• Appealing long term disability denial

    Asked by HOBO on Wednesday, June 7, 2017

    Appealing long term disability denial

    Hi folks, been a long time since I have posted, but I keep track. I am still NED.

    14 Answers from the Community

    14 answers
    • GregP_WN's Avatar
      GregP_WN

      Glad to hear you're still doing well. I can't help on the disability, but there are folks here on the site that have experience. They will chime in when they see this.

      almost 2 years ago
    • cllinda's Avatar
      cllinda

      my best advice is to hire a lawyer. I had been denied twice. Then I contacted a lawyer, and suddenly, things got rolling. I was undergoing bowel surgeries, and then I got a notice to appear in court. I couldn't travel, and the lawyer was able to arrange for a hearing with a judge over the phone. I answered the judge's questions, and within a couple of months, I got disability, and they back-paid me from the original date that I had started the process.
      Don't give up. I hope this helped.

      almost 2 years ago
    • geekling's Avatar
      geekling

      I was too sick to appeal. I never got it.

      Keep trying.

      almost 2 years ago
    • angeldancer's Avatar
      angeldancer

      I appealed the disability. I learned it is how your doctors answers the questions. They need to know that for long term disability there is no cure for you. Short term disability is based on you not being able to work during your treatment. I was denied twice and the third time was a charm but I got a chance to address a judge and he was able to see I was crippled behind all the treatments. By the time I received it I was done with chemo but had a long recovery ahead and I don't think my body has fully recovered. One day at a time. But don't get up. Look up online the disability requirements of being totally disabled for long term disability. I actually represented myself at the end because I knew the jargon that they needed to hear. Everyone was in tears after I gave my testimony. You can do it. Takes some effort though.

      almost 2 years ago
    • LiveWithCancer's Avatar
      LiveWithCancer

      I am glad to hear you are NED! Like everyone is advising, your best luck is probably to hire an attorney. I got my disability with no trouble, but we had an attorney who filed for my husband's. He was turned down, even with the attorney, but won on appeal.

      almost 2 years ago
    • HOBO's Avatar
      HOBO

      Thank you all for your responses. My doctor just says she encourages me to do as much as I can. AND I DO! If having cancer, surviving treatment, being pushed into retirement and now just trying to live a life of some quality is not enough, a person must fight the bureaucrats over wellness. My preference, as it would be all those diagnosed, just to have our pre cancer lives back. But, I am alive and grateful to be here.

      almost 2 years ago
    • cllinda's Avatar
      cllinda

      Because of many cases of fraud, they make the legitimate people go through many hoops just to get what they deserve. It's very seldom that people get disability on the first try. They need to appeal and appeal until they get it. Which sucks. i also thing they do this on purpose so that people just give up. Lawyers usually take these cases on with no charge to you if they don't win. But if you do win your claim, they take generally 25% of the back pay or $6,000,which is the cap that they can take from you. Find a lawyer's group that specializes in these cases.
      The lawyer's group interviewed me, helped me prepare for the court case, and were there at the courthouse for me. Because I was so sick from surgeries, I couldn't travel, so a phone call with the judge was set up for me. I was on the phone for an hour with the judge. Then they said I could hang up and they continued my case. My lawyer called me on the way back to his office, and said that it looked really good for me. Then it took about 10 weeks for the final decision to come through and then checks started.
      It seems like a scam that you have to hire a lawyer, but that's just the way it is. It is worth it when you start getting those checks monthly. Good luck to you.

      almost 2 years ago
    • HOBO's Avatar
      HOBO

      Cllinda,
      I called four legal offices that specialize in private disability claims. None of them wanted to help. I finally got one to say it was because they could not get enough $$ off my case. They would take it on a fee basis though, but none on contingency. If this were state disability that would be different. I was a government worker the last 20 years so I don't have enough credits in recent years. I will do my best. Thanks for your help.
      Jane

      almost 2 years ago
    • cards7up's Avatar
      cards7up

      This sounds like LTD through your employment and if you're currently not receiving treatment, then your doctor can either say you can't work due to debilitating side effects from treatment or clear you go to back to work. Why are you being denied?

      almost 2 years ago
    • HOBO's Avatar
      HOBO

      Cards7up,

      I am being denied because I am NED. They do not want to recognize that treatment (chemo and radiation) have left me with lasting side effects. I received a copy of the most recent Letter my oncologist wrote for me to use that says I am suffering with long lasting side effects of neuropathy and anemia and fatigue. This is LTD through my employer. I had been cleared for part time work and returned but was never able to work more than part time. My employer decided to no longer accommodate me after one year of part time. I was forced into retirement. Prudential continued to pay partial benefit for another year to bridge my FT salary and my retirement payments. Prudential tried to get me social security disability but I don't qualify. As I write that, I need to include that as part of my appeal. Prudential paid for an outside contract service to try to qualify me for SS disability.

      almost 2 years ago
    • BoiseB's Avatar
      BoiseB

      HOBO are there any advocacy agencies in your area. These are lawyers who do pro bono work for some specific group, such as battered spouses, developmental disabilities or other health problems. I see you are over 60 you might check in with the California Counsel on Aging. Our senior center has legal advice once a week it is one on one. livestrong.org has lists of financial resources

      almost 2 years ago
    • HOBO's Avatar
      HOBO

      Boise,
      Thanks for the suggestion. Livestrong navigator has agreed to review my written appeal. However, they told me they did not have any legal.services. but I can try the legal advice at our senior center. I called all sorts of legal referral in our surrounding area, but no one does private disability, only social security disability. I never dreamed I would be in this situation. I worked so hard to come back from this. Originally, my gyn/onc was willing to work at making me disabled. I was still in the wheelchair at that time and I did not want to give up. I was determined to return fully. Now I wish I had done it. I really believed with my whole heart I would be 100% again. Found out today my vitamin D and B deficiency is probably due to celiac disease. I need further testing. Keeping my fingers crossed with mega doses my body will absorb the needed nutrients. Alas, I am upright. Still breathing and kicking, just not as high as I would like.

      almost 2 years ago
    • cards7up's Avatar
      cards7up

      Why not go for the SSDI again? Are you still on treatment? Don't know your story, so can't say too much. But that recent letter from your onc should be enough. They may have you go to their doctors as well, but it's worth a try. You won't get Medicare though for 2 years. How long ago were you treated? How long have you been NED?

      almost 2 years ago
    • HOBO's Avatar
      HOBO

      cards7up
      I do not qualify for SSDI as the last 20 years I worked for local.government that did not pay into SSDI. Our city purchased private disability through Prudential in lieu of SSDI. SSDI requires current credits. I paid into the system for 19 years early in my working life. I finished treatment in November 2013. Was not declared NED until spring of 2015 as I had too much radiation damage for doctors to judge. I returned to work on June 3 2014, part time for four hours per week. I tried to work my way back to full time, but never was able to work full time.. after a year at part time, my city employer kicked me to the curb. In order to keep my medical coverage I had to retire. I am stable and NED now as the spots that shows on scans are considered benign. I continue to have anemia, fatigue, and neuropathy in my feet.
      Just this past week I was tested for celiac disease and am pending consult with gastroenterologist. My Vitamin D and B require treatment and doctors are finally trying to figure out why. I know nothing about celiac disease but assume the gastroenterologist will enlighten me. I have no idea if chemo/radiation can cause it or not. All I know at this point is I only have a limited amount of energy. I can successfully manage daily living, but not working and living. When I tried to work, I pretty much went to work and that was it. Maybe getting celiac disease treated will return me to a more energized life. I hope so!!
      Jane

      almost 2 years ago

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