SSDI denied 4-5 times

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Latest post 01-15-2008 9:16 AM by Dedicated Mom. 10 replies.
  • 01-08-2008 10:19 AM

    Question [=?] SSDI denied 4-5 times

    Does anyone know why a person would be denied SSDI four or five times if they have letters written by a doctor that they are too disabled to work (disability being a back injury) or (ADHD, Maniac Depressive, Dislexic)? I not sure which disability this person is claiming, I've the ADHD etc excuse first and recently told now it's a back problem. I've been told it is because the person can't pass a drug test. This person has had a history of using Crack and other drugs. I'm not sure if this person still uses.
  • 01-08-2008 10:19 PM In reply to

    • DOCAR
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    Question [=?] re: SSDI denied 4-5 times

    Has he appealed the decision and if so, with an attorney?
  • 01-09-2008 3:00 PM In reply to

    More [=+=] re: SSDI denied 4-5 times

    He supposedly has an attorney out of Baltimore now. One of those lawyers that don't get paid unless the case is won. I'm not sure if he appealed these or if he just reapplied. I just know that he was denied 4-5 times when he tried to get on Disability.
  • 01-10-2008 1:15 AM In reply to

    • DOCAR
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    Feedback [*=*] re: SSDI denied 4-5 times

    Why would he be denied?

    Each denial should have had a written decision telling him why it was denied. Rather than speculate with no knowledge, reading the decisions would answer your question. Hopefully his attorney will be able to deal with that and get the case resolved in his favor.
  • 01-10-2008 1:21 AM In reply to

    Question [=?] re: SSDI denied 4-5 times

    DOCAR,

    Can you be denied X many times without reapplying? I'm wondering for myself. I initially applied and was denied (after 3 months), hired an attorney and have been waiting for an hearing in front of a ALJ. If the ALJ denies our hearing can we appeal his/her decision, and if so is there a ladder of appeals you can travel?
    Thanks for your insight.
  • 01-10-2008 1:42 PM In reply to

    More [=+=] If his SSD is denied, aren't they saying he CAN work?

    I don't have access to the decision letters because it was my ex-husband that was denied and I'm not in communication with him. I was told that he was denied because he couldn't pass the drug testing but I don't even know if they require drug testing when applying for SSD.

    I'm also trying to figure out why he keeps getting denied (other then the fact that he may be lying about the disability) I was just wondering if anyone else has experienced so many denials and whether they ever got the approval or not. I also wondered if anyone would have any idea on what reasons a person could be denied... Could it be failure to pass drug testing?

    I have not received child support from this man in three years and child support is saying they can't enforce the order because he dropped off paperwork to them that stated he was disabled and unable to work. I feel if this was true... then he would have no problem getting approved for disability. Since he's being denied, that tells me he can work and there is no legitimate excuse for him not working and paying child support.
  • 01-10-2008 5:05 PM In reply to

    • DOCAR
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    Feedback [*=*] re: If his SSD is denied, aren't they saying he CAN work?

    Reasons for being denied are as varied as people applying.

    Not disabled enough is common.

    not providing paperwork, missing appointments, doctors do not cooperate, and provide documents. Cannot afford copies of medical records, etc.

    The process is application, if denial, rehearing, if denial, hearing before administrative law judge, if denial, appeals counsel, if denial, US District Court, denial, Circuit Court of Appeals, if denial, US Supreme Court (which hears 1
    SS case every 10 years or so).

    Or it could be separate applications that are repeatedly denied.

    No one has anyway to know in the abstract why he was denied without knowing his medical condition and the written decision by SSA.
  • 01-10-2008 5:06 PM In reply to

    • DOCAR
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    Feedback [*=*] re: SSDI denied 4-5 times

    If the ALJ denies our hearing can we appeal his/her decision, and if so is there a ladder of appeals you can travel?

    Yes, you can appeal to the Appeals Counsel in Falls Church. They can either reverse the ALJ decision, remand for a new hearing or uphold the ALJ decision. if so, you can take it to the US District Court and then the normal court appeals process. But "new trial or hearing" is only held by the ALJ.
  • 01-11-2008 12:45 AM In reply to

    Question [=?] re: If his SSD is denied, aren't they saying he CAN work?

    Could the family court subpoena his denial letters?
  • 01-14-2008 10:04 AM In reply to

    • DOCAR
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    Feedback [*=*] re: If his SSD is denied, aren't they saying he CAN work?

    Your attorney can.
  • 01-15-2008 9:16 AM In reply to

    Sad [:(] re: If his SSD is denied, aren't they saying he CAN work?

    I have an attorney for custody issues but do not have an attorney for Child Support. The only representation I have is my local Child Support Enforcement Agency. My worker is trying to get premission to petition for a contempt hearing but she doesn't think they will let her because of some papers he dropped off saying he couldn't work.
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