Preparation for hearing after denial
 

How do I prepare for my hearing? Denied for insufficient medical information and found NOT disabled. My state does not have reconsideration. Goes directly to ALJ after denial of original application. SSA does not show medical records that I hand delivered and omitted my disabling condition from the denial letter. I have just signed with a disability attorney about a month ago. I had to quit both of my jobs which I loved due to constant, chronic, debilitating PAIN which interferred with my ability to perform my job duties.

Make an appointment to view your file. Take copies.

I believe a CD can only be ordered for a transcript of an ALJ hearing.

Please read up on the grid rules as I mentioned before. At 61, you have a lower threshold for approval.

What does your attorney say?

Try not to worry to much about it....I know, easier said than done. You want to be calm enough to understand the judge's questions, ask for clarification if you need to, and answer simply and honestly. I can tend to ramble and my attorney reminded me to try to keep my answers short and to the point.....he even threatened to kick me under the table if I was rambling. I was asked questions like, "How does your pain influence your life?", "Why do you feel that you can't work ?", and "What is a normal day like for you?".

Good luck.

No News
 

I just sent an e-mail to my attorney. I have not heard from him since our first meeting about 6 weeks ago. I realize there is a lot of just "waiting" so how frequent should I expect contact between myself and my attorney?

I do think you should view, and copy your SS file, and then make notes prior to meeting with your attorney. If you can add a letter from any of your docs pertaining to function and/or get an RFC form completed, it can still be added. :)

Were you turned down with another application previously? If so, file will be added to your current one. A CD of the transcript would be helpful. Or, even reading the denial very carefully. (Post as much as you're comfortable with.) :)

Thanks for your response. My atty responded very quickly via e-mail and I was impressed with his immediate response. He said he should have my file by the end of the week from SSDI and will contact me. We also discussed some recent tests I had performed since our initial meeting. I much prefer to communicate via e-mail than phone as my hearing is not so good. I ask people to repeat, repeat, repeat, and then I give up and "guess" at the "fill in the blanks" which I feel could be detrimental under these circumstances.

Attorneys are not doctors so how do they advocate for you about things that are not their expertise? What if your attorney is not familiar with your medical condition? I was thinking we would have to meet more frequently so that he could get to know me, understand my medical condition, and how it impacts my life. Or does he get all the information from my file which I am guessing will contain my application and all the other paperwork I completed? Is the only "voice" in the process just what is on paper?

First Rodeo
 

This is my first rodeo with SS disability. I postponed filing for disability for several years thinking I would get help from some doctor and be able to return to the workforce. I have continued to pay into the system by doing work from home at my own pace, NOT substantial work. I earn about $300 a month doing some clerical work for a friend. I think they just want to help me and knew I would not accept charity. I struggle to even do this little bit.

About the RFC form......... how does one get a doc to complete it? I am from a large metropolitan area and getting more than 15 minutes with a doc is nearly impossible. My only hope of having one completed would be from my pain management doc.

Getting any kind of information from anyone is worse than pulling teeth except here. Thank goodness I found this forum. It has been a tremendous help. I have read the NOLO book, done research online, etc. And it is difficult to even ASK questions about things you do not know exist.

Thanks so much for your participation here and your help.

You really ask some interesting questions. My mama always told me, the only dumb questions are the ones not asked! :D

Have you had your hearing tested?? This is important for your SSI/SSDI application.

When are you claiming alleged onset?

For the RFC, bring it to your doc/s. They may charge you. They may send you to a PT to test you or they might take 5 minutes and just guess. You could email their offices and ask their procedure. Are they supportive of your application?

Just got file
 

I just got my file this evening. SSDI listed about 7 conditions of mine as SEVERE and 2 as other. BUT, the clicker is ...they have concluded that my conditions do not impact my functionality. My chief complaint which caused me to leave my employment was not listed at all.

My hearing has not been tested since the early 1970's at which time I was told that I had a 25% hearing loss and had surgery to prevent further loss.

I blame my difficulty with telephone hearing on the new equipment of today. While I may be on an old fashioned corded land line, the other party is usually on a cell phone and I just think it is bad coverage.

As to support from my docs....... well, hard to determine. One of my specialists, when I told him I had filed for disability replied...."I have never seen anyone approved except a double amputee." That was all that was said. My PCP did not even respond to the request for my records. My pain management doc is the only one I think I can depend upon for help. Will just one RFC from him suffice in your opinion? Although I have seen 3 neuros, one has retired, and the other two were seen only for testing.

You are a big help and I thank you. Your questions are a big help, too. Your info about how to go about and what I might expect regarding getting an RFC completed is greatly appreciated. I had no idea that they might farm out the completion to a PT because of time constraints. What kind of fee might I be looking at for completion of RFC if charged for one?

Get your hearing testing!!! If it's low enough, it's an automatic qualifier for SSI/SSDI. Look up the requirements in the blue book.

One RFC is better than none! If you think one is more supportive, than concentrating on him is ideal. What the charge would be? Some will do it for free during an appointment, some might charge $50 or so, some more. If you go and are tested by a pt it might cost several hundred.

http://www.ssa.gov/disability/profes...eech-Adult.htm

Here you go.

I've heard that some docs charge a 1 hour consult fee to fill out the FRC form.....that would probably cost a few hundred.

I "took the liberty" of filling out an RFC form myself to give them, to give them a better idea of what my capabilities are/or where at that time. That included that sometimes I could stand or walk for up to 1/2 hour, but sometimes I could only stand for a minute or two (just long enough to get into the bathroom). I could often sit for hours at a time, but many times for only a few minutes without having to lay down. I cannot go more than a few hours without feeling the need to lay down. If I do not have the opportunity to lay down when needed, my pain increases until that time when I can lay down. My docs could refer to my notes when they were completing the form if they desired.

RFC form
 

Hi and thanks for the info. BIG help.

I also think I found the correct button to click from your directions. You are fantastic.

I was considering doing just what you said........ fill out the form myself as a guide for my PCP to use, if I can get him to complete one. I am going to call my pain mgt doc's office tomorrow and make some inquires regarding the form. I think his report will be the most relevant and most important.

At my age (62) and the amount of money involved, I don't understand why SSDI is giving me so much resistance. We are talking about less than $200 per month for 3 and a half years until I reach full retirement age. The most beneficial benefit if approved will be the ability to get on Medicare earlier than age 65 to save me the nearly $1000 I pay monthly for my health insurance. Not sure how my share of Rx will be affected as it runs me close to $500 per month in co-pays. The retail price on the Lidoderm patches I use each month is over $900 but with my insurance I pay $45. Most of my scripts retail for amounts ranging between $100 and $300 monthly. I do take two scripts that cost me less than $8 each, but the other 7 are in the hundreds.

Do you have too many assets and other income to qualify for SSI?

Yes, I did (past tense) but now most have been used up to survive or being used as collateral against loans. Don't even want to go down THAT road. I would rather wind up on the street than fight for SSI. Fighting for disability is more than I want to deal with since I am so close to full retirement age. I think my only living relative would take me in before I became homeless.

Do you have too many assets and other income to qualify for SSI?

Proving your disabled for SSDI will also prove you qualify for SSI in terms of disability. As soon as your assets are at a level that qualifies for SSI, than you need to notify SS. It should not require any additional fight.