posted
Can anyone tell me what to expect at my hearing? I don't have an attorney, and I'm nervous about going before a judge.
Also, do they tell you right at the hearing if you win or not?
This is such a long and difficult process, and I'm going broke waiting. It's been almost a year since I first filed. Two denials down, three left to explore.
Ann-OH
Frequent Contributor (5K+ posts)
Member # 2020
posted
I have one bit of advice.
You need a lawyer.
The good lawyers have experience with dealing with the system in your area. They will accept your case on contingency meaning you will pay only if they win.
I hope somebody here will contact you with the names of the best lawyers who handle SSDI cases in your area.
Sadly, very few people who represent themselves ever get SSDI.
posted
I'm an exception; I WON MY 2ND CASE WITHOUT A LAWYER effective 7-1-05 after 5 years in yell.
EG, I hope we have talked before & I sent you many DETAILS about the process.
I lost ALL my software where I had my detailed notes last week! So I can't post my newbie info, SSDI, and blood testing info!
I'm so mad at myself for having used the HP RECOVERY DISK does NOT recover but DELETES ALL SOFTWARE ADDED AFTER YOU BUY IT FROM MANUFACTURER!
WHEN is your hearing.
Let's get some preliminaries out of the way:
Did you provide the ALJ:
1. a RFC, residual function capacity from your PCP and rheumatologist? RFC tells how much you can do these things:
sit, stand, climb, use your hands, walk, bend, crawl, etc. ... all used in working and the percentages used!
2. a MFC, mental function capacity from your psychiatrist where they diagnose you with some type of mental illness. Mine was severe depression & anxiety.
If you have NOT done these, DO IMMEDIATELY to give yourself a chance. You can still introduce NEW medical evidence prior & even that day!
Don't dress up for hearing. Wear clean clothes, but NOT DRESSY or you could go to work since we don't look sick. NO MAKE UP OR JEWELRY other than a watch.
Go to the bathroom before the session. I had to drive about 60 minutes to get there. I had to stop 3 times to pee; they will ask you something along that lines.
If possible, take along a portable recorder and record your hearing to listen to later. I requested & former lawyer requested a copy of my tape after 1st hearing, and I never did receive one after over & over for one after appeals council denied.
IF ALJ denies, and you appeal to appeals council, AC; they will normally DENY promptly since NO lawyer is involved according to a friend who told me this happened to her. If it stays at AC level, it was 2.5 years ALL CLAIMS MUST BE THERE BEFORE THEY ARE LOOKED AT!
So start a 2nd claim promptly after the ALJudge denies your case. Have better drs. reports.
NO, they don't tell you at the beginning or ending NORMALLY if you hae won! If that were the case, the hearing would not take place.
MFC is a must MFC is a must; ALJ will approve for a mental case since it's in their approved list of impairments. ; ALJ will approve for a mental case since it's in their approved list of impairments.
Also go to TREEPATROL'S NEWBIE LINKS, and look for MINOUCAT'S DISABILITY LINKS! A lot of my iinfo should be there as well as Minou's.
Also go to DISINUSSES and read the file links there. Crucial info there.
ALJ hearings are normally 60-90 minutes at most.
Are you GOING there or having a video concerence? 1st one I was there & they can physically see you walk in, etc.
But 2nd I requested VIDEO conference & they can schedule those quicker than person to person. I liked video better.
BE SURE TO GET UP, STRETCH, WALK AROUND IF NECESSARY. This shows we can't sit for long lengths of time.
I brought my heating pad to 1st hearing & used it.
Brought my FROZEN ICE PACKS to 2nd hearing but judge couldn't see them.
BE HONEST WITH JUDGE; don't lie about anything. As my former lawyer of 4 years said ... don't volunteer a lot of info. Just answer their question without going on.
Use that time to tell your story...NOT about your illnesses but telling why they PREVENT you from working:
. can't sit longer than 15-20 minutes without stretching; . can't lift more than 5 lbs. longer than 10 minutes; . can't walk due to degenerative or OArthritis. . can't crawl.. . can't stand longer than 5 minutes...
Please answer the questions I posted above. thanks
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EtherealGirl
Unregistered
posted
Thanks for the advice Ann. I still haven't decided if I'm going to hire a lawyer or not at this stage of the game.
Betty, let me try to answer your questions.
~ I do not have a hearing date yet. I have no idea how long it takes to get a hearing, but I mailed in my appeal on May 17th.
~ My PCP and Rhumy only sent in my records. I filled out the RFC papers myself.
~ My psychiatrist has still yet to send in my records or the form that was mailed to him. He's on vacation now, but I'll bug him again when I see him this month.
~ I had to go to the SS counselor for testing, and I was denied on her results.
~ As far as mental illness goes, I have depression, anxiety and am bipolar. The problem is that I was only dx'd as bipolar a year ago.
~ SS has not looked at any of my records beyond Dec. of 2003 as they keep saying that is the last year I was insured. I worked all through 2004 and provided them with my W2, but they still have not looked at my medical records from 04 or 05.
~ Thanks for the advice on how to dress. I did not wear any makeup or even do my hair when I went to the SS doctor, and I was limping, but I was still denied.
~ They will ask me how many times I have to go to the bathroom? I have horrible IBS, will they want to know that?
~ Good advice about the tape recorder.
~ I imagine I'll have to go in person.
~ Thanks for the advice about not offering too much. I tend to go on and on about how upset I am to be disabled, and they pretty much roll their eyes at me.
Ann-OH
Frequent Contributor (5K+ posts)
Member # 2020
posted
You wrote:
~ Thanks for the advice about not offering too much. I tend to go on and on about how upset I am to be disabled, and they pretty much roll their eyes at me. [end quote]
They sure won't roll their eyes at a lawyer who knows the ropes. Please check out what is available to you there,and what it will cost (taken out of your awarded money if and only if they win the case for you.)
