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I'm scared about my upcoming CDR...

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Mike

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Oct 20, 2009, 3:59:11 PM10/20/09
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Hello all,

First post to the group...just wanted to say thanks for providing such
great info. I must admit that I'm scared about my current CDR
process.

Some background, I'm 34 years old now. I went on SS disability in Aug
04 after spending a year recovering from a surgery accident while I
was in the USAF in Aug 2003. During a routine appendectomy, my doctor
accidently severed my external iliac artery which resulted in
compartment syndrome of my lower right leg. Because of this, over 85%
of the muscles in my lower right leg were removed and I now suffer
from severe neuropathy, lower back pain osteoporosis, dysesthesia,
steppage gait, drop foot and some other things including constant
nerve pain that comes and goes in spasms. I've got this issue where I
can't sit down too long, because my leg swells up if I'm stationary
for too long, and I of course can't stand up for long periods of time
because of the dysesthesia (which really sucks if you've ever
experienced it). Because of the loss of muscle, my knees and my right
hip are starting to wear out now, too...I have a doctor's appt today
to get it checked out and maybe get some pain meds because it's been
bad the last three weeks.

Anyways, it's been 5 years since I was put on disability. It was
honestly a complicated time for me, and I don't quite remember the
reasons I was awarded it. I've done alot of research into the current
automatic disability listings, and I don't quite see why I was awarded
it, as most of the damage is in one leg only, where it says you need
to have two extremities or more. I'm not sure if it's because it's a
musculoskeletal or neuropathic award. I still have my award letter,
but it doesn't say whethere it's MIP, MINE, or what...and doesn't say
when the next review but as I said, it's been 5 years since.

I'm not sure what triggered the CRD, but in 2008, I started managing a
non-profit website for a little bit of extra cash...I make maybe about
60 bucks a month extra for some little updates I do.

The reason I'm worried, is that although I've been to the doctor alot
lately (I was diagnosed with Diabetes Type 2), it hasn't been
specifically for my original surgery accident. I don't take pain
medications because I'd rather live with the pain than ruin my liver,
so once I got off of Fentanyl, I never took anything other than an
occasional does of neurontin. The last visit I had to the hospital
was to get a brace made-up for my foot drop, but that was over a year
ago.

Nothing has changed...in fact, it's gotten worse with the diabetes and
knee/hip problems, but I'm not sure if my medical records reflect
that. Nothing really will change because I lost that muscle, and it's
gone, and the resulting nerve damage is permanent. I've been told
that it's peripheral nerve damage which I think may be one of the
automatic disability listings...but I'm not sure.

I filled out the long form CDR as honest as I could...I'm afraid of
the questions it asked, becuase I don't need help to do anything
really, I just can't do it for long periods of time. I can wash
myself, cook for myself, and get around okay...I just have to have
breaks every so often and put up with the pain. I try to be as
independant as possible, and I rarely complain about it. I wear a
brace, and occasionally use a cane if I have to walk or stand for long
periods of time.

I'll be up front and honest...I'm really scared of losing my
disability as my wife and are close to closing on a house this
month...the CDR couldn't have come at a worse time. I'm already
stressed out over the loan process, and the idea of losing my
disability after purchasing a house scares the crap outta me. I'm so
worried...the idea of trying to find a job that I can work 80 hours a
month at with my problems really does scare me. I know telling the SS
agent this won't help a dam probably...but I don't know what to do
really.

I'm just wondering, would it be okay to call the SS office and ask
what my review level is (MIP, MINE, etc.)...and if there's anything I
can do to find out how long the process will take before I know if I'm
okay? I just don't want to do anything that might disrupt the process
or make me lose my disability.

What do I do?

Thanks all,

-Mike

mb_...@bellsouth.net

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Oct 20, 2009, 5:24:33 PM10/20/09
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On Tue, 20 Oct 2009 12:59:11 -0700 (PDT), Mike <hawai...@gmail.com>
wrote:

Did you report this as a self-employment attempt?

I really see nothing in your narrative above that would lead me to
suspect you are at risk for losing your benefits. You may not have
been awarded under an automatic listing, but rather under the
accumulated effects of multiple problems.

Actually, IMO, the CDR couldn't have come at a better time. You'll
have enough on your hands with moving, and getting a CDR out of the
way now will reset the clock so you won't have to deal with it again
for a while.

>What do I do?

Be honest about your impairments and the way they affect your life.
Mention any and all new ailments that have come up since your
approval. And stop worring.:-)

Jack

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Oct 20, 2009, 6:03:29 PM10/20/09
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On Tue, 20 Oct 2009 12:59:11 -0700 (PDT), Mike <hawai...@gmail.com>
wrote:

>Hello all,

Your allowance probably was based on the listings as a result of a
combination of multiple impairments rather than on medical-vocational
factors because of your age. However, it's possible for a younger
person to be awarded based on medical-vocational factors if he can
neither sit nor stand for prolonged periods.

http://www.ssa.gov/OP_Home/rulings/di/02/SSR83-12-di-02.html

http://www.ssa.gov/OP_Home/rulings/di/01/SSR96-09-di-01.html


>I'm not sure what triggered the CRD, but in 2008, I started managing a
>non-profit website for a little bit of extra cash...I make maybe about
>60 bucks a month extra for some little updates I do.

