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Q. about Cutting Off My Check
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Social-Security-Disability-Forum » Q. about Cutting Off My Check  

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Decision not to review at this time online texas hold c7-25-06  10:35 pm
Comparison Point Date, or CPDPaul McChesney 2-18-06  1:00 pm
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Sue Egert

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Posted on Wednesday, April 11, 2001 - 10:09 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

We recently found out my husband has been approved for SSD. In the letter it states his case will be reviewed in 5 to 7 yrs. I'm dealing with 3 different dates here so I'm not sure when this review will take place. (I want to make sure I have all his medical reports ready for them again)..He became disabled in June 1998. However, due to a miss information from them, at that time, he waited until Oct. 2000 apply. They approved him on March 8, 2001, but paid him retroactive until Oct. 1999 (one yr prior to the month he applied. However, the letter states that he meet there definition of disabled in June of 1998. So when will the first review take place??? Will it be around June of 2003, Oct of 2004 or March of 2006???

Reply by Paul They are saying that he will be reviewed in 5 to 7 years from the date of the decision, that is March of 2001.

But just because they say it, that does not mean it is so. The Administration has been running behind in its reviews. It is impossible to say whether it will still be running behind at that time.

And certain events can cause earlier review; for example if there are substantial earnings on his record.

Take care.
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kathy dimas

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Posted on Friday, June 15, 2001 - 9:07 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

my grandaughter was born with only one leg. she has been on ssi and is now nine years old. they now are saying she is no longer eligible because she can do things that other children her age can do. is this true and if it is, is there another program we can contact for help with her ever changing prosthesis?
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Paul McChesney (Admin)

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Posted on Thursday, June 21, 2001 - 6:41 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I am not sure about other programs. You should look into that.

If they are trying to cut her off you should contact an attorney if you do not agree. If you cannot come up with money to pay an attorney up front, which is often but not always necessary in a termination case, you might try legal aid.
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Lynette Pope

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Posted on Sunday, October 21, 2001 - 9:48 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Can SS terminate my child's SS without any notice? I am on SSD, her check this month never showed up, after going into SS they had no idea why, but aren't restarting it either.

Reply by Paul

I cannot think why this might happen. The notice should go to the same address that is on the check. Maybe call the 800 number. 1 800 772 1213. If you don't think the person you talked to was helpful, hang up and call again a few times. They should be able to say why it was stopped. If worse comes to worse, you will have to get a lawyer, but it shouldn't take that.
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Susan Kendall

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Posted on Monday, February 18, 2002 - 12:44 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I've been on disability for about 11 years. I was hit by a car as a pedestrian in 1990. Both arms and legs were broken in many places; some fractures were compounded and comminuted. I have plates and screws in both arms. The Drs. couldn't put a rod in my leg because I got a Methicillin Resistant Staph Infection in the hospital. The left leg healed, although not correctly. My right leg hasn't healed and I wear a custom made orthotic device on it. I also have lower back problems (spondylolysis), irritable colon and seasonal asthma. The asthma can get quite bad in the Spring requiring Prednilisone as well as all sorts of inhalers. It has lasted a month straight with no letup. I live alone in a house, and have no family around, only my father who is 80 yrs. old and lives in Florida. I live in NY. I can drive, but not long distances. My job, before my accident, was a Deli Manager--working on my feet for 8 hrs. a day or more. Before that I worked in a dept. store on my legs all day. My Drs. told me my legs would always bother me; if I stood or walked too long, if it was going to rain, etc. I don't take prescription pain medication on a regular basis; as I think Drs. are afraid of the addiction bit. Sitting too long can make my legs swell up and my back hurt. The problem here is if I had to work,if I could do it at all, I could not possibly take care of myself and my home--not doing such a good job of it now. But I can't afford to hire someone to do everything, or ask friends too much either. I just turned 50 years old last October. Is this why S.S. Disability did their first physical review? When I went to their Drs., they took blood, gave a breathing test and x-rayed my right leg. Are they doing this to see if I qualify for long-term disability? The Dr. didn't even look at my leg without my brace on. My own Dr. seems to understand, although I don't know what she wrote on her report. Also, I fell in November and broke a rib; fell again in January on the ice but didn't break anything. I have a tendency to fall if I try to rush myself ; if my leg is hurting a lot, or in slippery conditions. Please give me your opinion and thank you.
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Paul McChesney (Admin)

