advertisement
Reply
 
Thread Tools Display Modes
Old 04-02-2015, 05:22 PM #1
cooljjay cooljjay is offline
New Member
 
Join Date: Apr 2015
Location: Grand Canyon
Posts: 3
8 yr Member
cooljjay cooljjay is offline
New Member
 
Join Date: Apr 2015
Location: Grand Canyon
Posts: 3
8 yr Member
Default Odd Disability Hearing...

Lets see how I can summarize my life for everyone. I had my hearing 3mo's come may and I am going insane clawing at my mind attempt to figure out what is going to happen.

Awhile back I had a life changing event happen. I lost my partner to a police shooting and my home burnt down. This all happened before my eyes and needless to say I suffered severely mentally for this.

Before this incident and well since I was a wee lad I had psoriasis which turned into psoriatic arthritis which I had no idea was possible. After investigating a knee that I though I sprained I discovered I was riddled with bone cysts and other issues I have been having is all from that.

Well I managed to get by with this for a few years as I was selling on eBay and money was not so labor intensive to get. After I lost everything I ended up in a mental hospital and now the final diagnosis was/is Sever Mental Illness.

With that I decided I need to get disability because now I am screwed physically and mentally. I was denied the first time and then gave up. A case worker at the "mental heath" here which is a whole story on its own. I found an attorney, I was happy!!

It was time for the hearing and the attorney told me there would be a VE there for the arthritis. Well we go in and its a VE for the PTSD. He agreed that I was not fit for work and then the judge went onto question him about the arthritis. The VE would not comment on any of it as he was not the specialist.

Well the judge got upset and then turned to throwing out the PTSD diagnosis. He started to go through and READ news articles from google about the incident and tell me that "if" this didn't happen I wouldn't have PTSD. He was saying I caused it.

Here is the shocker!! My attorney made my disabled date over a year!! after that incident happened and was basing it on the Arthritis. Needless to say I had a episode in the court room where everyone in the SS Office heard me and even the security guards came to comfort me. OHH and my attorney also quoted from the ss doctors I seen that I was severely impaired by both conditions!!

My attorney asked to talk to the judge off record and I went out. My attorney told me just wait, don't worry and I would hear from the judge in 90 days...it then went down to 30 as we were leaving..

So here is my adventure with disability and I am only 30 years old! So as you can see I am nervous as hell! I gave up on attempting to get medical help in this town as even the rheumy doesn't understand the disease and I am sick of spending 30 mins when I see each being preached to about how I am obese and I need physical therapy.

I am trying to move on with my life, I have so many things I still want to do before I end up in a wheel chair but I get depressed as I have no way to get employment as my body is shot! So what do I do for income? I have a partner now but his walmart earnings isn't enough. Just the enbrel is 3000$ a month another reason I can't work I lose what little medical Arizona gives you and how can I afford that? I can't even do my ebay selling to make money as I don't have the energy to work more then a hour/two a day on house chores! OHH ANDDD In Arizona you have to be found disabled to get medical BUT that decision does not weigh on SS disability??

Suppose this turned into a "My Story" post then a asking for help. I always welcome comments/discussions....plus I suppose I must include I am a hidden epileptic and that clock is starting to tick faster...
cooljjay is offline   Reply With QuoteReply With Quote

advertisement
Old 04-02-2015, 09:43 PM #2
LIT LOVE LIT LOVE is offline
Magnate
 
Join Date: Mar 2010
Posts: 2,304
10 yr Member
LIT LOVE LIT LOVE is offline
Magnate
 
Join Date: Mar 2010
Posts: 2,304
10 yr Member
Default

Quote:
Originally Posted by cooljjay View Post
Lets see how I can summarize my life for everyone. I had my hearing 3mo's come may and I am going insane clawing at my mind attempt to figure out what is going to happen.

Awhile back I had a life changing event happen. I lost my partner to a police shooting and my home burnt down. This all happened before my eyes and needless to say I suffered severely mentally for this.

