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Disability people are doing major maniupulation
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<blockquote data-quote="rlsnights" data-source="post: 410844" data-attributes="member: 7948"><p>I assume he is on SSI as an adult disabled as a child and that this is not his original disability determination.</p><p></p><p>I am a little confused by your post. Is this what you are saying?</p><p></p><p><u>difficult child was previously diagnosed with multiple disabling conditions by 2 different neuropsychologists. That was the basis for his original disability determination.</u></p><p><u></u></p><p><u>For some reason, SSI decided to do a review of his case 5 or 6 months ago (is he on annual review? or every 3 years?).</u></p><p><u></u></p><p><u>They used a report done by Dr. X one year ago for Voc/Rehab as the basis for a denial of disability determination. (Dr. X is a local psychologist(?) who had contact with difficult child when difficult child was much younger.)</u></p><p><u></u></p><p><u>You wrote a letter to SSI saying difficult child is still disabled and attached the neuropsychologist reports to support your assertion of disability.</u></p><p><u></u></p><p><u>SSI now says he must be re-evaluated by Dr. X.</u></p><p></p><p></p><p>Was the revocation of disability determination formally appealed within the required time frame?</p><p></p><p>If SSI didn't have the previous reports from the neuropsychs then what was the basis for the original disability determination?</p><p></p><p>Were the neuropsychologist reports done since he went on SSI?</p><p></p><p>If you look at this from SSI's perspective then it makes sense that they want Dr. X to do a new evaluation. It was his report that they used in the re-determination. They want to see if his position regarding difficult child's level of disability has changed or not. Plus they didn't order the earlier assessment. Voc Rehab did right?</p><p></p><p>As far as I know, the docs who are asked to do a redetermination assessment do not have much access to the applicants previous records. They go by what they are told and what they observe at the time of the assessment.</p><p></p><p>When Dr. X did the assessment for Voc Rehab did he have access to the neuropsychologist reports that you know of? If so and he still wrote an assessment that suggest difficult child is not really disabled it may be a matter of who he was writing the report for. Because it was meant to qualify difficult child for Voc Rehab services he cast difficult child in a favorable light. That has now backfired by messing up his disability eligibility. Unfortunately, when you are on SSI you will have a hard time staying on it if you are also determined to be eligible for Voc Rehab since the two positions are mutually exclusive. If you're so disabled you can't work then you don't need Voc Rehab. If you're able to work and need Voc Rehab then you must not be disabled to the degree required for SSI.</p><p></p><p>You can always pay for a new or updated assessment from the neuropsychs if their previous assessments are several years old and submit that to SSI to counter the report they have from Dr. X. If the situation is as you say then you may just have to keep appealing until you can get to the ALJ level and argue the case directly. That will require an advocate and there is still a chance you will lose.</p><p></p><p>Here's a link to a website that I have found from personal experience offers very helpful, accurate and comprehensive advice about SSI and SSDI applications, denials etc. You might to check it out.</p><p></p><p><a href="http://www.ssdrc.com/" target="_blank">http://www.ssdrc.com/</a></p><p></p><p>If difficult child's parent or legal guardian is on disability, retired or dead, difficult child may qualify for SSDI based on that person's work quarters. This is a totally different program from SSI and is not need based. You can be eligible for both SSI and SSDI and may get payments from both if the SSDI amount is lower than the SSI amount.</p><p></p><p>And here's a link to the SSA info on assistance programs for people on SSI who want to return to work in case that is helpful to you.</p><p></p><p><a href="http://www.ssa.gov/redbook/eng/ssi-only-employment-supports.htm" target="_blank">http://www.ssa.gov/redbook/eng/ssi-only-employment-supports.htm</a></p><p></p><p>Patricia</p></blockquote><p></p>
[QUOTE="rlsnights, post: 410844, member: 7948"] I assume he is on SSI as an adult disabled as a child and that this is not his original disability determination. I am a little confused by your post. Is this what you are saying? [U]difficult child was previously diagnosed with multiple disabling conditions by 2 different neuropsychologists. That was the basis for his original disability determination. For some reason, SSI decided to do a review of his case 5 or 6 months ago (is he on annual review? or every 3 years?). They used a report done by Dr. X one year ago for Voc/Rehab as the basis for a denial of disability determination. (Dr. X is a local psychologist(?) who had contact with difficult child when difficult child was much younger.) You wrote a letter to SSI saying difficult child is still disabled and attached the neuropsychologist reports to support your assertion of disability. SSI now says he must be re-evaluated by Dr. X.[/U] Was the revocation of disability determination formally appealed within the required time frame? If SSI didn't have the previous reports from the neuropsychs then what was the basis for the original disability determination? Were the neuropsychologist reports done since he went on SSI? If you look at this from SSI's perspective then it makes sense that they want Dr. X to do a new evaluation. It was his report that they used in the re-determination. They want to see if his position regarding difficult child's level of disability has changed or not. Plus they didn't order the earlier assessment. Voc Rehab did right? As far as I know, the docs who are asked to do a redetermination assessment do not have much access to the applicants previous records. They go by what they are told and what they observe at the time of the assessment. When Dr. X did the assessment for Voc Rehab did he have access to the neuropsychologist reports that you know of? If so and he still wrote an assessment that suggest difficult child is not really disabled it may be a matter of who he was writing the report for. Because it was meant to qualify difficult child for Voc Rehab services he cast difficult child in a favorable light. That has now backfired by messing up his disability eligibility. Unfortunately, when you are on SSI you will have a hard time staying on it if you are also determined to be eligible for Voc Rehab since the two positions are mutually exclusive. If you're so disabled you can't work then you don't need Voc Rehab. If you're able to work and need Voc Rehab then you must not be disabled to the degree required for SSI. You can always pay for a new or updated assessment from the neuropsychs if their previous assessments are several years old and submit that to SSI to counter the report they have from Dr. X. If the situation is as you say then you may just have to keep appealing until you can get to the ALJ level and argue the case directly. That will require an advocate and there is still a chance you will lose. Here's a link to a website that I have found from personal experience offers very helpful, accurate and comprehensive advice about SSI and SSDI applications, denials etc. You might to check it out. [url]http://www.ssdrc.com/[/url] If difficult child's parent or legal guardian is on disability, retired or dead, difficult child may qualify for SSDI based on that person's work quarters. This is a totally different program from SSI and is not need based. You can be eligible for both SSI and SSDI and may get payments from both if the SSDI amount is lower than the SSI amount. And here's a link to the SSA info on assistance programs for people on SSI who want to return to work in case that is helpful to you. [url]http://www.ssa.gov/redbook/eng/ssi-only-employment-supports.htm[/url] Patricia [/QUOTE]
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