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My case was approved when I first applied, Margaret---and it only took them 3

months to approve it.  No appeals.   BUT, I had researched extensively---what

SSA was looking for (buzz words)...and I employed the attorney before even

filing the initial paperwork.  In fact--because my application was approved in

three months--there were no BACK benefits--so, my attorney made nothing from my

case!  (I did give him a gift certificate for his time, though)

 I didn't want to mislead anyone.  I know that once an application has been

denied--that it DOES take longer to get a hearing.  But, at least in

OHIO,---2-3 years was NOT the norm.....it went much more quickly than that in

Ohio--my attorney said about 9 months.

You are right---there are a lot more applications for SSDI due to high

unemployment...Olnisa--you are saying everything that I was feeling when I

applied.  Do not worry that they won't understand....I think that they " get it "

now with fibromyalgia.  When I applied 10 years ago--the case worker told me

that they had just had their FIRST seminar on fibromyalgia....they didn't

understand it that well back then.  They sure do now!...so, just be patient.

 You need to keep on top of things--making sure that whatever documents SSA

requests--that they get filed.  I had to make sure that the doctors and the

attorney were in sync with each other----that ONE of them was filing what SS was

asking......

I, too could have worked five hours a week---and that is NOT the standard

(unless they have changed it) since I filed.  The standard is that you are able

to do ANY full time job--not just the one that you are coming from.  I am sure

that you are NOT able to work from home for 40 hours in any given week---and I

doubt that there are jobs out there that would LET YOU do all of the work from

home.  SO, you have to include things like--needing naps in the middle of the

day, frequent wakings in the night, cognitive impairment--that you can no longer

remember things or learn anything new.....etc.etc.  It will come...don't

worry...but, DO keep on top of things.

Lynn

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That sounds quite proactive!

Are all lawyers this involved?

I met with mine for an hour or two initially, before application. . (I'm

complicated; it took a while to explain, and she talks a lot.)

Then no help with the functioning form.

Unknown how good she was with collecting records. Her staff is abysmal, but she

is great, so who knows. No advice on which drs to keep going to, if any. If I

ask questions via email or phone, I get brushed off, or irrelevant answers from

her staff. I understand she only stands to make $6K max off me, so every phone

call or email counts.... But this is a long process, and there are lots of

questions that come up over a year and a half--esp since I'm trying to get

better and work, and had to drop out of grad school, but of course, want to go

back and don't know when or if I can, and my health insurance is tied to being a

student! How does everyone figure out how to live? It's complicated, as

evidenced by my page long emails, and all of your detailed responses! :)

I spoke with the lawyer for an hour on the phone recently, (a year later) with

some of these questions. Got a little info...

The hearing is in a month and I have no clue what to expect. Is this everyone's

experience?

Olnisa

> point.

>

> One thing that my attorney did for me was prepare a checklist/questionnaire

type of document for three of my doctors, each one customized to that particular

doctor. The docs were able to fill it out in 5 minutes or so but it gave a lot

of information about what I was and was not capable of doing.

>

> Margie

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I'm so sorry to hear all that. :(

> If I had known more at my hearing, I believe I would have asked that

> my lawyer do the talking for me as I have brain damage and cognitive

> impairment. That judge was mean and fired questions at me that were

> confusing and fast and I really got scared.

>

> That was my first hearing. It took me 5 more years and a really good

> lawyer before I finally received SSDI! Luckily my wife has a good job

> and we scraped by.

>

> Peace and Love,

> Byron

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So sad that you are not rewarded for trying. :(, even beating a dead horse! ;)

Should I just quit? 5 hrs a week is not sustaining me financially, it's a huge

struggle and strain, and I usually end up going for a pay period (two weeks)

without making any hours anyway, and then manage some the next week or two, and

I'm constantly letting my boss down, and she's so nice, it's horrible to do

that.

>

> Also, working 5 hours a week may prevent you from being awarded SSDI benefits.

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So sad that you are not rewarded for trying. :(, even beating a dead horse! ;)

Should I just quit? 5 hrs a week is not sustaining me financially, it's a huge

struggle and strain, and I usually end up going for a pay period (two weeks)

without making any hours anyway, and then manage some the next week or two, and

I'm constantly letting my boss down, and she's so nice, it's horrible to do

that.

