How would you handle this? Disability nightmare, Chapter XIVIVXXXIII  | | | | I'm about to go insane over this disability case of mine! For those who haven't been following my case, here are the basics: I applied for disability in 2002 after being diagnosed with fibromyalgia and numerous other syndromes. I had been unable to work since 2000. After denial after denial and appeal after appeal, I had my last hearing before the disability judge on February 13th, this year. The judge wanted an updated psyche evaluation so that was set up for April 20th, which I went to. On May 1st, I received a letter from the judge, along with a copy of the psyche report, saying that I had 10 days from receipt of that letter to request a new hearing or submit additional information. Since the psyche report was extremely in my favor, I did nothing. Well, that "10 days" was over on May 11th. It's now June 10th and I've heard nothing from Social Security; nothing at all. I'm thinking of writing a letter to the judge, but am not exactly sure how to say what I want to say. I don't want to jeopardize an approval, which I SHOULD be getting, since the judge said his decision would be based on that psyche evaluation, so I'm unsure how to go about wording a letter to him. Do you have any ideas or suggestions about what to put in a letter to this Administrative Law Judge? I'm going nuts waiting for the mail every day, only to be disappointed because there's nothing from Social Security... again and again. | | | | | | | | | | | | | | | | | | |
| 1. moondancer (4017)
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3 years ago
| | I have never written to a judge. I have written to a senator and called them asking that they intervene on my behalf. I would suggest this as they have the authority to take care of this matter. | | | | | | | mentalward (6157)
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3 years ago
| | Thank you for that reminder! I forgot all about the Senator and Congressman who've been helping me with this! (That's part of my disability... my memory REALLY sucks!) I'll write to them right now! I'm SO thankful for finding myLot because, any time you have a question, just post it here and inevitably you'll get some great answers. Again, THANK YOU!!! I honestly had forgotten all about my senator and congressman! | | | | moondancer (4017)
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3 years ago
| | I really do understand. I have seizers about every night and they cause me to forget things all of the time. I have the same problem...my memory leaves me many many times. You are right about mylot of course. I love it here. I have some really good friends here. | | | | | | | Ask a Lawyer: Appeal 24 Lawyers Are Online. Ask a Question, Get an Answer ASAP. JustAnswer.com/Law/Appeal | add comment | | | |
| 2. AngryKittyMSV (1913)
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3 years ago
| | The person you need to send a letter to is your local representative in Congress. That's what my lawyer told me and my Congresswoman's intervention is what FINALLY got the ball rolling. You can' just call your Rep, you have to write and send it by snail mail asking for assistance. Have you spoken to your attorney? That is probably what you need to do first. | | | | | | | mentalward (6157)
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3 years ago
| | See my response above. I had actually forgotten about the senator and congressman who've been helping me with my case! I have the personal email address of my senator, so I'm able to send an email. But, I also have their telephone numbers so I'm going to call them. They each gave me the name of a person they've specifically chosen to handle my queries. If they say to write a letter, I'll write a letter. Unfortunately, I don't have a lawyer. I DID have a lawyer, through Binder & Binder. (Don't EVER use them! They're horrible! Less than worthless!) They dropped me as a client after my first hearing before the judge, when I was again denied. They said that the next step would be "too labor intensive" for them to handle. Can you imagine that? They don't give a hoot about their clients, only about the money they collect. Grrrrrrrrrrr!!! Anyway, they dropped me, but never would send me a waiver of fees, so no other attorney would take the case because they were afraid they wouldn't get enough money if Binder & Binder decided they wanted their share. I did send Binder & Binder a letter, telling them that if I did not hear from them within a specific date and time, then I would take that as their waiver of fees. They never got in touch with me, so legally I do have a waiver of fees but it was too late to get another attorney so I went to the last hearing by myself. Funny, when I went with a lawyer, I was denied. When I didn't go with a lawyer, I wasn't denied. Odd. | | | | | | | N.H.M.S.S. Honor Society Apply Online Today! The National Honor & Merit Scholars Society www.NHMSS.org | add comment | | | |
| 3. dragon54u (15681)
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3 years ago
| | I'd call SS and ask what the procedures are--whether you can expect a decision by now or it takes a few months. I wouldn't bother the judge at this time, he probably has hundreds of cases to deal with and it would just irritate him. The people at SS should know how long it takes to render a decision and how long it takes to notify you of it. It's almost over, hang in there! I'll be praying for the best for you. | | | | | | | mentalward (6157)
