social security hearing coming up

[Guest guest]

HEY All:

I have the hearing coming up on the 16th andI have to say that I don't feel too

good about

it.

I don't know how the process works, but it seems to me that I don't know what

I'm

heading into here.

The lawyer's office says they will meet with me for an hour the day before and

have never

gone out of their way to tell me what kind of evidence would be helpful for my

case. This

will be the first meeting after working with them for a year and a half.

I kept asking what was needed...,and they kept saying... " well we take a look at

what you

have " and " you never know what judge you are gonna get " .

I thought they would give me an idea based on what is wrong with me that they

could tell

me what kinds of evidence we needed in order to build a case. If I needed a

Rhematologist

to officially diagnose fibromylagia...then I could try to get that while I had

medical

insurance coverage. THEY never came back and told me such a thing.

Like a worn out wild indian...I tried to go to as many doctors as I could while

I had

insurance so there would be a paper trail, since I didn't know what else to do.

I broke my

heart trying to get into as many evaluations as I could and worked so hard at

getting the

documents back to the lawyer's office. A lot of it never got there...and I

complained

bitterly, but no one ever followed up on it I later found out. Maybe they have

now...but I

don't know. I haven't see the file...so I don't know how up to date it is. I

know I personally

delivered all the records I had copies of one bleary migrained out day the

winter before

last.

Now...moments ago, I just read today that the last thing you want to do is go in

with fibro

diagnosis without a Rheumy saying you have it.....AND its best to get it

combined with

another major issue to add wieght to it.

NOW....I don't have that either. I am not sure what they lawyer wants to go in

with, but

this is not what I can do.

(All I have is a chicken-scratched note from my Osteopath that says I have fibro

and am

not able to work.)

The lawyer's assistant just told me... " he's been doing this for a while...and

he's pretty good

at it. "

YEAH...that is all I have to go on. What kind of cold comfort is that?

I know its too late to worry about...

~E:)

[Guest guest]

Best of luck with your hearing.

I have heard a few other posts about dealing with SS, and form my

understanding it seems to work better to list limitations, inability to

do things etc.. then it does to get all scientific about the disease

state.

Things like an accupational therapist would do..

Can only stand 10 mins, sit 20 mins, walk 1/2 mile at 2km an hour,

unable to bend to clean, etc..

Kats3boys

[Guest guest]

Thanks kats:

I just find it hard to feel good about walking into an

unknown situation.

When I went into see the SS doctor, he insulted me

(saying thyroid was simple to fix and that it didn't

matter what dose you took) and made fun of me, making

personal remarks about my career...then stormed out of

the room saying that I should take an SSRI to fix the

anxiety, as this was my only problem.

BUT, " I probably wasn't/wouldn't take one because I

have some twisted ill founded attitude against it. "

Now...nobody told me that would happen. I'm still

traumitized by that encounter. EVERYONE said it was a

nice little physical evaluation with a nice doctor. I

even packed all my medical record into my backpack in

order to show the nice doctor who I had driven nearly

fourty miles to see on that icey cold morning.

Of course...I never opened the bag which killed my

shoulders I crawled over snowbanks to get into his

office door. The whole appointment only lasted three

minuets with him on the phone or with his back to me

nearly the entire time.

So...if that happened to me then, why wouldn't I

expect more of the same from the state?

Will they make fun of me? Of my disease? Of what I

used to be? I was living at home and I'm not now? Is

that important? I have taken zoloft, but don't

anymore. ITS kind of expensive, Should I say that

I'm still on it?

I'm very upset that the phych evaluation probably

never made it to the lawyer's office and I can't help

thinking its pretty darned important.

I thought having a lawyer was to help have peace of

mind or something. Grrrr.

~E:)

> Best of luck with your hearing.

> I have heard a few other posts about dealing with

> SS, and form my

> understanding it seems to work better to list

> limitations, inability to

> do things etc.. then it does to get all scientific

> about the disease

> state.

>

> Things like an accupational therapist would do..

