To MC: Sounds like your on top of this issue.

One of the strategies I learned during this 4 year process was to get my Congressman involved and request a inquiry on why my claim had not been processed in a reasonable amount of time.

I gave my Congressman aid a copy of my Favorable Decision Letter and a one page cover letter. Your file is then stamped under congressional review so everyone who see your file knows that they are now under the microscope.

This is something you may want to think about as the SSA has already dropped the ball and the ALJ made a decision without reviewing all the medical records.

This strategy may help expedite your hearing date and will let the ALJ know that his work is under Congressional review and no longer behind closed doors. Making a decision on the record without reviewing all the medical evidence is not smart and I would use this error the ALJ made to my advantage.

You can also have your Attorney request a Decision on the record when you re file your medical records this may also help.

I would ask your Attorney if your disability meets one of the Social Security Listing in the SSA Blue Book ?

No fun being walked around the block when your disabled.

Hope these suggestions help and I hope you win.

Take care Jeffn

Just wanted to say I finally got a court date this month and was given a favorable decision from the judge. I had applied in 1999, denied, appealed in 2002, denied, appealed and in 2003 got a attorney. And finally after four years got my court hearing and won.
The advice given here is excellent. Be sure to keep up with your medical records and keep going at it as long as it takes. I have borrowed money to live on and had yard sales and hobbies money to help, but it has been a real struggle to deal with illnesses and depression caused by illness and not being able to work. I wish anyone going through this process the best of luck.

Thank you everyone for the great advice and encouragement.
I think I will write my congressman.Maybe that will also speed up the process
at the appeals council in Virginia.
I'm sorry for all the others that have been and are going through this.
Congrats again Allen and Jeff.Keep me in your thoughts.MC

I'm so glad to hear you've "won"...what you paid into!
Is rediculous the way they deny people who can't even stand or sit like normal people.

When I went before a judge after years of being turned down, the judge asked me questions...
I was terrified, nervous AND having bouts of diarrhea, had to excuse myself...
here I was on "trial"...and I'm running off to the toilet!
But what can you do?
SSI people sent me to a Fibromyalgia specialist for second opinons.
He's pretty well known here in my area and everyone loves him as his bedisde manners are the greatest.
HE's very thorough, attentive and takes time to answer your questions.
BUT...he felt I could do SOMETHING to do for work and wasn't favorable towards my getting SSI...
I was devastated by what he'd written as there was no way I could work!
My muscle and joint pain was reason enough, not to mention the fatigue and brain fog.
I was making near 6 figure income selling real estate, was a top selling agent until one day....sigh...
The intestintal pain and constant diarrhea controled how my day went on top of the fatigue and muscle pains.
Why would I NOT want to work? I loved my job and enjoyed every moment of working until I became too ill.
The judge looked directly into my eyes, then asked me what I thougth of the FM specialist...he asked me this
"Tell me about your visit, what did you think of him?"
How could I say otherwise...the FM guy WAS very nice and I really liked him!

So I told the truth, stating I'd found him to be very freindly, informative and understanding...
but I was confused and shocked that he thougth I could work when I'm so ill..
that I didn't think he understood the big picture of what my life has been and
there ARE days when I look somewhat normal and can pull off looking like a normal person for just a short time,
but no one see's me when behind closed doors.

I exclaimed that I've worked my entire life, began with helping my mother while she worked,
then as a teen worked every waking hour...that I was ALWAYS a hard worker, until I became ill overnite.
When I finished stating this...I really felt I was losing because I was honest in saying
the FM guy was very proffessional and knowledgable but I didn't agree with his findings.
The judge began mumbling something then banged his gavel on the desk.
I couldn't hear what he was saying and my attorney was whispering to me as he smiled.
Thinking the worst I had no idea what he'd said and was told it would be months of reveiw after this hearing...but was not my case.
The judge has said he found me to be 100% honest and agree'd with my Rheumatologist that I could not work
and decided right then and there in my favor! Unheard of as it always takes months of review AFTER this hearing!

So always be 100% honest even if you feel will hurt your case.
It paid off in my case.
The judges words were "I'm awarding you this because I find you to be totally honest"....
wow and I was afraid to speak the truth but I did.
If I had tried to discredit this guy...would have cost me everything.