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Posted on Friday, February 22, 2002 - 5:14 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Susan, it is hard to say why they reviewed you. It is certainly not to help you in any way. Most folks are supposed to be reviewed every 3 years; but most reviews are not in much depth. If they are sending you to doctors, it is certainly someting to be concerned about, but you should not panic. Make sure your doctor will back you up, maybe check with a good attorney, and if you have Medicare or Medicaid get the testing necessary to prove the degree of your impairment.

If you are terminated, you might be able to keep your benefits going while you appeal, if you file your appeal within 10 days of your denial. This carries some risk, if you are found not disabled, that you might have to pay it back.

It is difficult to hire a private attorney if you are being reviewed, since there are no back benefits. Try to save up some money, though I know that will be hard.

Take care and good luck
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Susan Kendall

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Posted on Friday, March 22, 2002 - 9:57 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Dear Mr. McChesney-I posed the question here on 2/18/02 about my S.S. Disability Review after 11 years (as far as seeing their Doctors.)I have had a review before, but they never sent me to their own agents. It was just filling out the long forms. Well, last week I received the good news. I am still considered disabled by their standards. Sounds silly, to be happy I am still disabled; but the prospects of me suddenly healing are quite remote. I don't know exactly what they based their decison on; and to be quite frank, I don't really want to ask. It could have been the Radiograph of my right leg (a typical Orthopedist probably has never seen a Pseudoarthrosis before--meaning false joint); or the fact I haven't worked since 1990; or because I'm 50 years old now. It could also be whatever my Dr. wrote--although she is not an Orthopedist, but has a special interest in Sports Medicine. I might add, this was a very cursory examination. The Dr.at IMA (S.S. Disability's agent here on L.I., NY) never even asked me to take my brace off to look at my leg. She seemed to have a hard time understanding that all four limbs were broken in a lot of places . A typical Dr. ,even an Orthopedist, is not really familiar with these type of injuries. I was taken to the trauma unit of Stony Brook University Hospital after my accident--where the Drs. are familiar with this sort of thing. Apparently,though, S.S. Disability has not yet put me on long-term Disability. The Form letter states "You will be reviewed from time to time to see if you are still eligible for benefits based on disability or blindness." I would like to add, for the benefit of other people who visit your site; at no time did I lie to these people. Also, I spent a great deal of time filling out my 10 pages of forms to the best of my ability. There wasn't even enough space for me to write all I had to say. I should also mention, again, the fact I live alone with no family nearby. Social Security, I would think--must take this fact into consideration. Well, thanks again for your help. I hope my experience will help other people who visit your site. I'm sure I'll be here again, as I have a friend who is trying to get Disability because she was recently diagnosed with Epilepsy. She got turned down the first time; but from what I've learned this is quite common. They turned me down the first time, and I was in a wheelchair with 24hr. home health care aides! Regards--Susan Kendall
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faye

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Posted on Sunday, March 24, 2002 - 1:20 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Hi, I was diagnosed in 1986 with [CHARCOT MARIE TOOTH DISEASE.] This is a progressive degeneration muscle deteration. I worked for eleven years, till 1997. I was determined TOTAL DISABLE to work by neurologist. S.S. denied my benefits. I had to get a lawyer. I won, now I am being review for the 5 years to determine if I am still disable to work. I am no better, but worse. I take a lot of medication for pain. If there is no cure for this disease and it gets more progressive as life goes on, why would ss review this disease that I have? Doesn't s.s. know what progressive and deteration mean? Will I have to go through a laywer again. Please give me some answer.I live in Ohio.
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Paul McChesney (Admin)

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Posted on Tuesday, March 26, 2002 - 5:19 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

In theory, if you have a disease that only gets worse, the Administration can mark your file and you will not be reviewed.

But they are reluctant to do this, and often fail to do so.

