Talked to SS directly on Thursday.

Found out my case isn't even assigned to writing yet! I asked if I should still be sending up to date info. She said it is up to me, its my case and the judge hadn't made a ruling. She said they have 120 days from when the last information the ALJ requested was received(which is 4/3).

I called my PM doctor and asked him to write a letter (a rebuttal of sorts to the ME opinion) He is supposed to include clarification as to my limitations and why I can't work. As well as information on needing to nap, concentration issues, depression and anxiety. He was writing it and faxing it over yesterday. I figure it can't hurt, right?!

Hi,

Have you heard any news on your case yet?

I had a similar thing happen at my hearing yesterday and was just wondering if you were approved. I sure hope so.

Nope...STILL waiting!!

This is of considerable concern to me, how old are you? If you're under fifty, an RFC of sedentary will very likely result in a denial of your claim! If over fifty its not quite so negative. If under fifty you need an RFC of "less then sedentary" to prevail. Your primary doctors medical files need to substantiate a claim of less then sedentary, meaning they need to reflect an ongoing treatment protocol and detailed documentation along with subjective medical testing supporting such a claim.

I got my decision. I'll write more later when I am up to it.

I got partially favorable closed decision. The ALJ agreed with onset date of September 2011, but closed the decision March 16, 2014. (Apparently I had a miraculous recovery). Mind you this is when the ME who she had review my records returned their decisions.

Hopefully I will feel up to writing more later today.

Hmmm

I don't know what to make of this update fbodgrl. Hope you feel better soon. Update us when you can.

That happened to me. You have a choice of appealing the decision--which could mean you potentially even lose the closed period award. Or, you can start a new claim with a new Alleged Onset Date after you were deemed able to work so long as you are still insured. LTD can try and hold a denial against you, so it might be safer to just appeal the original decision...so speak with a LTD attorney before moving forward (if your LTD policy switched to "any job" after two years, they might use SS's ruling that you can do sedentary work to cease your LTD claim, Erisa claims are apparently particularly brutal.)

BTW, I'm not sure Medicare is actually cheaper than regular insurance, when you factor in parts B & D, and a supplement.

This is unfortunately quite true, for many reasons, not the least of which being that no qualified attorney will take such a case on contingency, you must meet their retainer. Few can meet such an obligation, thus, many legitimate claims are simply left to die on the vine. There are few laws on the books more "Orwellian" then ERISA, which really has nothing to do with safeguarding its namesakes.

Sorry it took me a bit to respond. Mentally things have been crazy for me since finding out about the decision.

I went to an independent attorney to discuss the case with him versus the advocate that the LTD company has been paying to handle my case.

I'll start by saying I have decided to accept the decision and file a new claim for the time after the closed period the ALJ gave. It isn't worth it for me to fight it through the appeals council with the chances of losing being so high. No reason to wait all the time for that hearing. I think the time is better spent starting a new claim. The attorney did say that procedurally the ALJ did make some errors. He also said that the way the whole thing was handled was quite unusual.

I have to get over wanting to fight it...which is really because the ALJ was wrong and it makes me SO angry! It is better to start the new claim. Hope it doesn't get denied and if it does I have better representation now. He gave me a lot of ideas on what my doctors need to be documenting, etc. My Rheumatologist has me sending him a letter ( that he won't be putting with my records) documenting symptoms, side effects of my medications, what I can and can't do, etc. So he can better document his records, forms and letters for SSDI. I've also discussed with my pain management doctor what he needs to document better. He as a habit of concentrating on only the RSD in the left arm and not documenting other things like the tendinitis in my right arm, trigger finger on that hand and the fact I can't do repetitive tasks with that arm because of those things. Along with other problems. I also started seeing a chronic pain counselor. My pain doctor has me on Cymbalta and Valium already, but as things go on we may decide to see the Psychiatrist in the practice to add/change medication.

My LTD will be cutting me off as of September 28. The claims associate I deal with said if I get approved for SSDI after that date she would consider reopening my claim(Which would pay me $400 and some odd dollars until retirement age) My feeling is that won't happen. They have an out to not pay me for the next 40+ years and I'm sure they will take it.


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