>

> Also, working 5 hours a week may prevent you from being awarded SSDI benefits.

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It took me three years to get approved.  They did everything they could to deny

me but in the end the judge sided with me, against SS own doc who didn't believe

anything was wrong with me.  I got lucky because I had a good judge who listened

and paid attention to what my docs were saying.  But the whole process was just

horrible.  They kept sending me to their shrinks and delaying and denying

everything.  Very very stressful to say the least...

 

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It took me three years to get approved.  They did everything they could to deny

me but in the end the judge sided with me, against SS own doc who didn't believe

anything was wrong with me.  I got lucky because I had a good judge who listened

and paid attention to what my docs were saying.  But the whole process was just

horrible.  They kept sending me to their shrinks and delaying and denying

everything.  Very very stressful to say the least...

 

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It took me 1 yr to get approved and after attempting at first on my own.. I

appealed with the help of a disability lawyer and got approved.

Staying organized with all of my medical records, appealing with a lawyer and

taking the lawyer's advice was essential.

Chelsea

>

> It took me three years to get approved.  They did everything they could to

deny me but in the end the judge sided with me, against SS own doc who didn't

believe anything was wrong with me.  I got lucky because I had a good judge who

listened and paid attention to what my docs were saying.  But the whole process

was just horrible.  They kept sending me to their shrinks and delaying and

denying everything.  Very very stressful to say the least...

>  

>

>

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It took me 1 yr to get approved and after attempting at first on my own.. I

appealed with the help of a disability lawyer and got approved.

Staying organized with all of my medical records, appealing with a lawyer and

taking the lawyer's advice was essential.

Chelsea

>

> It took me three years to get approved.  They did everything they could to

deny me but in the end the judge sided with me, against SS own doc who didn't

believe anything was wrong with me.  I got lucky because I had a good judge who

listened and paid attention to what my docs were saying.  But the whole process

was just horrible.  They kept sending me to their shrinks and delaying and

denying everything.  Very very stressful to say the least...

>  

>

>

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Olnisa, my exp was that *after* all the reports were in and the hearing was very

soon..the lawyers told me a few things to expect. As I *said* if you want

details please contact me offlist/privately.

As to whether you ought to continue working the few hours you do...imo, no,

because from what you're saying you wind up not being able to be there and

feeling crummy bout that..and of course it happens again, and it will.

I made the mistake someone else mentioned here. That is, that I was so resistant

to admitting how little I could do, and so " indoctrinated " in trying to not seem

lazy or malingering, that when I described what little I could do, it was

interpreted by the doctor the SSA sent me to, as my being semi-ok.

Plus, while I wouldnt have believed this either, that doctor *lied* to the SSA

too!

I couldn't believe ther would be outright lies from a professional contracted

by a government agency. But he did.

So anyway_ I had a hearing. Before that I spoke with others with similar

conditions about how to talk to them, while still being truthful.

The SSA seems nice enough,even helpful...but to my surprise, they're actually

told not only to look for discrepancies in claimant's stories but to *find*

them, and confuse us.

Their idea is, if we are really too disabled to work, we'll keep trying, because

we have no other help. This was actually started by Pres. Reagan some years ago.

But please let's not discuss politics right now!

Anyway, many people give up because the application process is so tough...which

is what they're hoping for, in order to filter out people who don't really need

disability payments.

Now, while I can definitely understand the reasoning behind *that*, it really

doesn't wind up being so smooth and clear at all.

Many of us fall by the wayside when we feel beaten down, and give up totally on

life.

Oh one more thing, youth and education have nothing to do with it. I was a

little older than you are when I applied, but not a whole lot.

Also, I too was educated, had done some grad work too and had worked for

years...the point is I *can't*, and you *can't* work *anymore*.

We're confused ourselves because we do occasionally have a good day or

two..but like someone else said...are your good days really what they were

*before* you became so ill?

I know for me, they were not.

Still wishing you luck! :-)

Re: Re: Work?

That sounds quite proactive!

Are all lawyers this involved?

I met with mine for an hour or two initially, before application. . (I'm

complicated; it took a while to explain, and she talks a lot.)

Then no help with the functioning form.