> Can only stand 10 mins, sit 20 mins, walk 1/2 mile

> at 2km an hour,

> unable to bend to clean, etc..

>

> Kats3boys

>

>

Day after day, day after day,

We stuck, nor breath nor motion;

As idle as a painted ship

Upon a painted ocean.

Water, water, everywhere,

And all the boards did shrink;

Water, water, everywhere,

Nor any drop to drink.

~The Ancient Mariner

__________________________________________________

[Guest guest]

Dear E,

You had a terrible experience with the doctor. I am

not sure I understand if this was a doctor you were

sent to by SS/state DDU or one your attorney sent you

to.

Whatever, to whatever organization sent you to this

doctor you should make a formal written complaint. You

are off to a good start in this post in describing how

he treated and how he never got information you had to

present on your health conditions and limitations.

The treating doctor's findings are supposed to rule

when there is a difference of opinion inf disability

cases. However you need to know what each of them said

'in writing' in response to the questionnaire they had

to complete for SS/DDU.

Yes, at the hearing someone from the state's

disability determination unit who is a vocational

evaluator or counselor will testify to the findings of

the DDU and his or her assessment of your limitations

and how they do or do not cause you to not be able to

work. They will be asked by the judge to or your

attorney to describe the jobs in the economy that you

can do. This is standard jobs at what is defined as

full time employment under the rules. That is about 32

hours or more a week. The jobs do not have to be

available to you or in your locale just exist in the

economy.

If there is a mental capacity evaluation that has been

done your attorney needs to have it. That information

should have been available to the vocational evaluator

and when possible the medical doctor doing a

disability assessment for SS/DDU.

Some of these doctors and some judges involved in the

appeal cases are great and others are rejects who can

not find or keep other jobs in their profession. Some

of the doctors do these evaluations under contract and

do have their own practices. Be that as it happens,

the doctor has an obligation under ethically

expectations of his profession and those of the

contractor for his services to act professional and to

objectively review your medical issues. They are not

there to diagnose or treat so there is no physical

exam.

Did your attorney ask of your doctor(s) or send you to

a doctor for a physical residual capacity evaluation?

Same for mental residual capacity evaluation? If that

was done and and you have a treated doctor who also

completed a medical report of limitations for SS/DDU,

it is most unusual that you would be sent to see a

contractor doctor (SS/DDU). This is usually done when

people do not have a treating doctor or that doctor

refuses to complete the reports sent to him.

If there is anything else I might answer about the

appeal procedures and how to prepare for it, please

write me back.

I have assisted as a mentor about 200 people who have

successfully gone through this SSDI process. I am a

disabled, retired former welfare bureau chief who

started in this field back when line workers did the

submissions of disability documents and findings to

the State DDU for SSDI. Back then we did not have SSI.

Once it came along we developed in my bureau a special

relationship with the district SSA office in other to

expedite the processing of indigent applicants.

I never thought back then that I would some day be

doing this ombudsman like work for myself and others

as a volunteer. But here I am. For a while thanks to a

nice local attorney who does only SSDI cases, I had a

membership to the NOSSCR (National Org of SS Claims

Representatives).

Anyway, I tell you this so you can understand that I

have some real depth of experience with SSDI and the

appeals process.

The state and local you live in can really make a

difference in the attitudes and skills of the people

who have your future income and in some cases your

life in their hands.

~~ W (Photomoon)

--- " E. Gillespie " lyongillespie@...> wrote:

>

>

> Thanks kats:

>

> I just find it hard to feel good about walking into

> an

> unknown situation.

>

> When I went into see the SS doctor, he insulted me

> (saying thyroid was simple to fix and that it didn't

> matter what dose you took) and made fun of me,

> making

> personal remarks about my career...then stormed out

> of

> the room saying that I should take an SSRI to fix

> the

> anxiety, as this was my only problem.

>

> BUT, " I probably wasn't/wouldn't take one because I

> have some twisted ill founded attitude against it. "

>

> Now...nobody told me that would happen. I'm still

> traumitized by that encounter. EVERYONE said it was

> a

> nice little physical evaluation with a nice doctor.