I assume that you have reported this work activity even though it is
below SGA and even TWP levels.

Work activity per se does not trigger a medical CDR if the person has
been on the rolls for two years.

https://secure.ssa.gov/apps10/poms.nsf/lnx/0413010012!opendocument

MIPs are three years, while MINEs are 5-7 but both can be delayed if
your DDS is backed up with initial cases and MIEs. However, at this
point it is moot as to whether you were categorized as a MIP or MINE.
It doesn't matter because you said that you received the long form
(SSA-454) which means that a CDR is imminent, regardless of whether
you were MIP or MINE. CDRs are subject to the medical improvement
review standard which in a nutshell means that SSA has to jump through
additional adjudicative steps before they can cease entitlement, as
opposed to the number of steps used in initial claims. This
translates to a 72% continuance rate for first-level CDRs as opposed
to 30-40% for initial cases.

https://secure.ssa.gov/apps10/poms.nsf/lnx/0428005010!opendocument
______

A first-level CDR takes about the same amount of time to adjudicate,
as does an initial case, i.e., about 100 days.

Mike

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Oct 20, 2009, 6:32:45 PM10/20/09
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On Oct 20, 12:03 pm, Windsw...@home.home (Jack) wrote:
> On Tue, 20 Oct 2009 12:59:11 -0700 (PDT), Mike <hawaiita...@gmail.com>
> as does an initial case, i.e., about 100 days.- Hide quoted text -
>
> - Show quoted text -- Hide quoted text -
>
> - Show quoted text -

I appreciate all of the info everyone...thanks Jack, and thanks mb for
the quick response. Jack, you really are a great help, and I'm sure
everyone appreciates the extra time you put into this. You're a
lifesaver. I did report my earned income each year, but I did not
report it as an self-employment attempt. 100 days is a long time to
wait.

But I guess the only thing to do is just sit back and wait, talk to my
doctor, and try to relax a little. I assume the SS office will
request my records for a review, and hopefully, my latest appt will be
there when they get sent out. Is there anything else I should do to
prepare for this or help it along?

Jack

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Oct 20, 2009, 6:49:45 PM10/20/09
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On Tue, 20 Oct 2009 15:32:45 -0700 (PDT), Mike <hawai...@gmail.com>
wrote:


>But I guess the only thing to do is just sit back and wait, talk to my
>doctor, and try to relax a little. I assume the SS office will
>request my records for a review, and hopefully, my latest appt will be
>there when they get sent out. Is there anything else I should do to
>prepare for this or help it along?

If the first level evidence (symptoms, signs, laboratory findings) do
not support continuance, SSA will focus on your treating physician's
opinions. He should submit those opinions in the proper format. He
should not say "Mike is disabled" or "Mike cannot work" because your
MD is not an authority on SSA's rules or the world of work. Instead,
he should couch his opinions in work-related terms: "Because of Mike's
neurological and musculoskeletal impairments, he can neither sit nor
stand for prolonged periods, but must change positions frequently. He
can lift no more than ______ lbs., nor carry more than _____ lbs. He
frequently needs to use a cane even on level terrain. His ability to
stoop and crouch are severely constricted."

In other words, he should couch your limitations in work-related
terms, rather than make blanket statements that you're disabled.

According to regulation, if his properly-formatted opinions are well
-supported by the objective findings, SSA must give them controlling
weight.

I assume that you weren't shy about reporting your symptom of pain
especially how if affects your ability to sit and stand, and you must
frequently lie down during the day.

Mike

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Oct 20, 2009, 7:27:36 PM10/20/09
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On Oct 20, 12:49 pm, Windsw...@home.home (Jack) wrote:
> On Tue, 20 Oct 2009 15:32:45 -0700 (PDT), Mike <hawaiita...@gmail.com>

Initially yes, but as I said I haven't been to the doctor for awhile
specifically for the surgery accident. I've made mention of the
problems before, but it's been awhile since I've actually sat there
and told a Doctor "Hey, I'm hurting!". I've just put up with it and
deal with it. That's one of the reasons I'm worried, because I
haven't had the doctor document any of this lately/recently. Just the
diabetes stuff...so that's why I'm wondering if SS will still consider
my situation the same as when I did the initial application.

