Claudia08
07-06-2009, 12:14 PM
I was denied SSD or SSI (whatever its called!) after having my hearing because the judge wrote I can take care of my dog and live independently. I do live on my own but my parents pay ALL of my bills. My home is a mess because I have chronic fatigue and dishes pile up. I sometimes eat ice cream for dinner because I have nothing to eat or do not have the energy to cook. And as far as my dog, I can get several statements from the people who watch him for months at a time.
Also, I have now been diagnosed with an auto immune disease called hashimoto, which has attacked my thyroid and I am having my right thyroid removed this month. This could explain the chronic fatigue and all, having my hormones out of whack. But it is possible I am still bi polar, have borderline disorder and PTSD.
Also the judge cited that when I was baker acted 2 years ago, when I first applied for SSI, and was denied, I was intoxicated and they wrote I had a mood disorder that was substance induced. Well now I have evidence my mood disorder is thyroid induced! And been seeing a psychiatrist for the past two years that has my axis 1 as bi polar and axis 2 as borderline, which the judge totally ignored her. Didn't even mention her in his report.
So my question is, should I appeal the judges decision now that I have new medical evidence?
And what will happen if I start all over again and re-apply? Can I still have the appeal process going on and also re-apply as a back-up? What would happen to the appeal if I also re-applied?
Also, I have now been diagnosed with an auto immune disease called hashimoto, which has attacked my thyroid and I am having my right thyroid removed this month. This could explain the chronic fatigue and all, having my hormones out of whack. But it is possible I am still bi polar, have borderline disorder and PTSD.
Also the judge cited that when I was baker acted 2 years ago, when I first applied for SSI, and was denied, I was intoxicated and they wrote I had a mood disorder that was substance induced. Well now I have evidence my mood disorder is thyroid induced! And been seeing a psychiatrist for the past two years that has my axis 1 as bi polar and axis 2 as borderline, which the judge totally ignored her. Didn't even mention her in his report.
So my question is, should I appeal the judges decision now that I have new medical evidence?
And what will happen if I start all over again and re-apply? Can I still have the appeal process going on and also re-apply as a back-up? What would happen to the appeal if I also re-applied?
Sponsor
mscat40
07-06-2009, 08:27 PM
Claudia,
I am very sorry about the judges decision! That is crappy ! :mad: I am also Borderline , and have Hypothyroid Disorder> along with a few other stuff. I'd definetely appeal the judges decision! What does your Lawyer think you ought to do? :confused: i really thought you had a good chance of winning your claim! and were on your way of being approved! This is unreal. Keep fighting !
Cathy
I am very sorry about the judges decision! That is crappy ! :mad: I am also Borderline , and have Hypothyroid Disorder> along with a few other stuff. I'd definetely appeal the judges decision! What does your Lawyer think you ought to do? :confused: i really thought you had a good chance of winning your claim! and were on your way of being approved! This is unreal. Keep fighting !
Cathy
goldyfm
07-07-2009, 04:50 AM
Sorry for your bad news. I don't have similar health problems, but I live independently and have a dog but neither was even brought up at my hearing. What would living alone and having a dog have to do with a decision? I still have to get up to go to the bathroom and fix something to eat for myself, so it is no problem to open the door to let a dog out, or bend over to put out her food. I see no relevance to that issue at all. I have no advice on reapplying, etc. But I do wish you luck in whatever you decide.
BTW, I read somewhere that pets actually help with health and mood improvements for those that live alone. I know I feel safer and happier having mine here with me.
BTW, I read somewhere that pets actually help with health and mood improvements for those that live alone. I know I feel safer and happier having mine here with me.
BelleoftheSouth
07-17-2009, 12:24 AM
Do not re-apply...just keep appealing. If you re=apply you will have to start all over again. Appealing will keep you up to date.
Take Care.
Take Care.
Executor
07-17-2009, 01:30 AM
I was denied SSD or SSI (whatever its called!) after having my hearing because the judge wrote I can take care of my dog and live independently.
This is as about as absurd a comment as I've ever heard. Just when you think you've heard it all, something else comes along. I'm sooo sorry that this has happened to you and that a Judge actually wrote this. Guess what Mr. Judge....I care for 3 cats, 4 children, and live independently, but I was approved. Those criteria aren't even remotely valid. And, if they are his criteria, then I can't imagine he'll approve too many applications, because most people care for somebody or something.
I agree with Bellofthesouth....Do not re-apply...Keep appealing. Talk to your lawyer and see what he/she says. You've got to keep going. This is an endurance race, not a sprint. You can outlast them if you are determined enough.
Again, I'm sorry. Sounds like you had bad luck of the draw re: the judge.
