Is my case hopeless?

legalmania · 11-29-2010, 08:32 PM

Quote:

Originally Posted by Chaddiwicker

Thank you for your response.

I have worked, though I have struggled with depression since a teenager and have often quit jobs when I got depressed by just stopping going to work (not being able to get out of bed or anxiety of facing the world). I have had over 40 different jobs. I was also unable to complete college due to struggles with depression.

The attorney does have all the information I can remember. I don't have a lot of information from when I was younger because I or my family cannot remember who I saw for treatment. My records are mostly up to date since about 2004/2005. I recently looked at the "evidence" sheet and remembered that I had been approved for a program that I hadn't previously thought of and have requested information from them.

I'm not sure how exactly to answer you question about the appeals council. I was denied once by an ALJ after a hearing. My lawyer is trying to get me a second hearing with the appeals council. If I am denied a second hearing, my understanding is that my last resort is the Federal Appeals Court.

One slightly positive sign, if it is true... I read that appeals are often given when recordings of the hearings are partially inaudible. My lawyer told me that I was audible in the recordings for my hearing but the ALJ and others were not.

I discovered, today, that I cannot switch agencies for mental health without approval as my lawyer suggested. They want me to try a different therapist or file a formal complaint. I don't feel my therapist and I are a match but I don't think she deserves to get in trouble because we don't "mesh".

Stressed out about the new therapist stuff today. Scared that even talking about my stress about disability makes me look "bad".

The reason I asked about your work is that they look into how many work credit hours you have and according to your age sometimes they turn you down because you don't have enough credits. Here is a link into why you medically may have been turned down.http://socialsecurity.gov/disability/step4and5.htm#Q4_1.

If your were turned down by an ALJ then the next step would be the Appeals Council, I don't know if they will give you an appeal at the Appeal Council but, at the Federal level your attorney can subpoena your therapist and other experts and you can testify to your condition. Which should have happened at the ALJ hearing. The Appeals Council has you or your attorney file forms or a brief and they review it and the AC either decides your fate. or sends it back to the ALJ, this takes up to 15 months. The Federal level is both timely and expensive for an attorney and that may be why she is hesitant.

It sounds like you have suffered a long time with this depression, I don't know what happened to you but, I'm really sorry it has been such a long struggle for you. I have helped many people file for disability and have even done a couple of appeals(nightmare) and to me it sounds as if you should be getting benefits especially because they have you on medicaid. Have you called medicaid and asked them for help getting someone who can give you the proper mental help? I understand it's stressful when you have mental problems to start all over with having to trust someone new. I wish good luck to you and please visit the thread on this site that deals with people that have struggled with suicide, you will find you are not alone and a lot of people do care.

Chaddiwicker · 11-29-2010, 09:21 PM

Quote:

Originally Posted by legalmania

The Appeals Council has you or your attorney file forms or a brief and they review it and the AC either decides your fate. or sends it back to the ALJ, this takes up to 15 months.

Just to clarify... are you saying it takes the appeals council 15 months to review the brief my attorney files or are you saying it would take 15 months if my case gets sent back to an ALJ?

Thank you for all the information you have supplied and, specially, for the supportive words.

finz · 11-30-2010, 02:00 AM

CW,

I understand that you feel uncomfortable filing a formal complaint because you don't mesh with your current therapist, but if that is the only way to change therapists, I think it's something you MUST do. Having adequate medical documentation of total disability is essential for approval for SSDI or SSI. I would write that in your complaint......that the financial worry that you are experiencing is exacerbating your issues. If a therapist feels that you can work, preparing you to do that should be a large focus of your treatment plan. If they feel that you cannot work, that documentation is critical for your long term well being. I would think a good therapist should understand that.

I understand that most therapists are reluctant to share the specifics of a treatment session. They do that to protect your privacy. One would think the center you use would have a medical director whom you could see for consult who could prepare the needed documentaion.......not necessarily revealing the specifics of each session, but evaluating your ability to engage in substantial gainful employment.

legalmania · 11-30-2010, 12:01 PM

Quote:

Originally Posted by Chaddiwicker

Just to clarify... are you saying it takes the appeals council 15 months to review the brief my attorney files or are you saying it would take 15 months if my case gets sent back to an ALJ?

Thank you for all the information you have supplied and, specially, for the supportive words.