Before this incident and well since I was a wee lad I had psoriasis which turned into psoriatic arthritis which I had no idea was possible. After investigating a knee that I though I sprained I discovered I was riddled with bone cysts and other issues I have been having is all from that.

Well I managed to get by with this for a few years as I was selling on eBay and money was not so labor intensive to get. After I lost everything I ended up in a mental hospital and now the final diagnosis was/is Sever Mental Illness.

With that I decided I need to get disability because now I am screwed physically and mentally. I was denied the first time and then gave up. A case worker at the "mental heath" here which is a whole story on its own. I found an attorney, I was happy!!

It was time for the hearing and the attorney told me there would be a VE there for the arthritis. Well we go in and its a VE for the PTSD. He agreed that I was not fit for work and then the judge went onto question him about the arthritis. The VE would not comment on any of it as he was not the specialist.

Well the judge got upset and then turned to throwing out the PTSD diagnosis. He started to go through and READ news articles from google about the incident and tell me that "if" this didn't happen I wouldn't have PTSD. He was saying I caused it.

Here is the shocker!! My attorney made my disabled date over a year!! after that incident happened and was basing it on the Arthritis. Needless to say I had a episode in the court room where everyone in the SS Office heard me and even the security guards came to comfort me. OHH and my attorney also quoted from the ss doctors I seen that I was severely impaired by both conditions!!

My attorney asked to talk to the judge off record and I went out. My attorney told me just wait, don't worry and I would hear from the judge in 90 days...it then went down to 30 as we were leaving..

So here is my adventure with disability and I am only 30 years old! So as you can see I am nervous as hell! I gave up on attempting to get medical help in this town as even the rheumy doesn't understand the disease and I am sick of spending 30 mins when I see each being preached to about how I am obese and I need physical therapy.

I am trying to move on with my life, I have so many things I still want to do before I end up in a wheel chair but I get depressed as I have no way to get employment as my body is shot! So what do I do for income? I have a partner now but his walmart earnings isn't enough. Just the enbrel is 3000$ a month another reason I can't work I lose what little medical Arizona gives you and how can I afford that? I can't even do my ebay selling to make money as I don't have the energy to work more then a hour/two a day on house chores! OHH ANDDD In Arizona you have to be found disabled to get medical BUT that decision does not weigh on SS disability??

Suppose this turned into a "My Story" post then a asking for help. I always welcome comments/discussions....plus I suppose I must include I am a hidden epileptic and that clock is starting to tick faster...
Did you apply for SSDI and/or SSI?

Did you mean a Medical Expert or Vocational Expert?

Was there one application or two?

You would have chosen the Alleged Onset Date, not your attorney at the time of the first application. If you started a second application with the attorney, again you would have signed off on the AOD. Your attorney would have been limited to claiming an AOD after the first application was denied. If your claiming your attorney blindsided you at the ALJ hearing with an amended AOD, that can't really happen because you would have had to have signed paperwork with the new AOD. Depending on how active your sales on Ebay were, and the dates of those sales, that could have made a difference on your eligibility as well.

Regardless if you're approved or denied, you need to continue seeking both medical and psych treatment. If you're approved SS will review your case and if you're not continuing treatment and being compliant with suggested meds and therapy, your benefits will very likely be terminated. If you're denied, your continuing medical records will be examined if you continue to pursue a disability claim, and you will make approval less likely by not getting medical care.

States' standards for disability are not the same as SS. There are disabled people who are capable of working and don't qualify for SSI/SSDI. Heck--there are military vets that are rated out at 100% disabled by the VA that are denied SSDI. Eligibility for SSI and SSDI is based upon a complex medical/legal evaluation.

The ALJ will offer hypothetical RFCs to the VE during the hearing, and the VE will then say what jobs, if any, the claimant is capable of performing. Claimants often assume that when the VE says 'no jobs" after a given hypothetical that the RFC has already been decided, but this is incorrect. The ALJ actually sets the RFC rating after the hearing (unless s/he makes an On the Record decision).

