The system is set up to give the people in the most desperate situations some help until they can better their circumstances.

People with over $2000 in assets may feel desperate, but they are not as desperate as the folks with nothing. The system is only designed to help those who are the most desperate, those with (almost) nothing. It is to help one find basic medical care, some form of shelter, and food........not to live in the style that one desires to become accustomed to. It's not the governments job to help one better their circumstances. That's up to the individual.

Money doesn't grow on trees. The money for SSI and Medicaid has to come from somewhere......it comes from other people's taxes. I'd prefer not to have to pay $100/month for Medicare, $100/month for a supplement plan, approx. $100/month for doctor copays, $200/month for pain meds, $100/month for other meds. That's $600/month in medical expenses that I'd love to have in my pocket. If I got to keep that, I'd be able to afford massages that help so much with my neck......or some help around the house. If I had Medicaid, I could save all that money. The problem is those things just wouldn't be "free".......everyone in this country who pays more taxes would have to pay even more, they'd be paying that $600 for me. It's not unreasonable for them to not want to pay that for me if I already have over $2000 in the bank.

It's up to each individual to find success in life. Some are lucky enough to get some help along the way possibly from their parents or maybe federal financial aid to get through college. I think it's wrong to EXPECT someone else to pay your way to financial success. Personal accountability is important.

Because totally disabled people don't have the same opportunities to work better/harder/more to improve their financial situation, I hope that no one here takes my words as a critique that we should get off the couch/out of the bed to work more. We can't, but more able bodied people on Medicaid may be able to. The system was designed with the expectation that those people WILL work more to become more successful and get OFF Medicaid. Those of us who are totally disabled will normally not be able to improve our situation in that manner. That stinks, but is due to our disabilities......and not the government's fault.

Oh how that made me laugh, Hope !

I'm glad that soccertese noticed/thanked your post. Like so many other issues regarding our disabilities and how important it is to find support, the frustration of dealing with a lawyer and feeling like you are more detail oriented than the lawyer who should be, can be a challenge. I hope that soccertese "gets" other people have felt the same frustration, but eventually did get the positive results they hoped for.

I just want to reiterate, if you want to change attorneys, it is in your best interest to have them release you. With the relatively low fees attorneys are dealing with, some will not touch you if they have to split a fee. Become a very high maintenance, very unhappy client, and you should get a signed release fairly quickly. At the very least, you should insist on an in office appointment with an attorney to discuss your Alleged Onset Date and any other concerns you may have.

hi, looking for more kindness from strangers
to summarize my case, had to prove disability from parkinson's diagnosed prior to 12/31/2012, diagnosis was 12/25/2001. i did everything wrong, waited until 2014 to file for ssdi, didn't see a neurologist in 2012, actually stopped working in 2011. so to say the least skimpy support in my medical records, avoided seeing my neurologist since i was paying for all my medical care for pd out of pocket, didn't want to risk letting my insco know i had pd since i had been self-employed, 1 person software company since my diagnosis. rarely saw my customers which were retail pharmacies, basically wrote/maintained their software and computer systems, i certainly didn't want to be making a living this way but my skills didn't prepare me for much else, i only programmed in a version of basic hardly used, had no networking/internet training and used an obsolete operating system, SCO UNIX, after my pd diagnosis i figured avg 5 years to disability, do i stick with what i know and ride it out until i become disabled - my customers were all getting old and close to retirement and were happy to stay with me even with my pd and the risk and i knew the job well - or try to find a new job after diagnosis with skills low in demand and pd? i was single and pretty much alone and decided to continue with the job i had done for the last 20 years, a sure thing.
anyway,
My attorney wants to appeal. My experience with this attorney was intake from paralegals, ssdi application was filed on my first visit, 1 hour attorney visit a month before my hearing and 1hour at the courthouse prior to my hearing. I was told that this firm had handled many pd cases but when it got to the hearing phase i was told they had never gotten this far with a pd case, not sure if this is true but i doubt many pd cases get this far or are as difficult as this one. I haven't discussed the judge's decision in detail with the attorney yet but here are the reasons for denying my claim, btw i'm 61.
1. since i had to prove disability prior to 12/31/2012, SS did not have me see their neuro. i assume though they had a neuro review my medical records because it was stated that i didn't take sinemet CR, a longer lasting version sinemet, prior to oct 2013, which wasn't true, i was taking that and another pd medication so i assume they missed that or my neuro didn't chart it, i have my pharmacy records to back that up.
2. my medical records did not show i complained of fatigue to neuro prior to 2013, i have notes that i did.
3. judge stated i was still qualified to work as a software engineer prior to 2013. i wasn't asked what i knew in terms of programming languages, operating systems, systems integration, i was asked could i install software on a pc, could i install memory in a pc.
4. i stated i avoided billing my pd medical expenses to my insurance company so they couldn't jack up my rates for a preexisting condition and that's why i saw my neuro so infrequently and my medical records were so skimpy, the judge for some reason didn't believe my insurance company didn't know i had pd. i found this strange he even mentioned it. it was almost like he thought i didn't have pd? i admit when well medicated i don't display any obvious symptoms and no medical professional or even layperson 'except my son has seen me unmedicated where i am obviously disabled, shuffle, poor concentration, just want to lay down. the judge referred to dr. notes after 2012, i wonder if it would help to get seen unmedicated to at least prove that i could currently be classified disabled, seems this judge doesn't even believe that?

