I need answers from those in the know!!! - Disabilities Message Board

mimgregg · 07-16-2008, 06:38 PM

My good friend was denied disability and went through the appeals process to a civil action (ALJ) and ended up with the same judge she had for the 2nd appeal and final appeal. Even though she had plenty of physical evidence, he found she was not considered disabled at the time she claims (in 2000) that although she had problems with fibromyalgia "she could just work through it.." Anyway, since the final decision in 2005 she cried and has just sufferred through. Part of the problem is she had no health insurance and could not afford to get medications or see doctors more than every 3 or 4 months. Of course this was not noted as the reason she did not consistently get medicine or medical treatment even though she stated it to the judge when asked about this. Her husband has since become disabled and she tried to go to work. She worked in severe pain for 4 months and finally had to quit. My question is, because she went to work and found she could not take it, can she now start the process over??? This is what the SS office indicated.She will be 55 in November 2008 and although she gets a small amount of help with patients assistance for medication and the generosity of our small town doctor charging a nominal fee, she cannot make it financially or receive treatment she needs from specialists. Her husband's disability amount is so small that they barely make ends meet. Any suggestions or information is greatly appreciated! When she talked with the SS office today, they told her she needed to go online and fill out the SSD starter kit. What in the heck is that? There is nothing on there called that. Geez. They told her bring her marriage license, birth certificate to the SS office and fill out the disability starter kit and then go to her appointment next week as she did not want to have a phone interview. She is confused, I am in no better shape to help her, and SS as we all know is like walking around with honey and being blown with feathers, you just become one big sticky mess before you know what has happened! Thanks in advance for your comments, and I hope I was not too convoluted in explaining all of this!
Mim Gregg

Executor · 07-17-2008, 07:55 AM

I wish I had specific answers for you, but I don't. Your friend's case is very complex. I would call SS myself and explain that you are a friend and only trying to get information to help her and see what they tell you...This way you can hear the information yourself instead of through her...She may have heard something incorrectly. Then, you would have a road map with which to guide her.

If the phone route doesn't work, maybe you could go down to the local office. Lastly, if you don't like what you hear when you call, hang up and call right back....You'll get a different agent....I've found them to all be different in terms of their own knowledge and willingness to help.

Good luck....Sorry I couldn't be of more help.

Ex

robink1954 · 07-17-2008, 10:28 AM

Hi Mimi,
I'm not understanding what stage your friend's case is at.
Am I understanding that she has had 2 hearings or 2 appeals? The final decision in 2005? Was that not appealed?

Please clarify and I may be able to help.
My own case has been very complicated also.

I have had periods of time that I did not have any way to get medical attention too. They will try and use that against you, but there is a law now that can protect you from that happening.

Robin

mimgregg · 07-17-2008, 03:19 PM

She filed appeals and even a civil suit. The same judge that denied her appeals was also assigned as her federal judge with the civil suit. Apparently that was her last chance. Now, 3 years later, she has tried to work again and failed. When she called SS, they told her to start the process all over again. I looked over her paperwork and saw that she was denied initially b/c the judge did not believe her or her doctor. Then contradicted himself in saying that yes she was disabled but not enough to warrant being declared disabled. I know, I said what the.... too. Then when she filed a federal appeal there he is again, and now the reason she was denied is they said she was not disabled in by Sept. of '01, but by Oct. of '01 which would not help her since her work credits were no longer enough. Either way, she got screwed royally. I am in bad enough shape at 39, but she will be 55 and has to have help to stand, limps along, has tremors and memory dysfunction, emotional/mental issues, as well as chronic pain. All of which is/was documented. This last decision in '05 about did her in and I was worried she would kill herself, but thankfully she is a Christian and her beliefs overcame the desire to just be free from pain. Thanks for the input, and hopefully this clears it up some more so you can add input!
Mim Gregg

robink1954 · 07-17-2008, 06:17 PM

I'm confused on the judge. Do you mean that the judge that held her disability hearing was also her federal judge??

Robin