Quote:
Originally Posted by Chaddiwicker
Thank you for your response.
I have worked, though I have struggled with depression since a teenager and have often quit jobs when I got depressed by just stopping going to work (not being able to get out of bed or anxiety of facing the world). I have had over 40 different jobs. I was also unable to complete college due to struggles with depression.
The attorney does have all the information I can remember. I don't have a lot of information from when I was younger because I or my family cannot remember who I saw for treatment. My records are mostly up to date since about 2004/2005. I recently looked at the "evidence" sheet and remembered that I had been approved for a program that I hadn't previously thought of and have requested information from them.
I'm not sure how exactly to answer you question about the appeals council. I was denied once by an ALJ after a hearing. My lawyer is trying to get me a second hearing with the appeals council. If I am denied a second hearing, my understanding is that my last resort is the Federal Appeals Court.
One slightly positive sign, if it is true... I read that appeals are often given when recordings of the hearings are partially inaudible. My lawyer told me that I was audible in the recordings for my hearing but the ALJ and others were not.
I discovered, today, that I cannot switch agencies for mental health without approval as my lawyer suggested. They want me to try a different therapist or file a formal complaint. I don't feel my therapist and I are a match but I don't think she deserves to get in trouble because we don't "mesh".
Stressed out about the new therapist stuff today. Scared that even talking about my stress about disability makes me look "bad".
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The reason I asked about your work is that they look into how many work credit hours you have and according to your age sometimes they turn you down because you don't have enough credits. Here is a link into why you medically may have been turned down.
http://socialsecurity.gov/disability/step4and5.htm#Q4_1.
If your were turned down by an ALJ then the next step would be the Appeals Council, I don't know if they will give you an appeal at the Appeal Council but, at the Federal level your attorney can subpoena your therapist and other experts and you can testify to your condition. Which should have happened at the ALJ hearing. The Appeals Council has you or your attorney file forms or a brief and they review it and the AC either decides your fate. or sends it back to the ALJ, this takes up to 15 months. The Federal level is both timely and expensive for an attorney and that may be why she is hesitant.
It sounds like you have suffered a long time with this depression, I don't know what happened to you but, I'm really sorry it has been such a long struggle for you. I have helped many people file for disability and have even done a couple of appeals(nightmare) and to me it sounds as if you should be getting benefits especially because they have you on medicaid. Have you called medicaid and asked them for help getting someone who can give you the proper mental help? I understand it's stressful when you have mental problems to start all over with having to trust someone new. I wish good luck to you and please visit the thread on this site that deals with people that have struggled with suicide, you will find you are not alone and a lot of people do care.