Jack

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Oct 20, 2009, 9:15:47 PM10/20/09
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On Tue, 20 Oct 2009 16:27:36 -0700 (PDT), Mike <hawai...@gmail.com>
wrote:

>On Oct 20, 12:49=A0pm, Windsw...@home.home (Jack) wrote:
>> On Tue, 20 Oct 2009 15:32:45 -0700 (PDT), Mike <hawaiita...@gmail.com>
>> wrote:
>>
>> >But I guess the only thing to do is just sit back and wait, talk to my

>> >doctor, and try to relax a little. =A0I assume the SS office will


>> >request my records for a review, and hopefully, my latest appt will be

>> >there when they get sent out. =A0Is there anything else I should do to


>> >prepare for this or help it along?
>>
>> If the first level evidence (symptoms, signs, laboratory findings) do
>> not support continuance, SSA will focus on your treating physician's

>> opinions. =A0He should submit those opinions in the proper format. =A0He


>> should not say "Mike is disabled" or "Mike cannot work" because your

>> MD is not an authority on SSA's rules or the world of work. =A0Instead,


>> he should couch his opinions in work-related terms: "Because of Mike's
>> neurological and musculoskeletal impairments, he can neither sit nor

>> stand for prolonged periods, but must change positions frequently. =A0He
>> can lift no more than ______ lbs., nor carry more than _____ lbs. =A0He
>> frequently needs to use a cane even on level terrain. =A0His ability to


>> stoop and crouch are severely constricted."
>>
>> In other words, he should couch your limitations in work-related
>> terms, rather than make blanket statements that you're disabled.
>>
>> According to regulation, if his properly-formatted opinions are well
>> -supported by the objective findings, SSA must give them controlling
>> weight.
>>
>> I assume that you weren't shy about reporting your symptom of pain
>> especially how if affects your ability to sit and stand, and you must
>> frequently lie down during the day.
>
>Initially yes, but as I said I haven't been to the doctor for awhile
>specifically for the surgery accident. I've made mention of the
>problems before, but it's been awhile since I've actually sat there
>and told a Doctor "Hey, I'm hurting!". I've just put up with it and
>deal with it. That's one of the reasons I'm worried, because I
>haven't had the doctor document any of this lately/recently. Just the
>diabetes stuff...so that's why I'm wondering if SS will still consider
>my situation the same as when I did the initial application.

If you haven't listed even one source whom you have seen since the
prior determination for the neuro-orthopedic impairments, and the
evidence pertaining to diabetes does not support a continuance, SSA
will send you to a contract MD. It would be more beneficial to have
your current neuro-musculoskeletal status documented by your own MD.

earthpots

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Oct 20, 2009, 10:52:43 PM10/20/09
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Mike wrote:

<snip>

> I don't take pain medications because I'd rather live with the pain than
> ruin my liver, so once I got off of Fentanyl, I never took anything other
> than
> an occasional does of neurontin.

<snip>

> -Mike

I see that Jack addressed the issues you brougfht up in your post. He's the
man for all things SSA, so you can't go wrong. I would just suggest you
relax. I went through the full CDR 3 years after I got SSDI. And if you have
gotten worse (as I have over time), and you have doctor's notes with the
additional problems being treated, this is in your favor.

I just wanted to address the comment you made about pain meds. If you use
straight narcotics, your liver is safe. You should worry if using
Tylenol/Acetamenophen/APAP ansd or NSAIDS. Neurontin is more likely to cause
problems (have you seen the side effects list?), than properly titrated
opiates/opiods. Some of the weaker narcotics are combined with APAP or
NSAIDS.

There are low dose narcotics that might be appropriate for you. My mom uses
Dilaudid (Hydromorphone) for evening/night pain relief, in addition to her
twice-a-day NSAID dose. I don't use NSAIDS regularly at all, as my doctor
and I decided to try natural anti-inflammatories/Cox 2 Inhibitors (Lecithin,
Omega 3 and Turmeric). I use Dilaudid during the day, and MS Contin
night/evening. Dilaudid comes in as low as 2 mg. Opiates are one of the
safest meds for ling-term use. They do not damage the body.


For neuropathy, have you tried Lidoderm patches? Many people have sworn by
those things. I use them for Occipital Neuralgia. My mom uses them for
neuropathy, she first began using them for shingles. There is a prescription
neutroceutical for neuropathy, even peripheral neuropathy (though it's
target to diabetic neuropathy) called Metanx. http://www.metanx.com/ My
mom is taking it for peripheral neuropathy, and has reported it being very
helpful. You can get it at a discount with an RX Value Card, which is
available via a link from the website I poasted above, in case insurance
doesn't cover it (which my mom's doesn't). Most pharmacies accept that card.

Finally, if you are concerned about common narcotic side-effect's: Opiate
sweats can be treated with Clonidine patches, cognitive/drowsiness problems
with Aricept or Provigil.

Please don't feel you have to go without adequate pain relief, because you
worry about damaging your liver or other organs. Just avoid APAP and NSAIDS.
You might want to visit alt.support.chronic-pain for support and ideas for
dealing with chronic pain.

Finally, if you can snag one (try eBay or Craigslist), the original Contour
Lounge Chair would be ideal for you. I live in mine. Has built-in heat,
massage, you can elevate your legs, rotate to a zero gravity position to
help re-align your spine; this chair is well-constructed and worth the
money. I got extemely lucky and found one for only $42, but generally they
run around $300 and up used. This is a chair that is $2500 and up (Mine was
just over $3000 originally). It has been my savior many times over, with
regards to pain relief.