> I

> even packed all my medical record into my backpack

> in

> order to show the nice doctor who I had driven

> nearly

> fourty miles to see on that icey cold morning.

>

> Of course...I never opened the bag which killed my

> shoulders I crawled over snowbanks to get into his

> office door. The whole appointment only lasted three

> minuets with him on the phone or with his back to me

> nearly the entire time.

>

> So...if that happened to me then, why wouldn't I

> expect more of the same from the state?

>

> Will they make fun of me? Of my disease? Of what I

> used to be? I was living at home and I'm not now?

> Is

> that important? I have taken zoloft, but don't

> anymore. ITS kind of expensive, Should I say that

> I'm still on it?

>

> I'm very upset that the phych evaluation probably

> never made it to the lawyer's office and I can't

> help

> thinking its pretty darned important.

>

> I thought having a lawyer was to help have peace of

> mind or something. Grrrr.

>

>

>

> ~E:)

>

>

>

>

>

> > Best of luck with your hearing.

> > I have heard a few other posts about dealing with

> > SS, and form my

> > understanding it seems to work better to list

> > limitations, inability to

> > do things etc.. then it does to get all scientific

> > about the disease

> > state.

> >

> > Things like an accupational therapist would do..

> > Can only stand 10 mins, sit 20 mins, walk 1/2 mile

> > at 2km an hour,

> > unable to bend to clean, etc..

> >

> > Kats3boys

> >

> >

>

>

> Day after day, day after day,

> We stuck, nor breath nor motion;

> As idle as a painted ship

> Upon a painted ocean.

> Water, water, everywhere,

> And all the boards did shrink;

> Water, water, everywhere,

> Nor any drop to drink.

>

> ~The Ancient Mariner

>

> __________________________________________________

>

[Guest guest]

E; I actually know of someone who just went through their own hearing with SSI Don't say you take any medications that you don't as they have you bring the bottles with the day of the hearing. He also had an attorney who did nothing up until the day of the hearing. We actually got copies of all the medical records and had them all with on the day of the hearing because we didn't have faith in the attorney. At the hearing they will ask you if you'd like to add anything, PLEASE make notes ahead of time of any other illness or health problems that you have or suffer from, Such as Anxiety..Depression..just anything at all that you can think of so that if its not brought up, you can then bring it up when its your turn to talk. The hearing itself doesn't usally take more than an hour and most of that is discussing back pay. I wish you lots of luck, I know what a LONG DRAWN out process this is and nerve racking as

well. Donna"E. Gillespie" wrote: Thanks kats:I just find it hard to feel good about walking into anunknown situation.When I went into see the SS doctor, he insulted me(saying thyroid was simple to fix and that it didn'tmatter what dose you took) and made fun of me, makingpersonal remarks about my career...then stormed out ofthe room saying that

I should take an SSRI to fix theanxiety, as this was my only problem. BUT, "I probably wasn't/wouldn't take one because Ihave some twisted ill founded attitude against it."Now...nobody told me that would happen. I'm stilltraumitized by that encounter. EVERYONE said it was anice little physical evaluation with a nice doctor. Ieven packed all my medical record into my backpack inorder to show the nice doctor who I had driven nearlyfourty miles to see on that icey cold morning. Of course...I never opened the bag which killed myshoulders I crawled over snowbanks to get into hisoffice door. The whole appointment only lasted threeminuets with him on the phone or with his back to menearly the entire time. So...if that happened to me then, why wouldn't Iexpect more of the same from the state? Will they make fun of me? Of my disease? Of what Iused to be? I was living at home and I'm not

