some of you had after your hearings?. Does it list on the approval Ltr?
I have Lupus, Mitral Valve prolapse (now have 2leaking valves dx after 1st applied), undx stomach pain (was on state Dis. for 1yr, till exhausted), fatigue, body pain, rgt arm unable to move for 1 week in 8/06',DX w/fibro in 07', anxiety/panic attacks and other things can't rember right now.
Do you all think because I was on state disability for the year while waitng for hearing that I have a chance of winning?

I'm praying we all get approved, we so need it.
Thanks

Hello.....Sorry to hear about your troubles. I will try to help as much as possible. I'm not a Dr., so I really can't attest to your specific medical condition per se.

In general terms, an applicant is "approved" if a person is found to not be able to secure employment for a job for which the person is suitably trained. It doesn't have to necessarily be "your job" or your last job, but "a job" that you are reasonably trained for. Many conditions are bothersome and hinder a person, but don't necessarily prevent one from performing a job. In fact, SS will use very similar language when denying someone. Additionally, SS will use any angle they can to deny someone....Such as the person still working, or recently working, or an applicant's Doc who isn't 100% behind the patient (doesn't use strong language or is wishy washy for example).

Additionally, "intangibles" come into play such as:

- Ability / inability to show up to work regularly.
- Ability / inability to cognitively function due to meds.
- Short term / long term prognosis of your particular condition.

One of the key aspects of the hearing is the participation of the vocational expert. He / she will testify as to what the applicant can or can't do (such as the above). This person carries a lot of weight because the hearing decision is based on the evidence presented @ the hearing....Just like a regular court hearing. If someone doesn't contest the vocational expert, then their opinion is taken practically as fact. On the other hand, if this person backs you, then it's a slam dunk.

Given the "intangibles" I listed above, it really helps one's case if you (or your Doc) can talk about how you can't make it to work regularly or cognitively function due to meds. Narcotics are usually a great asset for the obvious reasons. When I went to my hearing, I pounded both points home....HARD. The judge even made comments about the side effects of the med(s) and whether or not any business would knowingly allow someone on their property taking my meds.

Also, if you've already been approved by some other insurance company or disability entity, all the better. So, yes, it will help your case. You should reference it as much as possible. In my case, I was approved by my companies LTD policy and it took SS almost 2 years to finally approve.

Hope this information helps, and good luck!

Ex

I agree with Ex 100%.... But there is one thing he forgot.... You REALLY DO need a lawyer.... It can make a BIG DIFFERENCE.

A lawyer can help you put together the documentation needed to make your case. You need a lawyer who is an expert in Social Security law because he or she knows the administrative law judges in your area and knows what they want to see. A good lawyer will help you and your doctor put together your case and highlight its strengths. A good lawyer will be familiar with the vocational experts and other experts administrative law judges use, know how to ask the right questions and help you make the best impression.

Getting denied by your state's DDS is common. In fact, your best chance for getting SSD is by appealing your case to an ALJ. As I recall, ALJs approve 56% of new applicant cases they see whereas DDS disability examiners approve something like 25% of cases. If you have an 'unlisted impairment' (which it sounds like you do), you are almost inevitably stuck having to appeal your case to an Administrative Law Judge. Administrative Law Judges have greater discression, that's why they approve more cases.

A lot of people get worse while waiting for their day before an Administrative Law Judge. If your case is strong, your lawyer can ask for the judge to make an On The Record decision (OTR). OTR decisions are always favorable for the claimant and are based solely on the information currently in your case file. That's why a good lawyer (or paralegal) will spend some time guiding you in strengthing up your case file. (OTR decisions benefit everyone--they save time, hassles and legal expenses).

Lawyers always take Social Security Disability cases on contingency--the maximum fee is stipulated by law (and it's not a rip-off).

I just wanted to chime in, A lawyer can make and break you case. The 5,300 (or less) you have to pay is well worth it. My lawyer was paid 5,300, and he only worked for me for about a 2 months (might be less) But without him I would have got nothing. He crossed examined the vocational expert after the judge asked the famous two questions. and got the answers I needed to win.
I had my hearing March 26, 2008. got my favorable decision the end of April,(dated april 15) Got my first ssdi check June 3, got my back pay a week after that.
I applied April 2004
good luck on your case
lynn

I don't think there is any rhyme or reason to being approved. I got approved for a disability retirement from the State. Was a State worker. The requirements were that two doctors had to fill out paperwork stating you were permanently disabled. Both doctors did that. I even got a handicapped placard for the card. So the State agreed that I am permanently disabled. It did not help me at all with Social Security. So, it makes you wonder how they come up with their decisions. The atty. told me that if you are under 50 years old and have an education you are usually denied. He said if you are over 50 with a 3rd grade education then you may be approved. They look at stuff like that. I'm 43 with an Associates Degree so I guess to them I should be able to work. Guess it doesn't matter that I can barely function. I'm so bad at speaking. Hope the atty. does most of the talking for me. He said I will be well prepared.

Thanks for the responses!! Will keep you all informed when hearing is comes.

I don't think there is any rhyme or reason to being approved.


I would agree. A disability lawyer friend of mine said the "rumor" in the industry is that's is purely random....SS randomly approves some the first go around. He said he's seen people die waiting for a decision, while much less severe cases are approved immediately. Additionally, he said SS has to approve some up front to avoid headaches from congressional oversight.


The atty. told me that if you are under 50 years old and have an education you are usually denied. He said if you are over 50 with a 3rd grade education then you may be approved. They look at stuff like that. I'm 43 with an Associates Degree so I guess to them I should be able to work.

You are correct. As a general rule, the younger one is and the more they make, the less likely they will be approved. These applicants are a big pay out for SS......They deny applicants and make them "work for it." Furthermore, SS figures that a certain amt of cases who are denied either go back to work or eventually improve.

Guess it doesn't matter that I can barely function.

Unfortunately, SS sends many a letter that states "while your condition is bothersome, it is not disabiling." Like you said in your opening paragraph, two State Docs found you disabled, yet some bozo from SS said differently. I guess that one Doc knows more than the other two who concur with one another.

Thanks for sharing your story.

Ex