Here's to pain-free (or greatly pain-reduced) days!

--
Carol
Contessa of Consternation
Known to leave foes discombobulated

Autistic Spectrum Code v.1.0
AS? d- s--:+ a+ c+ p+ t-- f S+ p@- e+ h- r- n+(-) i+ P m-() M
http://www32.brinkster.com/ascdecode/

"I have run rings around you logically". Monty Python


Email at clay_p...@nospam.com, removing the 'nospam' and replacing
with 'msn'.

Mike

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Oct 21, 2009, 12:53:21 AM10/21/09
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> target to diabetic neuropathy) called Metanx.http://www.metanx.com/  My
> AS? d- s--:+ a+ c+ p+ t-- f S+ p@- e+ h- r- n+(-) i+ P m-() Mhttp://www32.brinkster.com/ascdecode/

>
> "I have run rings around you logically". Monty Python
>
> Email at clay_pots...@nospam.com, removing the 'nospam' and replacing
> with 'msn'.

Thanks Jack, and thanks Carol. That was a heckuva lot of information
about stuff that I have absolutely no clue about. I just know that I
got addicted to Fentanyl and it made me really, really sick, so I
refused to take any further pain medication for fear of messing myself
up even more. They didn't even tell me you could get addicted to the
stuff, and it took me a few months to get over it...it was horrible.

The chair is really interesting, I'm going to go look it up right now.

Jack, I did send them all of my doctor's info, it's just like I said,
I haven't been to a doc in awhile specifically for my problem because
nothing really has changed, and they can't do crap for me. I just got
diagnosed today for some type of bursitis, and some drugs. It doesn't
seem like it may be permanent sort of thing, but with the steppage
gait I have it's a continual problem apparently.

I'm going to have a telcon with my primary care manager to discuss my
CDR and see if she can do an exam or get some notes in my records.
Thanks all!

earthpots

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Oct 21, 2009, 3:00:27 AM10/21/09
to

>


> Thanks Jack, and thanks Carol. That was a heckuva lot of information
> about stuff that I have absolutely no clue about. I just know that I
> got addicted to Fentanyl and it made me really, really sick, so I
> refused to take any further pain medication for fear of messing myself
> up even more. They didn't even tell me you could get addicted to the
> stuff, and it took me a few months to get over it...it was horrible.
>

Fentanyl is a very strong narcotic. I was on it at one time, 50 mcg/hr and
then 25 mcg/hr, but as I added Lidoderm, my biggest pain issue (the
Occipital Neuralgia) was much less, and I reduced and went off of it.
Dilaudid is a very weak narcotic, in comparison to Fentanyl. If most of your
pain is neuropathy related, the Lidoderm and Metanx might be enough to
address most of it. If you use a weak narcotic, such as
Dilaudid/Hydromorphone as a backup for occassional use, you won't run into
addiction issues. Lidoderm and Metanx aren't cheap, so if you have
prescription coverage for them, it helps.


> The chair is really interesting, I'm going to go look it up right now.
>


It really is. As I said, I live in mine. very solid construction, built to
last a lifetime, and then some.


> Jack, I did send them all of my doctor's info, it's just like I said,
> I haven't been to a doc in awhile specifically for my problem because
> nothing really has changed, and they can't do crap for me. I just got
> diagnosed today for some type of bursitis, and some drugs. It doesn't
> seem like it may be permanent sort of thing, but with the steppage
> gait I have it's a continual problem apparently.
>
> I'm going to have a telcon with my primary care manager to discuss my
> CDR and see if she can do an exam or get some notes in my records.
> Thanks all!

--

Carol
Contessa of Consternation
Known to leave foes discombobulated

Autistic Spectrum Code v.1.0
AS? d- s--:+ a+ c+ p+ t-- f S+ p@- e+ h- r- n+(-) i+ P m-() M
http://www32.brinkster.com/ascdecode/

"I have run rings around you logically". Monty Python


Email at clay_p...@nospam.com, removing the 'nospam' and replacing
with 'msn'.

Relayer

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Oct 21, 2009, 6:37:34 AM10/21/09
to

It's unlikely you will be cut off nut this happens time and again,
where people, once they are approved, stop seeing a goctor. Has their
ailments suddenly disappeared where you don't need medical care> (Im
speaking generally, not you)

You HAVE to continue visiting doctors on a regular basis. Seeing one
of their own will work against you

SoundChaser

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Oct 21, 2009, 3:01:03 PM10/21/09
to
"Relayer" <relay...@aol.com> wrote

You HAVE to continue visiting doctors on a regular basis. Seeing one
of their own will work against you

Oh, I dunno. When I went to the gubmint doctor he found a
condition that I'd had since birth that no one, including me, knew
anything about.
SoundChaser


David "Doc" Leifheit

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Oct 23, 2009, 5:22:50 PM10/23/09
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Relayer <relay...@aol.com> wrote in news:381b40f7-a097-4737-93ac-2c24caa7fb39
@p36g2000vbn.googlegroups.com:

> You HAVE to continue visiting doctors on a regular basis. Seeing one
> of their own will work against you

You don't have to continue visiting doctors.
I can't even remember the last time I saw a doctor.