So i guess i might have some grounds to appeal if i can add more supporting evidence to my medical records, especially my drug regime - to save money i got my neuro to prescribe large size strengths which cost less and i split but a casual observer wouldn't notice that so it looked like i was taking a low dose, there was some wording in the judges decision that he didn't believe current notes from my neuro and GP in 2014 that they thought i was currently disabled. i saw them both in 2014 for exams in preperation for applying for ssdi so they were more thorough than previous exams.

i guess my question is any advice prior to appealing? i certainly want my attorney to work with me more on reviewing my doctor's medical records and correcting them, i have never seen them which makes me wonder after the fact why my attorney didn't go over them with me since everything seemed to hinge on them. is there a snowball's chance in ... that i could win an appeal, does the appeals board suspect updated medical records? it seems even thinking of a new attorney would be a waste, who would even want such a non-winnable case? and finally, i think i should be much more active than i've been, more demanding, but i don't want to alienate my attorney nor beat a dead horse.

bottom line, i should have filed after i stopped working in 2012, i didn't because i hadn't filed my 2008-2012 tax returns and thought since i had OVERpaid estimated taxes i was ok on SS - had problem getting my SCHED D to match 1099's due to lots of penny stock trades in 2008, 2009 and needed to bring forward tax losses from year to year, if only i had just filed my other schedules, dumb!!! i of course did my own taxes, dumb. i overpaid my estimated taxes those years to be safe but there's a 3 year, 3month, 15day cuttoff to apply SS taxes to your acct, my income in 2009-2011 was too small to matter. maybe i could blame my stupid decision making to pd and living alone but i have nothing on my medical records on decreased mental capacity.

appreciate any specific advice. general advice in getting the most out of my attorney, i get the feeling since they are on contingency they work the hardest on the cases with the best chances of winning and just look at cases like mine as a money loser. could i offer to pay them for more effort? this is a legitimate large local firm.

Usually attorneys will have you sign a new fee agreement at the AC level since they can charge more. Have they agreed to do the appeal

If your symptoms are managed with medication, it doesn't really matter what you're like without meds.

Due to your age at the time of the Alleged Onset Date, the Grid Rules come into effect, but it doesn't look like that will even help.

http://www.ultimatedisabilityguide.com/grid_rules.html

Are you capable of managing ANY sedentary job making $1100 or month per month? Could you work as a customer service agent answering calls for example?

