Originally Posted by soccertese

hi, looking for more kindness from strangers
to summarize my case, had to prove disability from parkinson's diagnosed prior to 12/31/2012, diagnosis was 12/25/2001. i did everything wrong, waited until 2014 to file for ssdi, didn't see a neurologist in 2012, actually stopped working in 2011. so to say the least skimpy support in my medical records, avoided seeing my neurologist since i was paying for all my medical care for pd out of pocket, didn't want to risk letting my insco know i had pd since i had been self-employed, 1 person software company since my diagnosis. rarely saw my customers which were retail pharmacies, basically wrote/maintained their software and computer systems, i certainly didn't want to be making a living this way but my skills didn't prepare me for much else, i only programmed in a version of basic hardly used, had no networking/internet training and used an obsolete operating system, SCO UNIX, after my pd diagnosis i figured avg 5 years to disability, do i stick with what i know and ride it out until i become disabled - my customers were all getting old and close to retirement and were happy to stay with me even with my pd and the risk and i knew the job well - or try to find a new job after diagnosis with skills low in demand and pd? i was single and pretty much alone and decided to continue with the job i had done for the last 20 years, a sure thing.
anyway,
My attorney wants to appeal. My experience with this attorney was intake from paralegals, ssdi application was filed on my first visit, 1 hour attorney visit a month before my hearing and 1hour at the courthouse prior to my hearing. I was told that this firm had handled many pd cases but when it got to the hearing phase i was told they had never gotten this far with a pd case, not sure if this is true but i doubt many pd cases get this far or are as difficult as this one. I haven't discussed the judge's decision in detail with the attorney yet but here are the reasons for denying my claim, btw i'm 61.
1. since i had to prove disability prior to 12/31/2012, SS did not have me see their neuro. i assume though they had a neuro review my medical records because it was stated that i didn't take sinemet CR, a longer lasting version sinemet, prior to oct 2013, which wasn't true, i was taking that and another pd medication so i assume they missed that or my neuro didn't chart it, i have my pharmacy records to back that up.
2. my medical records did not show i complained of fatigue to neuro prior to 2013, i have notes that i did.
3. judge stated i was still qualified to work as a software engineer prior to 2013. i wasn't asked what i knew in terms of programming languages, operating systems, systems integration, i was asked could i install software on a pc, could i install memory in a pc.
4. i stated i avoided billing my pd medical expenses to my insurance company so they couldn't jack up my rates for a preexisting condition and that's why i saw my neuro so infrequently and my medical records were so skimpy, the judge for some reason didn't believe my insurance company didn't know i had pd. i found this strange he even mentioned it. it was almost like he thought i didn't have pd? i admit when well medicated i don't display any obvious symptoms and no medical professional or even layperson 'except my son has seen me unmedicated where i am obviously disabled, shuffle, poor concentration, just want to lay down. the judge referred to dr. notes after 2012, i wonder if it would help to get seen unmedicated to at least prove that i could currently be classified disabled, seems this judge doesn't even believe that?

So i guess i might have some grounds to appeal if i can add more supporting evidence to my medical records, especially my drug regime - to save money i got my neuro to prescribe large size strengths which cost less and i split but a casual observer wouldn't notice that so it looked like i was taking a low dose, there was some wording in the judges decision that he didn't believe current notes from my neuro and GP in 2014 that they thought i was currently disabled. i saw them both in 2014 for exams in preperation for applying for ssdi so they were more thorough than previous exams.

i guess my question is any advice prior to appealing? i certainly want my attorney to work with me more on reviewing my doctor's medical records and correcting them, i have never seen them which makes me wonder after the fact why my attorney didn't go over them with me since everything seemed to hinge on them. is there a snowball's chance in ... that i could win an appeal, does the appeals board suspect updated medical records? it seems even thinking of a new attorney would be a waste, who would even want such a non-winnable case? and finally, i think i should be much more active than i've been, more demanding, but i don't want to alienate my attorney nor beat a dead horse.

bottom line, i should have filed after i stopped working in 2012, i didn't because i hadn't filed my 2008-2012 tax returns and thought since i had OVERpaid estimated taxes i was ok on SS - had problem getting my SCHED D to match 1099's due to lots of penny stock trades in 2008, 2009 and needed to bring forward tax losses from year to year, if only i had just filed my other schedules, dumb!!! i of course did my own taxes, dumb. i overpaid my estimated taxes those years to be safe but there's a 3 year, 3month, 15day cuttoff to apply SS taxes to your acct, my income in 2009-2011 was too small to matter. maybe i could blame my stupid decision making to pd and living alone but i have nothing on my medical records on decreased mental capacity.

appreciate any specific advice. general advice in getting the most out of my attorney, i get the feeling since they are on contingency they work the hardest on the cases with the best chances of winning and just look at cases like mine as a money loser. could i offer to pay them for more effort? this is a legitimate large local firm.