Unknown how good she was with collecting records. Her staff is abysmal, but she

is great, so who knows. No advice on which drs to keep going to, if any. If I

ask questions via email or phone, I get brushed off, or irrelevant answers from

her staff. I understand she only stands to make $6K max off me, so every phone

call or email counts.... But this is a long process, and there are lots of

questions that come up over a year and a half--esp since I'm trying to get

better and work, and had to drop out of grad school, but of course, want to go

back and don't know when or if I can, and my health insurance is tied to being a

student! How does everyone figure out how to live? It's complicated, as

evidenced by my page long emails, and all of your detailed responses! :)

I spoke with the lawyer for an hour on the phone recently, (a year later) with

some of these questions. Got a little info...

The hearing is in a month and I have no clue what to expect. Is this everyone's

experience?

Olnisa

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Yes..almost exactly the same as for me, . Finally..and yes..the doctor SSA

sent me to lied and was not in favor of me obtaining SSD, but finally in the end

my regular doctor's report and my pain mgt doctor's report plus my attorney

worked together, and then the judge himself was on my side...thank goodness. It

took at least 4 years too.

K.

Re: Work?

It took me three years to get approved.ý They did everything they could to deny

me but in the end the judge sided with me, against SS own doc who didn't believe

anything was wrong with me.ý I got lucky because I had a good judge who listened

and paid attention to what my docs were saying.ý But the whole process was just

horrible.ý They kept sending me to their shrinks and delaying and denying

everything.  Very very stressful to say the least...

ý

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Wow, that sounds lucky! :)

What did you all do about witnesses? Bring anyone is person?

Could you use someone by phone? Like could i use Perhaps an " expert patient "

from one of my other forums, who knows me only virtually, but also knows my

condition well?

I don't think my parents would help. I think they would hurt. If I have a

tendency to make things sound better than they are and be hopeful, and I do, my

mom is 10 times worse! I think she'd end up contradicting me and the lawyer.

But I know witnesses are good... So I'm considering it.

> The judge himself was on my side..

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No witnesses. They are likely to cause you more stress than it is worth and more

for your lawyer to handle.

Not that stress exhibited in front of the judge is a bad thing. It may be

helpful for the judge to witness your inability to handle stress.

Paperwork with words such as what you have written here, to CF-Alliance, the

last few days is convincing. Get it on paper so you don't have to talk as much

in the hearing.

For instance when the judge asked me about my job, I burst into tears. Sobbing,

took a long time to collect myself. My lawyer was thrilled for me.

: )

Plus I had highlighted the dates ( & docs, type of doc, my reason for the visit)

of symptoms preventing me from working complained about to doctors for many

years. This makes it easy for SSA personnel and the judge to read symptoms and

test results preventing me from working and documented in doctors' records and

notes.

Research is done by judges's staff before the hearing. So get new documentation

in right away.

Get your current boss and a family member you love alot and who loves you to

write what they have witnessed and add it to your SSDI file either through your

lawyer or directly to SSA with a copy to your lawyer.

Reread what you have written the last 2 days for a look at how you are doing. It

is very convincing.

A mid-September hearing is very close. Add pages about how your symptoms prevent

you from working and get them in the mail.

I am grateful you have a good lawyer you like.

Breathe. Not too deeply since deep breathing may cause you awful symptoms. But

breathe. Breathe in the compassion of your fellow sufferers here in CF-Alliance

who have been through this before.

toni

cf-alliance.tripod.com/

from iPad

> What did you all do about witnesses? Bring anyone is person?

>

> Could you use someone by phone? Like could i use Perhaps an " expert patient "

from one of my other forums, who knows me only virtually, but also knows my

condition well?

>

> I don't think my parents would help. I think they would hurt. If I have a

tendency to make things sound better than they are and be hopeful, and I do, my

mom is 10 times worse! I think she'd end up contradicting me and the lawyer.

But I know witnesses are good... So I'm considering it

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No witnesses. They are likely to cause you more stress than it is worth and more

for your lawyer to handle.

Not that stress exhibited in front of the judge is a bad thing. It may be

helpful for the judge to witness your inability to handle stress.

Paperwork with words such as what you have written here, to CF-Alliance, the

last few days is convincing. Get it on paper so you don't have to talk as much

in the hearing.

For instance when the judge asked me about my job, I burst into tears. Sobbing,

took a long time to collect myself. My lawyer was thrilled for me.