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3 years ago
| | Thanks so much, dragon! I HOPE it's almost over. Seven years is a LOOOOONG time for them to see what's right in front of their faces: the doctor's reports, all of which say I can't work. I'm just thankful that the psychologist they sent me to, the one Social Security pays to evaluate claimants, gave me an extremely favorable report. Maybe that's what's driving me so batty now... because of that report, there's no way the judge could deny me again, since he said he'd be basing his opinion on that report, so I'm almost positive I'll be approved this time which makes me all the more anxious to hear from them. Of course, that may be why I haven't heard anything yet... they're taking their good old time because they'll be handing over a pretty big chunk of change to me and they want to hold on to it as long as they can. It's just one more thing to prove my theory: the government doesn't give a poop about us little peons. They're playing with my life here, but they don't care. I now have over $4,000.00 in medical bills because my husband's new insurance, through his job, is HORRIBLE! Out of all the bills submitted by my internist, my rheumatologist, the neurologist and all the labs, the insurance has paid a measly $14.00! That's all! They're denying all the other claims. AND, we're paying almost $400.00 a month to keep this insurance! We're about to drop it because it's not saving us anything, it's actually costing us! Insane, huh? I really need Medicare, desperately! That's just another reason why I'm so anxious to be approved, and why I'm getting more and more depressed. I wish they'd see me as a human being and not just a case number. | | | | | | | Instant Approval Cards Credit card offers that match your credit profile. Instant approval. CreditCards.com/Instant | add comment | | | |
| 4. sparkofinsanity (3868)
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3 years ago
| | I don't think I'd be writing to the Judge per se sweets, but I would be getting in touch with the Social Services or whomever else you have been writing to about this. In your country you can write to Congressmen and such can't you? Here in Canada I just email the Attorney General or the Minister of whatever the matter pertains to. And I keep emailing until I've got an answer simply because they want to get rid of me! LOL Good luck and let us know how you do......... | | | | | | | mentalward (6157)
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3 years ago
| | Thanks, sparks. If you read my first response above, you'll see that I had completely forgotten all about the senator and congressman who've been helping me with this. I need to call them both and advise them of the status of things. They've both given me a number to call and the name of someone in their office to help me with this, I just completely forgot all about them! That's one of my more serious problems that are preventing me from working: my memory. I used to be a proofreader and that's not a job to have if you have memory problems! Anyway, thanks for helping to reinforce this. It is most definitely my senator and/or congressman who should be helping. Tomorrow, first thing, I'll be calling them. Today, my sons were here and I wanted to enjoy their visit. We had a barbeque which turned out fantastic, because a thunderstorm rolled on in right after we took the meat off the grill. I'll keep emailing these guys, too. I'm finding that the squeaky wheel really does get the grease! I'll keep you posted! | | | | | | | USA's Top Credit Cards Sort Best Credit Cards by rates, rewards, and low fees. Try it now! www.Banktruth.org/CreditCards/ | add comment | | | |
| 5. rdadey (364)
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3 years ago
| | Hi ...I see that you are having a very difficult time. I'm in Canada and don't really know and understand how your policies and such work down there but I see its designed similar to ours so that you aren't really getting help and have to fight for every little thing. I hope that you do get the services you need because denial of giving you help has to be very stressful and I'm sure you don't need it. I'm not religious but my thoughts are with you and I hope someday soon you get good news and the help you need. Take care. | | | | | | | | | | | | Credit Cards & Rewards Compare Top Credit Card Reward Offers & Cash Back Cards www.comparecardsnow.com | add comment | | | |
| 6. bdugas (2792)
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3 years ago
| | First of all I believe when you said you did nothing when the judge sent you the letter asking for additional information or a new hearing, the case is over. You did not do anything to get what the judge ask for. The judge sent you a letter asking for additional information, or a request for a new hearing. It said you had 10 days to get back to him. Why do you think he sent you that letter. I'm sorry but I been down this road before for 6 years fighting my hubby's social security. When they ask for additional info, it means that this may be in your favor but it is not enough for them to make a decision on. Your time is up you can call the social security as soon as possible, but I will bet you that they will tell you you have to start over again. When they send you a letter requesting additional info, it means that yes they took that into consideration but that is not enough for them to make a decision on. Sorry not trying to be mean just been through it before. I got one of these letters and our attorney said he would take care of it and he let the time elaspe and we started from the start again. I believe they have 120 days to send out the determination. And do you know that every time you start over you start over from that time you refile.you lose the time that you already put into the case. Call social security 800-772-1213 | | | | | | | mentalward (6157)
