualifies. have you worked long enough to qualify for ssdi are you just in trying for ssi ?
FIRST - To Everyone thinking of getting a Lawyer after first denial - WHY?? Remember - they will ONLY take a case they feel they can win, because that's the only way they get paid. So remember...If THEY feel they can win...YOU can win just as well without them! It's no big deal at all to appeal.
TO my86442 Is this your FIRST Denial? SSDI Turns down 99% of Applications without even reading them. My Ex (aged 32) was Turned down the first time with a TERMINAL Diagnosis of Leukemia. I (applied years later, age 38) was turned down first time with Bipolar II with severe side effects from meds, and Disk Problems at L3, L4, and L5. NEITHER ONE of us got a Lawyer., Just appealed and re-applied and we both got it. Both retroactive to the point of initial application, so yes, we both got back pay.
(Time it took to receive it, from INITIAL Denial to final approval was 3 months for my Ex, and 4 weeks for mine...? Go figure on our reasons for applying, but anyways)
A friend I have, age 44, applied last year also. He applied due to Back problems after a surgery. He was denied, initially and did the appeal, and was awarded the second time, also. It took longer for him. From denial to getting his money was 6 months. But, like I said, everyone gets the retroactive back pay.
I would NOT recommend anyone to get an attorney after the first denial. They automatically do this. (My ex, bty, had a bone marrow transplant and did recover completely. He's now 5 yrs cancer free) ANYWAYS!! They AUTOMATICALLY turn down the first time applicants to "weed out" the people who really won't qualify, and will just give up after the denial.
When you appeal and re-apply, it is actually READ by an MD vs being skimmed by no one with any medical info period... SO - if it IS valid, and it certainly appears yours is, it will be accepted.
That's my personal advice. Since your approval is almost guaranteed (if u have a valid case , which as I said, sounds to me, yes.) I would NOT get a Lawyer.
I WOULD recommend getting a Lawyer if it was, by rare chance, getting denied a second time.