Wednesday, October 6, 2010

The System

When an individual becomes disabled they're supposed to file for disability.  Social Security then assigns an adjudicator to work the case who, based on all facts provided, makes a decision.  If the decision is negative it can be appealed.  After the appeal a new adjudicator is assigned the file who goes through the same process.  If this decision is negative the individual can then request a hearing before a judge.  This process takes up to 1 year for the initial decision, 6 months for the secondary, and another 1-2 years for the hearing.
When a veteran becomes disabled they are afforded the right to apply for veterans benefits as well.  This process takes up to 1 year for the initial decision, another year for the secondary, and a minimum of 2 years for a hearing.
People who are disabled like myself have no income, or a single income from a spouse.  This minimal income usually is not enough to sustain a family.
If you request the help of your congressman these times can be reduced, though there is no definitive time frame to begin with.  Because there are so many undefined variables of time it's impossible for anyone to say they can get things done by a specific date.
Both the VA and Social Security will often times request that you be seen by one of their doctors.  When the disabled goes to these appointments they are denied the right to have a third party present for protection.  This gives the doctors the freedom to right what ever they want about the appointment.  In my case, the first VA doctor I was sent to was an orthopedic specialist (my condition is neurological) who couldn't turn on his computer and demanded I get an MRI despite the fact that I have an implant.  During the visit I demonstrated swelling throughout the right leg and foot, discoloration of the same, and severe pain.  His notes state that my ankle instability had improved and that I didn't have any symptoms of RSD.  During the appointment he expressed to me that he didn't know what RSD was...
I've been denied by both entities twice now.  I've had multiple doctors confirm my diagnosis and state definitively that I CAN NOT work.  Mind you these doctors are government employed VA doctors and NOT private sector doctors...
This is the system thus far.
The worst part is that every member of government from my Mayor up to the President of the United States have all openly stated that there is nothing they can do to change the system.  A system with no one to hold them accountable....
And get this, even if I am awarded anything further down the road, they don't have to pay any damages for the denials.  Evicted, in pain, unable to even prepare meals.  For all the pain and suffering they cause, they have no penalty.  Not even a percentage rate to be applied over the period of time the award should have been given...
This is the unchangeable system.

2 comments:

  1. I wrote a similar post yesterday. I know what you're going through. As far as anyone can know someone else's plight, at least. I'll try to call later. Sorry I missed you this morning.

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  2. I'm looking forward to our future correspondence, and if it makes sense...
    It's nice to know there are others out there that understand.
    Thank you Kap.
    For everything.

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