what more can I do? - Disabilities Message Board

Mom24boys · 06-28-2003, 12:09 AM

I have applied for disability btwn 2-3 yrs ago. I have been thru all the denials. Saw the judge (tho I only had my attorney a week before court date) and he denied me and now in review (I think thats what she called it).
I have Degenerative disc disease, GERD, Bladder problems, memory problems, scoliosis, kyphosis, spina bifida occulta, migraines, early arthritis, having gallbladder removed in July, thryroid removed 2 yrs ago, a rare syndrome called Basal Cell Carcinoma Nevoid Syndrome (a chromosone defect), comprehension problems, and others I think but cant remember. I have 7 VOLUMES of medical records at one hospital and more here. Im only 38 yrs old. We (my attorney and I) believe he didnt really look at my records and when I had my court date we asked for continuence as my attorney just got my case and needed more time. He gave her like 2 weeks to get my stuff together (hospital cant copy 7 THICK volumes of records that fast) and then sent me a notice a while later denying my case. I didnt understand his wording and the attorney said in simple terms.. He doesnt believe Im as disabled as I say I am and that Im not in as much pain as I say I am. I also use a wheelchair for when Im on my feet for periods of time because of pain and stumbling, but because it wasnt prescribed (doctor wont do it) and it was given to me.. he wont count that. I have doc appts all the time as do two of my sons who have my rare syndrome. Anything else I can try. Ive seen more doctors and had more xrays and tests done. Thanks. Gina Marie

------------------
GinaMarie (have BCCNS, GERD and more) have 4 boys (2 have BCCNS also)

07-02-2003, 09:03 PM

Gina,

I am pretty sure you can continue to appeal the judges decision. Be sure you have all your doctors records copied and in the judges hands before your next hearing date. The wheelchair doesn't seem like it would be that much of a factor considering all the other issues you have going on.

What I learned from going through the process (I just started getting SSD, it took me two years) is that the judge takes in all your medical info....decides what is pertinent to your work ability (or lack thereof) and reads it back to the social security job specialist who is also sitting in on the hearing. The job specialist enters all your work skills and physical limitations into his little computer and it tells him if there is ANY kind of job that you are physically able to do. If they can find some sort of work that you qualify to do, and are physically able to do it.....that is what the denial is based upon.

The kinds of work you have previously done and your education level factor in. If you can work ANY job that pays you the equivelant of a 40 hr work week at minimum wage, they will not grant you benefits.

Maybe your attorney just wasn't prepared enough. What did the SS job specialist have to say at your hearing? What did your attorney say he thought your chances were of being granted benefits. While the final decision rests in the hands of the judge, an experienced disability attorney should have a good feel (after gathering all your information) for whether or not you will win benefits. The first time I met with my attorney (before he even had any of my medical records) he said he was quite confident that I would come away from my hearing with a fully favorable decision. And I did.

Keep at it! And if you don't feel that this attorney is really giving your case his best effort, get a new attorney....be sure your attorney specializes in disability too.

love and prayers,

aj in Oregon

------------------
~ 48 year old female; currently self-employed as an artist/designer/woodcrafter.
~ Previously worked in the restaurant biz for 27 years (not so good for someone with a bad back!)
~ Hereditary and congenital scoliosis, but it never caused any problems until I was 40+ years old.
~ 76 degree curvature had increased 2 degrees in two years 1999-2001; indicating surgery was necessary.
~ Surgery in March of 2001.
~ Fusion and insturmentation of C7 - T9.
~ Fourth rib removed; 5th and 6th rib cut back halfway; removed ribs were morselized and used for the grafting, plus additional bone harvested from hip.
~ After tthe hardware was attached, spine was straigntened 20+ degrees.
~ 2 weeks in the hospital.
~ Brace worn for five months. Bone growth stimulator device also worn several hours per day.
~ PT 5 mos. after surgery caused increased pain.
~ Follow-up surgery to remove hardware scheduled for Feb. 2002.
~ Round 2 of PT 2 mos. after hardware removal.
~ Medically released to return to full activity in July 2002.
~ Increased pain upon returning to regular work schedule.
~ Round 3 of PT in April/May 2003; continually increasing pain.

Mom24boys · 07-06-2003, 01:16 AM

There was no job specialist at my hearing. just the judge, attorney and I. We tried to ask for continuance since she just got my case. He talked to us then and then only gave my attorney like 2 weeks to get all my records.. All 7 volumes of records at one place and all the others. I guess I should pay the attorney the money I owe her then ask if anything else has happened.

------------------
GinaMarie (have BCCNS, GERD and more) have 4 boys (2 have BCCNS also)

kathy372001 · 07-31-2003, 07:39 AM

GinaMarie,
Hello, your post sounds like mine Im 39 have DDD and it got to the point the having a wheel chair was easeir then walking because of the pain. My legs went num from the knees down and burning in the back of the legs and my butt. Was just denied for SSD they said as long I can work with my hands and that the wheel chair wasnt a prescription from a dr I dont need it. It sucks some times doesnt it. I wish once they could spend a day in our place and then tell me it doesnt hurt. Any way it was just amazing that Our stories are so much the same. Thanks Kathy

Just wondering are you on alot of meds like me I take 6 different ones in the morning and then more all day and nite?

Mom24boys · 07-31-2003, 10:46 AM

HI Kathy,
You also sound like my mom and grandma.. They both dont have much feeling in thier legs yet they also burn. My moms knees have been swelling real bad.

Im SUPPOSE to be on lots of meds but never remember to take them. I take Synthroid as I had my thyroid removed 2 yrs ago (that I really try to remember as without it a person that deals with stress like a bad car accident or something stressful can go into shock and a coma within seconds). Im suppose to take Ditropan for bladder, Protonix for severe reflux, Effexor for depression, iron for bad anemia, Trazadone to help sleep, Adderall for ADD, I take like 1000mgs of Ibuprofen for migraines (tho that doesnt really work anymore). Ive been giving other pain meds for the headaches but Ive had so many surgeries and pain that most pain meds dont work anymore. I was also put on birth control to regulate my cycle but dont take that as with my rare disease/syndrome we are high risk for all cancers, tumors and cysts and I have breast cancer on both sides of my family and the syndrome and the birth control also raises your risk of breast cancer so I dont want to push it any farther and I didnt remember to take those either. I cant take any other meds with my thyroid as lots of them cancel out the thyroid meds so I cant take them at the same time as that. Others are to be taken with food and I dont always eat. Yes I wish they could be in our bodies just for a day or two.. The attorney and I dont really think the judge looked at all my records we turned in. I had 7 THICK volumes just from one university let alone the doctors here. Sorry. lol didnt mean to get on a rambling.. It is just so frustrating. I even forgot that I was going to reapply for disability while waiting for this one.. Better look into that and some better doctors (which will cost more money).
Gina Marie

------------------
GinaMarie (have BCCNS, GERD and more) have 4 boys (2 have BCCNS also)