Of course, whether they should have or not, they are in fact reviewing your claim, and you should sit down with an attorney right now. And be sure your doctor is supporting you.

Take care and good luck.
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Bira Brian

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Posted on Monday, April 15, 2002 - 12:27 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I applied for SSI in 1997. I was turned down quite a few times. Finally, I had a hearing with a very nice and sympathetic judge. He okayed my application.
I have Hepatitis C. I was turned down for many reasons. One, was that social security doesn't usually consider hepatitis as a disability. The second was ( I think this might have been a reason ) I wasn't taking any medication for it. I don't want to take interferon with ALL the horrible side affects which will make me feel worse than I aready do.
Anyway, I have a review to be done BY next week ( it had been just about three ( 3 ) years. ). They didn't mail me a form to fill out. They sent me a paper telling me to call or come in by 4/23/02. I'm worried that they are really going over my case since they asked me to come in rather than fill out a form and mail it back.
Also, I haven't been seeing any doctor for the disease. I do have yearly phyiscals at my methadone maintenance program. Now theymoved me from one program site to another. There is a new doctor there. I haven't ahd an exam with him yet, Not until August 2002. Therefore the only paperwork I can bring in would be a copy of my boodwork that shows my liver enzymes have remained the same over the last few years and that I tested positve for Hepatitis C.
I'm worried that they will use taht as reason to close my case, figuring if I don't see a doctor and don't take medication how sick could I be? Also, their letter says that they will see if I am still unemployable by " their rules ". That is what they wrote in EVERY denial letter that they sent me. I am NOT unemplpoyable by " their rules ".
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Paul McChesney (Admin)

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Posted on Friday, April 19, 2002 - 5:01 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

You have a lot to be worried about. It is quite true that there are many people who are disabled who are not going to a doctor regularly, but there is an unwritten presumption that someone who is not going to a doctor is probably not disabled.

Of course you need to talk to a local attorney.
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Becky Cadwell

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Posted on Thursday, March 13, 2003 - 2:22 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I have just been re-approved for SSDI and recieved my first payment for Febuary. I became disabled in Dec. of 90 and in Oct. of 94 I started working again. My Trial Work Period would have ended in June of 94 and my Extended Period of Eligibility would have gone from July 95 to June of 98. According to information that I have seen on the SSA.Gov website, I had another 60 months after my extended period of eligibility where I could repquest reinstatement of benefits and should have started receiving benefits right away instead of waiting another 6 months to start SSDI. I applied for benefits in Dec of 2002. Why didn't SSA pick up on this and start my benefits right away while they were deciding my case? Is there anyway I can still get the benefits due me for December and January?
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Paul McChesney (Admin)

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Posted on Thursday, March 20, 2003 - 5:42 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

You are correct in the outline of the law that you have given, but it leaves out some things. While eligibility continues, the process for getting declared disabled is just as slow the second time. So, as a practical matter, the extended period of eligibility rules just mean that you often, but not always, get more back time. I realize that is not how it looks on paper.

A separate question is whether you have been disabled all of that time. If you have not, then you don't get the benefit of that program. It is hard to know for sure without reading the papers you have gotten, but my guess is that they have found that you have not been disabled during the mean time. To correct this, you must appeal what would be a partially favorable decision. You only have a limited time to do this, and must act quickly.

A third and separate question is how far back before your most recent application you can draw. Generally, in Social Security disability claims, you can only get benefits for a year before your application. So you would not be able to get benefits for any month before December of 2001, unless you had an earlier application that might be re-opened.

You must be aware that if you appeal, the entire case, including the issue of current disability, is on appeal. So you must be very careful in your decision to appeal this, or any partially favorable decision.

SSI has a related program that works very well. If you have income that causes you to be too rich for SSI, your check stops, but if your income drops within a year, they have to put you right back on, without an inquiry about whether you are disabled. The difference is, in a case like yours, they are entitled to inquire into your current disability - which they do just as slowly as in an initial claim.

