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Can I be denied SSI from social security disability if i have a pre - existing condition ? I was denied in 2010 and 2012 .

Dallas, TX |

In 1994 age 12, I was to see a counselor and prescribed medication for manic disorder. After 6 months or so of treatment my mother discontinued my treatment . She said it wasn't working. Since then I have struggled with all that comes with this illness including trying to keep a job and seizures.

Attorney Answers 4


  1. From your summary, it appears that you may not be represented by an attorney. You should seek the advice of a Social Security Disability attorney as soon as possible. It is important to secure all of your treatment records and seek the assistance of your treating therapist, psychologist and/or psychiatrist.

    I must als assume that you did not appeal the 2012 decision. If this is correct, you will need to file a new application. While it may be possible to ask the ALJ to reopen a prior claim, after examining your medical evidence, your attorney can help you to decide if you should move forward with a new onset date of disability.

    If you are having difficulty finding an attorney to assist you, you can contact the National Organization of Social Security Claimants' Representatives (NOSSCR) for information on attorneys in your area; the web address is www.nosscr.org.


  2. a large percentage of applicants for disability under social security are denied once or twice. It is important to follow the procedure written in the denial letter and appeal. It is not a good idea to file new applications . You need a lawyer experienced in Social Security Disability cases. There are many in the Dallas area. You can also look up qualified attorneys through WWW. NOSSCR.ORG -- This is the National Organization of Social Security Claimants' Representatives

    -Marion W. Cain Law Offices of Marion W. Cain, P.C., 127 Lewis Street, San Antonio, Texas 78212 (210) 226-2161 website: www.marioncainlaw.com email: mwcainlaw@grandecom.net. This posting is provided for “information purposes” only and should not be relied upon as "legal advice". Nothing transmitted from this posting constitutes the establishment of an attorney-client relationship.


  3. SSI will not deny claims for a pre-existing condition. However, benefits are paid based on the date of applicataion. If you apply but then do not appeal, when you start over SSA most often goes from the later date. There are ways an attorney might be able to get the earlier date looked at too, but that is at the discretion of SSA.

    I agree with my colleagues. You need to keep any appeal going and you probably ought to talk to an attorney - curent natiobnal average for claims being approved is about 4 out of 10.

    You may want to talk to an attorney in your area so you can review the specific facts with counsel. If you do not have an attorney, there are a number of good attorneys in your area, some of whom you can find here on Avvo. You may also contact your local city, county or state bar association to see if they have a lawyer referral program, or you may contact your local legal aid office if you cannot afford an attorney.

    You may also contact the National Organization of Social Security Claimants' Representatives (NOSSCR) for the name and email address or telephone number of attorneys in your area. The telephone number for the lawyer referral service of NOSSCR is 1-800-431-2804. NOSSCR's website is www.nosscr.org.

    In addition, you can find a Board certified specialist in Social Security by contacting the National Board of Trial Advocacy. They evaluate lawyers (independently) in many types of claims and require extensive experience and testing before a lawyer is certified. They have a section specifically for Social Security: The National Board of Social Security Disability Advocacy, Divisions of the National Board of Legal Specialty Certification.

    Their link is: http://www.nblsc.us/

    You may also contact NADR (National Association of Disability Representatives) www.nadr.org – automated Telephone Referral System at 1-800-747-6131.

    Most attorneys who do any amount of Social Security work are members of NOSSCR and provide a free initial consultation. In any event, no attorney may charge a fee for work on a social security claim until it has been approved by Social Security. The fee limit is a maximum of 25% of past due or back due benefits you are owed, and many lawyers charge less than the full 25%, and the money is not paid until your claim has been approved.

    I hope this information helps. Good luck to you!
    ------------------------------------------
    Please remember to designate a best answer to your question.

    The exact answers to questions like this require more information than presented. The answer(s) provided should be considered general information. The information provided by this is general advice, and is not legal advice. Viewing this information is not intended to create, and does not constitute, an attorney-client relationship. It is intended to educate the reader and a more definite answer should be based on a consultation with a lawyer. You should not take any action that might affect your claim without first seeking the professional opinion of an attorney. You should consult an attorney who can can ask all the appropriate questions and give legal advice based on the exact facts of your situation. The general information provided here does not create an attorney-client relationship.


  4. SSA does not deny people due to "pre-existing conditions." If you do not have a current application pending, you should reapply. Your prior application could possibly be reopened, depending on the facts and medical evidence. You should seek an experienced SSA disability attorney in your area. NOSSCR is a good source to find such an attorney.

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