Regards,
Ex
This is as about as absurd a comment as I've ever heard. Just when you think you've heard it all, something else comes along. I'm sooo sorry that this has happened to you and that a Judge actually wrote this. Guess what Mr. Judge....I care for 3 cats, 4 children, and live independently, but I was approved. Those criteria aren't even remotely valid. And, if they are his criteria, then I can't imagine he'll approve too many applications, because most people care for somebody or something.
I agree with Bellofthesouth....Do not re-apply...Keep appealing. Talk to your lawyer and see what he/she says. You've got to keep going. This is an endurance race, not a sprint. You can outlast them if you are determined enough.
Again, I'm sorry. Sounds like you had bad luck of the draw re: the judge.
Regards,
Ex
daph10
07-17-2009, 11:59 AM
I had to appeal to council after being turned down by judge in Jan 08. My case is still at the appeals council and its well over a year and a half. Still no word. I did re-apply in jan 08 and was awarded in jul 08. So having an appeal and filing a new claim has no bearing on the appeal. My appeal is just that still pending and in the mean time I reapplied and was awarded. So while I am still waiting on appeal I am collecting ssdi. It does not hurt your original claim. Diane
Executor
07-18-2009, 12:45 AM
My case is still at the appeals council and its well over a year and a half. Still no word. I did re-apply in jan 08 and was awarded in jul 08. So having an appeal and filing a new claim has no bearing on the appeal. My appeal is just that still pending and in the mean time I reapplied and was awarded. So while I am still waiting on appeal I am collecting ssdi. It does not hurt your original claim. Diane
So, if you win your appeal, what happens then....Just more back pay?
Also, I would think that you almost have to win your appeal now. After all, they've already awarded you benefits based on the same criteria...Same case essentially, isn't it?
This system makes no sense.
Regards,
Ex
So, if you win your appeal, what happens then....Just more back pay?
Also, I would think that you almost have to win your appeal now. After all, they've already awarded you benefits based on the same criteria...Same case essentially, isn't it?
This system makes no sense.
Regards,
Ex
daph10
07-18-2009, 02:26 PM
The appeals if awarded will go back to july of 2005, benefits awarded. But just because I was awarded the second time around doesn't mean I will get it the first time. Crazy isn't it. But that is not how it works. And my Appeals has been in falls church , VA since Jan 08. Very sad how this all works. So rather than wait almost 2 yrs for appeals council I decided to try again on my own and I won. They don't want to pay you . backpay, that would be too much. I have no faith in this system. However, I cant complain I just feel so sorry for all the people who have been waiting and struggling. It is not fair.
mscat40
07-18-2009, 05:31 PM
BTW, people who have disabilites have service dogs, humm , the judge you had no basis for denial, IMO . that just does not make any sense to me whatsoever .:(
SpineAZ
07-21-2009, 02:19 AM
Consider getting a consultation with a Social Security attorney. There are many nationwide who solely work on helping people get SSDI. I don't know if they work with those seeking SSI.
SSI is for those who do not have a recent or significant history of working/income.
SSDI pays more but is based on your work history and earnings record.
SSI is for those who do not have a recent or significant history of working/income.
SSDI pays more but is based on your work history and earnings record.
NOTSONUTSO
08-01-2009, 03:02 AM
To clarify your comment that SSI is for people who do not have a "significant work history," that is not necessarily the case. I worked for the State of Louisiana for 15 years but did not pay into Social Security or Medicare (I paid into State retirement system.) So despite my significant work history I was not eligible for Social Security Disabilty. The same thing happened with a friend of mine who worked for the State Welfare system. It only took a few months for me to be approved for SSI though--so in that respect, I was fortunate.
mscat40
08-01-2009, 05:11 PM
To clarify your comment that SSI is for people who do not have a "significant work history," that is not necessarily the case. I worked for the State of Louisiana for 15 years but did not pay into Social Security or Medicare (I paid into State retirement system.) So despite my significant work history I was not eligible for Social Security Disabilty. The same thing happened with a friend of mine who worked for the State Welfare system. It only took a few months for me to be approved for SSI though--so in that respect, I was fortunate.
Yes , you are right, however , despite your work history , you were not paying taxes to the state, therfore , were not contributing all those years. Otherwise , you would have had enough work credits for SSDI. Typically, SSI is not only for people sho have not had enough of a work history it is also more stricter on income requrements too. The individual has to meet and follow the SSI guidelines in order to qualify and to stay qualified. A lot different from SSDI.
I am glad you did recieve SSI though. ANy of the disability programs are very hard to be approved on these days.
Yes , you are right, however , despite your work history , you were not paying taxes to the state, therfore , were not contributing all those years. Otherwise , you would have had enough work credits for SSDI. Typically, SSI is not only for people sho have not had enough of a work history it is also more stricter on income requrements too. The individual has to meet and follow the SSI guidelines in order to qualify and to stay qualified. A lot different from SSDI.