Even though she won, Betty said: [quote} I'm an exception; I WON MY 2ND CASE WITHOUT A LAWYER effective 7-1-05 after 5 years in yell. [end quote]
From what I have heard, the time, effort and pain it saves to have a lawyer represent you is really worth it, in the end.
Can't say Betty would have avoided 5 years in "yell" (what a great typo!) if she had used a lawyer in Iowa, but I bet it would have saved her some "yell." (love ya, Betty.)
If you post again about this and put something in the subject about wanting to hear other people's experiences in your state, maybe you will find out what law firm is best there.
posted
Thanks Ann. I'll start checking into lawyers today.
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bettyg
Unregistered
posted
quote:Originally posted by EtherealGirl: Thanks for the advice Ann. I still haven't decided if I'm going to hire a lawyer or not at this stage of the game.
Betty, let me try to answer your questions.
~ I do not have a hearing date yet. I have no idea how long it takes to get a hearing, but I mailed in my appeal on May 17th.
~ My PCP and Rhumy only sent in my records. I filled out the RFC papers myself.
~ My psychiatrist has still yet to send in my records or the form that was mailed to him. He's on vacation now, but I'll bug him again when I see him this month.
~ I had to go to the SS counselor for testing, and I was denied on her results.
~ As far as mental illness goes, I have depression, anxiety and am bipolar. The problem is that I was only dx'd as bipolar a year ago.
~ SS has not looked at any of my records beyond Dec. of 2003 as they keep saying that is the last year I was insured. I worked all through 2004 and provided them with my W2, but they still have not looked at my medical records from 04 or 05.
~ Thanks for the advice on how to dress. I did not wear any makeup or even do my hair when I went to the SS doctor, and I was limping, but I was still denied.
~ They will ask me how many times I have to go to the bathroom? I have horrible IBS, will they want to know that?
~ Good advice about the tape recorder.
~ I imagine I'll have to go in person.
~ Thanks for the advice about not offering too much. I tend to go on and on about how upset I am to be disabled, and they pretty much roll their eyes at me.
Thanks for all the info and advice!!!! Holly
I quoted this so I'd be sure to answer questions as you asked them.
CRITICAL ON HIRING A LAWYER: Make sure they can represent you in CIVIL COURT IF ALjudge and Appeals Council DENIES YOU!
My former lawyer of almost 4 full years NEVER told me he couldn't represent me in court! When I got my lyme dx, he chose that time to quit me! "I was too difficult to work with" since I kept hounding his staff to send to the DDS/ALJudge medical records I'd sent them that THEY WERE holding!
Holly, I would take charge of SENDING IN ALL MY RECORDS! Don't depend on this MD or that or a new lawyer. I found my former lawyer/staff did not send many critical documents in the 4 yrs. I was with them.
Always make sure you have a COPY OF EVERYTHING sent to DDS/ALJ.
Speaking of ALJ, it takes 12 months+ to get a hearing unless you agree to a VIDEO one; takes less time. If you get a lawyer, let them know your wishes about this.
Ann, you know the word I typed so it was edited by mgmt. interesting with all the other cuss words being left to go as is....
RFC papers are no good unless signed by YOUR DR. OR RHEUMATOLOGIST; it's their MEDICAL opinion that is necessary to show up when answering EVEN IF YOU filled out a blank for them. It's their signature needed there.
MENTAL illness -- the next diagnosis is GOOD; make sure you have documented evidence of this to send in.
Also, eventually when you are notified your hearing will be on set date, ask promptly to review your ENTIRE FILE AT LOCAL SS OFFICE.
It's critical you read/copy ALL DDS/ MD records of their findings using your MDs reports. What are their excuses for not approving you? This is what you are looking for.
IBS, I'd describe the pain to them, how often this occurs especially in the WORK place. I was gone from my desk a lot especially when it was my job to answer phones & other co-workers resented answering phones for a few minutes on every occasion I had to pee.
You've got about 1 full year to go to DISINISSUES and read their files good preparing your case more.
Also go to Minoucat's disability link ... I know I have my stories in there & I give very detailed info to be followed so you can win w/out a lawyer!
posted
Can anyone recomend a great lawyer in MA? Thanks, Kathy as always, Posts: 64 | From MA | Registered: Mar 2006
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bettyg
Unregistered
posted
EG, contact your local democrate & republican senator & house of rep for your CITY. Ask them to help you.
You'll need to sign a form saying they can have access to your medical info, etc. But DDS has to keep them informed MONTHLY where you are in line for a hearing & WHEN the hearing is!
Also, bankruptcy ... tell your politicians this NOW, and then can help get something sooner due to your financial situation.
Remember, work both parties! Then remember who helped you the most when you vote in the elections! I am.
posted
EG, I don't think you showed what step you are on?
app only, RECONsideration, or was this ALJ hearing denial?
Also, tell your local SS office you wish to review YOUR complete DDS file in their office!
You want to put post it notes on ALL of DDS/DDS MDS pages; then you want to copy them. DON'T read them there, read them at home.
They are observing you ... how long you can sit, walk, stand, are you in pain, don't dress up or ware alot of jewelry/makeup, etc. Get up from your chair often.
You will have to copy your own. I did & had their doors closed as well as ALL THEIR SHADES DOWN! they didn't like coming into this morgue to make occasional copies but it worked for me, and they could observe this was necessary as well as my darkest rx sunglasses with NOIR wraparound sunglasses over them & my floppy hat over to keep more light from hitting my eyes/face!
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EtherealGirl
Unregistered
posted
Betty, I've had two denials already. This is my third go-round.
I'll look into getting to see my record. I think that's a great idea! Thanks,
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