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3 years ago
| | I may have worded it wrong. The judge wasn't requesting additional information. He said, in the letter, that I had 10 days in which I could send in any additional information if I wanted to. I had no additional information, except for one nerve conduction study report, which I did send him before I even received that letter. The letter stated that I could request a hearing to discuss the results of the psyche evaluation report, if I had any disputes with it, which I didn't. The case is not over because I have not received a denial letter. I have received nothing. But, according to the judge himself, when I was at my last hearing, he said he would be making his decision after receiving that psyche report. The letter he sent on May 1st only said that he would hold off his decision for 10 days and I had that time to get any more information to him, if I had any. The psyche evaluation said I was SEVERELY affected by my physical and emotional/mental issues and they would severely affect my ability to work. If the judge denies me after that, then this is a case of discrimination. They've chosen my case to deny, no matter what. I have some very serious issues that have been proven over and over again by doctor after doctor for seven years now, ending with the evaluation from the psychologist that Social Security paid for his opinion. Even if I'm denied again, I have one more level to go through: suing the Social Security Administration. I've already spoken to an attorney about this and read this very thing on Social Security's website. I can sue them as the next level in this case. It's not over. I WILL sue them if they deny me this time around. Tomorrow, I'm going to be contacting the senator and congressman who've been helping me on this case. I had forgotten all about them (part of my disability is extreme memory problems) until it was mentioned in this discussion. | | | | bdugas (2792)
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3 years ago
| | Yes you did word it wrong, sorry for my comments but I was going by what you stated, and I do know that if you get a letter and it says so many days to get them additional info and you do nothing the case ends. It is unreal what they make you go through when you apply for the benefits that you worked for all your life. I got mine on depression, fastest way they said and the report they gave you probably covered that. How can you not be depressed when you are sick and can't work and their are still bills to pay. MY hubby was hurt on the job in Feb 1995, I fought everyone in the country trying to get him some help. Till Sept 1998 and I had a massive heart attack from the stress, there was 2 of us then both hurt and no money coming in. We lost our home, they came picked up our truck that we had paid on for nearly 5 years and owed just 2000 bucks on.We sold our furniture one piece at a time to survive each day.They sent him for tests after test, then finally operated on him, which we came to find out if they had done a different procedure he could of went back to work, but there was no money in it for the lawyers. The operation only made him more disabled. It took him till 2001 to get what was his all along, they just drug it out. As for me it took me another 4 years of fighting them, I am not even suppose to pick up the gallon of milk from the refrigerator, that is how bad my heart was damaged. I hate going to their doctors oh they tell you anything then when they submit the paperwork it is all different. One report that I saw in my file was after I made a trip to take a treadmill test and after about 45 seconds he stopped me called the social security office and said I will not go on with this test and have her pass out or fall off the treadmill, when he sent the paper work in it stated I was a 59 year old black woman that was not having the problems that I stated. I am not black and I had just turned 51. I do believe though if you call them they will tell you they have 120 days before they have to give you a determination. That is the longest 120 days that you can live. I truly hope that it goes through this time. Guess what i got out of mine $257.00 a month. Because I'm married and hubby only makes $757. because of some stupid lawyer that filed papers wrong. Women don't get crap, and I was a General Motors employee for quite awhile. I got my first check on June 3rd, only because I turned 62, i have been on SSI till now. The SSi gives you the medical you need, good luck hon and let me know what you hear from them this time, maybe the judge will make it happen this time. | | | | | | | Credit Card Comparison Compare Credit Card Terms & Save! Compare all Credit Card Offers Today! CompareCC.com/CreditCards | add comment | | | |
| 7. leenie50 (2134)
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3 years ago