Sorry this is so complicated. I don't feel like I explained it very well. Here's the shorter version: Sit down with an attorney, within 60 days of your award, if possible.
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wayne in NA

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Posted on Friday, April 04, 2003 - 10:11 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I am in the process of a review at this time. It was the one they do every three years. I filled out their long form,which was due Feb.26, 2003. then I filled out a similiar from from vocational rehab approx 2-3weeks ago. My question is how long does it usually take them to make a decision on a review after filling out these forms? I was found disabled after falling and crushing my wrist, which required 5 surgeries to try and correct, and finally had to get about 6" of bone removed from my arm to keep it from rubbing against wrist (excruciating!). In the last year have reinjured area twice, tho not near as serious. also have been being treated for depression basically the whole time. the depression was more bothersome lately, and have been seen more for that than the actual injury. what do u think my chances are to be approved again? I live in SC..North augusta area. thanx in advance
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Paul McChesney (Admin)

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Posted on Friday, April 18, 2003 - 5:48 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

If you get beyond the cursory review stage, which you are, it takes about as long as a new claim. That time varies by area of the country, but if you are being reviewed by the Greenville, SC DDD, in 2003 it is often taking 3-6 months.

Hard to say about your chances. I would get all of my medicals and sit down with a lawyer. In a termination case, if you are still drawing benefits, you will have to figure out some way to pay him or her, unless you qualify for legal aid. Take care and good luck.
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Wayne in NA

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Posted on Thursday, May 15, 2003 - 12:12 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I wrote you last month about how long it takes for a review to be completed.Well I got a letter to go next week to one of their doctors for an examination. So does this mean my answers were not thorough enough or that my doctors did not give enough information? It does not say what type of examination, but will they only look at my injury or also look into the depression I have been treated for? Also how long after the examination will they take to make a decision, roughly? I am quite nervous here, as I have heard that people who are sent to their doctors are usually fixing to get denied. Is there any truth to that? My wife has also been quite ill and unable to work. I have been battling depression almost four years now, and this stress is sure not helping! If they cut you off, don't they give you a few months to get on your feet and try to figure out some new living arrangements?
Sorry for all of the questions, but feel like my family is fixing to be uprooted because i may not "pass" their exam, even tho I have been truly unable to work due to pain, meds, and depression. believe me, if I could work, I would. I never felt better as I did in those days when I could work. anyway, any help or answers to these questions will be greatly appreciated
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Paul McChesney (Admin)

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Posted on Saturday, May 24, 2003 - 12:17 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

"I wrote you last month about how long it takes for a review to be completed.Well I got a letter to go next week to one of their doctors for an examination. So does this mean my answers were not thorough enough or that my doctors did not give enough information?"

There are many reasons they might send you to a doctor. Often this action is in violation of the law. They are supposed to send you to your own doctor and get him to express an opinion.

Sometimes you will luck up and their doctor will say that you are disabled. But in some situations the key thing I do to make a difference in a case is to keep you from a bad consultative doctor.

"It does not say what type of examination, but will they only look at my injury or also look into the depression I have been treated for?"

Usually they use a psychiatrist or psychologist to evaluate your psychological condition.

"Also how long after the examination will they take to make a decision, roughly?"

Hard to say; if that is the only one they send you to, and they move as quickly as around here, maybe a month or two.

"I am quite nervous here, as I have heard that people who are sent to their doctors are usually fixing to get denied. Is there any truth to that?"

They are considering terminating your benefits as one possibility. You know that when you find you are under a full review, which you are.

"My wife has also been quite ill and unable to work. I have been battling depression almost four years now, and this stress is sure not helping! If they cut you off, don't they give you a few months to get on your feet and try to figure out some new living arrangements?"

Theoretically, three months from when you become able to work. But often they announce that you became able to work 6 months ago, and say they should have paid you 3 months from that, and say you owe them back from that date.

"Sorry for all of the questions, but feel like my family is fixing to be uprooted because i may not "pass" their exam, even tho I have been truly unable to work due to pain, meds, and depression. believe me, if I could work, I would. I never felt better as I did in those days when I could work. anyway, any help or answers to these questions will be greatly appreciated."

