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OTR denied - Hearing Sep 9, 2010


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Old 08-30-2010, 11:45 PM   #1
decboom
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OTR denied - Hearing Sep 9, 2010

hi yall,
i am 48 and applied for ssdi in 2008. i was doing pretty good until my ex- boyfriend beat me up in 2007 for answering his cell phone. i ended up with a broken ankle which has never really healed and worsening depression,anxiety and weight gain. i had a good job and an okay life considering.

in 2008 i could barely leave the house and i gained even more weight as i couldn't get around with the broken ankle. i was always having pain in my legs but i thought it was because of my weight. 2008 - my dad died first - the day he died my job put me on medical hold for 30 days and they fired me 3mos later for missing one day of work. i was in a bad state then emotionally. i lost the apartment, car repossessed. i was going back to live with my mom and she died 2 days before i could get there.

right now i am 460 pounds, five feet 6 with osteo arthritis in my right knee and hip, still having difficulty with my left ankle - i have a steel rod and pins in there. i also have asthma, high blood pressure and i am a breast cancer survivor from 2005 - i am worried that it may be back - no insurance - no mamogram - still take tamoxifen - the clinic i go to prescribes all of the medicines i took in 2008

i have pain in my legs and feet and knees all the time i cant take a bath by myself anymore i have to have a special bath chair in the tub. i cant stand more than a few minutes. i use two canes and i am just a big fat mess.

my representative is a former social security ajudicator, but we have rarely spoken about my case. she submitted my records for an on the record decision from the judge and he turned it down.

i still have the opportunity to go to the hearing, but i don't feel confident. its just so hard to imagine my having to be judged by someone who doesn't know what its like for me.


i know he will say to himself that if you lost weight you would be able to work.
meds: indomethacin,hydrocodone,lisinopril,proa ir,diltazem,bumex,lasix,effexor,wellbutr in,trazadone
what do you all think?

 
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Old 08-31-2010, 12:57 PM   #2
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Re: OTR denied - Hearing Sep 9, 2010

Hello, I am also 48 and my hearing is on September 9th too. I know how you feel about being judged by appearance but it is what it is. If it weren't for the condition we are in right now, we wouldn't need SSDI but we do. We are were we are because of circumstances that were beyond our control. It is possible that with the help of SSDI, we can improve our medical and physical conditions to the point where we can go back to work. That is the main goal.

I will be thinking of you while I am at my hearing and you can think of me. Know that you are not alone that day, you have a kindred spirit in Montana.
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Old 08-31-2010, 02:17 PM   #3
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Re: OTR denied - Hearing Sep 9, 2010

hello and thank you my new friend. i will definitely be sending positive vibes/thoughts your way on the ninth.

 
Old 08-31-2010, 05:34 PM   #4
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Re: OTR denied - Hearing Sep 9, 2010

hi- dont be so hard on yourself! do you have the proper medical records and a doctor backing your disibility? go to your hearing with a positive attitude-yeah so maybe your overweight; and the judge might make somekinda cruel crack about it-but you need medical help to get you to a place where you can function and return to the work force-we on this board are behind you all the way! come here and talk and ask questions cuz there are so many of us who have been where you are at and there is always someone here to listen to you "vent" or ask questions, ther are so many knowledgable people here-this board has helped me trmendously!!

good luck
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Last edited by BB07; 08-31-2010 at 05:42 PM.

 
Old 08-31-2010, 05:48 PM   #5
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Re: OTR denied - Hearing Sep 9, 2010

thank you and i welcome and am grateful to make another friend

i do have the records and i will remain positive

 
Old 09-09-2010, 12:16 AM   #6
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Thumbs up Re: OTR denied - Hearing Sep 9, 2010

its your day today. i hope you come out with a big blessed approval



Quote:
Originally Posted by bwitht View Post
Hello, I am also 48 and my hearing is on September 9th too. I know how you feel about being judged by appearance but it is what it is. If it weren't for the condition we are in right now, we wouldn't need SSDI but we do. We are were we are because of circumstances that were beyond our control. It is possible that with the help of SSDI, we can improve our medical and physical conditions to the point where we can go back to work. That is the main goal.

I will be thinking of you while I am at my hearing and you can think of me. Know that you are not alone that day, you have a kindred spirit in Montana.

 
Old 09-09-2010, 06:07 AM   #7
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Re: OTR denied - Hearing Sep 9, 2010

Hi! I just wanted to wish decboom and bwitht good luck today!!