| | Well Marti, The one thing I know for sure is that it needs to be short and to the point. You'll want to point out that for the past 7 years you have lived every day in excruciating pain and have done everything SS has asked of you, over and over. Tell him that you have no where else to turn except to him to hear the truth, and the truth is that SS has turned their back on you over and over again when you've needed them most. Remember that they are very busy and don't want to be overwhelmed with details. They have read all the details so you are trying to get to his empathetic side. Those were the suggestions and advice given me once when I had to go before a work Comp. judge. I even had my very ill second husband with me and wanted to explain his situation but that wasn't relevant to my case. I hope I helped a little. Good luck to you sweetie. Hugsss leenie | | | | | | | mentalward (6157)
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3 years ago
| | You said something that made me smile: "...they are very busy and don't want to be overwhelmed..." I have a friend who worked for Social Security for around 20 years and, believe me, they AREN'T busy! Sure, they have a lot of work, but it's because of how slowly they work! I lived near a gal who also used to work at SS, and she said she had to quit because she was being blackballed by her co-workers because she WORKED. She didn't shuffle her feet or take 20 breaks a day. She called it the "Social Security Shuffle" because everyone seemed to move as slowly as they possibly could. Shame, huh? I was reminded of the senator and congressman who've been helping me through this last appeal. I had forgotten all about them! A large part of my disability is my memory problems and this is a perfect example. I completely forgot about them! They have written to me and gave me the name and phone number of someone in their office they've assigned to my problem, so I'll be calling them tomorrow morning. Maybe one of them can find out what's holding things up and maybe even get the ball rolling. Believe me, the day I get that approval letter, assuming I ever WILL get approved, everyone will know it because of the big WHOO HOO I belt out! I don't care where in the world you live, you'll hear me! LOL | | | | leenie50 (2134)
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3 years ago
| | Marti, I'm sure you did smile. I was only talking about the Judge. I know what you mean about the slowness. Most of the time I believe they are not only slow in movement but also slow in the head. Of course there are exceptions to the rule. One of my Sister-in-laws worked for Social Services and she was an exception. | | | | | | | benefits Explore Health Insurance Options Benefits for Low-Income households www.FindAssurance.com | add comment | | | |
| 8. syankee525 (5263)
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3 years ago
| | i sure hope you got a lawyer for this, i had to get one, so did my wife for our's. but yeah if you dont get one for sure to help you to handle all this. most of the time, they just get paid from your settlement it's well worth it. it took me forever to get approve. my wife didnt take as long as my | | | | | | | mentalward (6157)
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3 years ago
| | I had a lawyer but they dumped me as a client after the hearing before this last one. This lawyer was employed by Binder & Binder. They were HORRIBLE! They did absolutely nothing for me unless I threatened to sue THEM! I actually do have a good case for a lawsuit against them because I hired them in April 2004. After waiting for 19 months and still hadn't received a hearing date, I found out that they weren't even in Social Security's records as being my Attorneys of Record! That was 19 months totally wasted! It took another 11 months, after correcting their stupid oversight, before I got a hearing date. What should have taken between 6 and 18 months actually took 30 months, or 2 1/2 years! They didn't want to do any work, they just wanted to collect their fee. Since my case was denied, they wanted nothing more to do with me. Unfortunately, they never sent me a waiver of fees so no other lawyer would take my case. It seems they're all just after the money. I spoke to 3 other lawyers and they were all more concerned about having to "share" their fee with Binder & Binder than they were about helping me to get disability. So, I went to my hearing without a lawyer. I also wrote to the judge and let him know why I didn't have a lawyer. I wanted him to understand that I was between a rock and a hard place. Funny thing was that this time, I wasn't denied right off the bat. When I went with a lawyer, I was denied. This last time, the judge said he wanted an updated psyche exam before rendering his decision. He said he would base his decision on the results of that exam. The report stated that my ability to work was severely affected by my mental/emotional issues that are a direct result of my physical problems. The report couldn't have been more in my favor. But, I've been reminded of a senator and congressman that I contacted to help me. I'm going to be calling them both tomorrow morning and let them know what's going on right now and that I'm completely losing my mind from waiting for some kind of word from Social Security. I'm sure they'll be able to check into it and, hopefully, get things moving. | | | | | | | 2nd Chance Cash Advance Now you can get Approve, $1500 in Your Savings or Checking. 2ndchancecashadvance.com | add comment | | | |