now? Isthat important? I have taken zoloft, but don'tanymore. ITS kind of expensive, Should I say thatI'm still on it? I'm very upset that the phych evaluation probablynever made it to the lawyer's office and I can't helpthinking its pretty darned important.I thought having a lawyer was to help have peace ofmind or something. Grrrr.~E:)> Best of luck with your hearing.> I have heard a few other posts about dealing with> SS, and form my > understanding it seems to work better to list> limitations, inability to > do things etc.. then it does to get all scientific> about the disease > state.> > Things like an accupational therapist would do..> Can only stand 10 mins, sit 20 mins, walk 1/2 mile> at 2km an hour, > unable to bend to clean, etc..> > Kats3boys> > Day after day, day after day,We stuck,

nor breath nor motion;As idle as a painted shipUpon a painted ocean.Water, water, everywhere,And all the boards did shrink;Water, water, everywhere,Nor any drop to drink.~The Ancient Mariner__________________________________________________

[Guest guest]

--- Wiggins photomoon@...> wrote:

> ! Wow, thanks so much for chiming in here.

I've been a little wigged out about this. I feel like

I've waited patiently for over a year to finally get a

hearing and it looks like its going to be blown by

this attorney whom I've never met.

I had started working with a woman (attorney's

assistant) who apparently changed jobs, so now I'm

dealing with a second woman who can't answer any of my

questions. I guess the Attorney is her boss.

>

> You had a terrible experience with the doctor. I am

> not sure I understand if this was a doctor you were

> sent to by SS/state DDU or one your attorney sent

> you

> to.

I wouldn't know who to tell. You can't get through to

anyone at Social Security and I did complain to my

Congressman's office, but they just sort of told me

that is sometimes how it goes.

>

> Whatever, to whatever organization sent you to this

> doctor you should make a formal written complaint.

> You

> are off to a good start in this post in describing

> how

> he treated and how he never got information you had

> to

> present on your health conditions and limitations.

HE sat in the corner and demanded to know what my

complaints were and I couldn't see what he had in

front of him. I tried to ask if he had been forwarded

some information and he claimed that he did, but I

think he used that info to make fun of me, not really

delve into what was wrong with me.

>

> The treating doctor's findings are supposed to rule

> when there is a difference of opinion inf disability

> cases. However you need to know what each of them

> said

> 'in writing' in response to the questionnaire they

> had

> to complete for SS/DDU.

How do you acquire that information? I would assume

the attorney would have stockpiled all of the records

by now. When I ask about what they have and that I

need to know, they just dismiss me and tell me they

have a lot of information and its more than they need.

I've never been able to get through to Social

Security people in order to follow up. I've been left

in the dark with all of this.

>

> Yes, at the hearing someone from the state's

> disability determination unit who is a vocational

> evaluator or counselor will testify to the findings

> of

> the DDU and his or her assessment of your

> limitations

> and how they do or do not cause you to not be able

> to

> work.

How does that help in the case of someone like me who

can do just about anything? My issue is mainly brain

fog, memory things, and sleeping issues and stamina.

I won't be able to demonstrate something like that.

Would ?

They will be asked by the judge to or your

> attorney to describe the jobs in the economy that

> you

> can do. This is standard jobs at what is defined as

> full time employment under the rules. That is about

> 32

> hours or more a week. The jobs do not have to be

> available to you or in your locale just exist in the

> economy.

>

> If there is a mental capacity evaluation that has

> been

> done your attorney needs to have it.

You would think they would have tried to get it, and

every time I called the attorney's office to follow up

to see if they had it " yet " , they said " no " . I was

sure they would make an effort to aquire it, and I

tried valiantly to get it. I actually don't know the

status right now. That office does not sound very

competent to me. I'm pretty pissed.

That

> information

> should have been available to the vocational

> evaluator

> and when possible the medical doctor doing a

> disability assessment for SS/DDU.

Now, the mental portion is something I aquired after

seeing the SS doctor, but I agree this should be in

the packet of info going to my hearing.

>

> Some of these doctors and some judges involved in

> the

> appeal cases are great and others are rejects who

> can

> not find or keep other jobs in their profession.

> Some

> of the doctors do these evaluations under contract

> and

> do have their own practices. Be that as it happens,

> the doctor has an obligation under ethically

> expectations of his profession and those of the

> contractor for his services to act professional and

> to

> objectively review your medical issues. They are not

> there to diagnose or treat so there is no physical

> exam.

