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-   -   Preparation for hearing after denial (https://www.neurotalk.org/social-security-disability/190181-preparation-hearing-denial.html)

Hopeless 06-18-2013 12:18 AM

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.

LIT LOVE 06-18-2013 01:14 AM

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?

finz 06-18-2013 02:03 AM

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.

Hopeless 06-18-2013 09:42 AM

No News
 
Quote:

Originally Posted by LIT LOVE (Post 993059)
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?

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?

Mz Migraine 06-18-2013 11:26 AM

Quote:

Originally Posted by Hopeless (Post 993139)
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?

Call your atty if no response to your email within 24-48hrs. If you have to leave a message, remind the atty politely yet firmly that he/she is working for YOU, not the other way around. You expect a call back within that day. Also remember that you are not the atty only client. ;)

If you are waiting for an ALJ date, there is nothing for the atty to do but to gather all your current medical records up to the date of your hearing. The atty will contact you either by phone or letter if he/she needs anything further from you - seeing any new doctors, etc.
Once you have a date, approximately a week or two prior to the hearing, the atty more than likely will have you come to their office to "prep" you. Any questions you may have, write them down and take them to your "prep" appt.
On the day of your hearing while you are waiting to be called in, the atty will further discuss your "prepness."<---- Is that such a word? :D




GOOD LUCK! :hug:

LIT LOVE 06-18-2013 03:09 PM

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.) :)

Hopeless 06-18-2013 03:58 PM

Quote:

Originally Posted by Mz Migraine (Post 993166)
Call your atty if no response to your email within 24-48hrs. If you have to leave a message, remind the atty politely yet firmly that he/she is working for YOU, not the other way around. You expect a call back within that day. Also remember that you are not the atty only client. ;)

If you are waiting for an ALJ date, there is nothing for the atty to do but to gather all your current medical records up to the date of your hearing. The atty will contact you either by phone or letter if he/she needs anything further from you - seeing any new doctors, etc.
Once you have a date, approximately a week or two prior to the hearing, the atty more than likely will have you come to their office to "prep" you. Any questions you may have, write them down and take them to your "prep" appt.
On the day of your hearing while you are waiting to be called in, the atty will further discuss your "prepness."<---- Is that such a word? :D




GOOD LUCK! :hug:

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?

Hopeless 06-18-2013 04:12 PM

First Rodeo
 
Quote:

Originally Posted by LIT LOVE (Post 993237)
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.) :)

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.

Mz Migraine 06-18-2013 06:02 PM

Quote:

Originally Posted by Hopeless (Post 993245)
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?
Most SSDI attorneys worth more than a grain of salt have paralegals/associates/secretaries, etc that will do all the grunt work - research. Don't worry, by hearing time, rest assured your attorney will know more about you & your medical condition than your own doctors & mama! :D
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?
Not trying to be smart.... Regarding "disability" claims it is not the atty job to "get to know you." The atty would not have taken on your case if he/she did not think you have a chance of winning. Their job is to make sure they have all of your medical documentations to prove that your medical condition prevents you from working any type of job. The ALJ judge will be reviewing your file prior & during the hearing. Sometimes asking you questions about your health/disability(s). The medical documents from your physicians must prove that your disability is preventing you from working.

This a direct quote from finz who is a valuable contributor here: "With few exceptions (blindness, ALS, terminal cancer, etc) it's NOT about the diagnosis, it's about how your symptoms of that disease/condition impact your ability to work. The ALJ judge will be looking for this information in your medical file (that the attorney presented).

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

LIT LOVE 06-18-2013 08:19 PM

Quote:

Originally Posted by Hopeless (Post 993252)
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.

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?


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