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View Full Version : Help I'm having a disability hearing and I'm sarced to death


 

 

 
bonnie1956
02-13-2009, 11:48 AM
I have been trying to get SS disability for almost 2 years. I suffer from rheumatoid arthritis, fibromyalgia, back pain & spasms, migraines, plus all the things that go along with the side effects of my medications and diseases. I am finally getting a hearing with a administrative law judge about my case and am scared to death. How can I convince a stranger about my problems when it seems my family, friends and sometimes my doctors can't understand the hell (pardon my language) I am going through? Has anyone gone through this and won? Can anyone help me with getting through this PLEASE!!!!! Is there certain things I should say, do, not do????? I am so afraid of what will happen if I don't get this.

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jann71
02-13-2009, 08:34 PM
Write down all your conditions and medications, your physical limitations and how your conditions affect your daily life and take that with you. He will ask you things like how long you can stand, how far you can walk, how much you can lift, do you need help caring for your personal needs, how much housework you can do. Answer him as straight and honest as you can. Look the judge in the eye when you are answering him and explain to him how you feel on a daily basis.... how hard it is for you to do the things you used to do... how much your life has been affected by your conditions. Don't get overly emotional but make him "feel" your pain.

I wish you the best. Just take a deep breath before going in and try not to be too nervous. He's just a person like you are. Please let us know how it goes. God bless!

MizSpentyouth2
02-13-2009, 10:57 PM
Hello there I wish the best of luck with this. The best advice I can give you is just be honest. He will have your medical records also, also if you are uncomfortable in sitting to long ask him if you can stand . Do not be discouraged if you get denied the first time, they tend do that for some reason. The pain we feel isn't easy for many to see. But it sure is real! If you get denied appeal , if you use an attorney they take their cut from the back money you will get. God Bless

Missie23
02-13-2009, 11:48 PM
I was awarded permanet disability in 1984. I was refused SSA 4 times. My lawyer took a deposition of My Dr. and that was all it took, as long as you have a copy of you medical records. You should know that fibromyaliga has been know to be disabling for 20 years. This disease is progressively degenarative, there is no know cure. Medication and some times therapy are the only thing that works. Also you could go into remission and have a flare up the next week. I hope you have done your home work. The judge will look at you, not your disease. If you have swelling, hands, feet and legs. Take pictures. Have a list of medication you take and how long you are down.
Make a list of all the things you can't do any more. Also how it has effected your work.
The Judge will weigh everything and make a dession.

Best of luck, Missie23

DeBeachSiren
02-14-2009, 01:53 AM
Hi,

Maybe it's easier in other states, but it wasn't easy in DE. It depends on what judge you get also. My advocate was really great but it took 3 years to get there. Also another factor came in to it. I turned 50 during that time, wait for it. The lady that was at the court from the job thing said I was unable to work doing anything. Here it comes.......The judge wouldn't grant payment from the time I was no longer able to work. So what it boiled down to was at 11:59PM the eve of my 50th birthday I could've worked, but 1 minute later at 12:00am I was totally disabled. So they only went back for 1 year, to my 50th birthday. It also happenned to other people in my state. Also if I wanted to dispute it we could start all over again and the next panel of doctors might not see me disabled and grant me nothing. So I had to settle for that. I had a huge pile of doctor notes, from all sorts of doctors, including the quacks that they sent me to that also were on my side, BUT it's up to the judge. I've paid in and it was like the $ was coming from his bank account. So be prepared for that too. All judges aren't nice.

I was also told do not dress all up, to wear everyday clothes. No fancy hairdo's and little to no make-up so the judge could see how I really looked. Also I was told to wear only a watch and wedding ring, no other jewelry.

My husband was there and he was questioned with me out of the room, then I came in and answered question after question.....watch it, they try to trip you up. It's very hard with fibro-fog to remember exactly what you were doing 5 years ago on a tuesday at 3:00PM. The judge will have documents with dates in front of him. Also family members and friends also wrote letters to be added to my file to read before he cast his decision. I was notified by mail about 3 months later that I got it.

Fibro has been around for a long, long time. They just used to call it myalgia or the rhuematiz. Fibro became a disease and not a syndrome less than 5 years ago. My advocate brought that to the judges attention also and I'd have do dig through boxes of stuff to find the date, but believe me it hasn't always been acknowledged. Just as doctors now still don't believe in it, although it is a disease.

Hang tough, you hopefully will get a nice judge. I think you ought to be prepared for if it goes as hard as mine went.

I wish you the best of luck.
DeBeachSiren

bonnie1956
02-14-2009, 11:38 AM
Thank you, thank you to all of you. I will try to remember all the helpful things you have told me. I just wish this was over!! The funny thing, or maybe not so funny thing, is that my husband is taking me to Mexico next week to get me out of this cold snowy Iowa winter (we had this planned way before I received my letter of my court date and since we have paid out so much money that cannot be refunded we are still going). I'm sure I will come back with a tan because I plan on soaking up the warm sunshine hoping it will make my body and mind feel better. I can imagine the look on the judge's face when he see me. I am hoping he will not use that against me!!

