Quote:
Originally Posted by LIT LOVE
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.
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Thanks for the response! It always makes me feel better to hear from others in the same pool.
Because I didn't work for so long I was unsure what to apply for but SS stated when I ask that if I was eligible for disability it wouldn't be called SSDI.
The first application was denied and I am not sure what the attorney did I would have to look back in paper work. I did sign the papers from the attorney to move my AOD.
What happened was that in Cali I had Kaiser, when I was forced to come out here I lost my medical it took me probably a year to get my medical restarted and the medication. In that time my body has gotten worse and I had finally found a counselor who had her own practice in PTSD and help me alot. I cannot remember the exact reason why he did it, but at the time before the hearing it all made since and so I went with his recommendation. I do truly like my attorney and this is why I don't want to bug him with to many questions. He said to me that he had three other clients that have the exact arthritis I do and they were awarded. I felt a huge sigh of relief as he actually knew what I am suffering from.
I know I want to get medical help so bad! In cali I had an amazing rehumy and because of the effects of enbrel and she couldn't believe how bad I was. I was tested regular to insure my blood work was fine and chest xrays done regularly. She even called me on her own personal time to make sure I was getting medical attention. Here I never get blood work, I can't get medication from my rehumy as they are 150 miles away and the other rehumys are 300 miles away one direction. The only good doctor I have is for pain management, and he is from Utah. My physiologist poisoned me with anti depressants as he didn't look into my medical record over a year I was experience horrible reactions to a medication he told me was safe.
I really want to get disability so I am able to move to missouri, the town I am looking at is right in the middle of two large cities and I know I could seek the medical help I need. That is my main reason for wanting disability so I can get professional medical help. My left knee is gone and I have been told by multiple specialist that there is nothing that can be done. I feel down the stairs about a month ago because my foot looked up and my knee couldn't support all my weight. I had no phone and though I was going to be stuck in the basement. It is very depressing to be 30 years old and having to face this. I used to be a landscaper and now I can't even maintain potted plants...
I think you are right, I just need to wait because I also feel that he believes I will be approved I am just nervous and really want to get better medical help before I can't walk anymore. PPS I hope we can all be mature and not bash me for grammar...I am not proof reading forum posts
