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Author Topic: Waiting 18 mos on SSDI!!  (Read 6223 times)

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Offline lookingforu

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Waiting 18 mos on SSDI!!
« on: August 27, 2012, 11:48:26 am »
I'm finally ready to cave here. I've had HIV for 10 years this month, and while my numbers are good (1800CD4, VL Undet), I have serious peripheral neuropathy pain. I've been on narcotic painkillers, been thru 2 head surgeries for nasal tumors, and can hardly move my arms anymore to the point where I've lost all muscle mass in my shoulders.
   Now, my issue. I havent worked in 18 mos because of the pain, and I decided last year to file for SSDI. I didnt come to this decision lightly because I loved my job and the people I worked with. Of course my claim was denied initially, but now my primary doctor, who is also my ID specialist, refuses to write a letter for my attorney to present on my behalf. He states  "Risk management of this hospital refuses them to do so because it leaves them open to lawsuits".
   My attorney is livid, he states this is all he needs to proceed. In the meantime I've gone totally thru my 401K and my savings is now gone. My truck was repossessed and I had to move in with my 70 yr old mother... HELP!

   

Offline Solo_LTSurvivor

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Re: Waiting 18 mos on SSDI!!
« Reply #1 on: August 27, 2012, 12:10:58 pm »

but now my primary doctor, who is also my ID specialist, refuses to write a letter for my attorney to present on my behalf. He states  "Risk management of this hospital refuses them to do so because it leaves them open to lawsuits".
   My attorney is livid, he states this is all he needs to proceed.
 

So why doesn't your lawyer file a motion to the court for an order or just subpoena the medical records?  Hopefully he'd be able to write supporting documentation that he attempted to obtain your medical information from your doc and was denied, which would be justification for going this route, in order to circumvent and force the doctor to comply, if he is indeed being uncooperative.

Once the information is obtained, I'm sure that the lawyer can present it to the SSA for re-consideration in order for them to process your application.
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Offline mitch777

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Re: Waiting 18 mos on SSDI!!
« Reply #2 on: August 27, 2012, 06:12:56 pm »
hmmm....
i think it may be time to get a new doc.
me: hiv+ for nearly 30 years. my counts have never been as good as yours but as you stated i also very reluctantly recently applied because i know i no longer can do what i loved to do for a living.
we KNOW our own bodies better than anyone.
best of luck to you!
33 years hiv+ with a curtsy.

Offline Ann

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Re: Waiting 18 mos on SSDI!!
« Reply #3 on: August 28, 2012, 07:13:03 am »

but now my primary doctor, who is also my ID specialist, refuses to write a letter for my attorney to present on my behalf. He states  "Risk management of this hospital refuses them to do so because it leaves them open to lawsuits".


I can't help but think your doctor is making this up. How can writing a letter supporting an SSDI application open them up to lawsuits? It doesn't make sense to me. Has your attorney investigated the hospital's policy regarding this to see if it actually exists?

Unless I'm missing something (and I might be), it sounds to me like it may be a case of sour grapes along political lines. Is this doctor possibly an ultra-conservative who rants on about "entitlements" behind closed doors? Could he be refusing to write the letter because he thinks people (not just you) don't "deserve" SSDI - and is just using "hospital risk-management policy" as a smoke-screen?

Good luck sorting it all out. I hope my suspicions about your doctor are unfounded.
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Offline lookingforu

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Re: Waiting 18 mos on SSDI!!
« Reply #4 on: August 28, 2012, 09:39:26 am »
Thanks for the replies people. I did speak with the director of the ID Clinic at the hospital, and she told me the same thing the doctor told me. She added "the forms which he illed out and sent to SSDI are all you need for your lawyer to proceed", then added" this clinic has gotten so large that they now see over 1400 patients, and if the doctor had to write such letters they would never get any work done". She then went on that "Your attorney can speak to Rick Management, and if they tell us to write such a letter then we will comply"
  So basically it comes down to "we wont go the extra step to help you unless we're forced to"
  Did I mention how depressed I am over this??

Offline Denver Toad

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Re: Waiting 18 mos on SSDI!!
« Reply #5 on: August 29, 2012, 01:51:33 pm »
Looking...

I too am up against this,  not for SSDI rather insurance labeling my AIDS a pre existing condition. My saving grace in fighting this has been the last provider I used  has electronic records storage. I've made a copy of everything from the last two years I've had provided. Does your provider have any electronic records you can access? The other thought I had is labs, could you get copies of your labs over the last while and would that suffice as documentation?

I can understand your depression. I'm fighting with this too. Impenetrable bureaucracy, care provider constraints, finding anyone that gives a damm, the continuous "Sorry we can't help", rapidly running out of money, and frankly feeling like a disposable human being. It truly leads to unhealthy thoughts.

Hang in there, I try to remember the system isn't out to screw me personally, rather it's just a fucked up system. All the usual advice rings true, don't isolate, exercise, vent, remember you're not alone, etc etc.
Life is short, Break the rules, Forgive quickly,
Kiss slowly, Love truly, Laugh uncontrollably, And never regret anything that made you smile.

Offline BT65

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Re: Waiting 18 mos on SSDI!!
« Reply #6 on: August 30, 2012, 07:45:11 am »
Just my opinion, but I don't believe the "papers" your doctor filled out are as effective as a letter.  Only because most "paperwork" SSA sends doctors are only medical facts, terms, not a doctor's personal opinion.  And while some people may not look that bad numbers wise, a doctor's personal opinion could tell more about a person's real state.

I think Solo has offered good advice.  Just hang in there.  I know the disability process can seem endless, but at least you're taking those steps.
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Offline OneTampa

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Re: Waiting 18 mos on SSDI!!
« Reply #7 on: August 30, 2012, 09:20:55 pm »
Looking,

I can only echo what others have said.

Hang in there and take are of yourself.

Best.
"He is my oldest child. The shy and retiring one over there with the Haitian headdress serving pescaíto frito."

Offline lookingforu

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Re: Waiting 18 mos on SSDI!!
« Reply #8 on: September 20, 2012, 09:48:10 am »
You guys are AWESOME.. thanks for the encouraging words!!!

Offline intaglio

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Re: Waiting 18 mos on SSDI!!
« Reply #9 on: September 28, 2012, 11:24:13 am »
I posted some tips on another guy's SSDI thread, but don't know how to direct you to it.

Your lawyer can subpoena your medical records, but you should have already filled out forms authorizing SSA to obtain them.

I would find a doctor who is willing to fill out the forms for you and provide what SSA is asking for. Your lawyer should be able to provide you a list of medical professionals their office has worked with that resulted in a positive outcome for all involved.

Hang in there.
Reality is frequently inaccurate.

Offline Ann

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Re: Waiting 18 mos on SSDI!!
« Reply #10 on: September 29, 2012, 06:40:27 am »

I posted some tips on another guy's SSDI thread, but don't know how to direct you to it.


Click here. I read that one right before this one. :)
Condoms are a girl's best friend

Condom and Lube Info  

"...health will finally be seen not as a blessing to be wished for, but as a human right to be fought for." Kofi Annan

Nymphomaniac: a woman as obsessed with sex as an average man. Mignon McLaughlin

HIV is certainly character-building. It's made me see all of the shallow things we cling to, like ego and vanity. Of course, I'd rather have a few more T-cells and a little less character. Randy Shilts

 


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