I've seen some posts re: SS Disability and just wanted to offer up some info based on my personal experience. I'd had multiple areas of pain for 2 decades, and FINALLY got the diagnosis of fibromyalgia a few years ago. I do have other problems, too...among them, degenerative disk disease, arthritis and scoliosis. I finally had to give up working because of pain, so I filed for SS disability. I was denied twice then asked for the hearing. I hired a lawyer who agreed to represent me for 25% of the settlement...but unbeknownst to me, he closed his practice without telling me, or any of his other 200+ disability claimant clientele. I didn't know until I was told by S.S. what happened...and I was just a few weeks away from the hearing! There wasn't time to hire someone else, nor did I want to go thru the hassle again...once burned...and all that. This kind lady told me I could just as easily represent myself, for as she put it, "Who knows better than you what you go thru, so who better than you can convey this??" But I was terrified to speak to the judge, so, I decided to basically write a letter to the judge which I mailed to his office prior to the hearing (I was told I could do this) I outlined everything I went thru, how I had tried to keep working, but I just could no longer due to pain. I also had a copy of my ENTIRE file sent to me, BTW (yes, they will do this) which contained my medical file of personal Doctors, also, the Doctors S.S. sent me to, as well as all notes by case managers at S.S. I encourage EVERYONE to get a copy of this file, as mine contained info that was incorrect, misstated, glossed over, you name it...by either their employees or their Doctors they sent me to. It became clear to me that these people will say and do anything to prevent you from getting S.S. SO, in my letter I disputed things that were said, as well...and the list was lengthy!
When I saw the judge there was little I had to say - it was all detailed in my letter. I need to also point out that fibromyalgia is fast becoming a recognized reason to grant disability. However, and as the judge told me, there are still some judges wo don't recognize it as disabling, but he did, and he ultimately did approve me for disability.
One last thought - on the web site for S.S> disability, there is an area that details ALL health problems that are considered disabling. I haven't been on this site recently, so I don't know if fibromyalgia is listed yet...but there is a section that discusses multiple afflictions and pains as disabling. In other words, maybe arthritis isn't, by itself, disabling, nor any of the other things I have wrong with me, by themselves...but all total, it makes for a general disability.
So, I offer this info as encouragement for anyone who absolutely can no longer work, who thinks they MUST have a lawyer to represent them, and to prove that multiple areas of pain ARE disabling. Good luck to anyone who is currently going thru what I have.
Charlyssa :wave:
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producttramp
02-21-2004, 10:23 PM
Thanx so much for the encouragement.
Your story gives me some hope when I feel like I just keep getting kicked when down.
As a former hairdresser&office assistant, I have been trying for SSD for 2 yrs. I am going to be before a judge soon, still no date. I think my age is what works against me the most (32) but as you said its not necessarily one thing that makes me unable to work but a bunch, for me its FM, c3-4-5 cervical neck instability and pain for 15 years, SI joint dysfunction, carpal tunnel, bursitis, tendonitis, migraines, anxiety, pmdd, ibs, etc.
I do have a lawyer who seems to know whats up but I am still terrified about going to court (Im currently pregnant and scared THAT will work against me too, +age) I have been reviewing my records. My work was what made the difference for us.
I struggle to lift a jug of milk and my last denial made me cry for a hr. saying i can work with minor adjustments. I have to have my husband wash/dry my hair for crying out loud. My kids have someone else to cut their hair even though that was what I loved doing.
I heard SSD is undergoing a major overhaul and hope they start to get it together and not just deny for the sake of saying they did the paperwork.
Thanx again for sharing your story. Please take care and god bless. :)
Charlyssa
02-22-2004, 02:41 PM
Hi producttramp -
I think it was your post that I read before that prompted me to tell my story. I figured there must be others who have tried to navigate thru the horrendous nightmare of filing for disability. I fought for 2 1/2 years an it was an unbelievable stress...and GAD is also one of my disabilities! S.S. never fails to make one feel like a liar and/or a wimp, yet THEY were the ones who actually lied, their Drs. they sent me to, in particular. Did you ever have to do that? This one Dr. had me do "range of motion" tests - he either FORCED me into some of the positions, or worse, on the form he stated I could do various things that he never even had me do, such as crawl, kneel, and a few other things I've since forgotten. I would never have known about these things had I not seen my entire file, which is why I recommended that everyone view their file for inaccuracies.