thanks for your reply LIT LOVE
i could do the work required for customer support, use a computer, talk on the phone, the question is how many hours a day could i do it? with my current med drug regime, i consistantly become mentally fatigued starting around 12pm and have to lay down for an hour, after which i still don't function mentally very well. i'd have to say that i would be worried about getting home from work, my medicine's affect is cancelled by eating any protein, at least for me, which also causes at times sudden "wearing off", that's the problem with parkinson's as you progress. i couldn't totally say it's impossible but i wouldn't hire me for a job where i had to think quickly, make small talk, troubleshoot customer problems, i even have trouble talking when my meds wear off. it's very jeckel/hyde. that's why i think i should have gotten an exam unmedicated, i don't look like i have pd and i think that the judge thought i currently am not disabled, how could i have been disabled in 2012?


i haven't signed a new agreement with the attorney.

just a question, since from the judges writeup it appears that the medical records they received from my neuro were incomplete as far as what medications i was prescribed and/or whomever SS hired to evaluate the records made a mistake and missed some critical medications. the judge specifically stated that my medical records showed a low use of medication, implying that if i had taken more of that medication or a longer lasting version i would have been more functional. since i have evidence from my pharmacy that i was taking getting regular refills prior to my SS EXPIRATION date of a drug the judge said i didn't start taking until 2013, after my expiration, i wonder what other omissions are in my neuro's medical records? so now i wonder why my lawyer didn't have me look at the records, i never saw them? i mentioned this a week ago and haven't had a response from the attorney but this seems absolutely critical. i doubt there is any chance we can go back to this judge with additional info? of course i'd like to be more demanding from this attorney, not sure if it's a case of the squeaky wheel gets the grease - he/she is just very busy - or it's just a hopeless case and she/he is just going thru the motions? obviously grasping at straws, but what an unfair system where you have to wait 5 months for a judges decision and find out there were errors/omissions in either your med/records or how SS officials interpreted them. and of course not sure if any of this really matters since no "smoking gun", i.e., no doctor/employer/etc. saying i wasn't able to do my job. i did give my attorney letters from customers stating they noticed some pd symptoms, moving slower, fatigue, softer voice but she did nothing with them plus letters from friends, family noting my progression.

It is your responsibility to make sure all your medical records are in your SS file. Is this something your attorney should have told you? Yes. But they often are very hands off. You should request a copy of the hearing from your attorney. It'll be either electronic or on a CD.

You do need an answer from your current attorney if s/he wants to continue representing you, because I would recommend interviewing new attorneys if not.

At this point, the attorney will be looking for a legal technicality in order to have the AC remand you back to the ALJ.

You probably do need need more medical documentation to eventually be approved.

Going in without having taken your meds is not the way to prove how low your function is. Making an appointment later in the day and keeping busy beforehand, would be more reasonable.

Undergoing a Functional Capacity Evaluation would be a good idea and then having your doctor use that to fill out a Residual Functional Capacity Form. In other words, you can't guess at how you'd perform, your doctor must document it and preferably have tests that will back him up.

thanks LIT LOVE

that's shocking that ssdi attorneys don't insist you look at your medical records. especially in my case where parkinson's diagnosis is confirmed by your response to medication and every book on parkinson's describes your inevitable progression in terms of your increasing need for increasing dosages and the need to add additional drugs. the fact that my records incorrectly indicated i was taking so little drugs and only 1 drug should have set off alarm bells with any lawyer familiar with parkinson's. this lawyer's law firm gave a presentation to my parkinson's support group so i just assumed he/she wouldn't have missed something so important to my case since i didn't have the usual exam by a ssdi doctor. i would have been better off not hiring them because i sure wouldn't have missed that little detail and i might have not have had to go to "trial".
and to have to wait 5 months after the hearing to find this out is like being in a bad dream when i could have corrected this if given the chance. of course the judge didn't bother to ask me about this, or maybe he did?

he/she wants to appeal, i asked the paralegal to see my medical records, i'm waiting to hear back if the attorney approved. no sense of urgency, they will file the appeal in may.
thanks for your advice.

You should be requesting copies of your medical records directly from all of your treating physicians yourself. You should also make doubly sure that you request the doctor's notes! Review your records & the doctors notes w/a fine tooth comb for any errors and/or misinformation!

That is not the way it goes. The attorney is WORKING FOR YOU, not the other way around. The attorney should be getting YOUR approval. Those are YOUR records, not the atty's. You should be reminding your atty of this.