Had something strange happen at my hearing
 

I've been meaning to post here and as we all know our lives never go as planned... lol

A little info....
I had my SSDI hearing on 3/4. This was my first appeal after being denied immediately after filing. It was 18 months from filing to my hearing date. I never saw a Social Security doctor. I have made sure to continue treatment with my doctors and continue my medications (even without insurance).

My disabilities were listed as RSD,nerve damage on that limb, RA, chronic migraines being the major ones as well as IBS, TMJ, anxiety, depression, tarsal tunnel. I have RSD in my left arm and hand. My right arm has tendinitis and start of carpal tunnel from overuse. I also have a trigger finger on ring finger on the right hand. I am currently on Long term disability through a policy my employer had.

I won't go through all the questions during the hearing, but am happy to answer questions if that would help.

My doctors are fully supporting me and have filled out numerous paperwork, sent records and letters stating I am unable to work.

A VE was subpoenaed and was there.

The ALJ asked her questions. My representative asked her questions.
[b]First strange part[b]
ALJ came of the bench to look at my RSD arm. She started to touch it and Ikind of snapped and said sensitive to touch.

[b]Really strange part[b]
ALJ said she wasn't going to have VE testify at all. She said my doctors were saying I couldn't do anything. She wanted all my records sent out to 2 ME(medical experts) a neurologist and a Rheumatologist. After that she would forward info to the VE and my representative. Then give my representative 10 days to respond.

My representative said in 20 years she has never had this happen at a hearing. If the ALJ was to side with ME( who never treated or even saw me) against my treating doctors it would open up to appeal.

As of now we did get the ME reports back saying I could do sedentary work.

Anyone heard of an ALJ deciding at hearing to delay and send out records to a ME? This is so frustrating.

Very interesting. Thanks for sharing it. Hope it goes well for you.

Hi fbodgrl,

I've never heard of that happening.

I'm glad that your lawyer already feels that there is grounds for appeal if the ALJ goes with what the MEs say, but I'm concerned for you how much that will lengthen this process. Is th amount that you are getting from LTD roughly equivalent to what you would get from SSDI ? Do you have other insurance now or are you desperate for MC coverage ?

I'm concerned that the ME reports indicate that they think you can do sedentary work. To me, that sounds like your medical documention is not clear that it's just not the immobillity/difficulty using both arms, the RSD and the CT arm (although I'd love to hear what jobs the VE could come up with that you could do with no arms, nevermind how you would get dressed to go to such a job), but the major reason that many RSD people can't work is that our pain limits our ability to function at anything so much of the time. Do you have to lay down frequently due to pain or exhaustion from sleeping so poorly because of chronic pain ? Do you need to lay down in a dark, totally quiet, room to manage your migraine pain ? Does your medical documentation learly say that ?

What did your docs write on your FCR's ? If they wrote that you can sit for 4 or more hours at a time, that could be part of your problem.

Good luck.

My LTD is about $500 more than my SS amount.

I registered for health coverage through the affordable health care website. I waited to the last minute to register hoping I would be approved and get Medicare.

I'm under the impression from my representative and what I've seen of my records that they are quite extensive and detailed. I did testify at the hearing also regarding the need for a minimum of 1 nap, usually 2 during the day as well as laying being the most comfortable position when I am awake due to the pain.

The only non extensive records were my migraines because with no health insurance I couldn't afford to keep going to the neurologist on a regular basis. There were records from him regarding my migraines and confirming my pain management doctors diagnosis of RSD. There was also documentation about them in my pain management doctors records as well as hospital records and records from my primary doctor. The judge did ask why I wasn't seeing a psychologist for depression and anxiety. I told her I couldn't afford it and my pain management doctor had already had me on Cymbalta and Valium. ( My representative said if we need to refile or appeal I should start seeing someone) so that can be added to the claim and documented.

This waiting is killing me! :ranting:

Hey, it's been a few days. Hopefully it hasn't killed you yet! :p

Take care.

Nope not yet :ROTFLMAO:

Hi fbodgrl
 

Still got a pulse??? :rolleyes:

I just want to say thank you for sharing these details. You don't know how much it means to someone who is sitting on the west end of Timbuktu not having a CLUE how this might turn out. I've just filed my 1st appeal, got a Rep and now we're in the waiting game. Some of your issues resemble mine.
I'm hoping for a good outcome for you.
Keep us posted!

Rae

Yep...still kicking :D and still waiting!!

Glad my post helped you.

I talked to my representative yesterday. Apparently my case is now in the decision writing stage. Not sure how long that takes. It's been over 60 days since my hearing!

I saw my Pain doc this week. He is really ****** off about the ME opinions.

I'm glad that you were able to get that in, I hope it helps.

The ME stuff concerns me (as it does you)

Fingers crossed for you