Clearly you have the laundry list of problems and pain that I have, so I sincerely believe you have an excellent chance. I will keep you in my thoughts and prayers...and your lawyer, too!! One more thing...BELIEVE in yourself, and your disabilities, that you are right and S.S. is wrong. I truly believe that attitude is VERY important, especially when before the judge. I don't know if he will ask you anything, even tho you have a lawyer. But I believe I came across as confident & certain that my disabilities prevented me from working, despite what had been said in my file. Because, if you don't believe in yourself, who will? :) Take care of yourself!
Charlyssa :wave:
producttramp
02-23-2004, 09:21 AM
Hi Charlyssa :wave:[/QUOTE]
Thanx again for sharing. People like you are what are giving me some hope.
I went to one of their so called independent medical docs too and when my 2nd denial came back, his report was one that said I wasnt disabled. Its hard enough for me to admit it nevermind pretty much being told I' nuts for thinking I am and I can work. I dont know what more I can tell them except hope that this judge will understand finally. If I cant do my own hair how can I work doing others all day or sit in an office, typing and answering phones, etc. ? This is one crazy redtape driven system!!
You take care too sweetie. I'll keep you updated. :)
Charlyssa
02-23-2004, 04:56 PM
Hi again producttramp -
Let me tell you something - it's not only crazy & redtape-driven, I think it's also largely corrupt...and, boy, would I love to tell them what I think. Yes, their so-called "independent" Doctors are on S.S. payroll...so exactly how unbiased and....oh, what's the word...(fibro-fog!!) well, "impartial" will do..are they going to be? They initially sent me to 3 of *their* Doctors...one was for the depression/anxiety, yet, if he tested me for these things, it sure didn't seem like it. I was asked questions that seemed more as tho he were testing my intelligence, and, I sat there & played with puzzles...& then had the nerve to put in his report that my depression & anxiety were minor, or words to that effect, & pronounced me capable of working a full-time job. I still laugh at that one. The other Dr. I told you about is the one who contorted me himself, didn't have me do many of the ranges of motion on the chart, then said I did them fine??? The other one more or less gave me a physical...but he spent more time looking in my mouth, nose, ears and a bunch of other things that had nothing to do with my problems...& he, too, said I could work??? The only *true* & accurate tests I had were several x-rays of my entire spine, which proved everything I said I had...& my spine is a trainwreck...and they still said I could work. So, I say loud and clear...corrupt. They don't WANT you to be disabled - they want to believe you can work. I heard that almost everyone gets denied the first 2 times, and that the judge is really your best bet, but even he is an "administrative law judge", a fancy title meaning...he, too, is on their payroll. I honestly never thought I'd have a chance until it got as far as appellate court...a NORMAL judicial court where they WOULD be impartial. So I have to say I was surprised he eventually granted the disability...and I say eventually, because before he decided, he had me go to 3 other Doctors! One of which was, apparently, someone they don't often use. Why? Because this nice lady
who I got to know at S.S. (the one who intially called to tell me my lawyer had absconded, and who also copied & sent me my file) told me that he's known for being more in favor of the disabled person, so they don't use him that much!! I can't remember exactly how she put it, but then I could tell by her manner that she regretted telling me that much. So you see? Corrupt! I am soooo hoping you have an excellent lawyer, and if you want to mention these things to him, please feel free! ;)
Anyway, my thoughts definitely mirrored yours - for a while they even had ME believing I must be wrong, and doubting myself. That changed once I got my file! And it was also difficult for me to admit defeat, that I couldn't work anymore...and then for them to insist I could, it was very frustrating, for sure. There was so much more that I went thru during this 2 1/2 year process..so if you ever have ?s, I'm a post away! :) Take care!
Charlyssa :wave:
Glenda/Bill
02-24-2004, 06:27 PM
:wave: Hi Charylssa,, I myself have been going through the ringer with Soc Sec.