I am glad you did recieve SSI though. ANy of the disability programs are very hard to be approved on these days.
SpineAZ
08-02-2009, 11:54 PM
Notsonutso:
Thank you, I didn't give the complete answer and you are correct....it can be that the person did not work in an industry that paid into SS to earn credits (such as those who work for state/federal governments, many school districts, municipal services, etc, etc).
Thank you, I didn't give the complete answer and you are correct....it can be that the person did not work in an industry that paid into SS to earn credits (such as those who work for state/federal governments, many school districts, municipal services, etc, etc).
BeHappy2
08-27-2009, 11:56 PM
I was denied SSD or SSI (whatever its called!) after having my hearing because the judge wrote I can take care of my dog and live independently. I do live on my own but my parents pay ALL of my bills. My home is a mess because I have chronic fatigue and dishes pile up. I sometimes eat ice cream for dinner because I have nothing to eat or do not have the energy to cook. And as far as my dog, I can get several statements from the people who watch him for months at a time.
Also, I have now been diagnosed with an auto immune disease called hashimoto, which has attacked my thyroid and I am having my right thyroid removed this month. This could explain the chronic fatigue and all, having my hormones out of whack. But it is possible I am still bi polar, have borderline disorder and PTSD.
Also the judge cited that when I was baker acted 2 years ago, when I first applied for SSI, and was denied, I was intoxicated and they wrote I had a mood disorder that was substance induced. Well now I have evidence my mood disorder is thyroid induced! And been seeing a psychiatrist for the past two years that has my axis 1 as bi polar and axis 2 as borderline, which the judge totally ignored her. Didn't even mention her in his report.
So my question is, should I appeal the judges decision now that I have new medical evidence?
And what will happen if I start all over again and re-apply? Can I still have the appeal process going on and also re-apply as a back-up? What would happen to the appeal if I also re-applied?
If you had attorney at this time, seems attorney is not doing much of anything for you. Considering the recent post, seems attorney is not working very hard for you. Maybe attorney should be fired.
I would definately be at attorney's office in the morning asking questions.
Live Well
BeHappy2
Also, I have now been diagnosed with an auto immune disease called hashimoto, which has attacked my thyroid and I am having my right thyroid removed this month. This could explain the chronic fatigue and all, having my hormones out of whack. But it is possible I am still bi polar, have borderline disorder and PTSD.
Also the judge cited that when I was baker acted 2 years ago, when I first applied for SSI, and was denied, I was intoxicated and they wrote I had a mood disorder that was substance induced. Well now I have evidence my mood disorder is thyroid induced! And been seeing a psychiatrist for the past two years that has my axis 1 as bi polar and axis 2 as borderline, which the judge totally ignored her. Didn't even mention her in his report.
So my question is, should I appeal the judges decision now that I have new medical evidence?
And what will happen if I start all over again and re-apply? Can I still have the appeal process going on and also re-apply as a back-up? What would happen to the appeal if I also re-applied?
If you had attorney at this time, seems attorney is not doing much of anything for you. Considering the recent post, seems attorney is not working very hard for you. Maybe attorney should be fired.
I would definately be at attorney's office in the morning asking questions.
Live Well
BeHappy2
NOTSONUTSO
09-21-2009, 03:26 AM
Yes , you are right, however , despite your work history , you were not paying taxes to the state, therfore , were not contributing all those years. Otherwise , you would have had enough work credits for SSDI. Typically, SSI is not only for people sho have not had enough of a work history it is also more stricter on income requrements too. The individual has to meet and follow the SSI guidelines in order to qualify and to stay qualified. A lot different from SSDI.
I am glad you did recieve SSI though. ANy of the disability programs are very hard to be approved on these days.
Not sure why you felt the need to tell me this since it is exactly what I was saying in my previous post. Obviously if I was paying into State Retirement & not Social Security, I was not "contributing." I am absolutely cognizant of the reasons I did not qualify for SSI & why I did not have "enough work credits." You are preaching to the choir, so to speak :dizzy:. I've been on SSI for almost 20 years & am very aware of all the "ins & outs" of the system.
Thanks anyway.
I am glad you did recieve SSI though. ANy of the disability programs are very hard to be approved on these days.
Not sure why you felt the need to tell me this since it is exactly what I was saying in my previous post. Obviously if I was paying into State Retirement & not Social Security, I was not "contributing." I am absolutely cognizant of the reasons I did not qualify for SSI & why I did not have "enough work credits." You are preaching to the choir, so to speak :dizzy:. I've been on SSI for almost 20 years & am very aware of all the "ins & outs" of the system.
Thanks anyway.
mscat40
09-21-2009, 10:29 PM
Claudia,
where are you now in your claim? I wish the best for you, hang in there!
where are you now in your claim? I wish the best for you, hang in there!