It sounds like your attorney felt that you'll be approved. The timetable he gave you for the written decision was an estimate, so try not to worry if it takes longer.
LIT LOVE is offline   Reply With QuoteReply With Quote
"Thanks for this!" says:
Enna70 (04-03-2015)
Old 04-02-2015, 11:20 PM #3
cooljjay cooljjay is offline
New Member
 
Join Date: Apr 2015
Location: Grand Canyon
Posts: 3
8 yr Member
cooljjay cooljjay is offline
New Member
 
Join Date: Apr 2015
Location: Grand Canyon
Posts: 3
8 yr Member
Default

Quote:
Originally Posted by LIT LOVE View Post
Did you apply for SSDI and/or SSI?

Did you mean a Medical Expert or Vocational Expert?

Was there one application or two?

You would have chosen the Alleged Onset Date, not your attorney at the time of the first application. If you started a second application with the attorney, again you would have signed off on the AOD. Your attorney would have been limited to claiming an AOD after the first application was denied. If your claiming your attorney blindsided you at the ALJ hearing with an amended AOD, that can't really happen because you would have had to have signed paperwork with the new AOD. Depending on how active your sales on Ebay were, and the dates of those sales, that could have made a difference on your eligibility as well.

Regardless if you're approved or denied, you need to continue seeking both medical and psych treatment. If you're approved SS will review your case and if you're not continuing treatment and being compliant with suggested meds and therapy, your benefits will very likely be terminated. If you're denied, your continuing medical records will be examined if you continue to pursue a disability claim, and you will make approval less likely by not getting medical care.

States' standards for disability are not the same as SS. There are disabled people who are capable of working and don't qualify for SSI/SSDI. Heck--there are military vets that are rated out at 100% disabled by the VA that are denied SSDI. Eligibility for SSI and SSDI is based upon a complex medical/legal evaluation.

The ALJ will offer hypothetical RFCs to the VE during the hearing, and the VE will then say what jobs, if any, the claimant is capable of performing. Claimants often assume that when the VE says 'no jobs" after a given hypothetical that the RFC has already been decided, but this is incorrect. The ALJ actually sets the RFC rating after the hearing (unless s/he makes an On the Record decision).

It sounds like your attorney felt that you'll be approved. The timetable he gave you for the written decision was an estimate, so try not to worry if it takes longer.
Thanks for the response! It always makes me feel better to hear from others in the same pool.

Because I didn't work for so long I was unsure what to apply for but SS stated when I ask that if I was eligible for disability it wouldn't be called SSDI.

The first application was denied and I am not sure what the attorney did I would have to look back in paper work. I did sign the papers from the attorney to move my AOD.

What happened was that in Cali I had Kaiser, when I was forced to come out here I lost my medical it took me probably a year to get my medical restarted and the medication. In that time my body has gotten worse and I had finally found a counselor who had her own practice in PTSD and help me alot. I cannot remember the exact reason why he did it, but at the time before the hearing it all made since and so I went with his recommendation. I do truly like my attorney and this is why I don't want to bug him with to many questions. He said to me that he had three other clients that have the exact arthritis I do and they were awarded. I felt a huge sigh of relief as he actually knew what I am suffering from.

I know I want to get medical help so bad! In cali I had an amazing rehumy and because of the effects of enbrel and she couldn't believe how bad I was. I was tested regular to insure my blood work was fine and chest xrays done regularly. She even called me on her own personal time to make sure I was getting medical attention. Here I never get blood work, I can't get medication from my rehumy as they are 150 miles away and the other rehumys are 300 miles away one direction. The only good doctor I have is for pain management, and he is from Utah. My physiologist poisoned me with anti depressants as he didn't look into my medical record over a year I was experience horrible reactions to a medication he told me was safe.

I really want to get disability so I am able to move to missouri, the town I am looking at is right in the middle of two large cities and I know I could seek the medical help I need. That is my main reason for wanting disability so I can get professional medical help. My left knee is gone and I have been told by multiple specialist that there is nothing that can be done. I feel down the stairs about a month ago because my foot looked up and my knee couldn't support all my weight. I had no phone and though I was going to be stuck in the basement. It is very depressing to be 30 years old and having to face this. I used to be a landscaper and now I can't even maintain potted plants...