The last time I had to see a doctor for my claim I had to go to their doctor, that was the only option (as
I can recall). He was a floating doctor, using someone elses' office on a weekend.

mattk15

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Oct 23, 2009, 6:07:36 PM10/23/09
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"SoundChaser" <b...@sleep.home> wrote in message
news:hbnlpi$6cm$1...@news.eternal-september.org...

DITTO-IMHO you should be examined by your doctor at least once a year (
that's a given if get prescriptions for meds, therapy etc). Establishing and
maintaining a good patient/physician relationship from the get go is
something to be considered.
I would think any CDR with no regular physician reports would be a red flag
to SSA.

Mike

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Oct 24, 2009, 1:16:13 AM10/24/09
to
On Oct 23, 12:07 pm, "mattk15" <matt...@gmail.com> wrote:
> "SoundChaser" <b...@sleep.home> wrote in message
>
> news:hbnlpi$6cm$1...@news.eternal-september.org...> "Relayer" <relayer...@aol.com> wrote

> > You HAVE to continue visiting doctors on a regular basis. Seeing one
> > of their own will work against you
>
> >    Oh, I dunno. When I went to the gubmint doctor he found a condition
> > that I'd had since birth that no one, including me, knew anything about.
> >    SoundChaser
>
>  DITTO-IMHO you should be examined by your doctor at least once a year (
> that's a given if get prescriptions for meds, therapy etc). Establishing and
> maintaining a good patient/physician relationship from the get go is
> something to be considered.
>  I would think any CDR with no regular physician reports would be a red flag
> to SSA.

Welps...found out what triggered it. Someone reported me for FRAUD.
I'm Chairman of a non-profit organization, registered with the state
here. I don't get a paycheck, and the only thing we do is hold a huge
car show every year, which is why we're registered. We're trying to
get a racetrack built here. I don't race, but I used to love it
before the accident. I've pretty much volunteered my time and money
for the past three years trying to get something built here when I
can. It's not alot...but it's something.

Anyways, the SS agent called me today and told me that I was reported
for fraud and that they had seen the websites I manage and that we
have all these sponsors and that they wanna know where the money
went. I'm so upset right now...we don't make any money, the car shows
are free, and the sponsors are the ones that make the show happen. No
money goes into my pocket, in fact, I usually take over a thousand
bucks outta my pocket when we hold the event. It's the one thing that
makes me feel like I'm doing something. I've got all the records
(minus a few reciepts) to show where the money comes and where it
goes. And like I said, I don't get a paycheck. I do have access to
the account, but so does my Treasurer. The only time there is money
in it, is when we're doing the show, and it all goes to the show, or
paying food for our volunteers and misc. crap like tape, power cords,
etc.

The other website is something I run and manage...it's not a full time
thing, just something I do with my spare time. I don't even make any
money off it, it all goes to the guy that pays for the site and does
the taxes. I just manage it. Heck, we're in the hole...we pay like
200 dollars out of our pocket every month just to keep the thing up.

I can't lose my disability because of volunteering for an NPO or
manage a website for a few hours a day can I? That just seems
ridiculous. I know who reported me, too...it's this guy that's really
vindictive and absolutely hates me. He's always badmouthing me and
calling me names...etc. He's the only person I can think of that
would do something like this.

I'm really, really upset about this. The SS rep sounded really upset
at me...like I had already done something wrong?

Relayer

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Oct 24, 2009, 8:59:41 AM10/24/09
to
On Oct 23, 5:07�pm, "mattk15" <matt...@gmail.com> wrote:
> "SoundChaser" <b...@sleep.home> wrote in message
>
> news:hbnlpi$6cm$1...@news.eternal-september.org...> "Relayer" <relayer...@aol.com> wrote

> > You HAVE to continue visiting doctors on a regular basis. Seeing one
> > of their own will work against you
>
> > � �Oh, I dunno. When I went to the gubmint doctor he found a condition
> > that I'd had since birth that no one, including me, knew anything about.
> > � �SoundChaser
>
> �DITTO-IMHO you should be examined by your doctor at least once a year (
> that's a given if get prescriptions for meds, therapy etc). Establishing and
> maintaining a good patient/physician relationship from the get go is
> something to be considered.
> �I would think any CDR with no regular physician reports would be a red flag
> to SSA.

Doctor Dave evidently has never gone through a full CDR. You need to
see your doctor a MINIMUM of once a year for EVERY alinment you
claimed has disabled you.

Go to one of the paid contract Doctors and you are a dead man walking.
The one I originally (upon application) was a freakin psychiatrist
(who of course said I wasn't disabled) as I didn't even claim mental
illness as a disability.

Now, after my failed transplant, a on-going malpreatice suit and a
number of new disabilities casued by thw surgery, I am 100% certain if
I went through one again I would pass.

But I read here all the time people "not seeing doctors for years". If
that is the case, you are a M-O-R-O-N.

