Quote:
Originally Posted by cooljjay
Lets see how I can summarize my life for everyone. I had my hearing 3mo's come may and I am going insane clawing at my mind attempt to figure out what is going to happen.
Awhile back I had a life changing event happen. I lost my partner to a police shooting and my home burnt down. This all happened before my eyes and needless to say I suffered severely mentally for this.
Before this incident and well since I was a wee lad I had psoriasis which turned into psoriatic arthritis which I had no idea was possible. After investigating a knee that I though I sprained I discovered I was riddled with bone cysts and other issues I have been having is all from that.
Well I managed to get by with this for a few years as I was selling on eBay and money was not so labor intensive to get. After I lost everything I ended up in a mental hospital and now the final diagnosis was/is Sever Mental Illness.
With that I decided I need to get disability because now I am screwed physically and mentally. I was denied the first time and then gave up. A case worker at the "mental heath" here which is a whole story on its own. I found an attorney, I was happy!!
It was time for the hearing and the attorney told me there would be a VE there for the arthritis. Well we go in and its a VE for the PTSD. He agreed that I was not fit for work and then the judge went onto question him about the arthritis. The VE would not comment on any of it as he was not the specialist.
Well the judge got upset and then turned to throwing out the PTSD diagnosis. He started to go through and READ news articles from google about the incident and tell me that "if" this didn't happen I wouldn't have PTSD. He was saying I caused it.
Here is the shocker!! My attorney made my disabled date over a year!! after that incident happened and was basing it on the Arthritis. Needless to say I had a episode in the court room where everyone in the SS Office heard me and even the security guards came to comfort me. OHH and my attorney also quoted from the ss doctors I seen that I was severely impaired by both conditions!!
My attorney asked to talk to the judge off record and I went out. My attorney told me just wait, don't worry and I would hear from the judge in 90 days...it then went down to 30 as we were leaving..
So here is my adventure with disability and I am only 30 years old! So as you can see I am nervous as hell! I gave up on attempting to get medical help in this town as even the rheumy doesn't understand the disease and I am sick of spending 30 mins when I see each being preached to about how I am obese and I need physical therapy.
I am trying to move on with my life, I have so many things I still want to do before I end up in a wheel chair but I get depressed as I have no way to get employment as my body is shot! So what do I do for income? I have a partner now but his walmart earnings isn't enough. Just the enbrel is 3000$ a month another reason I can't work I lose what little medical Arizona gives you and how can I afford that? I can't even do my ebay selling to make money as I don't have the energy to work more then a hour/two a day on house chores! OHH ANDDD In Arizona you have to be found disabled to get medical BUT that decision does not weigh on SS disability??
Suppose this turned into a "My Story" post then a asking for help. I always welcome comments/discussions....plus I suppose I must include I am a hidden epileptic and that clock is starting to tick faster...
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Did you apply for SSDI and/or SSI?
Did you mean a Medical Expert or Vocational Expert?
Was there one application or two?
You would have chosen the Alleged Onset Date, not your attorney at the time of the first application. If you started a second application with the attorney, again you would have signed off on the AOD. Your attorney would have been limited to claiming an AOD after the first application was denied. If your claiming your attorney blindsided you at the ALJ hearing with an amended AOD, that can't really happen because you would have had to have signed paperwork with the new AOD. Depending on how active your sales on Ebay were, and the dates of those sales, that could have made a difference on your eligibility as well.
Regardless if you're approved or denied, you need to continue seeking both medical and psych treatment. If you're approved SS will review your case and if you're not continuing treatment and being compliant with suggested meds and therapy, your benefits will very likely be terminated. If you're denied, your continuing medical records will be examined if you continue to pursue a disability claim, and you will make approval less likely by not getting medical care.
States' standards for disability are not the same as SS. There are disabled people who are capable of working and don't qualify for SSI/SSDI. Heck--there are military vets that are rated out at 100% disabled by the VA that are denied SSDI.
Eligibility for SSI and SSDI is based upon a complex medical/legal evaluation.
The ALJ will offer hypothetical RFCs to the VE during the hearing, and the VE will then say what jobs, if any, the claimant is capable of performing. Claimants often assume that when the VE says 'no jobs" after a given hypothetical that the RFC has already been decided, but this is incorrect. The ALJ actually sets the RFC rating after the hearing (unless s/he makes an On the Record decision).
It sounds like your attorney felt that you'll be approved. The timetable he gave you for the written decision was an estimate, so try not to worry if it takes longer.