Social Security Hearing Denial – The Reasons I Was Denied

I feel alone

As promised, here are the reasons listed that I was denied.

First off, it seems that I did not have a social security approved diagnosis. Here is what they have listed for spine (copied and pasted directly from the social security website):

1.04 Disorders of the spine (e.g., herniated nucleus pulposus, spinal arachnoiditis, spinal stenosis, osteoarthritis, degenerative disc disease, facet arthritis, vertebral fracture), resulting in compromise of a nerve root (including the cauda equina) or the spinal cord. With:

A. Evidence of nerve root compression characterized by neuro-anatomic distribution of pain, limitation of motion of the spine, motor loss (atrophy with associated muscle weakness or muscle weakness) accompanied by sensory or reflex loss and, if there is involvement of the lower back, positive straight-leg raising test (sitting and supine);

OR

B. Spinal arachnoiditis, confirmed by an operative note or pathology report of tissue biopsy, or by appropriate medically acceptable imaging, manifested by severe burning or painful dysesthesia, resulting in the need for changes in position or posture more than once every 2 hours;

or

C. Lumbar spinal stenosis resulting in pseudoclaudication, established by findings on appropriate medically acceptable imaging, manifested by chronic nonradicular pain and weakness, and resulting in inability to ambulate effectively, as defined in 1.00B2b.

I do not have any of these. This does not mean that I am not suffering (for those of you who don’t have a spine issue, but who want to know what the social security administration views as a basis for diagnostic approval click the link). I can not believe that they disregarded all of the 900 pages of medical records that I submitted just because I did not have one of these three spinal issues.

Also, as of note, the first diagnosis, if you have that severe of entrapment of the spinal cord or the nerve root to cause cauda equina that is emergency surgery. That is the loss of bowel and bladder function. Also, for the record … YOU CAN HAVE SURGERY AND YOU WILL BE BETTER! Therefore, you wouldn’t need prolonged social security pay. It’s mystifying.

A second reason I was denied was my age. Apparently, you truly can’t be this sick and get social security at 35-38.

Third, they pulled from my record that I rode a bike. I know, I know. You’re thinking .. you rode a bike?!

Yeah … at physical therapy. For 5 minutes. Without the power on.

So the administration went through 900 pages of documents and pulled from my physical therapy sessions that I was “riding a bike” and was therefore not credible.

Want to know what’s not credible? Combing through someone’s medical record and taking something out of context. Being able to ride a bike for 5 minutes at your physical therapy’s office with no resistance at all does not constitute a person being well enough to work an 8 hour day. The administration pulled that piece of information without context. It was like they were searching for something. So disgraceful.

Fourth, they discredited my doctors. This is the one that I am always mystified by. How do people flat out discredit a doctor’s opinion? It makes no sense to me how a judge, who studies in law, can tell a doctor they are full of shit? What was stated was that in some instances he said I could walk ten minutes and others less than that. Well, guess what. Some days are better than others. I think the point that they missed was that it’s never over an hour combined. I just don’t understand how they didn’t look at the overall picture that was presented. Instead, they went searching for something to discredit me for.

In next week’s blog, I will tell you how I think that you can help your case to win social security based on my experience. I don’t want what happened to me to happen to others. Just think of me as I am living out of my car …

Be well …

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Madeline Fresco is a novelist who lives in San Diego. She is the author of CROSSED THE LINE, available for Kindle at Amazon.com, for Nook at Barnes & Noble, and as an ePub at other eBook retailers. You can also listen to her novel as a free, serialized audiobook atmadelinefresco.com. Her second book THE CHOICE, is available on Kindle at Amazon. Her third book ANGUISH, is available for Kindle at Amazon.com

Social Security Denied At Hearing Level

planes and trainsSocial Security denied at the hearing level.

I just don’t understand. I really thought that I would win. I guess, because I deserved to win, plus everyone told me that I would.

I am so screwed now, it’s ridiculous. I have no income. I truly can’t work. I can’t sit for more than five minutes and I can’t stand for more than 2 hours a day – and that’s just once. After that, I need to lay down in one hour intervals. My mind is spacey — always distracted from the pain. If I do try and go out, I’m pretty much laid up for the rest of the day. When I say go out, it’s usually for an hour. Coffee, or maybe a drink. Hardly ever food because I can’t tolerate to wait for it.

Apparently, not being able to bend at the waist, tie your own shoes, or put on your own underwear did not sway the judge. Apparently, not being able to remotely do your own grocery shopping, clean your own house, or get yourself to doctors was convincing to this judge. Apparently, being essentially home bound was not enough for this judge to approve my condition.

I’m so disgusted right now.

If I try and get work now, my simple, few joys in life will be gone. All my energy will be to put a roof over my head and food on the table. My joys of listening to the audiobooks I have will be inundated with more distracting pain from trying to work.

That’s IF  I get a job. Who is going to hire a nurse that can only work from home, in two hour intervals, for a max of 4 hours a day?

I simply just don’t understand how this could happen. I spent my life taking care of other people. I did everything right. I’m such a straight-shooter. I didn’t cheat on my husband, tried to do right by my parents and brother, and this? I’ve been patient over 3 years to get better. No. Not that. Then, despite my quality of life being shit, I now have to worry about where to live, how to live, and how to eat? It’s truly mind-boggling.

My next few posts will be on what the denial letter actually said, which is a whole other conversation. After that, I will offer my advice for people who are starting this process so that they won’t make the same mistakes I did. I truly can’t believe that I had a company, Allsup, represent me for over a year, who had no fucking clue what they were doing and offered no tangible advice until it was too late.

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Madeline Fresco is a novelist who lives in San Diego. She is the author of CROSSED THE LINE, available for Kindle at Amazon.com, for Nook at Barnes & Noble, and as an ePub at other eBook retailers. You can also listen to her novel as a free, serialized audiobook atmadelinefresco.com. Her second book THE CHOICE, is available on Kindle at Amazon. Her third book ANGUISH, is available for Kindle at Amazon.com