I think you are right, I just need to wait because I also feel that he believes I will be approved I am just nervous and really want to get better medical help before I can't walk anymore. PPS I hope we can all be mature and not bash me for grammar...I am not proof reading forum posts
cooljjay is offline   Reply With QuoteReply With Quote
Old 04-03-2015, 05:27 AM #4
LIT LOVE LIT LOVE is offline
Magnate
 
Join Date: Mar 2010
Posts: 2,304
10 yr Member
LIT LOVE LIT LOVE is offline
Magnate
 
Join Date: Mar 2010
Posts: 2,304
10 yr Member
Default

The grammar police doesn't reside here. There are NT members with cognitive issues, neurological issues and brain injuries, and it's expected that we be supportive of one another. I never know when I'm going to start swapping out words that are close, but not quite correct, so I tend to do lots of editing myself.

You should be aware that some states have monetary subsidies added to SSI beneficiaries' payments, different rules for programs like food stamps while collecting SSI and different rules for Medicare subsidies. If you're approved, you should research all those issues before moving.

When you wrote partner, does that mean you are living with a same sex partner? SS doesn't recognize either gay marriage or common law marriage of same sex couples, which for SSI recipients, so that his income and savings won't be counted as your resources (although this might change at some point).

You should not share any bank accounts with anyone. If after approval SS decides you need a Representative Payee, shoot me a pm and I'll hunt up a link on how your account should be set up. In fact, does SS have an account in just your name on file for direct deposit? It's not uncommon to receive a payment well before you receive the written approval. You wouldn't want to delay payment by not providing your account info.

You can get a cell phone that is subsidized by the government. Even having a loud whistle that you wear on a lanyard around your neck might be enough to attract attention if you're prone to falling. --I've fallen on my stairs over the years, and have learned that it is very important to always have one hand on the banister going both up and down. It can me the difference between a close call and a bad fall. Go as slowly as you need to and try turning sideways to see if that helps reduce any stress on your joints.

Even if you have to keep trying new doctors at sliding scale clinics, keep at it. SS can do a review in as little as one year after approval. They'll look back at one year's worth of records. After your long wait it would be a shame to have to go through a long form review which isn't fun or even lose your benefits. And, you never know, you might find someone that is really helpful. (BTW, why won't they do a knee replacement?)

If you've gained weight and need to exercise, try swimming! The YMCA has sliding scale memberships, and so I'm sure you could attend for free. Low impact yoga is worth checking out as well.

Best of luck.


Quote:
Originally Posted by cooljjay View Post
Thanks for the response! It always makes me feel better to hear from others in the same pool.

Because I didn't work for so long I was unsure what to apply for but SS stated when I ask that if I was eligible for disability it wouldn't be called SSDI.

The first application was denied and I am not sure what the attorney did I would have to look back in paper work. I did sign the papers from the attorney to move my AOD.

What happened was that in Cali I had Kaiser, when I was forced to come out here I lost my medical it took me probably a year to get my medical restarted and the medication. In that time my body has gotten worse and I had finally found a counselor who had her own practice in PTSD and help me alot. I cannot remember the exact reason why he did it, but at the time before the hearing it all made since and so I went with his recommendation. I do truly like my attorney and this is why I don't want to bug him with to many questions. He said to me that he had three other clients that have the exact arthritis I do and they were awarded. I felt a huge sigh of relief as he actually knew what I am suffering from.

I know I want to get medical help so bad! In cali I had an amazing rehumy and because of the effects of enbrel and she couldn't believe how bad I was. I was tested regular to insure my blood work was fine and chest xrays done regularly. She even called me on her own personal time to make sure I was getting medical attention. Here I never get blood work, I can't get medication from my rehumy as they are 150 miles away and the other rehumys are 300 miles away one direction. The only good doctor I have is for pain management, and he is from Utah. My physiologist poisoned me with anti depressants as he didn't look into my medical record over a year I was experience horrible reactions to a medication he told me was safe.