It will be 3 years next month. I have my hearing on March 15th to go before the ALJ. I have been to internal medicine Dr., rheumy's, and now I am going to a psychiatrist. I have fibro, neuropathy, insulin resistant, depression, panic attacks, high blood pressure, osteoarthritis, Irritable Bowel Syndrome, periphial vascular disease, coranary arterial disease (hardening of the arteries) and PAIN :mad: Its so humiliating having to live like this. Plus, my dear sweet husband is on disability and we survive on very little and I have no insurance. Of course my lawyer wanted me to have all sorts of tests so I got a friend of mine who is a Nurse Practioner to do them for me for free. But my wonderful Mother in law is the one who ends up paying for most of my Dr. bills.
Did you have other people write letters for you also about you inability to do work? And how did you feel the day of the hearing? Did you take all your med's? I have had some folks tell me not to take any meds for about three days so they can really tell what you are going thru? I walk with a cane also and I have a knee brace and braces for my hands when they hurt. I don't want to appear like I am trying to fake.
I know what you mean about a bath :D ! Its a chore to take a shower, shave your legs, and dry and fix your hair. I can never do it all at one time.
I may sit with wet hair for an hour before I dry it. Now I have to use an elec razor on another day instead of standing in the shower and trying to shave my legs or sitting on the side of the tub. Its horrible. :bouncing: I can't imagine having to go to work after doing all of that. I only wash my hair twice a week now. Thats on Wed and Sun cause I try and go to church and if I don't go or don't feel like it then I wait till the next day to wash my hair.
People who try and get disability just because are the ones that are hurting those of us who really need it. Unless you have polio, cancer, or awaiting a heart transplant it takes forever. My ex had bad heart problems and I filled out all his disability papers and he got it in 6 months. My present husband has a horrible back and arthritis and he got it in about 9 months. They are both more able than I am to do things. I have worked for 36 years, its not like I wouldn't love to go to work and make some money and have some insurance, nah I'd rather sit home and hurt. :p Sorry, I am getting all upset talking about this.
Do any of you go to a psychiatrist? I went for an interview today. I go next week to see the Dr. I hope my depression will also help me with my disability.
Thanks so much for all your encouragement. Yes, I am going to keep trying cause I don't have anything else to do. I sure can't work.
Take care! :angel:
Charlyssa
02-25-2004, 05:29 PM
:wave: G/B -
I'm so sorry to hear about all you have been, and are, going thru. Much sounds so sadly familiar that I can easily commiserate. The S.S. process is horrendous, with or w/o a lawyer, but hopefully your hearing (Yikes! Right around the corner!! :eek: ) will go smoothely, and the Judge will rule in your favor. Based on all of your conditions, he would be foolish to not!
No, no one actually wrote a letter about my inability to work, but S.S. sent some people I know forms to fill out, generally asking about me, my conditions, had they seen what I go thru, that type of thing. Their responses were in my file, & they affirmed my struggles, pain, etc. Whether this helped or not? Apparently not, insofar as the case managers,anyway. Whether the judge paid attention is anyone's guess. :confused: And I was positively WRECKED the day of the hearing - my mouth felt like there was glue inside and I was scared to death. I even had IBS attacks just prior to being called in and feared I'd be late! I took my meds as usual, tho I doubt it would have made a difference, as I was already sitting when he walked in the room, and he left while I was still sitting, as I was handed forms to sign by an assistant, and I now forget what they were. And right, I fear they may see thru any attempt to make it seem as tho you're worse than you already are.
Yes, I'm seeing a therapist for depression/anxiety, tho this has been since my hearing. We didn't have insurance for a while prior to the hearing, but now that I have Medicare, I am really trying to find ways to help myself in many ways. I truly don't like being disabled, tho I have nothing physically that will ever go away..but at least maybe I can get some help with pain. I only started seeing a therapist last fall, but I still feel I'm not making much progress. But I realize it takes time.
I was surprised to read that your lawyer wanted you to see Doctors! Too bad S.S. didn't have you go, because they would have paid for it.
I am here anytime you need to vent, or if you have a question. Take care of yourself!!
Charlyssa :wave:
Glenda/Bill
02-26-2004, 03:44 PM
:angel: Thanks Charlyssa, your an angel. Yes, my hearing is right around the corner and I meet with my lawyer tomorrow to discuss our strategy. I just want to go in there and pour my heart out. I wish I had a movie camera to make a tape of my day and how I feel. Of course that wouldn't get inside their head or their bodies to know how I truly feel. :eek:
I am going to have a vocational expert there also. Did you? They are suppose to be able to determine if you are able to do the same jobs you have done in the past. I can't bathe much less WORK. But of course who am I to know that and I guess they can't believe everything we tell them. They need proof. :D
I will let you all know how it goes. I am anxious to see what my lawyer is coming up with and how he is going to handle this. I feel like I have done all the work, but we will soon find out.