| 9. Opal26 (14496)
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3 years ago
| | Hey mentalward! Didn't you ask the Administrative Law Judge approximately how long it would take to make the decision? Being that there is alot of time and money involved because you would be entitled to backpay it would take a longer amount of time to send you the final decision! That would be the only reason for the holdup! They would have to decide on the amount that they want to pay you and the date that the decide you are entitled to for the back pay. I got my decision rather quickly and on the first try, which is almost unheard of and I didn't get much back money except $742 which is what Social Services didn't take away from me. The company that helped me get my Disability got it for me within the first seven months that I applied! I applied November, 2008 and got my first check on May, 2009 for SSI and then my SSD check on June, 2009 instead of SSI it changed to SSD. That is unbelievable because I have not known anyone to get it on the first try ever! And I have the worst luck of anyone I know! So I think that the reason you haven't heard is because they are trying to figure out the amount they want to pay you in the retro pay from what date! So DON'T DO ANYTHING! JUST WAIT! I BELIEVE YOU WILL HEAR VERY SOON! Believe me, I know what I'm taking about! And SSD takes even longer to hear so just hang in there! Write me at my email addy that I sent you if you want to go over this again! Be glad to discuss it further! Opal2626@yahoo.com | | | | | | | mentalward (6157)
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3 years ago
| | You're also the only person I'VE ever heard of getting it on the first try! I'm just about to lose what little of my mind I have left. I can't believe it's taking this long. The judge said that he'd be making his decision 10 days after I received that letter. Okay, so maybe he made his decision but, until I know what it is, I'm going to be going nuts. The judge told me they'd be going back to when I first stopped working, in April, 2000. I also know what my monthly check should have been all this time because of my Social Security statements, so there's no question about what they should be giving me. I can't believe they're so stupid that they can't multiple one monthly amount by X number of months from April 2000 until now! It's going to be a large amount but it's not like it's charity! I EARNED this money! I worked for almost 40 years and they took Social Security taxes out of every penny I earned all that time. I'm going to be calling my senator and congressman who have been with me all through this last hearing of mine. I had forgotten all about them. That's part of my disability: my memory. It's awful! I was playing a game of solitaire, I believe it was called Forty Thieves, and forgot how to play it right in the middle of playing it! That's how bad my memory is. Luckily, I've been reminded of them here in this discussion. So, first thing tomorrow I'll be calling them and letting them know where it stands and see if they can speed things up for me. I'll write to you tomorrow. Thanks so much! | | | | Opal26 (14496)
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3 years ago
| | I'm telling you that I am SURE you got it! But, they take awhile to get the ok to release the actually money, especially when it is a large back payment! Let me know what happens when you get in touch with the people you need to! I am sure that you won't be denied this time! | | | | | | | Top Anti Aging up to -57% Top Anti Aging at bargain prices: Compare offers and save up to 57%! www.Anti-Aging.news72.com | add comment | | | |
| 10. AnnieOakley1 (2645)
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3 years ago
| | I PM'd you, dear. Sorry it took so long. I've not been on the lot much. But I saw your email notification and I saved it to make sure I DID get back to you. I hope it's okay. If not, just tell me what else you would like me to say or I can reword it a bit. Not a problem. (((HUGS))))) | | | | | | | mentalward (6157)
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3 years ago
| | I saw it. Thanks so much, Annie! It says exactly what I believe it should say, although maybe I'll put it more in layman's terms because I don't want the judge saying that I seem to be quite literate and deny me! But, it's perfect. Thank you!!!! | | | | AnnieOakley1 (2645)
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3 years ago
| | Hogwash! They're ONLY WORDS! Just tell him that a CANADIAN Legal Secretary helped you write it. LOL. | | | | AnnieOakley1 (2645)
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3 years ago
| | Better yet, tell him you now have a CANADIAN PARALEGAL friend that wrote it for you, for free, just because she likes you and knows DAMN WELL that you DESERVE this disability. Yeah, I like that one. Maybe do it in a P.S. at the bottom. There is plenty of space, and you can use a smaller font, too. Every lawyer, and all judges are/were lawyers originally, always goes to the fine print first, lol. To see what someone is trying to hide from them. lol | | | | | | | Credit Card in 60 Seconds Get Low APR Credit Card in 60 Sec. Apply for Instant Credit Card Now! www.bestcreditoffers.com | add comment | | | |
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