Filed for SSI 11/2013 and currently waiting for hearing - any advice?
 

Hello. New here. I filed for SSI in Nov. 2013. I'm in my early 40's. I have a shoulder injury with a 5% full body impairment (I think that is what it's called), neck and back problems, fibromyalgia, morbid obesity (doctor's words, not mine), dysthymia (some form of depression), generalized anxiety disorder, GERD, hypertension, obstructive sleep apnea, venous insufficiency, glucose intolerance, peripheral edema, and some vitamin deficiencies. I have not worked since an accident I had around early 2008. I spent several years in and out of physical therapy and then had a surgery, and then after that, I was still recovering and had some additional undiagnosed health issues that I was seeing a lot of doctors for. In the middle of everything, our state office for vocational rehabilitation could not place me for work because I would miss too much due to appointments and therapy, so they suggested that I could go to college and get a degree because when I finally got "better", I would be easier to place. I spent almost 5 years in online classes and ended up with a college degree. But during that time, my health declined. They continue to support me, and provided me with all sorts of testing and services. My counselor has basically told me that she cannot place me in my rural location and with my particular accommodation needs at this time, and actually recommended that I pursue SSI. I have had a physical and mental RFC, both recommending that I cannot work at this time, and that I should pursue SSI.

I was denied on my first filing, as I expected, and I have appealed, and gone through the process to where I am now, awaiting a hearing from the ALJ. When I first applied, I don't believe I had enough supportive evidence. But, my lawyer now believes I have enough.

One of my main issues is that this is for SSI which is based on income and need. When I first filed, the local office employee told me that SSI cases are typically pushed through because of financial need, and that I didn't need to worry about medical tests, as they would provide them if needed. However, the decisions have always included a line that says that they don't have sufficient vocational data to make a valid decision. I suspect that is due to the fact that I didn't really work until 2007 because I was a stay at home mom, and then I only worked a few months and then was in the accident. One of the most difficult aspects of this is that our financial state is dire. Our situation is complicated - with a disabled child, a child in college (who has minor disabilities), and a husband who is partially disabled and due to have some surgery this coming year. One child receives SSI and my husband does work (he has a job not too greatly affected by his disability, and his company disability policy will cover his missed work for his surgery). My one child's SSI was cut due to some overpayments last year which were reported by us at the time, but they never applied until this year.

I am hoping that someone can give me advice? The lawyer says he can write to see if the ALJ will consider an on the record review or something like that? He also suggested I could contact my congressman? Would that help? The lawyer says he can request an on the record judgment or something like that? Is that a good thing? His biggest concern seems to be my age. :confused: Do you think I have a good chance of being approved at this level?

(Hope this isn't a duplicate - I submitted it once, but it never went through!)

That seems like an insane waste of resources, quite frankly. Online degree programs usually have very low graduation rates. If you were able to complete a college degree in 5 years, it would seem like you should be capable of working even a part time online job making substantially more than what you would receive from SSI. Have you looked for a job on your own or considered some type of small business? You will often get first priority with government jobs due to being disabled (you'd have to research your local policies if such priorities would apply.)

SS does factor your level of education into their decision, so by completing a degree you just made it more difficult to qualify. If you had a few failed job attempts prior to applying, I believe your application would be more credible.

An OTR decision just means you're asking for a decision to be made now, prior to an ALJ hearing. If there is enough evidence than you might be able to avoid to a hearing. Contacting your local Congressperson might be able to speed up the process, but only if you're facing eviction or foreclosure generally--unless there has been lengthy delays in your case which it doesn't sound like.

I agree with you that it does seem like a waste of resources, but at the time, we thought I would improve, and I only got worse. In the end, I was just struggling to complete the classes and wanted to be done. I didn't even get the degree I sought - I ended up with an integrative studies degree which basically means that I didn't complete any full course of study, but rather had four different courses of study that were compiled into one degree. I was so miserable at the end, I just wanted it over. I have attempted to find employment, and I am working with the vocational rehabilitation office, but even they say with my disabilities they cannot place me. They sent me to a psychologist who said I shouldn't work for now, that I need time to get better. My problem is that I haven't worked a job since 2007, and I was there a short time and then put on short term disability which ran out, and I was denied long term disability, and ultimately terminated.

Lawyer has filed for an OTR decision. Guess I wait and see what happens next......

Just to give you a heads up, the standard is that you're not capable of working at the SGA level. SGA= Significant Gainful Activity, or $1070 per month. Even with daily pt or doc appointments that should still allow you to maintain a part time job, so don't claim that as a reason for not being able to work.

Please keep us updated. I've always been curious how much consideration an ALJ would give to Voc Rehab's input.