I really want to get disability so I am able to move to missouri, the town I am looking at is right in the middle of two large cities and I know I could seek the medical help I need. That is my main reason for wanting disability so I can get professional medical help. My left knee is gone and I have been told by multiple specialist that there is nothing that can be done. I feel down the stairs about a month ago because my foot looked up and my knee couldn't support all my weight. I had no phone and though I was going to be stuck in the basement. It is very depressing to be 30 years old and having to face this. I used to be a landscaper and now I can't even maintain potted plants...

I think you are right, I just need to wait because I also feel that he believes I will be approved I am just nervous and really want to get better medical help before I can't walk anymore. PPS I hope we can all be mature and not bash me for grammar...I am not proof reading forum posts
LIT LOVE is offline   Reply With QuoteReply With Quote
"Thanks for this!" says:
Enna70 (04-03-2015)
Old 04-03-2015, 02:06 PM #5
cooljjay cooljjay is offline
New Member
 
Join Date: Apr 2015
Location: Grand Canyon
Posts: 3
8 yr Member
cooljjay cooljjay is offline
New Member
 
Join Date: Apr 2015
Location: Grand Canyon
Posts: 3
8 yr Member
Default

Quote:
Originally Posted by LIT LOVE View Post
The grammar police doesn't reside here. There are NT members with cognitive issues, neurological issues and brain injuries, and it's expected that we be supportive of one another. I never know when I'm going to start swapping out words that are close, but not quite correct, so I tend to do lots of editing myself.

You should be aware that some states have monetary subsidies added to SSI beneficiaries' payments, different rules for programs like food stamps while collecting SSI and different rules for Medicare subsidies. If you're approved, you should research all those issues before moving.

When you wrote partner, does that mean you are living with a same sex partner? SS doesn't recognize either gay marriage or common law marriage of same sex couples, which for SSI recipients, so that his income and savings won't be counted as your resources (although this might change at some point).

You should not share any bank accounts with anyone. If after approval SS decides you need a Representative Payee, shoot me a pm and I'll hunt up a link on how your account should be set up. In fact, does SS have an account in just your name on file for direct deposit? It's not uncommon to receive a payment well before you receive the written approval. You wouldn't want to delay payment by not providing your account info.

You can get a cell phone that is subsidized by the government. Even having a loud whistle that you wear on a lanyard around your neck might be enough to attract attention if you're prone to falling. --I've fallen on my stairs over the years, and have learned that it is very important to always have one hand on the banister going both up and down. It can me the difference between a close call and a bad fall. Go as slowly as you need to and try turning sideways to see if that helps reduce any stress on your joints.

Even if you have to keep trying new doctors at sliding scale clinics, keep at it. SS can do a review in as little as one year after approval. They'll look back at one year's worth of records. After your long wait it would be a shame to have to go through a long form review which isn't fun or even lose your benefits. And, you never know, you might find someone that is really helpful. (BTW, why won't they do a knee replacement?)

If you've gained weight and need to exercise, try swimming! The YMCA has sliding scale memberships, and so I'm sure you could attend for free. Low impact yoga is worth checking out as well.

Best of luck.
That is great! I have stopped writing on many forums and just focus on my site*admin edit*because I just got sick of people policing the forums. I may be an 80's kid but I swear people these days are taking typed words to far. Its impossible to show any type of emotion while type or judge your reader. It is like people base the entire person now on one commit on a forum.

