Have my ALJ date for June 24th any advice?
 

Hi, I just found this site and was wondering if I could post a question. I have been trying for SSDI for close to 4 years. Well my court date has finally been set for June 24th. I am going for depression/schizoaffective disorder and a bum knee. 4 surgeries within 2 years and need 1 asap. As soon as WC issues are resolved i will have another surgery. I see 2 doctors for the depression issues and 1 orthopedic dr for the knee. I did go to my family doctor this week for stronger pain meds as I am waiting for the new surgery. I have hired Allsup for the hearing. They told me soemone will get a hold of me within 1 week of the hearing. Well I am a nervous wreck. I was wondering how the hearing will go, what do I need to take with me. Should I document the family history of depression/suicides. I just want to be as prepared as possible. Thanks for reading.

Hi HD,

Below is a cut paste from a post I madew in the past about my hearing and approval process

I have heard that if you have not required several psych hospital admissions, it is hard to get ssdi for psych issues

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I think a big part of our problem is when you have a non visible disability. If you had no legs, soc sec has a better idea of what you can and cannot do. That you have diabetic neuropathy causing pain in your feet doesn't paint them a picture. You get up and walk to the bathroom without assistance, right ? Then according to ssdi, you can walk/stand.

I found out that doctor's narratives saying totally disabled or cannot work don't seem to matter to them. It's all about that sit/stand functional assessment form.

Before my hearing my new primary and new neurolgist filled out those forms. My primary was asking me the questions as he filled it out. He asked what I do in a typical hour, so I said I'd probably be sitting in my chair most of it , maybe going to the bathroom or getting an icepack, etc So, he estimated 45 min sitting and 15 min standing/walking and multiplied by 8 hours for 2 hours standing and 6 hours sitting. Somedays I can easily do that. Most days that is interupted by laying down several times and/or napping.

At my hearing, the judge asked me why my form, my primary's form, and my neurologist's form all said different things. My neurologist filled out the "worst case scenario" of I couldn't do anything because I'm in bed all day.

Thank God the judge asked me and thank God she let me explain. She said discepencies (? spelling) like that are a major cause of denials. I got to explain my form was "best case scenario", neuro was "worst case", and primary was in the middle. She said she wanted to know what an average day was like.....not worst pain or lowest pain days, but average.

At the hearing there was a member of the vocational board there to determine what work I could do. It came down to him saying that there was no job he could offer which would allow me to lay down with an icepack every few hours.......so....ta da ! I am disabled.

Pain didn't matter. All the household chores I can't do, etc didn't matter......it was all about an employer could not be expected to provide a bed for me to lay down.

Check what you wrote on the functional assessment form.....that seems to be the key.....or at least it was in my case

Hang in there,,,,,approval is possible. I was out of work for a year when my WC lawyer suggested I apply for ssdi. It took 3 years for me to get approved.

I too have a June ALJ Appt. coming up !
 

Hello to both of you ! Reading your question and the answer - has helped me as well ! Thanks !

I was injuried on March 13th, 2005 ... got denied by SS - then denied by ALJ - then appealed to the SSD Review Board - who in turn sent my case back to the ALJ (said she didn't do her job and look at all the medical details) ~~ so I have another court date on June 19th ! After 4 years and 2 months -- I sure hope I get approved ! But like you said in your answer - when it is not an injury the ALJ can physically see - it is so hard to get approved !
My L1-was fractured and crushed , L4 & L5 & S1 are all herniated, ostreoprosis, and major depression (my whole life) ! Wish me Luck ! :winky:

Good Luck with your hearing. My problems aren't really visible either, but luckily for me my judge in April was a old grandfather, who saw how many surgeries I had, and said then I was automatically approved.I noticed your from NC? Where is your hearing going to be at?
Ashley

ALJ Hearing
 

I would not worry about preparing. That is Allsup's job. They have a good reputation.

They will probably not pursue the bum knee. You best claim will be based on your psychiatric issues and untreatable pain.

Just because you cannot do your old job because of your knee, does not mean you cannot work. Allsup will need to demonstrate that the psych and pain issues prevent you from working 'gainfully.'

Mark, I am sure you are right. The pain is so bad all I can do is sit with it elevated most of the day with ice packs or a cyro cuff on it. It is awful trying to do any sleeping. As far as the mental issues they are as bad. I can't concentrate anymore. I give up on watching any TV as I can't follow anything anymore. And I have bad social interactions. I have trouble going out in public. seems like everyone is watching me. All I know is I am a nervous wreck. I have to still wait until June 24h. I wish there were a way that I didn't have to go testify. I do not know if I can do it. I take klonopin for it but sometimes it doesn't work.