Winning the Denial

I applied for the Working disabled program and got my letter of denial (of course) and sent in my paperwork for a hearing to appeal. I was denied because they say I am not disabled. My doctor says different. I know different.  Does anyone have any ideas on what to do or what to say at my hearing to beat this denial.

What exactly is the Working Disabled Program?  Is it anything like Social Security Disability? 

Working disabled is a program sponsored by the state to keep disabled people working and letting them still draw medicaid. It goes by the same standards as SSI disability. So in order for me to get the medicaid and for it to pay for my RNY, I have to be classified as disabled by SSI standards.

If this program goes by the same standards as SS & SSI then their initial turn down is 99%, they do this to save time and money.  So many never file an appeal. First, please get an attorney . . . a disability attorney, or you will be wasting time and money.  Without the attorney, your chances to win your appeal are greatly lowered.  Attorneys working disability denial cases should not charge anything up front . . . if they do - run away and quickly.  The true secret is that a good Disability Attorney will not take your case unless he is sure he can win - so if he takes your case.  You're 99% assured of eventually winning.  Not so with a general practice attorney, they just dont know the game. Second, make sure the attorney has worked for the Social Security Department at some point in his career. If you are in the Central Arkansas area I would recommend Randolf Baltz.  He won my denial for Social Security, it was painless and everything was done over the phone except for the meeting with the ALJ. Good Luck, Alice 

Thank you, I will look into Mr. Balz

I guess I was one of the lucky 1% who won right away.  I filed for Social Security Disability in Nov 2002, the day I got out of the hospital matter of fact.  One of the workers at the hospital gave me information on it because my Dr said I couldn't go back to work anymore from my lung disease.  But when I filed, the lady who did my appt over the phone put my disabled date as being in July 2002 since I told her (and had medical records to show) that I always had to quit my job in summer because the heat was hard for me to breathe in.  I had only been back to work for a little over a month when I went to the hospital.   I was in and out of the hospital the first half of 2003, and I got my approval letter August 2003.  My aunt on the other hand, who was a stay at home mom, has emphysema, and she was denied multiple times before she was approved.  She was in and out of the hospital to.  She had several different lawyers as well.