Sadly...I've gotten much much worse and my health has continued to decline over the last few years.
I was hoping I'd "snap out of it" and be able to go back to work one day.
I loved my job...it defined who I was and being "on top" all the time boosted my self esteme.
Most days I can't even get out of bed now...but I thank God I have a loving and supportive husband.
I feel so bad for many of you who struggle and are turned down time after time and desperatly in need of this money you paid into.
You can only trust in God...put this in HIS hands as He will take care of you and provide all your needs.

I have the hope in a much better life here after and thats what helps me live with this pain 24/7....
A life that won't include pain or suffering ever again.
I know its not easy...life is not fair as long as we live on planet earth will always be this way.
Blessings, cheryl

Cheryl you are 100% right about being honest. I believe I won because the judge believed what I said, and the first judge I saw straight up called me a liar. So he didnt believe me at all. I really do think almost the whole decision is based on if the judge believes you or not.

I am so glad to hear you have won.

But I am sad to hear you have gotten worse. I too hoped for a bounce back, but alas, just getting worse also.

It was interesting reading about your work history. It is close to the way I grew up, and also in the way it ended. At a very young age I began work in my grandmothers restaurant, earning 25 cents a day. I complained about the low pay, but was told that it is a lot of money back in her day, and to learn how to save. I worked around my neighborhood weeding, mowing, etc, and even worked at a carwash for a time.

Worked my way up to the top of my field in casino's, and was enjoying a perk filled life until one day the doctor said oops. I also wouldnt have left my profession to chase after this measily income, I mean come on! The life we live now is sooooo much better

I do hope you get to feelin better

I applied for ssdi in August 2004 I finally had my hearing this past August I got fully favorable decision. I got denied twice before hearing the alj approved me at my hearing which my lawyer said was rarely done. I started receiving my monthly payments in October, but I still haven't received my backpay for some reason. I called ssa three times but still can't get my backpay. Has anyone else had trouble getting their backpay. Thank you

hi allen that is some great news for you.... it was a long hard battle or war for you ...and you came out a winner... it truly gives me hope that there is some justice in this world..congradulations!!!! moonstar
ps.. thanks for giving me something to smile about..

Hi moonstar,

Life is so much better with a little income coming in. I thought I was never gonna win, and wanted to give up sooo bad. But realize that giving up will only hurt me, not them. So I kept at it, and would have kept at it as long as it took.

Keep fightin!! There really is a light at the end of the tunnel even though you feel like it might be a million miles away.

Connus I am still waiting on the ssdi part of the backpay also. They are deducting the state disability I received back in 02/03. Even though they sent me an award letter that shows all of the deductions, and how much the backpay will be. They say they will send me another letter explaining in more detail, and will be followed by the actual backpay. I was kinda hopin they would get it to me by christmas, but I will just celebrate christmas, and every other thing needing celebrating when it finally arrives.

Good luck to all, keep at it, dont give up!!

Hope everyone has a merry christmas!

You are correct, LTD can (and often does) refuse benefits even if a person is collecting SSDI, as they each use their own criteria when deciding a claim.
They are supposed to factor in the weight/credibility of a favorable SSDI decision when deciding claims, but rarely do.

I've been on SSDI and LTD for many years now, my problem is that as soon as my dependent aged out from collecting off my SSD record (which in turn means the LTD carrier now has to pay much more) the carrier suddenly decides to cut me off regardless that my health situation is much worse than when I went on claim years ago, as well as very medically documented. Of course they deny the increase in benefit amount has anything to do with the denial which is common for them to do.

I've been through appeals (always successful and benefits reinstated) in the past always over some BS reason to cut me off, having done so, this time I'm no longer letting their delay tactics work and I'm currently in the process of a lawsuit in order to have benefits reinstated.
The appeal process is just something I no longer have any energy for, that's why my attorney is handling the matter for me.
It's a long story and one I can't get into due to my filing, but I will never let them win as that's what they are hoping for.

Please ignore the reply that I posted above, that reply was actually intended for another thread. Sorry it must be the meds