Take care! and Thanks again. :wave:
Charlyssa
03-08-2004, 04:16 PM
:wave: Glenda/Bill -
Sorry it's taken me so long to get back to you!! You are fast approaching your hearing date and I imagine you're very nervous. I was a mess starting about a week before mine...kept thinking...'what have I gotten myself into', and 'I'll never be able to do this' and 'what was I thinking??' -type stuff. But having a lawyer will make it so much easier for you!!
No, I had no one there except my husband, and he wasn't allowed to sit with me at the table because he wasn't there to 'testify'. The table was HUGE and it was just me. The Judge sat behind a desk 2 stairs up from me and 20 feet away, facing me...and that's also where a court reporter was, to his right, and some other woman behind her. The whole set-up was intimidating, and it wouldn't surprise me if that was the intent. My only saving grace was that I'd typed up my whole 'report' in my defense and there was really nothing left to say. He had it in front of him at the hearing, and only asked me a few questions...and I'm betting the main reason for that was to see if he could trip me up, if my responses didn't match up.
How has it been going with your lawyer? Do you feel prepared, and does he seem to be? If it were me, I'd call him 2-3 days prior just to make sure everything is squared away. They do have other clients so nothing should be taken for granted or left to chance, IMHO. :)
Keep me posted!! Take care.
Char :wave:
Glenda/Bill
03-08-2004, 06:51 PM
:eek: Yes, I am a nervous wreck. Met with my lawyer a week ago and we are meeting again this Friday before the hearing on Monday. I have four letters from lay people about my illness and how I have changed and the things I use to do and can't do now. Also, I went to the Mental Health Clinic here and they did an evaluation on me. They couldn't see me because I was not mentally ill only severely depressed. But the evaluation was very good and said due to my panic attacks and agrophobia I couldn't work. So that was good. I have all the notes from all my Dr. and from someone who did a Physical Capacities Evalation 1 1/2 yrs ago.
I am very nervous. I want to read my comments to the Judge, because I think it will have a bigger impact and I might just add a few more comments to it depending on how it goes. :angel:
My lawyer admitted he hasn't looked at my case until he got the notice about my hearing and now he is calling me everyday or emailing me. He says the judge is very tough and likes all your ducks in a row and that he is not very pleasant. But I am going to be as sweet and poliet as I can be. :D
I have to write down all my medications and who gave them to me and how much I take. I take 9 different pills plus 2 more that I am out of. So, thats my next task today. I am waiting on one more letter and a signed note from my family Dr. saying he agrees with the Capacties test that was done on me.
How long after you had your hearing did it take for you to find out? I heard of one lady saying they told her right there. The judge actually apologized to her for having to go thru the long ordeal of an appeal and that she qualified for disability. I won't be so lucky.
Please pray real hard on Mon the 15th at 11:15......
Thanks for the input, it really helps. :bouncing:
momofjd2b
03-09-2004, 05:09 AM
I was denied SSI Disability too. I thought I had arthritis at the time. I was misdiagnosed for over ten years. I also have depression, hypertension and frequent insomnia. I have premature degenerative disc/bone disease too.
The SSA, of course, made me go to a psychiatrist of their chosing. I've been to a lot of doctors in my life and this guy was a jerk. Took personal phone calls while I was in his office. He would ask questions and as I answered them he would say "Slow Down!", but he kept firing them off. I don't think he gave me the opportunity to answer half of the questions that he asked. Anyway, as I said I was denied.
Now the doctor that treats everything but the depression asked me if I had ever applied for SSID. I told him the story and he said that he thought he had enough evidence and information for a successful appeal and that I would need a lawyer.