It's their contract doctors aim to get you yanked from the rolls. I
suggest BIG TIME to get a doctor, get one now, that would support your
claom. I went through a full CDR and if I relied on their doctor, I
would have been knocked off the roles when in effect, I am slowly
dying.

The government is billions in debt now. They certainly be looking to
trim the SSDI rolls.

Jack

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Oct 24, 2009, 9:17:25 AM10/24/09
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On Fri, 23 Oct 2009 22:16:13 -0700 (PDT), Mike <hawai...@gmail.com>
wrote:

>On Oct 23, 12:07=A0pm, "mattk15" <matt...@gmail.com> wrote:
>> "SoundChaser" <b...@sleep.home> wrote in message
>>

>> news:hbnlpi$6cm$1...@news.eternal-september.org...> "Relayer" <relayer...@ao=


>l.com> wrote
>> > You HAVE to continue visiting doctors on a regular basis. Seeing one
>> > of their own will work against you
>>

>> > =A0 =A0Oh, I dunno. When I went to the gubmint doctor he found a condit=
>ion
>> > that I'd had since birth that no one, including me, knew anything about=
>.
>> > =A0 =A0SoundChaser
>>
>> =A0DITTO-IMHO you should be examined by your doctor at least once a year =
>(
>> that's a given if get prescriptions for meds, therapy etc). Establishing =


>and
>> maintaining a good patient/physician relationship from the get go is
>> something to be considered.

>> =A0I would think any CDR with no regular physician reports would be a red=

You have to report work activity regardless of how little you "earn."
This is especially true of self-employment where market factors can
affect the amt. of earnings, and they judge you on the amt. of effort
you put into the business.

However, this does not apply to hobbies.
_______

https://secure.ssa.gov/apps10/poms.nsf/lnx/0410501001!opendocument

(...)

�Substantial gainful activity� means the performance of significant
physical and/or mental activities in work for pay or profit, or in
work of a type generally performed for pay or profit, regardless of
the legality of the work. �Significant activities� are useful in the
accomplishment of a job or the operation of a business, and have
economic value. Work may be substantial even if it is performed on a
part-time basis, or even if the individual does less, is paid less, or
has less responsibility than in previous work. Work activity is
gainful if it is the kind of work usually done for pay, whether in
cash or in kind, or for profit, whether or not a profit is realized.
Activities involving self-care, household tasks, unpaid training,
hobbies, therapy, school attendance, clubs, social programs, etc., are
not generally considered to be SGA.

(...)
_____

You could argue the point that this is volunteer work as a hobby, but
because the local office has already set the wheels rolling for a CDR,
they're not likely to retract. They'll undoubtedly say that this
activity gives the appearance of work activity and should have been
reported. Even though work activity per se does not trgger a CDR if
you have been on the rolls for two years, they'll justify the CDR on
this basis:

https://secure.ssa.gov/apps10/poms.nsf/lnx/0413001005!opendocument

DI 13001.005 Events Which May Initiate a CDR

(...)

C. Third Party Reports
Someone in a position to know of the individuals physical or mental
condition tells SSA that the person is not disabled, is not following
required treatment or has returned to work, and it appears that the
report could be substantially correct.

(...)
______


SoundChaser

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Oct 24, 2009, 10:13:21 AM10/24/09
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"mattk15" <mat...@gmail.com> wrote in message
news:QOpEm.106648$944....@newsfe09.iad...

More like a big red cape waved in front of a charging bull...


SoundChaser

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Oct 24, 2009, 10:17:02 AM10/24/09
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"Mike" <hawai...@gmail.com> wrote in message
news:564502c5-927b-4e89...@x25g2000prf.googlegroups.com...

On Oct 23, 12:07 pm, "mattk15" <matt...@gmail.com> wrote:
> "SoundChaser" <b...@sleep.home> wrote in message
>
> news:hbnlpi$6cm$1...@news.eternal-september.org...> "Relayer"
> <relayer...@aol.com> wrote
> > You HAVE to continue visiting doctors on a regular basis. Seeing
> > one
> > of their own will work against you
>
> > Oh, I dunno. When I went to the gubmint doctor he found a
> > condition
> > that I'd had since birth that no one, including me, knew anything
> > about.
> > SoundChaser
>
> DITTO-IMHO you should be examined by your doctor at least once a
> year (
> that's a given if get prescriptions for meds, therapy etc).
> Establishing and
> maintaining a good patient/physician relationship from the get go is
> something to be considered.
> I would think any CDR with no regular physician reports would be a
> red flag
> to SSA.

I can't lose my disability because of volunteering for an NPO or


manage a website for a few hours a day can I?

You are working as a webmaster for enough hours a day to earn
quite a chunk of change at it. They can and just might call it your
new career.


That just seems
ridiculous. I know who reported me, too...it's this guy that's really
vindictive and absolutely hates me. He's always badmouthing me and
calling me names...etc. He's the only person I can think of that
would do something like this.

