Migraine

I applied for SSDI and was denied (anticipated). Unfortunately I let the appeal deadline pass. I applied again a year later and provided all the same information again, but it seemed that whomever was in charge of my case did not do a good job on the management of the file for many reasons. Not surprisingly I received another denial in the mail a couple weeks ago.

It's not the denial (which I expected), but what they specifically SAID in the denial letter that distresses me. They stated, among other falsities, that I was able to perform activites of daily living, and the worst of all, that "despite the fact my HEADACHES are UNCOMFORTABLE, it does not keep me from working...." They stated that denial was based on two reports which they dated (their doctors). The letter made absolutely no reference to my MIGRAINE neurologist, family doctor, or psychiatrist, all of whom have stated that I am completely disabled (which enables me to recive private disability at this time).

Has anyone else received a denial letter that specifically dictates what you're "able" to do, and if you're "uncomfortable" as opposed to in unbearable pain, nauseau, etc.? Doesn't this take the denial letter too far?

There's a lot I don't know about SSDI denials. One thing I do know is that "Activities of Daily Living," often abbreviated "ADL's" is a quite technical term applying to the absolute basics of life: dressing, bathing, dressing, feeding oneself, and walking or "getting around" somehow. I don't know you, but I suspect you can in fact do those things. The point of your disability application, however, is not whether you can bathe and dress, but whether you can work.

I hope someone will be along with more info on the other questions you raise about your denial.

I won SSDI for my fibromyalgia. Yes, I got comments like that when I first applied but I used a lawyer for my appeal, which I HIGHLY recommend. Now, before you say you can't afford it, I didn't have to pay anything up front, and their fee was limited to a certain amount which was very reasonable and ONLY if I won!

It doesn't matter what state you live in, the firm I used was Binder and Binder and they practice nationally. They are absolute experts, they know the judges, they know the ropes, and I definitely would NOT have won if I hadn't used them. Look them up online and see what you think. Or call their 800 number, 1-800-66-BINDER (1-800-662-4633). (No, they don't pay me to say this!!!!)

Here's their website: http://www.binderandbinder.com/

I don't know what you got back is typical for a migraineur's claim, but (true confession time) I spent my first summer in law school working for the Social Security administration on SSDI appeals - writing briefs defending Social Security's position. (I know, I know. Sorry! But it was very hard to find a paying job that summer!)

It was typical for them to reject as many people as possible on the first go round. Many of the SS administration's doctor's reports made very little sense. When we read the file, we found a lot that the claimants' doctors made a much better case than the SS Admin's doctors. And the Administration lost a lot of those appeals! A good lawyer who is familiar with SSDI appeals can do a great job for you.

- Megs

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Originally posted by nutmegan:
It was typical for them to reject as many people as possible on the first go round. - Megs

I also found this to be true, not only for SSDI but also for my company's Long-Term Disability insurance. They want to see if you'll go away!

My application was approved the first time around, I'm not sure how or why but I can tell you what I did to get there.

The very first thing was fill out my application on line the day after I had to quit work. I quit because I was in bed more than I was at work and when I was at work, I played catch up without pay. It was documented thanks to my timesheets.

The time sheets proved that I had used up my personal, vacation and sick time within two months. They also showed that I went to work without being paid. I had a letter from the Vice President of the company who also stated I had tried as best I could to remain at the job.

I also submitted all of my ER visits for the last two years and all of my medical history along with my paystubs for one year. It was a TON of paperwork!! I included my list of prescriptions from Rite Aid and my most current referral from my PCM to my neuro.

I called my case worker every week and if I didn't receive a call back, I called again. I was polite but persistant. Four months later I was told I may be approved; five months into the process I was approved and will be receiving my benefits the end of this month.

I am very, very lucky to have been accepted on my first try. I hope this helps you in some way.

All my best to you!

Thanks so much to ALL of you for your detailed replies and, most of all for your caring support.

Appealing the case with an attorney is most definitely the next step. I am concerned about one thing, however. Once a person is approved, how often do you have to undergo a re-review of your case?

I mention this only because any dealings with the SSDI are so exhausting for me from a migraine (and depression) standpoint, and I'm curious is disability is only granted for a year at a time, etc.

Here's the link to the page on the Social Security Administration web site that addresses this question:

Reviewing your medical condition

I hope this helps!

Thanks again! I'm off to check out that link now.

Thanks Nut, I didn't even see a review schedule on mine. I'll have to take a look at my award letter tomorrow!

I found the review date; November of this year.

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Thanks Nut, I didn't even see a review schedule on mine. I'll have to take a look at my award letter tomorrow