 
Old 09-09-2010, 08:19 AM   #8
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Re: OTR denied - Hearing Sep 9, 2010

Best of luck to both of you...I hope you have compassionate judges...my hearing was Aug 11, the judge was considerate and kind( I had No attorney)..

 
Old 09-09-2010, 08:33 AM   #9
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Re: OTR denied - Hearing Sep 9, 2010

GO to your hearing!!!! do you hear me? evan if you may be able to get better later-right now you are DISABLED-you must go there and let them see you-tell them what your day to day life is like and you need help
do not be ashamed-you are an AMERICAN-go to yuor hearing-it probably will be your only chance. let me tell you a bit about mine-just before my hearing my judge sent me a kinda threatening letter it basically told me tha i better show up for my hearing or my case would be CLOSED and found against me. Well-i wont go into my disibilities but it was a 50 min ride to the fed court house here in Dothan, Al-i can barely ride for bout 10 min without severe pain-m i have intractable pain from being crushed in a bus accident-so, i get into the hearing, it only lasted 5MINUTES-judge said very few questions-just what she was entering into evidence and isssuine an On The Record Fully Favorable-in less thn 5 min-but you see she saw the state i was in-and your judge must see the state you are in-do you follow?

good luck n God's speed
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Old 09-09-2010, 03:15 PM   #10
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Re: OTR denied - Hearing Sep 9, 2010

My son drove me to my hearing location yesterday and I met with my attorney after I got to the hotel. By that time, I was off to bed with pain and I sent my son after food. My hearing was supposed to start at 9:30am but they were running late so I had to sit/stand/walk for an extra hour. Once the hearing began I was already shaking and sweating from pain. I tried to keep my composure but I can't remember things I want to say because of my medications and I get frustrated. I spoke candidly about my bowel and bladder control problems as well as how it felt to lose a career I loved, my livelihood and my marriage because of my injury. I was in so much pain that I couldn't keep up with what the psychiatrist and the vocational specialist were saying. They would say that I couldn't do any job but then they would say I could do some. It didn't make sense. My attorney said it will depend on what the judge chooses to rely on. He is a tough judge and I couldn't get a read on him. He wasn't rude but he wasn't pleasant either. I just have a sinking feeling.
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Old 09-09-2010, 07:55 PM   #11
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Re: OTR denied - Hearing Sep 9, 2010

i would like to mkae a point here- i mean no direspect to this forum or any you fine folks who i happen to connect with- sometime i guess accordong to these rules here i might have been "over compassionate" but only bcause i ama red blooded AMERICAN n i care . thats the simple truth. i care about your strife and the next guys strife n i guess sometimes i said to much to get me in trouble with th rules here but i am a cmpasssionate person and respod as resonable as possible, i believe we are all in need if SOMETHING-at the very least-human compassion and commmradare- i have never meant to intentionalllly disrepect anyone and if i have please accept my apology
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Old 09-09-2010, 09:04 PM   #12
decboom
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Unhappy Re: OTR denied - Hearing Sep 9, 2010

hi,
thank yall so much for your sweeth thoughts, support and well wishes.

here's what happened:

i was driven there by my nephew and we were there at 1130 to meet with my representative - she showed me the reasons my otr was probably not accepted. too many things to go into, but it had a lot to do with sickness benefits and unemployment insurance. the ssa and judge run all kinds of queries to find out if you are making wages - in my case i was not and i had the 1099s to prove the money was a benefit and not a wage.

there were issues with my attempts to return to work in 2008, but there was also a declaration from ssa to accept those attempts as unsuccessful work attempts

the hearing room was small and it was me, my rep, judge, vocational expert and 2 court reporters.

i was asked about my past jobs, education and background

i had to talk about the domestic abuse - very hard and embarrasing

the judge asked me about my days and i told him how much the pain made everything difficult from bathing to just sitting and lying around

i told him about my never leaving my room for days at a time and how its hard to go to the bathroom without giving out of breath and how i cant sleep

i bared my sould, but i coudlnt for the life of me get a read on the man.

my neice, daughter and nephew did not go into the hearing room - my hearing got started 20 minutes late (the judge was late not me) and it lasted about an hour and a half

the vocational expert said that there were some jobs i could do, but my rep broke that up by asking if there were jobs that would allow me to recline with my feet above hip level twice a day and he said no - the judge asked those kinds of questions too.

after a while the judge said he would have a decision in the mail in 30 to 60 days

i used to hear that when i would apply for jobs i was qualified for and never got.

so now i wait.