I'm really, really upset about this. The SS rep sounded really upset
at me...like I had already done something wrong?

You have. Unwittingly, but what's done is done.

SoundChaser

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Oct 24, 2009, 10:19:58 AM10/24/09
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"Jack" <Wind...@home.home> wrote in message
news:4ae2fe62...@nntp.aioe.org...

Lucky for him! I stand corrected!


Mike

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Oct 24, 2009, 6:51:30 PM10/24/09
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On Oct 24, 4:19 am, "SoundChaser" <b...@sleep.home> wrote:
> "Jack" <Windsw...@home.home> wrote in message

>
> news:4ae2fe62...@nntp.aioe.org...
>
>
>
>
>
> > On Fri, 23 Oct 2009 22:16:13 -0700 (PDT), Mike
> > <hawaiita...@gmail.com>
>     Lucky for him! I stand corrected!- Hide quoted text -

>
> - Show quoted text -

I think some of you are assuming some things that are incorrect. I
forgot to mention that I don't get paid for the website work that I
volunteer for...both the websites in question are done completely for
free. I don't receive a paycheck from either site, and one of them is
owned outright by another party who pays all the taxes and earns all
the income. I have documentation to prove this.

I do report the income received for the other non-profit I work for.
It is well under the limits of the SS Income limit, and is reported in
my taxes each year. I make maybe, 1000+ a year, substantially less
than the limit which is in the mid $900s a month.

Mike

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Oct 24, 2009, 7:27:18 PM10/24/09
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> than the limit which is in the mid $900s a month.- Hide quoted text -

>
> - Show quoted text -

Also, the amount of work I spend on the websites is less than 1 hour a
day, I take regular breaks, and they are a hobby...not a business.
I'm not web certified, I've never taken any classes, I just taught
myself. I don't have the knowledge to work full time in a real
company either...with my skill level noone would hire me.

I don't see where I did anything wrong. Am I supposed to just quit
being a part of the world just because I have a disability?

mb_...@bellsouth.net

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Oct 24, 2009, 8:22:02 PM10/24/09
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On Sat, 24 Oct 2009 16:27:18 -0700 (PDT), Mike <hawai...@gmail.com>
wrote:

>> I think some of you are assuming some things that are incorrect. I


>> forgot to mention that I don't get paid for the website work that I
>> volunteer for...both the websites in question are done completely for
>> free. �I don't receive a paycheck from either site, and one of them is
>> owned outright by another party who pays all the taxes and earns all
>> the income. �I have documentation to prove this.
>>
>> I do report the income received for the other non-profit I work for.
>> It is well under the limits of the SS Income limit, and is reported in
>> my taxes each year. �I make maybe, 1000+ a year, substantially less
>> than the limit which is in the mid $900s a month.- Hide quoted text -
>>
>> - Show quoted text -
>
>Also, the amount of work I spend on the websites is less than 1 hour a
>day, I take regular breaks, and they are a hobby...not a business.
>I'm not web certified, I've never taken any classes, I just taught
>myself. I don't have the knowledge to work full time in a real
>company either...with my skill level noone would hire me.
>
>I don't see where I did anything wrong. Am I supposed to just quit
>being a part of the world just because I have a disability?

I don't think you paid enough attention to what Jack said, quoting in
part:

>You have to report work activity regardless of how little you "earn."
>This is especially true of self-employment where market factors can
>affect the amt. of earnings, and they judge you on the amt. of effort
>you put into the business.

It's not always about the money. If SSA determines the work you put
into that organization has a significant market value, whether you
were paid or not, they could determine that you can engage in work
activities and terminate your benefits. You should have reported this
activity as a self employment attempt, and you definitely should pay
close attention to ANYTHING Jack has to say on this or any other SSDI
matter.

SoundChaser

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Oct 24, 2009, 8:44:45 PM10/24/09
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"Mike" <hawai...@gmail.com> wrote in message
news:7a21f135-7aa1-4bc6...@a39g2000pre.googlegroups.com...

No, the question is whether you =could= make $1000/mo. doing that
work for someone who would pay you. And you definitely would make that
much. But, since Jack says it falls under the hobbyist exemption it is
not an issue.


SoundChaser

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Oct 24, 2009, 8:47:18 PM10/24/09
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<mb_...@bellsouth.net> wrote

> It's not always about the money. If SSA determines the work you put
> into that organization has a significant market value, whether you
> were paid or not, they could determine that you can engage in work
> activities and terminate your benefits. You should have reported
> this
> activity as a self employment attempt, and you definitely should pay
> close attention to ANYTHING Jack has to say on this or any other
> SSDI
> matter.

Amen!, especially to the last sentence.


Mike

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Oct 27, 2009, 2:29:44 AM10/27/09
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On Oct 24, 2:47 pm, "SoundChaser" <b...@sleep.home> wrote:
> <mb__...@bellsouth.net> wrote

Welps, I went in for the interview. I brought every shred of
documentation I could find to prove that I don't make any income off
of the website I manage, as well as the fact that I spend a minimal
amount of time managing them. I had the guy who owns the sites, pays
for the server, etc. give me copies of all his tax filings, paypal
reciepts, invoices, etc...they're all in his name and show that he
receives all the income generated from it. I also presented the
articles of incorporation, the general excise tax license, and the
bank statements for the non-profit organization I'm part of, as well
as the evidence showing that no income is generated.

