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Finally heard from SSA
Got a letter of remand from the Social Security today!!!! YAYYYYYY!!!!!! :D
The appeal to the appeals council was recieved by them on Jan 9 2006, so it took a little over a year to hear back. WHEW!! Thought that was never gonna happen lol. The attorney even gave me some good news, I sure did need some too!! The judge retired!!!!! So I get a new judge!! The other judge was pretty mean, it will be nice to see someone new. Now to pray this one is better. They also said there would be a vocational expert this time, not sure if that is good or not lol. They said only another 3 to 6 months for the remand hearing, then the wait for the decision again. Here's to hoping it goes well and speedy! :Head-Spin: |
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Well it is about DERN time...........fingers crossed & prayers too.........
*HUGS* DebbyV |
Hello Allen: What wonderful news!! I hope everything goes your way. You surely deserve a break.:Dancing-Chilli:
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Let's see . . . "remand hearing" . . . unless I'm missing something, that's usually preceded by some variant of the term "reversed."
CONGRADULATIONS !!! Mike |
Freezes in the headlights
Wow Mike!!
That is soooo right!!!! Man I sure hope it is!!!!!!!! It has been one looooong haul! :D |
Too kool bud..
an about time too!! |
allen,
having a vocational "expert" can be either good or bad, depending on how your lawyer handles it.....there was one at my hearing and he and my lawyer got into a real p***ing contest over how u use a cash register, of all things. this particular 'expert' works for a work/comp insurance co, and can find a job for ANYONE (i swear that, presented with a patient in a coma, he would suggest they find work as a speed bump)....anyway, his suggestions for me were to work in the info booth at a mall (lawyer shot that down because of all the typing of gift certificates), to work as a security guard monitoring screens, or to work as a cashier in a mini-mart/gas station.....the last suggestion is what caused the whole thing to go south. instead of pointing out that people who work in minimarts have to stock shelves, empty the big trash cans by the gas pumps, etc, he and the lawyer got into this big argument about cash registers representing repetitive motion.....the judge finally got disgusted and ended the hearing....i know now that i should have stood up and asked the judge to throw them both out and presented my own case. no mention was made of the fact that i'd be very unreliable (good days and bad days, good days that turn into bad days, etc) or that i would need lots of sick time to go for my treatments.....no mention was made of the fact that i'd never pass a drug test, or that the drugs make it unsafe to drive to work....no mention was made of the fact that at my age (i was 55 at the time) it's hard to get hired....the equal opportunity laws make it illegal to discriminate because of age or disability, but that does no good at all unless u can PROVE that u weren't hired becuase of age, etc. i think the lawyer did a horribly inept job of presenting how sick i was and how much pain i was in....and that's where the focus should have been, not on any job specifics, but on the fact that it's all but impossible to work in constant pain or in a daze from drugs.....this was shortly before the soc/sec policies on rsd were set up, so we were starting from scratch with the judge. if your lawyer is better than mine (and he could hardly be worse) he will handle the vocational guy in terms of how nearly impossible it would be to work in your state of health, rather than in specific job terms....if u have any doubts about what's being said, please remember that u do have the right to ask for a brief recess so that u can talk to your attorney. this is longer than i intended, but i really have a bad attitude about vocational experts (and sloppy lawyers, too).....i hope your hearing goes well, and that u (finally!) get your disability. liz |
YAYYYYY!!!!!!!!!!!!!!!!!!!!!!!!!!
Way to GO Allen! Good for you! I have no idea what a vocational expert is, but I'm sure someone here does! But I'm sure this is AWESOME news for you! FANTASTIC!!! |
Hi Allen--CONGRATS, and hopefully the new Judge will recognize the LIMITATIONS of SUSTAINING "gainful employment" when one has RSD.
Do you have copies of your medical records? Although it might be redundant, it might be useful if you could find MEDICAL DOCUMENTATION of FREQUENCY of treatment,reactions to treatment, SIDE EFFECTS of your medications (drowsiness during the day etc., etc.) your physical RESTRICTIONS--anything at ALL that supports INABILITY TO SUSTAIN WORK . The Voc Rehab counselor most liketly will be at the hearing to testify to your previous educational and work history , and jobs that you might likely be able to do (including being propped up a the nearest Circus side-show and having money being dropped into a clown-hat...) You know YOUR medical case better than your attorney--and he may not have the time to go through your records with a "fine-tooth comb" to find ALL the medical evidence in your records, including the "subtle" things that are easily overlooked, that could potentially "rebut" any possible "job" the Voc Rehab counselor might throw at the Judge. One of my friends had this happen at HER hearing--everytime the medical testimony tended to support her inability to work, the Voc Rehab lady kept punching stuff into her lap-top computer...lo and behold...ALL "sorts of jobs" popped up...unfortunately, the attorney was not AGGRESSIVE, and did NOT cross-examine the Voc Rehab lady very effectively. It is really too bad that Judges and Voc Rehab people have NO IDEA just how "predictably unpredictable", painful and EXHAUSTING RSD can be--I sure hope that they GET EDUCATED and you WIN!!!!!!!! :D :D Brokenwings |
P.S.--The Guidelines for qualifying for RSD under SSDI are somewhere on the SSA web-site. I used to have them, but I can't find them!
Maybe somebody here can direct you to the SPECIFIC link--once you get them, print them out and try to correlate the relevant portions of your medical records, and all your objective and subjective findings, etc with these Guidelines (your attorney or his Paralegal should be doing this, but if they won't take the time to....somebody has to!). Hope this helps, Allen! Brokenwings |
Hey Allen -
OMG, I really hope this goes your way, sounds like you better arm yourself to the teeth with as much info as poss, and keep a wicked eye on that attorney. My fingers are very tightly crossed! And Liz (sounds like you've been through the mill with this issue) - but thanks for the big laugh, I know it's no laughing matter - but you have such wit: Quote:
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Hi Allen,
I just wanted to say hi and to tell you I'm happy for you that things are moving along.
I've said this before on here and I know you live in Ca. so you might write to you State Reps. OR senators and tell them your story and send them copies of what is going on with you and they may speed this up for you. I got mine by getting a State Rep involved and I've seen it happen with other people here and one that use to be on the forum. They will get involved. I wrote a letter telling my story and sent him a copy of my files. I know he didn't read them all because of how many I had but he got involved and I had my disablity within a week. This is just my thought on it but if you have some of the big wigs involved it does help. Either way, I hope it comes to you soon. Ada |
Arming to the teeth!
Thanks for all the good information!
I am going to win this time! Aint no stinkin lawyer gonna take me for a ride this time, im getting everything together right now. The only thing that is hurting me atm, is that I do not have doctor!!! :eek: But I am trying to get into this teaching hospital. I would hate to go back to the snoozing doctor that doesnt believe in pain medications :( If I do it is because im gonna get a referral lol! Last time I didnt have the vocational expert, but the new lawyer I hired wantd one??? He put in his letter to the appeals council that it was unfair for the judge to hear my case without one. This new guy is pretty good, the county where I live asked me about who I had because they wanted to take the little insurance I have away from me if my attorney was not a good one. They were going to take advantage of the poor and disabled!!! :eek: Soon as I said his name, they told me he used to represent all the disabled they would send him, and was very good. Then they dropped the whole idea of dropping me. I was livid at that point anyway, just had my doctor drop me, didnt need this to happen. Anyway, from what I can find out about the guy is that he does not mince words, and his reputation for winning precedes him very well. Plus a great reputation with the judges. :) |
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