>

> Did your attorney ask of your doctor(s) or send you

> to

> a doctor for a physical residual capacity

> evaluation?

NO. WEll...not that I know of I should say.

I've attempted several times to get some direction

from the lawyer's office on this point. I figured if

he was building a case, he was gonna need some solid

evidence that I was ill with a certain limitations. I

was never given any guidance on this.

> Same for mental residual capacity evaluation?

NO. I did go to get a phych evaluation on my own the

February before last. I wanted something in writing

that would show that I have some issues there. This is

something the Attorney does not have to my knowledge.

If

> that

> was done and and you have a treated doctor who also

> completed a medical report of limitations for

> SS/DDU,

> it is most unusual that you would be sent to see a

> contractor doctor (SS/DDU).

I read that on the web. I have seen over ten doctors

for my conditions and filled the sheets up with their

names to garner a medical history for the state.

I've now heard that the state must have either seen

contradictory information, or too little

information...and that is why I ended up meeting with

the awful doctor. I only saw that on the web last

night though. No one could explain to me why this had

come into play before now.

If that is the case, wouldn't one then think that

getting properly prepared for this hearing would be of

the utmost importance?

I do have one doctor who is an Osteopath who I see

regularly. He merely wrote a chicken-scratch note for

me to my lawyer about a year ago. He then charged me

75 dollars for digging through my records. THOSE

records were hand delivered after being copied by me!

This is usually done

> when

> people do not have a treating doctor or that doctor

> refuses to complete the reports sent to him.

>

> If there is anything else I might answer about the

> appeal procedures and how to prepare for it, please

> write me back.

I have a lot working against me. I'm young, educated

and look healthier than most people. No kids.

If you were me, where would you start? I have a week

before the hearing.

~E:)

Day after day, day after day,

We stuck, nor breath nor motion;

As idle as a painted ship

Upon a painted ocean.

Water, water, everywhere,

And all the boards did shrink;

Water, water, everywhere,

Nor any drop to drink.

~The Ancient Mariner

________________________________________________________________________________\

____

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[Guest guest]

Woops!

Ya know this is all so laughable. Its says on the SS

website that you if you get denied at the hearing

level you have to file a CIVIL Suit in a FEDERAL

COURT!

Now, that a is a riot. They wreck your health and

then they make you go to court to pay for the health

they wrecked! ITS just too funny.

So..this lawyer knows this is my ONLY chance for an

income, and he's not even interested in doing his job,

fully knowing the consequences.

I don't even know why I let myeslf get talked into

playing along with this process. I really don't.

Being sick is hard enough without the shananigans!

Grrrrr.

~E:)

--- " E. Gillespie " lyongillespie@...> wrote:

>

> --- Wiggins photomoon@...> wrote:

>

> > ! Wow, thanks so much for chiming in here.

> I've been a little wigged out about this. I feel

> like

> I've waited patiently for over a year to finally get

> a

> hearing and it looks like its going to be blown by

> this attorney whom I've never met.

>

> I had started working with a woman (attorney's

> assistant) who apparently changed jobs, so now I'm

> dealing with a second woman who can't answer any of

> my

> questions. I guess the Attorney is her boss.

> >

> > You had a terrible experience with the doctor. I

> am

> > not sure I understand if this was a doctor you

> were

> > sent to by SS/state DDU or one your attorney sent

> > you

> > to.

>

> I wouldn't know who to tell. You can't get through

> to

> anyone at Social Security and I did complain to my

> Congressman's office, but they just sort of told me

> that is sometimes how it goes.

>

>

> >

> > Whatever, to whatever organization sent you to

> this

> > doctor you should make a formal written complaint.

> > You

> > are off to a good start in this post in describing

> > how

> > he treated and how he never got information you

> had

> > to

> > present on your health conditions and limitations.