Quote:
Originally Posted by decboom View Post
hi yall,
i am 48 and applied for ssdi in 2008. i was doing pretty good until my ex- boyfriend beat me up in 2007 for answering his cell phone. i ended up with a broken ankle which has never really healed and worsening depression,anxiety and weight gain. i had a good job and an okay life considering.

in 2008 i could barely leave the house and i gained even more weight as i couldn't get around with the broken ankle. i was always having pain in my legs but i thought it was because of my weight. 2008 - my dad died first - the day he died my job put me on medical hold for 30 days and they fired me 3mos later for missing one day of work. i was in a bad state then emotionally. i lost the apartment, car repossessed. i was going back to live with my mom and she died 2 days before i could get there.

right now i am 460 pounds, five feet 6 with osteo arthritis in my right knee and hip, still having difficulty with my left ankle - i have a steel rod and pins in there. i also have asthma, high blood pressure and i am a breast cancer survivor from 2005 - i am worried that it may be back - no insurance - no mamogram - still take tamoxifen - the clinic i go to prescribes all of the medicines i took in 2008

i have pain in my legs and feet and knees all the time i cant take a bath by myself anymore i have to have a special bath chair in the tub. i cant stand more than a few minutes. i use two canes and i am just a big fat mess.

my representative is a former social security ajudicator, but we have rarely spoken about my case. she submitted my records for an on the record decision from the judge and he turned it down.

i still have the opportunity to go to the hearing, but i don't feel confident. its just so hard to imagine my having to be judged by someone who doesn't know what its like for me.


i know he will say to himself that if you lost weight you would be able to work.
meds: indomethacin,hydrocodone,lisinopril,proa ir,diltazem,bumex,lasix,effexor,wellbutr in,trazadone
what do you all think?

 
Old 09-09-2010, 10:27 PM   #13
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Re: OTR denied - Hearing Sep 9, 2010

Quote:
Originally Posted by BB07 View Post
i would like to mkae a point here- i mean no direspect to this forum or any you fine folks who i happen to connect with- sometime i guess accordong to these rules here i might have been "over compassionate" but only bcause i ama red blooded AMERICAN n i care . thats the simple truth. i care about your strife and the next guys strife n i guess sometimes i said to much to get me in trouble with th rules here but i am a cmpasssionate person and respod as resonable as possible, i believe we are all in need if SOMETHING-at the very least-human compassion and commmradare- i have never meant to intentionalllly disrepect anyone and if i have please accept my apology
Thank you so much for your support. You have no idea how much it has meant to me. I don't know who you may have offended but it certainly isn't anyone who needs your compassion. I am sorry that I have not responded to you earlier. I have been quite ill since I got home today and I was too scatterbrained before the hearing. Please forgive my delay. Keep supporting the members here. We all need it and appreciate it, even if we fail to tell you so.
__________________
L2-S1 & SI fusion
High BP & cholesterol
Hypothyroid
Depression
CES
C5-6 6-7 herniations

Cymbalta
Welbutrin
Seroquel
Topamax
Gabapentin
Skelaxin
Atenalol
Synthroid
Opana ER & BT

 
Old 09-09-2010, 10:30 PM   #14
bwitht
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Re: OTR denied - Hearing Sep 9, 2010

decboom,

Our cases continue on running parallel. It sounds like we had similar experiences in the hearing and now we wait. Please let me know as soon at you get your determination and I will do likewise.
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L2-S1 & SI fusion
High BP & cholesterol
Hypothyroid
Depression
CES
C5-6 6-7 herniations

Cymbalta
Welbutrin
Seroquel
Topamax
Gabapentin
Skelaxin
Atenalol
Synthroid
Opana ER & BT

 
Old 09-16-2010, 04:44 PM   #15
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Re: OTR denied - Hearing Sep 9, 2010

Hi there i read your post and felt like i had 2 write 2 you.i am on disability because of my major depression and being bipolar.i am also overweight i took remeron several years ago and i gained 60 pounds,i kid you not.i was first turned down when i applied so of course i had 2 get a lawyer.in the meantime i did continue 2 have my meds changed it seemed almost constantly and of course i gained more weight.right now i weigh 175 and i am 5ft4in. i did also had 2 have both of my knees replaced which was NO picnic.but anyway GOOD LUCK 2 you and PLEASE keep me posted as 2 how you are doing.until next time TAKE CARE......

 
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