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I lost my job in January this year (3rd time) due to issues

 
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  • Answered by:MyVirtualCPA
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I lost my job in January this year (3rd time) due to issues with medical/mental problems I have had ongoing since 1996; worsening problems from narcolepsy and sleep apnea affect the way I think and function. I applied for disability in 2007 but gave up and got another job in March of 2008 which I managed to keep until 2 january of this year. I applied again for disability since I can't do the nursing that I have done for 30 years due to my mentation being a danger to my patients. I also have problems with my right knee and arthritis pain in general making it difficult to climb steps, squat, lift over 10 lbs without increased pain. I could apply for other work (restaurant, cashier, etc. but I found out the hard way they won't even try me due to being overqualified. However, part of the reason for losing my lob is chronic lateness, inability to concentrate, forgetfulness, etc.; which would make the possibility of KEEPING any job I could get pretty slim. I have a lawyer working on my case- I have been denied twice (not including 2007) and am waiting for an appeal again. How do I know if my lawyer is doing everything that needs to be done or if there is any way to speed up the process" I am already next to homeless, my car will be repossessed soon if I can't come up with some money; my roommate and I are not close to bus service so that's a neccessity for us. Help!

 



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Applied at SS office in 2007, gave up after about 8 months and went back to work, Applied in late January this year through a lawyer, called after I got a letter that said " we have asked Dr x for records but haven't received them. Please follow up and ask Dr to send" Lawyer's office says "they'll send them another one,don't worry" (got my 2nd denial within days of that)Am getting ready to go into retirement community with friend due to cost and need for help in home

Submitted: 270 days and 8 hours ago.
Category: Social Security
Value: $30
Status: CLOSED
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Expert:  MyVirtualCPA replied 270 days and 3 hours ago.

I realize you have a question about social security. My goal is to help you better understand your options.

Thank you for your question. I'm sorry to hear about your situation, it must be hard. However, there are a couple of things that I see.

1) you say that you could apply for other work - if you mention anything like this in your social security applications, then that will result in denial because SS will think that you can work. This is not the case from what you say. The key in your paperwork is to point out that you cannot work.

2) The doctor's records are critical, and therefore you or your attorney must get those doctor records to the disability determinaton department. Without those, there's no substantiation for your claim.

For the most part, social security attorneys only get paid once you get approved and receive your Back Pay check. Therefore, your attorney is most likely doing everything that he/she can to get your claim approved. Attorneys don't like working for free. Also, there's no way to "speed up the process" because you are working with a governmental entity, and since our economy has worsened there has been an influx of applications.

** Please take a moment to rate my response as "Excellent" so that I may be compensated for assisting you today. Please let me know if my assistance was anything less than "OK Service", as I am compensated based on whether or not I have assisted you with your issue. If you need further clarifications, PLEASE WAIT TO XXXXX ANSWER UNTIL AFTER RECEIVING FOLLOW UP FROM ME. If I receive anything less than OK Service, I do not get paid, but the Web site will still collect your payment. Thank you for your kind understanding in this matter. If you have difficulties rating, then simply respond stating that you are having difficulties rating and thank me for my excellent, good, or ok service and we can get the rating applied by the site**

Customer replied 269 days and 21 hours ago.

I did not say in my application rhat I could work,actually I said I could nt. My denial letter said I could. I don't know how to prove otherwise. I was sent to 2 doctors who saw me for maybe 5 minutes each. I can walk but with a limp most times, some days worse than others, and have learned coping mechanisms for many of my mental issues that help but n't replace my mind. I have days when I keep going bacause I'm needed

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Expert:  MyVirtualCPA replied 269 days and 20 hours ago.

Thank you for your follow up. Basically, the decision rests on your medical records, what doctors say, and the information in your questionnaire.

When you fill out the forms, you need to let them know about your concentration issues and your mental issues as well as the physical ones.

Please note that most claims are denied intially, and you have better chances now that you have an attorney. They are doing everything they can to get you the benefits you deserve. The key is to make sure that the medical records from your personal doctor make it to Social Security, even if that means getting them and watching the doctors office mail them with your own eyes.

** Please take a moment to rate my response as "Excellent" so that I may be compensated for assisting you today. Please let me know if my assistance was anything less than "OK Service", as I am compensated based on whether or not I have assisted you with your issue. If you need further clarifications, PLEASE WAIT TO XXXXX ANSWER UNTIL AFTER RECEIVING FOLLOW UP FROM ME. If I receive anything less than OK Service, I do not get paid, but the Web site will still collect your payment. Thank you for your kind understanding in this matter. If you have difficulties rating, then simply respond stating that you are having difficulties rating and thank me for my excellent, good, or ok service and we can get the rating applied by the site**

Customer replied 269 days and 18 hours ago.

I understand; my problem (and one of the reasons I went to an attorney) is that some of the questions they asked, such as when something occurred, are the ones I can't answer. For instance my calendar shows I saw a doctor on January 10th, but without that I don't remember if it was Jan or March, or even years if I don't have it written down; I had surgery but don't remember if it was 2010 or 11 without going to records. So making sure I have all the records from all the doctors is an impossibility for me. And without insurance none of the doctors I've been seeing for years and who know me are able to see me so I've had no medical care for my conditions since January (except neuro before insurance cut off) and because the neuro is what I counted on for proof of my cognitive issues as well as neuropathy issues. Is this something the lawyer's office should be doing for me or do I still have the responsibility to do this myself?

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Expert:  MyVirtualCPA replied 269 days and 18 hours ago.

Because of HIPPA laws, it's sometimes difficult for third parties to get medical records. Many attorneys offices are very helpful, but they can hit roadblocks. Just contact your attorney and see what other information he needs for your claim, and ask for his guidance on what to do.

Just stay on this, but realize that many delays are not your attorney's fault; they are the fault of the system because they are overloaded with people trying to get on disability.

You need to make sure that all your documents are accurate, as inaccuracies can lead to denial.

** Please take a moment to rate my response as "Excellent" so that I may be compensated for assisting you today. Please let me know if my assistance was anything less than "OK Service", as I am compensated based on whether or not I have assisted you with your issue. If you need further clarifications, PLEASE WAIT TO XXXXX ANSWER UNTIL AFTER RECEIVING FOLLOW UP FROM ME. If I receive anything less than OK Service, I do not get paid, but the Web site will still collect your payment. Thank you for your kind understanding in this matter. If you have difficulties rating, then simply respond stating that you are having difficulties rating and thank me for my excellent, good, or ok service and we can get the rating applied by the site**

Expert TypeCPA
Category: Social Security
Pos. Feedback: 94.0 %
Accepts: 1150
Answered: 8/9/2012

Experience: Tennessee CPA with a Masters of Accountancy from Ole Miss

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Customer replied 269 days and 18 hours ago.

Sorry I would love to give a tip but im doing well to pay the $30, only managed because my check came in early this am (not much but it helps)

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Expert:  MyVirtualCPA replied 269 days and 17 hours ago.

Don't worry - tips aren't required and positive ratings are highly appreciated. I just appreciate you gave us the chance to work with you.

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Expert:  MyVirtualCPA replied 262 days and 16 hours ago.

Thank you for the positive rating. Please remember me the next time you have a financial question. Simply enter "MyVirtualCPA" in the subject of your question, and it will be routed directly to me. Thank you again for using JustAnswer

 
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