>

> HE sat in the corner and demanded to know what my

> complaints were and I couldn't see what he had in

> front of him. I tried to ask if he had been

> forwarded

> some information and he claimed that he did, but I

> think he used that info to make fun of me, not

> really

> delve into what was wrong with me.

>

> >

> > The treating doctor's findings are supposed to

> rule

> > when there is a difference of opinion inf

> disability

> > cases. However you need to know what each of them

> > said

> > 'in writing' in response to the questionnaire they

> > had

> > to complete for SS/DDU.

>

> How do you acquire that information? I would assume

> the attorney would have stockpiled all of the

> records

> by now. When I ask about what they have and that I

> need to know, they just dismiss me and tell me they

> have a lot of information and its more than they

> need.

>

> I've never been able to get through to Social

> Security people in order to follow up. I've been

> left

> in the dark with all of this.

>

>

>

> >

> > Yes, at the hearing someone from the state's

> > disability determination unit who is a vocational

> > evaluator or counselor will testify to the

> findings

> > of

> > the DDU and his or her assessment of your

> > limitations

> > and how they do or do not cause you to not be able

> > to

> > work.

>

> How does that help in the case of someone like me

> who

> can do just about anything? My issue is mainly brain

> fog, memory things, and sleeping issues and stamina.

>

>

> I won't be able to demonstrate something like that.

> Would ?

>

>

> They will be asked by the judge to or your

> > attorney to describe the jobs in the economy that

> > you

> > can do. This is standard jobs at what is defined

> as

> > full time employment under the rules. That is

> about

> > 32

> > hours or more a week. The jobs do not have to be

> > available to you or in your locale just exist in

> the

> > economy.

> >

> > If there is a mental capacity evaluation that has

> > been

> > done your attorney needs to have it.

>

> You would think they would have tried to get it, and

> every time I called the attorney's office to follow

> up

> to see if they had it " yet " , they said " no " . I was

> sure they would make an effort to aquire it, and I

> tried valiantly to get it. I actually don't know

> the

> status right now. That office does not sound very

> competent to me. I'm pretty pissed.

>

>

> That

> > information

> > should have been available to the vocational

> > evaluator

> > and when possible the medical doctor doing a

> > disability assessment for SS/DDU.

>

> Now, the mental portion is something I aquired after

> seeing the SS doctor, but I agree this should be in

> the packet of info going to my hearing.

>

>

>

> >

> > Some of these doctors and some judges involved in

> > the

> > appeal cases are great and others are rejects who

> > can

> > not find or keep other jobs in their profession.

> > Some

> > of the doctors do these evaluations under contract

> > and

> > do have their own practices. Be that as it

> happens,

> > the doctor has an obligation under ethically

> > expectations of his profession and those of the

> > contractor for his services to act professional

> and

> > to

> > objectively review your medical issues. They are

> not

> > there to diagnose or treat so there is no physical

> > exam.

> >

> > Did your attorney ask of your doctor(s) or send

> you

> > to

> > a doctor for a physical residual capacity

> > evaluation?

>

> NO. WEll...not that I know of I should say.

>

> I've attempted several times to get some direction

> from the lawyer's office on this point. I figured

> if

> he was building a case, he was gonna need some solid

> evidence that I was ill with a certain limitations.

> I

> was never given any guidance on this.

>

>

> > Same for mental residual capacity evaluation?

>

> NO. I did go to get a phych evaluation on my own

> the

> February before last. I wanted something in writing

> that would show that I have some issues there. This

> is

> something the Attorney does not have to my

> knowledge.

>

>

>

>

> If

> > that

> > was done and and you have a treated doctor who

> also

> > completed a medical report of limitations for

> > SS/DDU,

> > it is most unusual that you would be sent to see a

> > contractor doctor (SS/DDU).

>

=== message truncated ===

Day after day, day after day,

We stuck, nor breath nor motion;

As idle as a painted ship

Upon a painted ocean.

Water, water, everywhere,

And all the boards did shrink;

Water, water, everywhere,

Nor any drop to drink.

~The Ancient Mariner

__________________________________________________