I filled out a response to the fraud claim, and I think I'll be okay
as far as the fraud is concerned. I think it's pretty clear cut on
that, but what's get me is the fact I won't get a call to let me know
how it all went after the investigator looks at everything? They
won't tell me if I'm in the clear...the ss rep said that if you get
indicted, then you'll get a call telling you so. If you're in the
clear, they won't call you to tell you squat. You're just left
hanging. Is that correct?

I still have to go through the medical portion of the CDR. I also
asked her what my level of disability was...she said that practically
everyone is considered Medical Improvement Expected, so I was probably
MIP.

I'm still consured as well on whether or not she was the one making
the decision, or if she was just only taking my response towards the
fraud claim?

Mike

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Oct 27, 2009, 2:31:43 AM10/27/09
to

Also, how does the doctor interview work? I have a medical appt with
my primary care manager on Nov 6th. If I get her to send in comments
to the SS Rep, will that take care of the doctor review part?

Jack

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Oct 27, 2009, 8:12:58 AM10/27/09
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On Mon, 26 Oct 2009 23:29:44 -0700 (PDT), Mike <hawai...@gmail.com>
wrote:

>On Oct 24, 2:47=A0pm, "SoundChaser" <b...@sleep.home> wrote:
>> <mb__...@bellsouth.net> wrote
>>

>> > It's not always about the money. =A0If SSA determines the work you put


>> > into that organization has a significant market value, whether you
>> > were paid or not, they could determine that you can engage in work

>> > activities and terminate your benefits. =A0You should have reported


>> > this
>> > activity as a self employment attempt, and you definitely should pay
>> > close attention to ANYTHING Jack has to say on this or any other
>> > SSDI
>> > matter.
>>

>> =A0 =A0 Amen!, especially to the last sentence.


>
>Welps, I went in for the interview. I brought every shred of
>documentation I could find to prove that I don't make any income off
>of the website I manage, as well as the fact that I spend a minimal
>amount of time managing them. I had the guy who owns the sites, pays
>for the server, etc. give me copies of all his tax filings, paypal
>reciepts, invoices, etc...they're all in his name and show that he
>receives all the income generated from it. I also presented the
>articles of incorporation, the general excise tax license, and the
>bank statements for the non-profit organization I'm part of, as well
>as the evidence showing that no income is generated.
>
>I filled out a response to the fraud claim, and I think I'll be okay
>as far as the fraud is concerned. I think it's pretty clear cut on
>that, but what's get me is the fact I won't get a call to let me know
>how it all went after the investigator looks at everything? They
>won't tell me if I'm in the clear...the ss rep said that if you get
>indicted, then you'll get a call telling you so. If you're in the
>clear, they won't call you to tell you squat. You're just left
>hanging. Is that correct?
>
>I still have to go through the medical portion of the CDR.

The problem is that you don't know exactly what your "friend" reported
to SSA. He may have given them a reason for them to question whether
you have improved medically, in addition to your supposed fraudulent
work activity. Hence, the CDR

>I also
>asked her what my level of disability was...she said that practically
>everyone is considered Medical Improvement Expected, so I was probably
>MIP.

Not true. Most are MIPs (medical improvement possible) followed by
MINES. (not expected).

>I'm still consured as well on whether or not she was the one making
>the decision, or if she was just only taking my response towards the
>fraud claim?
>

If this was the local SSA office, she's a claims rep. She gathers
your allegations and non-medical evidence. CRs also make most SGA
determinations and rep payee decisions but she does not make fraud
determinations. She does not make medical disability decisions.

The medical CDRs at the initial stage are done in the DDS which is a
State agency under contract to SSA. The adjudicators are a two-person
team consisting of a disability examiner and physician.

Jack

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Oct 27, 2009, 8:13:03 AM10/27/09
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On Mon, 26 Oct 2009 23:31:43 -0700 (PDT), Mike <hawai...@gmail.com>
wrote:


>Also, how does the doctor interview work? I have a medical appt with
>my primary care manager on Nov 6th. If I get her to send in comments
>to the SS Rep, will that take care of the doctor review part?

This depends on how thorough her evidence is, whether it's sufficient
for a decision, one way or the other.

If not they'll re-contact her for more detail, tests, etc. If she is
unable or unwilling to comply, they send you to a consultative exam at
their expense with a contract MD.

You should list all of your MDs who are treating you for the
impairments that disable you.

Mike

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Oct 27, 2009, 3:43:30 PM10/27/09
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On Oct 27, 2:13 am, Windsw...@home.home (Jack) wrote:
> On Mon, 26 Oct 2009 23:31:43 -0700 (PDT), Mike <hawaiita...@gmail.com>

Thanks Jack, appreciate the info!

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