Hope everything works out for you. I know that this is a difficult time for you. Be sure to appeal within 10 days, if you are at the initial or reconsideration level, which should keep your benefits coming while you appeal to the hearing; and get an attorney if possible.
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Judith Hunt (Threefco)
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Posted on Wednesday, September 01, 2004 - 3:16 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

hello..I am collecting ss disability for my bipolar disorder along with numerous other mental issues. I was awarded ss disability on the first try primarily because my doctor is an angel and was very supportive of me ( i worked for 20 years and practically died before i finally admitted i couldn't do it anymore) Now I am moving from Florida and North Carolina and I am terrified of trying to find a new doctor. I was told that SS Disability will want to re-evaluate me every three years and I amso paranoid about losing my disability that i can't eat or sleep or function. Can you tell me how i go about finding a doctor that will not just think im some sort of faker or fraud and that will truly understand my situation. I have panic attacks daily and sometimes don't leave the house for long periods of time and the thought of having to go back to work and face the public makes me suicidal. I am very afraid. Can SS Disability really award it to me (I have been collecting for about a year) and then take it away? Please help me.
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Paul McChesney (Admin)
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Posted on Wednesday, September 15, 2004 - 7:57 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Q. Can you tell me how i go about finding a doctor

A. Try a doc and after a while ask him if he believes you are disabled.

Q. Can SS Disability really award it to me (I have been collecting for about a year) and then take it away?

A. Yes, but if you go regularly to a doctor who believes in you, and do what he says, and remain impaired, chances are pretty good that your benefits will continue. Most people who are reviewed are continued. If you are reviewed, appeal within 10 days and ask for benefits to continue. Save up money to pay an attorney in case you are reviewed. If you can't save, contact legal aid. Do everything you can to minimize the risk, and then there will be some fear left; talk to your doctor about the effect the leftover fear is having on you, and maybe he can help with that.
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Lilly Taylor
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Posted on Sunday, October 24, 2004 - 8:25 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I was awarded ssdi recently for bipolar and fibromyalgia after getting my first check I was told that I would more than likely loose my benefits after 3 years because I would get better. well bipolar dosent go way it is controllable at points and others not so controllable and the medicines i take make me into a zombee. As for the fibro it isnt going anywhere. Can some please shed some light on this please.
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Paul McChesney (Admin)
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Posted on Sunday, November 14, 2004 - 11:52 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

You will be reviewed in 3 years, if they do what they are supposed to. That does not mean that you will be terminated. You will be given an opportunity, at that time, to prove that you are still disabled. In the mean time you should try to get your condition under control and get back to work, if that is a realistic possibility for you, and you should certainly be sure to document your problem in the mean time so that you can show that you continue to be disabled, if in fact you do continue to be disabled.
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Bryan
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Posted on Friday, November 26, 2004 - 7:08 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I have a question about the CDR (Continuing Disability Review). My CDR is scheduled for "no sooner than every three years." I applied for SSDI/SSI on the basis of psychiatric disorders (major depression, Asperger Syndrome, tics, generalized anxiety disorder, obsessive-compulsive disorder). I am stable on medications (but far from symptom-free). But I still cannot work, even part-time.

I cannot afford to see a psychiatrist (SSDI/SSI doesn't pay enough) and County Mental Health Services refuses to see me (even with a referral from my GP), so I simply get my meds prescribed by my GP. There are no "free clinics" in my area. My GP, however, only sees me every 4 months for 5 minutes, so there is no documentation or monitoring of symptoms.

My question is, if the SSA does a full-scale review of my case and sees my skimpy medical records, will the SSA send me for a Consultative Examination (CE)? And will they be likely to cut my benefits because of lack of documentation?
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Paul McChesney (Admin)
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Posted on Wednesday, December 01, 2004 - 1:36 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Most questions require answers with a lot of qualification, but these don't:

Q. the SSA does a full-scale review of my case and sees my skimpy medical records, will the SSA send me for a Consultative Examination (CE)?

A. Yes.

Q. And will they be likely to cut my benefits because of lack of documentation?

A. Yes.

Use your Medicare, scrape up the money, and get to a psychiatrist.

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