: )

Plus I had highlighted the dates ( & docs, type of doc, my reason for the visit)

of symptoms preventing me from working complained about to doctors for many

years. This makes it easy for SSA personnel and the judge to read symptoms and

test results preventing me from working and documented in doctors' records and

notes.

Research is done by judges's staff before the hearing. So get new documentation

in right away.

Get your current boss and a family member you love alot and who loves you to

write what they have witnessed and add it to your SSDI file either through your

lawyer or directly to SSA with a copy to your lawyer.

Reread what you have written the last 2 days for a look at how you are doing. It

is very convincing.

A mid-September hearing is very close. Add pages about how your symptoms prevent

you from working and get them in the mail.

I am grateful you have a good lawyer you like.

Breathe. Not too deeply since deep breathing may cause you awful symptoms. But

breathe. Breathe in the compassion of your fellow sufferers here in CF-Alliance

who have been through this before.

toni

cf-alliance.tripod.com/

from iPad

> What did you all do about witnesses? Bring anyone is person?

>

> Could you use someone by phone? Like could i use Perhaps an " expert patient "

from one of my other forums, who knows me only virtually, but also knows my

condition well?

>

> I don't think my parents would help. I think they would hurt. If I have a

tendency to make things sound better than they are and be hopeful, and I do, my

mom is 10 times worse! I think she'd end up contradicting me and the lawyer.

But I know witnesses are good... So I'm considering it

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No witnesses. They are likely to cause you more stress than it is worth and more

for your lawyer to handle.

Not that stress exhibited in front of the judge is a bad thing. It may be

helpful for the judge to witness your inability to handle stress.

Paperwork with words such as what you have written here, to CF-Alliance, the

last few days is convincing. Get it on paper so you don't have to talk as much

in the hearing.

For instance when the judge asked me about my job, I burst into tears. Sobbing,

took a long time to collect myself. My lawyer was thrilled for me.

: )

Plus I had highlighted the dates ( & docs, type of doc, my reason for the visit)

of symptoms preventing me from working complained about to doctors for many

years. This makes it easy for SSA personnel and the judge to read symptoms and

test results preventing me from working and documented in doctors' records and

notes.

Research is done by judges's staff before the hearing. So get new documentation

in right away.

Get your current boss and a family member you love alot and who loves you to

write what they have witnessed and add it to your SSDI file either through your

lawyer or directly to SSA with a copy to your lawyer.

Reread what you have written the last 2 days for a look at how you are doing. It

is very convincing.

A mid-September hearing is very close. Add pages about how your symptoms prevent

you from working and get them in the mail.

I am grateful you have a good lawyer you like.

Breathe. Not too deeply since deep breathing may cause you awful symptoms. But

breathe. Breathe in the compassion of your fellow sufferers here in CF-Alliance

who have been through this before.

toni

cf-alliance.tripod.com/

from iPad

> What did you all do about witnesses? Bring anyone is person?

>

> Could you use someone by phone? Like could i use Perhaps an " expert patient "

from one of my other forums, who knows me only virtually, but also knows my

condition well?

>

> I don't think my parents would help. I think they would hurt. If I have a

tendency to make things sound better than they are and be hopeful, and I do, my

mom is 10 times worse! I think she'd end up contradicting me and the lawyer.

But I know witnesses are good... So I'm considering it

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In my experience (and the experience of others might be different!), the hearing

wasn't anywhere near as complicated as you are thinking it will be. The judge

was provided ahead of time with a series of documents prepared by my attorney

including the questionnaires filled out by my doctors, carefully selected

medical records and summaries of them, and the reports of a doctor that SSA made

me see and one that my doctor had me see. These were numbered and referred to

as " exhibits " like in trials. The judge had looked at them for some time

because he was certainly very familiar with them.

There were only 5 people in the room - me and my attorney, the judge, a recorder

and an employment specialist. We sat down, made small talk for a few minutes

and then the judge asked some questions which I answered. I don't remember

those questions except that at one point, when I was answering a question, I

said that I wasn't able to drive anymore and didn't have a valid drivers license

(he did NOT specifically ask me about that). Still, it seemed to be significant

to him (I live in an area with very little public transportation). The judge

also asked my attorney a few questions.

