Dear Soccertese,

Two other things I forgot to mention. I have learned that with some of the big firms, they do not even see or meet the client until they come face to face at the hearing. All communication is done by phone or written. You are ahead in that respect since you have at least met face to face with a paralegal.

The other forgotten matter in my prior post. Even though you have representation, the more proactive you are, the more you assist yourself, the better. It is YOUR claim and YOU are the one that will be impacted the most by the outcome, not the atty. They will have other clients upon which to earn their money. This is coming from my personal opinion only. It is based upon my own perspective and personal history with the legal system and attys. I also have "control" issues so I am not one to sit back and just let others "handle" things. Ask questions of your representative along the way, get advice from them, but do not just sit back and "hope" they are on top of things. You ARE not their only client and therefore correct in your feeling that you are a number to them. In many ways, you are just that. But, keep in mind, if you don't win benefits, they don't get paid so they do have some stake in the matter. Also, do some of your own research. The more YOU know, the better.

Janke covered the most important aspects of your case.

I find it odd your attorney office didn't determine your eligibility before having you apply.

If you are well enough to work while medicated, than it is unlikely that you'd be approved for SSDI. The "grid rules" go into effect at your age, but beyond those concessions for age, whether or not you'll be hired is not considered. But, these are non-issues until you prove eligibility.

Please read my post #45 in this link. http://neurotalk.psychcentral.com/thread148967-5.html

I think it will help.

[When medicated, to the untrained eye I don't appear to have pd, medication works well. Unmedicated I have major pd symptoms, freezing so I take baby steps and halt, fatique, stuttering, disabled to the point that I just lay or sit down. ]

This part wasn't touched on and I am curious about it, medicated vs unmedicated and gainful employment - does it matter for SSDI?

Would it be similar to those in pain & on pain meds, if the pain meds work for them and if they are able to do gainful work or not?


If this is a sticking point the attys should have brought it up I would think anyway?

Is it one of the companies that only get paid if you succeed?
Or one that gets paid by the hour?

The way my lawyer explained it to me was that medical evidence is what counts and until you produce the medical evidence your personal testimony doesn't mean too much. When you go before the ALJ he will weigh your medical evidence against what ever medical evidence the State has, if the State sends you to a Doctor for a medical examination. If the State does not send you to a doctor and your medical evidence is compelling then you win. If the state sends you to a doctor and the states doctor agrees with your doctor then you win. If the state sends you to a doctor and that doctor disagrees with your doctor then the judge will have to decide which version is more believable. That is when your personal testimony will make a difference, in that case your testimony can act as the tie breaker, If you personal testimony (and/or that of friends and family) is compelling, you win because your testimony breaks the tie, so to speak.

this company only gets paid if I get SSDI.

Medicated vs not medicated isn't an issue regarding SSDI/SSI.

If only non medicated was acceptable for a worker, no one with diabetes, high blood pressure, or any other condition that required medication to control symptoms could ever work.

The use of pain meds for those of us with pain issues can be a bit trickier, in terms of some specific jobs, say a bus driver, might preclude you from being able to take certain medications while doing THAT job, but even that wouldn't preclude one from being able to do ANY job.

A factor in working while on pain meds, or ANY meds, is that the side effects might then limit the ability to do the needed work. Many on adequate doses of pain meds might then be able to manage their pain, but might have such issues with dizziness, nausea, or fatigue that they would be unable to work because of those symptoms.

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Soccertese,

I'm sorry to hear of your health issues and inability to work.

I'm glad that Janke saw your post and addressed the obvious concerns about your date last insured. If the medical evidence that is documented doesn't support total disability before 12/31/12, it sounds like it's SSI or getting the IRS to communicate that you did work more to convince the SSA to adjust your last date of insurability.

Best wishes getting through this difficult process.

Just to clarify, attorneys as well as non-attorney reps are regulated by law on SSDI/SSI claims payment and are limited to a percentage of backpay and a max dollar amount.