I will keep everyone posted on what happens in the next month. And hopefully I will be able to bring some warm weather home with me :-)

Glojer
02-15-2009, 12:07 AM
Good Luck bonnie, the best advice I would give you is to try to be yourself, I am sure your pain will show through , just be normal......that is fibro normal.

Glojer

DeBeachSiren
02-16-2009, 06:08 AM
You got the tan at a tanning salon because the warmth of the booth helps make your muscles relax silly girl. HaHa Enjoy your trip!!!!!!

DeBeachSiren

bluelakelady
02-16-2009, 11:07 AM
good luck with your hearing. tell the truth about your trip. if you experience less pain there, then the trip is perfection. you enjoy the warm weather and come back looking great.
we don't look sick. it's one of the silver linings we get. i love that it does't show. i was awarded the first time. i dressed nice and made sure i had someone with me. they don't have to believe you about anything. they have guidelines they have to follow regarding qualifications. your med records speak for you.
i told the guy it took all my energy to get beautiful for the hearing so don't expect much in the brains dept. he laughed, and told me i looked very nice.
peace,
bluelakelady

bonnie1956
02-17-2009, 10:27 AM
I did start tanning for our trip and you know the heat in the bed does feel wonderful on my body!!

I am so glad I found this site. You all are assume! Just reading everyone's stories of ups and downs, makes me feel that I have new and wonderful extended family members. I will let you all know how my trip went and will continue to let you all know how my hearing goes.

I will be thinking of you all, wishing you were with me, while in Mexico.

Paddy55
02-17-2009, 12:53 PM
Hi Bonnie. I too am going through the application for disability benefits in Canada though. After struggling with different work and time off work for well over 20 years.
I can identify with your concerns about your interview. You are entitled to your chance to explain. What you are experiencing is very real, and if you are extremely straightforward, I do not see how "they" cannot help you. That is what this is about, right? It is not about finding a way to "trick you" or "trip you up", it is to find out if, and how, "they" can help you.
Have a wonderful time in Mexico, let it be therapeutic!
I am in Florida keeping warm right now myself. ;)
Wishing you peace and comfort,
Paddy55

rosebuddy
02-17-2009, 08:55 PM
the worst thing that can happen is that you will be denied and have to file an appeal. You will throw yourself into a terrible flare with fibrofog if you keep stressing out.

Just answer the questions honestly and be yourself. good luck.

BeHappy2
04-03-2009, 12:41 AM
Hi Bonnie,
Can you help any of us here of how your ALJ hearing went ?
Alot of useful information is mentioned by many.
Having Fibro can be invisible to others to honestly know what we live with.
Hope your hearing went well, can you please share with us ?


BeHappy2

bonnie1956
04-03-2009, 10:06 AM
Hi everyone. Well Tuesday March 31st I had my SSD hearing. It was quite scary going in front of the ALJ. There was the ALJ, his court reporter, a vocational tech (to talk about jobs), my lawyer and me. My lawyer asked me several questions regarding my health and what I can and can't do. He mainly asked me questions regarding my RA and not the fibro, however, I kept bring it up. After the questioning the judge asked the vo tech what jobs would be available for what my doctor said I could do. It was decided that I wouldn't be able to do any skilled labor due to stress, lack of attention span and over all physical condition. So it was decided that I would be labeled as unskilled labor and would be able to opt out at age 50 (I just turned 53). Not quite sure what that meant. The judge wouldn't take my fibro into consideration because he said my doctor hadn't diagnosed me with it until the last year and we are going back 2 1/2 years. After my attorney asked questions then the judge did. All in all it took 1 hour for the whole thing. They would not take any letters from family and friends because they said that they expect them to write in your favor. My husband wasn't even able to say anything. At the end the judge made and statement and said it could take anywhere from 3 to 6 months for the results. I felt that it went ok, but also felt that no one really listened. I guess we will see.

Fibrobugsme
04-03-2009, 01:23 PM
My disability process is in the early stages. I have an advocate (Binder & Binder) who filed my claim on 12-22-08. I'm going to be 58 this month and my Rheumy said I'm unable to work anymore. I'm in too much pain, Fibro fog is horrible, bad back pain and she listed depression, anxiety and panic as well. Some days I don't sleep at all and some days I can't stay awake. I hope it doesn't come to a hearing. I'll freak I just know it. I don't guess I'll be granted disability in the first round. It almost never happens but I think when they file the reconsider I might get it then. Who knows? The whole thing gives me stress and anxiety.
Take care,
Sharon

BeHappy2
04-03-2009, 08:40 PM
Bonnie, I'm glad to hear you did bring up the Fibro. It's amazing how some don't even acknowledge the fibromyalgia. i had recently read in a magazine where it is known that fibromyalgia is more painful than RA. i hope all goes well for you and waiting 3 months or so for a decision is just so uncalled for.
i know a person must go thru the full legal process but gosh the waiting game can be so stressfull on one whom is suffering.
My thoughts are with you, hope you win the long wait.

BeHappy2





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