After the questions, the judge asked the employment specialist if there were any

jobs that I could perform with my limitations and he simply replied " no " . At

that point, the judge dismissed us. It took less than 30 minutes.

I received the letter that I was approved a couple of weeks later.

I don't think you call any witnesses. I think written statements from them

would be included in the material that is given to the judge. I think the judge

reviews the documents before the hearing and then clarifies any questions he has

during the hearing and then makes his decision.

My hearing was in 2007 in a small city in West Virginia. Hope this helps.

Margie

>

> > The judge himself was on my side..

>

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In my experience (and the experience of others might be different!), the hearing

wasn't anywhere near as complicated as you are thinking it will be. The judge

was provided ahead of time with a series of documents prepared by my attorney

including the questionnaires filled out by my doctors, carefully selected

medical records and summaries of them, and the reports of a doctor that SSA made

me see and one that my doctor had me see. These were numbered and referred to

as " exhibits " like in trials. The judge had looked at them for some time

because he was certainly very familiar with them.

There were only 5 people in the room - me and my attorney, the judge, a recorder

and an employment specialist. We sat down, made small talk for a few minutes

and then the judge asked some questions which I answered. I don't remember

those questions except that at one point, when I was answering a question, I

said that I wasn't able to drive anymore and didn't have a valid drivers license

(he did NOT specifically ask me about that). Still, it seemed to be significant

to him (I live in an area with very little public transportation). The judge

also asked my attorney a few questions.

After the questions, the judge asked the employment specialist if there were any

jobs that I could perform with my limitations and he simply replied " no " . At

that point, the judge dismissed us. It took less than 30 minutes.

I received the letter that I was approved a couple of weeks later.

I don't think you call any witnesses. I think written statements from them

would be included in the material that is given to the judge. I think the judge

reviews the documents before the hearing and then clarifies any questions he has

during the hearing and then makes his decision.

My hearing was in 2007 in a small city in West Virginia. Hope this helps.

Margie

>

> > The judge himself was on my side..

>

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Oh I hope mine goes like this! It sounds so civilized. No judges trying to

trip me up, no crying. And quick.

Thank you for your story.

Does anyone else know what types of questions the judge asks?

Re: Work?

In my experience (and the experience of others might be different!), the hearing

wasn't anywhere near as complicated as you are thinking it will be. The judge

was provided ahead of time with a series of documents prepared by my attorney

including the questionnaires filled out by my doctors, carefully selected

medical records and summaries of them, and the reports of a doctor that SSA made

me see and one that my doctor had me see. These were numbered and referred to

as " exhibits " like in trials. The judge had looked at them for some time

because he was certainly very familiar with them.

There were only 5 people in the room - me and my attorney, the judge, a recorder

and an employment specialist. We sat down, made small talk for a few minutes

and then the judge asked some questions which I answered. I don't remember

those questions except that at one point, when I was answering a question, I

said that I wasn't able to drive anymore and didn't have a valid drivers license

(he did NOT specifically ask me about that). Still, it seemed to be significant

to him (I live in an area with very little public transportation). The judge

also asked my attorney a few questions.

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Oh I hope mine goes like this! It sounds so civilized. No judges trying to

trip me up, no crying. And quick.

Thank you for your story.

Does anyone else know what types of questions the judge asks?

Re: Work?

In my experience (and the experience of others might be different!), the hearing

wasn't anywhere near as complicated as you are thinking it will be. The judge

was provided ahead of time with a series of documents prepared by my attorney

including the questionnaires filled out by my doctors, carefully selected

medical records and summaries of them, and the reports of a doctor that SSA made

me see and one that my doctor had me see. These were numbered and referred to

as " exhibits " like in trials. The judge had looked at them for some time

because he was certainly very familiar with them.

There were only 5 people in the room - me and my attorney, the judge, a recorder

and an employment specialist. We sat down, made small talk for a few minutes

and then the judge asked some questions which I answered. I don't remember

those questions except that at one point, when I was answering a question, I

said that I wasn't able to drive anymore and didn't have a valid drivers license

(he did NOT specifically ask me about that). Still, it seemed to be significant

to him (I live in an area with very little public transportation). The judge

also asked my attorney a few questions.