Arizona is a strange state, if I get on SS I get no benefits I even lose my medical for a year! I couldn't believe it. It is same sex but we have nothing on paper we just say we are brothers...its easier in this society but the media has outed me on a national scale

One thing I am never with out is a cell phone, with all the prepaid phones on the market know it is so cheap to keep a phone. I have heard about that phone program though, I am not sure if Arizona would have it. This place is so far behind the times. We live in a three story duplex including the basement. None of the stairs have railings, my mother fell on the front stairs and broke her shoulder. I installed a rail to the upstairs as I had a friend living with me who had exactly what I have and it was needed, sadly he passed 2 weeks Sunday. We found out hat railings aren't required in this town and there is 0 tenant laws.
I have the brackets for another hand rail but just need to purchase the rail, I just can't see doing anything else to this place. Right now our back door is held closed with a butter knife and we pay 750$ a month with no utilities included electric runs about 300$ a month. The sales tax here, is get this 10 1/2 %!! It was less in San Francisco and we also have food taxes and "junk" food taxes! I have to get out of here

I know! I need an actually doctor, we have I think 3 doctors for 8000 people plus all the navajo's on the reservation. At my doctors office, they had an issue with a doctor raping his patients so they became really strict. I was told I could no longer get pain medication from my doctor and had to see a utah doctor for pain medication....issue is Arizona insurance doesn't cover Utah doctors it took me two months to get pain medication again. I called one time with a serious issue and she said there was nothing they could do for me. If I go to the local hospital which is brand new they fly me to Phoenix! It was built to satisfy our tourism. I really wish I could get back with Kaiser. Right now I am about ready to pull my tooth with a pair of vise grips as the dentist here don't except insurance and if I were to buy insurance I would have to drive 150/300 miles for an appointment. This place doesn't help with depression at all!

I miss swimming, I had setup a salt water pool in my back yard in California to help with the skin and the arthritis. It was great! We have no pool here, it has been closed. We do have a huge lake but it is 15$ a car to get to and the only free place washed out and now it is a 3 mile hike I weigh 275 which is why I am told I am obese BUT they never look at my height I was 6'4" now I am around 6'1". Most of the weight is swelling. I remember when I went for the physical for SS the doctor measured my right side and had to do a retake as it was 3" bigger then the right. He personally wanted to send me to the er, I left with a list of things he wanted me to do to reduce swelling...but I still wasn't approved

Last edited by Chemar; 04-03-2015 at 02:20 PM. Reason: NeuroTalk guidelines
cooljjay is offline   Reply With QuoteReply With Quote
Old 04-04-2015, 11:05 AM #6
Janke Janke is offline
Member
 
Join Date: Sep 2008
Posts: 686
15 yr Member
Janke Janke is offline
Member
 
Join Date: Sep 2008
Posts: 686
15 yr Member
Default

When you wrote partner, does that mean you are living with a same sex partner? SS doesn't recognize either gay marriage or common law marriage of same sex couples, which for SSI recipients, so that his income and savings won't be counted as your resources (although this might change at some point).

The rules about SSA recognizing gay marriage are as complicated as the 50 different state laws that apply. So the answer is really "maybe" about gay marriage being recognized for SSI recipients. But there does have to be a ceremony somewhere.
Janke is offline   Reply With QuoteReply With Quote
"Thanks for this!" says:
LIT LOVE (04-04-2015)
Reply

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off


Similar Threads
Thread Thread Starter Forum Replies Last Post
Disability Hearing Experience Hellboy Bipolar Disorder 3 10-31-2014 05:14 PM
social security disability hearing koolkatzh Social Security Disability 16 01-07-2014 08:23 AM
FREAKED out about Disability Hearing lovefamilypets Reflex Sympathetic Dystrophy (RSD and CRPS) 8 07-11-2011 11:36 PM
Beginning the process of disability/disability retirement/SSdisability gramE Reflex Sympathetic Dystrophy (RSD and CRPS) 17 12-01-2010 02:02 AM


All times are GMT -5. The time now is 09:02 AM.

Powered by vBulletin • Copyright ©2000 - 2024, Jelsoft Enterprises Ltd.

vBulletin Optimisation provided by vB Optimise v2.7.1 (Lite) - vBulletin Mods & Addons Copyright © 2024 DragonByte Technologies Ltd.
 

NeuroTalk Forums

Helping support those with neurological and related conditions.

 

The material on this site is for informational purposes only,
and is not a substitute for medical advice, diagnosis or treatment
provided by a qualified health care provider.


Always consult your doctor before trying anything you read here.