I raised a son by myself without the benefit of public assistance. I don't look down on others for taking anything but I'm a lot harder on myself than I am on other people. I don't know if I want to go through this embarrassment again. Did anyone once feel as I do? I haven't worked in almost a year. I would never be able to go back to a demanding job as a Pharmacy Technician., It was my career for 17+ years.
momofjd2b
Charlyssa
03-09-2004, 06:05 PM
:wave: Glenda/Bill -
Good. It sounds like everything is squared away w/your lawyer and he's on top of it. I think it's an excellent idea to bring a statement that you can read to the Judge, as that way, you won't forget anything due to nerves. It's also good that you have these evals to bolster your case, and that there is agreement that you cannot work. I honestly feel that you have an excellent chance of being granted disability then and there. I realize there's no guarantee, and it's a bit frightening to hear that you have a tough Judge. But, he has to be fair, and he must adhere to the S.S. guidelines of eligibility. Have you been on S.S.'s website? Because you can find the criteria they use there, and very well detailed. Depression is a reason for disability...or at least it was a couple of years ago. Things may change, but this site should provide up to date info.
No, I wasn't granted disability at the time of the hearing because the Judge wanted me to see 3 MORE Doctors. One of my 'beefs' was that I wholeheartedly believed that the 1st 3 doctors were obviously biased in favor of S.S. and I stated this to the Judge in my 4 page letter. :eek: One Dr. he wanted me to see was a rheumotologist, because MY Dr.'s diagnosis wasn't enough for him. My hearing was in Oct., I saw these Doctors in Dec., and then I rec'd the letter from the Judge in Mar., I believe it was, in which I was granted disabilty. I hope you will have a determination while you're at the hearing!!
Yes, I will say a prayer for you while I'm also praying for my hubby. The 16th he has a bimonthly visit with ENT to make sure his throat cancer hasn't come back. God will be very busy on the 15th. :)
Take care!!
Char :wave:
Charlyssa
03-09-2004, 07:08 PM
:wave: momofjd2b -
I'm sorry to hear of everything you've been going thru. The S.S. system and THEIR doctors...UGH!! Don't know if you read a previous post of mine where I described seeing one of their 'doctors' for a depression/anxiety eval, & I spent most of the time playing w/puzzles and having my intelligence tested. It seems they go out of their way to find reasons to deny people. These people they send you to are on S.S. payroll so obviously they're not going to bite the hand that 'feeds' them! :nono:
I do understand how you feel re:S.S.I. as many years ago I was on and off welfare. My ex was a jerk who kept deserting me and my children. I was sick a lot and only could manage a parttime job. Had it not been for welfare...I shudder to think. I, too, felt bad taking this money...but I also had worked for many years and paid taxes...and did for many years after that...to support many people on welfare who COULD work but chose not to. You have well paid into the system, too...and now YOU are in need. So please don't feel bad about this. I think most all of us would rather work if we could than accept SS benefits that are substantially less than we could have earned working.
How long has it been since you last filed for SS? You may have to refile and navigate thru the system again if it's been a while. S.S. can answer this for you. But, on the plus side, this time you may win!!
Good luck to you!
Char :wave:
momofjd2b
03-09-2004, 07:28 PM
Hi Char,
Thanks for your message. My SSID claim was denied on November 25, 2003. Do you know if it's too late to file an appeal. Also, if the facts have changed (ie depression is better but have been rediagnosed as having FM not arthritis) do I have to start over?
Thanks
momofjd2b
Charlyssa
03-10-2004, 03:02 PM
:wave: momofjd2b -
I cannot say with 100% certainty but I think you may have to reapply. Just give S.S. a call at their toll free # which you probably have in the mountain of paperwork they'd sent you. :) If I'm not mistaken, and if I remember correctly from my own case, once they send you a denial, you have 60 days from the date of the denial letter to request, in writing, either a review/appeal or a hearing. Which one you request would depend on at what point you are in the process. For example, I was denied the first time, I then asked for a review, was denied again, and then I asked for a hearing.
If you want to find out in depth info and if you're anything like me and hate to sit on hold forever waiting to speak to one of their reps, you can access them at www.ssa.gov They even have a section where they provide the criteria they use in deciding if someone is disabled. It's lengthy but informative. In fact, the whole site is very informative and answers many. questions people usually have.
Best wishes,
Char :wave:
momofjd2b
03-10-2004, 04:11 PM
Thanks Char for the information. The chronic fatigue syndrome has got me today. I'll investigate on Monday after I see my doctor again.