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I agree with Margie, the ALJ hearings are WAY overhyped. I didn't even have

a lawyer to prep me or get anything ready for me and mine were a breeze

(aside from having to sit still that long).

At my first hearing there were

1) Myself

2) The judge over video teleconference

3) Transcriptionist, or whatever her title was

4) occupational specialist

5) another specialist

Due to a HUGE oversight ( & a bit if cover up) by the state Bureau of

Disability Determination, I required a second hearing not long after that.

At my second hearing there were

1) Myself

2) The judge (live, in person)

3) Transcriptionist, or whatever her title was

4) occupational specialist- saint

The occupation specialist is the one who said that I was " ineligible for

competitive employment " because I'd have to miss work more than twice a

month (severe migraine-like headaches twice a week)

For me, the key was to have all of my records sent in ahead of time and to

MAKE SURE that they have EVERY medical record. I requested CDs every couple

of months to make sure they didn't miss any records (they did), so I faxed

in copies of every record that was missing. When I had to send in tons of

records, I mailed them in using a copy of one of those prepaid business

reply envelope that they send out all of the time (saved myself a bundle on

postage).

Also, *w*hen my functioning significantly dropped (three times while

waiting), I sent in an updated functioning report (even though they didn't

request it). It really helped the judge understand my functioning (or lack

thereof) throughout the time that I waited for approval.

Steve M in PA

In my experience (and the experience of others might be different!), the

hearing wasn't anywhere near as complicated as you are thinking it will be.

The judge was provided ahead of time with a series of documents prepared by

my attorney including the questionnaires filled out by my doctors,

carefully selected medical records and summaries of them, and the reports

of a doctor that SSA made me see and one that my doctor had me see. These

were numbered and referred to as " exhibits " like in trials. The judge had

looked at them for some time because he was certainly very familiar with

them.

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Guest guest

I agree with Margie, the ALJ hearings are WAY overhyped. I didn't even have

a lawyer to prep me or get anything ready for me and mine were a breeze

(aside from having to sit still that long).

At my first hearing there were

1) Myself

2) The judge over video teleconference

3) Transcriptionist, or whatever her title was

4) occupational specialist

5) another specialist

Due to a HUGE oversight ( & a bit if cover up) by the state Bureau of

Disability Determination, I required a second hearing not long after that.

At my second hearing there were

1) Myself

2) The judge (live, in person)

3) Transcriptionist, or whatever her title was

4) occupational specialist- saint

The occupation specialist is the one who said that I was " ineligible for

competitive employment " because I'd have to miss work more than twice a

month (severe migraine-like headaches twice a week)

For me, the key was to have all of my records sent in ahead of time and to

MAKE SURE that they have EVERY medical record. I requested CDs every couple

of months to make sure they didn't miss any records (they did), so I faxed

in copies of every record that was missing. When I had to send in tons of

records, I mailed them in using a copy of one of those prepaid business

reply envelope that they send out all of the time (saved myself a bundle on

postage).

Also, *w*hen my functioning significantly dropped (three times while

waiting), I sent in an updated functioning report (even though they didn't

request it). It really helped the judge understand my functioning (or lack

thereof) throughout the time that I waited for approval.

Steve M in PA

In my experience (and the experience of others might be different!), the

hearing wasn't anywhere near as complicated as you are thinking it will be.

The judge was provided ahead of time with a series of documents prepared by

my attorney including the questionnaires filled out by my doctors,

carefully selected medical records and summaries of them, and the reports

of a doctor that SSA made me see and one that my doctor had me see. These

were numbered and referred to as " exhibits " like in trials. The judge had

looked at them for some time because he was certainly very familiar with

them.

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No..no....

Read up on the symptoms of FMS...and think of yourself on your WORST day.  Use

THOSE words....explain how it REALLY is.  It doesn't have to be ALL OF THE

TIME---but, list all of the limitations that you might have on your worst

day......

Needs 12 hours of sleep, can't get dressed, can't dry hair with hairdryer

because can't lift arm, need to hire a cleaning person or depend on family

because you becomes exhausted if you clean--and then are in pain for many days

from pushing and pulling the vacuum, etc. etc.

Lynn

________________________________

Subject: Re: Work?

So what are the buzz words?

" Patient is disabled? "

d researched extensively---what SSA was looking for (buzz words).

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