I have done 2 cases with the Appeals Council and it took approximately 15 months to get a decision. This was a couple of years ago, they keep saying that they are working on getting cases processed more quickly. I'm hoping it will go quickly for you. I really don't know how they expect people to go without money that long. I hope this helps clarify things for you. Here is some info I got from the site.

Appeals Council

If you disagree with the hearing decision, you may ask for a review by Social Security’s Appeals Council. We will be glad to help you ask for this review.

The Appeals Council looks at all requests for review, but it may deny a request if it believes the hearing decision was correct. If the Appeals Council decides to review your case, it will either decide your case itself or return it to an administrative law judge for further review.

If the Appeals Council denies your request for review, we will send you a *letter explaining the denial. If the Appeals Council reviews your case and makes a decision itself, we will send you a copy of the decision. If the Appeals Council returns your case to an administrative law judge, we will send you a letter and a copy of the order.

Chaddiwicker · 12-01-2010, 09:24 PM

Just as a quick update, I got approval to change agencies and scheduled an appointment with a new therapist for next week. Now I get to tell all my crap to a complete stranger. Not exactly fun for someone with social phobia.

Cerridwen35 · 12-01-2010, 09:40 PM

I'm sorry to hear how much problems you are experiencing. Getting SSI/SSDI is extremely time consuming. I do agree with a previous post that you should ask your attorney who she would recommend as a therapist. However, in many cases, a psychiatrist's opinion is better. Before you went in front of the ALJ, did the SSA send you to a psychiatrist of their own for an independent opinion?

As far as your attorney, do you know how experienced she is in handling SSI/SSDI cases? I can't tell you how important it is to have an EXPERIENCED attorney. This person basically has your life in their hands. I was unclear on your appeal to the Appeals Court. Has that been already been filed because you only have a limited amount of time from receipt of the ALJ's decision to file with the appeals court. If that has been missed, you will have to start the process over.

I wish you the best of luck with this process and don't give up hope.

finz · 12-01-2010, 11:16 PM

Good for you CW !

I understand that means another cause for anxiety. Maybe you could start by typing as much of the info as you can and printing it out. Then you can be sure you have given the new therapist a thorough review of your situation and your needs. Hopefully, that will decrease your stage fright a bit on the day of your visit.

Take Care

Chaddiwicker · 12-03-2010, 09:40 PM

Quote:

Originally Posted by Cerridwen35

I was unclear on your appeal to the Appeals Court. Has that been already been filed because you only have a limited amount of time from receipt of the ALJ's decision to file with the appeals court. If that has been missed, you will have to start the process over.

Thank you for the words of support. The appeal has been requested and the lawyer is in the process of preparing a brief to submit to the Appeals Council. It was originally due last month but she requested an extension and received it. The brief is now due towards the end of this month, I think.

Cerridwen35 · 12-19-2010, 04:23 AM

Quote:

Originally Posted by Chaddiwicker

Thank you for the words of support. The appeal has been requested and the lawyer is in the process of preparing a brief to submit to the Appeals Council. It was originally due last month but she requested an extension and received it. The brief is now due towards the end of this month, I think.

Things are sounding more promising for you. Your attorney has a HUGE undertaking to get the brief ready. Preparing and filing a brief with the Court of Appeals is time consuming because of the amount of information that goes into it. Because your attorney was able to get an extension, hopefully he will have received a report from your new therapist. I do hope that went well and this person was a better fit for you. It is aggravating when someone's doctor/therapist doesn't seem to care about your problems. I've had a bit of trouble myself getting doctors on board so that I can get a trained medical dog. My house was broken into last year while I was home. I still suffer from PTSD and anxiety while in public. It took a while, but my doc finally agreed to complete some paperwork so I could get approved for the dog. I'm hoping to have her by the Spring. I know there's a light at the end of the tunnel for both of us. I'll keep my fingers crossed that everything goes well for you on the appeal.

Chaddiwicker · 01-05-2011, 02:08 AM

Just wanted to update this. The lawyer has submitted the brief on my behalf to the appeals council. She sent me a copy and I have to say that she did a good job with it. Whether the appeals council agrees or not, I cannot control. Struggling with how I will survive while the decision is being made and what I do if I am denied yet again. More waiting.

Thanks, again, for all the support.

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