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Old 08-11-2013, 09:53 PM
JohnSmiht JohnSmiht is offline
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Join Date: Aug 2013
Posts: 5
10 yr Member
JohnSmiht JohnSmiht is offline
New Member
 
Join Date: Aug 2013
Posts: 5
10 yr Member
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Quote:
Originally Posted by Hopeless View Post
Hi John,

I was SHOCKED at your post. I had no idea they would cut your attorney off before he could finish his presentation on your case. That is frightening me. I am waiting for my hearing date to be set. Please keep us informed.
Thanks for your post.

Hopeless
Dont let it frighten you too much. Talking to my lawyer, she said sometimes the judge will cut the hearing short before you give a full testimony, because the judge already has all the information he needs to prove you are disabled and unable to work. My lawyer is very good, has a ton of experience, and does her best with every client to recover the lost money from the hospital

I had to go to the ER with no insurance, they put me into the hospital for several days due to very low blood levels, internal bleeding, fatigue, weight loss and intense pain. They dont like to put people into the hospital, even more so when they do not have insurance. The ER doctor said she hadnt seen blood levels that low for someone who wasnt in the hospital or getting regular blood transfusions.

The hospital assigned their lawyers to help me with my disability case to recover some of their losses. I also had to go back into another hospital last fall, but that was at a public healthcare hospital, so they ran a dozen different tests. The tests from the second hospital visit showed I had problems that the first hospital glossed over and did nothing about. They still have no idea what is wrong with my spleen and liver, much less how to treat it.

The lawyer has had many cases with the same judge, so I somewhat trust her feelings and ability to read how it went. She had another client that had a hearing with the same judge 20 minutes after my case, so we didnt have a long time to chat afterwards. I wish I could have talked with her longer, but I understand they have little time between hearings. They keep things moving fast and for the most part on track. The two guys before me had 45 minute plus hearings, so I know this judge will take all the time he needs and allow lawyers to present a full case if necessary.

The judge will ask you many questions trying to trip you up or catch you in a lie, my memory is hazy on every procedure Ive ever done. In the last year alone Ive had over 10 blood transfusions and 10 separate iron infusions, asking me about one infusion 6 months ago is tough to recall every detail from memory. He tried to test me, but it only strengthen my case.

The big things he asked me about was my pain level/my pain management and my iron infusions/blood transfusions for anemia which causes fatigue. If your anemia is under full control, it can weaken your case. I told him I wasnt sure the exact date on my last iron infusion or transfusion because I get them so often and I am not on a regular set schedule for every transfusion/infusion. They treat it, but it isnt under control. I get my blood levels tested about every 2 weeks for many reasons. If the lab work comes back that day that my levels are low, they have standing orders to give me a blood transfusion or iron infusion on the spot as well as schedule more until my levels go back up.

The judge tried to get me to admit my anemia was treatable, on a regular schedule and under full control, but with his questions, my records, and my answers it proved the condition isnt under control. If my levels are low I can be put into the hospital immediately within the hour, given blood transfusion, iron transfusion or have to take a battery of tests. He also wanted to know all about my pain, its location and when he saw I was on a pain management of morphine he knew it was serious.

I have been fighting for disability for about 19 months now, and I have been rejected many times already. I think my chances are good for being approved, but after so many rejections, it is tough to be confident and positive. I dont think he would have cut my lawyer off, if he was still unsure of my disability status.

My best advice right now is get full copies to all of your medical records and study them, learn what everything means and how it strengthens or weakens your case. You will be able to object or explain why your case is different than others. You do not want to be at the mercy of a strange doctor and not be able to dispute his or her claim about your case. Dont count on the judge to go through all of your records, if he misses something important you can bring it up and use it as evidence. I wish I had studied my medical files thoroughly.

Quote:
Originally Posted by echoes long ago View Post
John from what you are relaying, chances are very strong that you will be found disabled by that judge. He didnt ask the VE any questions and after a few of your lawyers questions he had heard enough to make a decision. both are very good signs.
This is what I am hoping for. I have been fighting for about 19 months to get disability, so it is tough remain confident and positive. Until I get a letter approving my claim, I will have doubts due to past rejections. My packet about the hearing said they set about 30 minutes aside for each hearing and be prepared for it to run over the limit. The only reason why I can think that he cut my lawyer off so quickly and didnt bother to ask the VE a single question, is because he had made up his mind about approving my claim.

My lawyer prepared me for a lot of VE questions, because supposedly the VE I had is known for being very tough and in most cases asks at least half a dozen hypothetical questions about employment. Ive heard many VE's have rejected disability claims with their testimony, not hearing from the VE at all I believe is a good sign. The VE entered a lot of information into her computer, but kind of shook her head no at the end. The lawyer said that zero questions from the VE was a very good sign as well when she shook her head.

My apologies for rambling, hopefully this can help a few people in the future. After I hear back about a decision, I will do a write up on things I did right and the things I did wrong as well as why I was accepted/rejected. The site already has a ton of great information, but I figure another first hand story of a disability hearing may help others.
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"Thanks for this!" says:
granny k (08-12-2013), Hopeless (08-12-2013)