Posted by Elaine
on November 09, 2000 at 19:32:29:
In Reply to: Responses to my first message posted by Linda D on November 09, 2000 at 11:44:07:
If they handle a lot of Social Security cases (or even if they don't), your lawyer should have an RFC form to send to your doc. I don't know if there would be one on-line or not 'cause I haven't looked. The proper name is "residual functional capacity" form. Ask your lawyer and, if not, see if your doc has at least been asked to write a letter outlining your disability. If your doctor hasn't completed an RFC form, your attorney can ask the judge to "leave the record open" for a couple of weeks to allow you to obtain a completed one from your doc. Also, the records from your doctors/hospitals post-hearing should also be sent to the judge as they come in. If your hearing is on the 13th and you go to the doctor on the 16th, send 'em in. And keep sending them in until you get a decision. You're right. The judge more than likely knows on the day that you are there whether he is going to rule in your favor but, alas, where would the red tape be in our system if you were to find out that day?!? There are several places your file goes after the judge makes his decision - to the decision writer, editing, back to the judge, back to the typist and then there's the mail room. You may even be sent to a Social Security consultative examiner after the hearing. Your lawyer will want to make sure the examiner receives all your medicals, because they may not be sent all of them by the Social Security Administration. It may be they you are not sent to an examiner, but your file is. Some "experts" just review your Social Security file and they rely solely on what is in it. I really wish you good luck at your hearing. Just describe such problems you have as best as possible - your inability to work, to lift, pull, push, bend, stand, sit, to clean your home, take care of your family, drive a car, do hobbies you used to enjoy, and describe your symptoms as well as possible so that the ALJ can walk around in your shoes for at least a few moments. I'll keep my fingers crossed for you! Sorry this was so lengthy, but I like to be of any help possible.
: Well, I finally got back to see if anyone had relpied to my first post. Wow! Thanks to Elaine and Charlie!! Elaine,I don't know if my doctor has filled out the RFC form or not. Yes, I do have a lawyer. Where does a person get the RFC form? It may be too late by now since the hearing is on the 13th. And yes, I understand it may take up to 6 months to find out the judge's ruling. I think that is just rediculous! I have written my congressman several times complaining about the way this type of thing is handled. The whole thing is humiliating to the person needing help. It's a waste of money to send that person to doctors and psychiatrists who know nothing about this type of problem, who know nothing about you, and who just look at you, check your vital signs, ask you to walk on your toes and bend over, and then fill out the paperwork saying they can't find anything wrong. And the long waiting periods before a hearing, plus the long waiting period after the hearing is frustrating. I feel sure that the judge knows at the end of the hearing what he's gonna decide, so why in the world would a person have to wait so long to find out? My congressman has listened, and written back several times, but I don't think there is anything he can do either. He just keeps saying he's looking into my concerns!
: Charlie, I am sorry that you also are having a hard time with age and FM. I don't personally know anyone to compare notes with, and I wondered if I was the only one getting worse with age. From all I've read, FM is not suppose to be disabling, just debilitating. Well, I have passed debilitating, and it just keeps going downhill. It seems that my "good" days now feel worse than my "bad" days of a few years ago! This is a big disappointment for a person whose favorite saying up until about 5 years ago was, " I'm gonna be like Peter Pan and never get old!" I gave it my best shot, but Mother Nature and Father Time have kicked my butt! Anyway, thanks to both of you for your kindness and help.