Denied 3rd time for disability...distraught!

So I had my hearing with the Judge in late August. I just got the denial after 4 months! The Judge didn't take hardly any of what my MS Specialist said in consideration. She went off all 3 idiot Drs in Az who wouldn't dx me plus the Dr who evaluated me for them.

What do I do now? Appeal again? I'm not even sure if they'll consider it. I am so upset. The Judge said I could do all kinds of things I can't do.

Anyone have any advice? Thanks!!
Ps-I live in Washington State.

Kristi

[maxthecat9196]

Oh Kristi, I am soo sorry!  I went through a lot of that too, but I did eventually win my case.  When I first applied, the person I spoke to on the phone told me to keep challenging the negative rulings.  If you know you are disabled, you can't give up.  Did you have a lawyer?  Did your MS specialist write a letter too?  

It's so discouraging, but you just can't let it go.  
Tammy

[heartfelt77]

Hello, I dont think we have met. My name is misty its nice to meet u.  If I were u I would appeal it.  I think I would also tell my attorney that I can prove that I can't do a lot of what this judge is saying that I can do.  Ask, your attorney if u can be seen by another doctor for an eval.  Whatever u do don't give up.  Because if u do then it will look like your just lazy or robbing the system basically.  Right, now they have u exactly where they want u. To just give up. But, don't do everything in your power to fight.  It's your right.  

I know a lot about this because I'm currently in a really bad workers comp ligation.  And, so thats what they want me to do.  I know my rights and I will not let them treat me like a number.  

It's also very important to remember u pay taxes into this. So, if something happens and u can't work. Your intialed to this.

I hope it works out for you.

Good luck...  Happy new year

Fight, fight, fight

Misty

[Starryeyes2]

Yes, I hired a firm. My Atty said she thought the judge would approve it. I am tired. Tired of almost 4 yrs of doing this. The letter says they might deny my appeal if I appeal for the 4th time? Or that the judge that made the decision could have my case again.

I'm literally reeling! (well I'm always reeling from the dizziness)

Kristi

[Sumanadevii]

Here is a website that tells you how to appeal

http://www.ssa.gov/appeals/hearing_process.html#time_limits

[heartfelt77]

I think they look at it if u keep appealing u must be really disabled if u give up it must not be that bad. Sometimes its can takes years before getting on ssd. It's sad to say but, that's how the system works.  U need a good attorney that's going to fight this for you. Not just sit in court without saying anything.

If your attorney does this I would reccomend getting a new one.

It can take a long time but, appeal it. And stand your ground. I know its very stressful but, u must fight for things that is rightfully yours.

Unless, ofcourse you are truly able to work. Then in that case I would say find something that is not very stress even if its answering phones.  Just an example.

I don't know your situation.  But, I believe ssd should only be given to those who truly can't work. And r really disabled.  Then in that case they must fight not only for yourself but, for others. I mean it sets a stage for others trying to get on ssd.  

I know how unfair the system is and I feel that its because people abuse it. Which in turn make it really hard for others.  So, another words they are distroying it for other people who truly r disabled and have to continue fighting because of these type of people.  I hope u understand what I'm saying and don't take this the wrong way.

I believe u said this is the third time you been denied.  I would look into another attorney that is also your right.

Hope this helps
Take care,
Misty

[teenyturner]

Goodness, it sounds hideous.  

I had the opposite problem.  I worked for the same company for 25 years and I fell over at work.  I didn't injure myself but I had to attend lots of meetings to try and prove I wouldn't fall again.  My neuro doc wrote a report saying I couldn't work and would never get better, so I was told that they wouldn't let me work anymore.  I was devastated.

I had to apply for disability.  When I went for my interview they already had my medical reports and the medical opinion of the welfare board doctors.  I was told at my interview that I was deemed %100 incapacitated and would be given a pension.  I asked if I could join their work or volunteer program for people with disabilities and I was told I wasn't allowed to work at all. I asked why I couldn't work for the pension and I was told I was deemed unsafe on my feet and if I fell over I could sue my employer!!! This would not be fair to the employer or me.  I was told that when I agreed to go into a wheelchair they might reconsider!!

My advice is to emphasis any balance issues you might have and the possibility of falling and injuring yourself.  This seems to be what they are afraid of.

I wish you all the best.

Regards

[Starryeyes2]

Thanks everyone for your input.
I applied the dirst 2 times on my own and was I should get an Atty the 3rd time.
I had to include the reports from all the Drs I had seen from the beginning. They were all incompetent which is why I came to WA to see the MS specialist who dx'd me.

I haven't been able to work since 2008 when my first symptoms started. I am extremely unbalanced, have fatigue(which the medications don't help with) and nerve pain.
I can't sit for very long because it hurts my knees and hips. I have to lay down a lot during the day.
The judge looked at the Disability Drs report who saw me all of 30 minutes and of course I know he is hired to find me totally healthy.

She admitted that she wasn't considering my Drs records who I have seen for several yrs.
I am going to fight this. I paid into the system and I deserve to get back what I paid in when I am completely unable to work.  

Last night I gave a disabled man in a wheelchair money because he was in need. He looked to have MS or Cerebral Palsy. He had a cardboard sign asking for help, his hands were curled up, his legs totally atrophied, and he couldn't talk well.
It occured to me that perhaps he has tried to get assistance and it's just not enough. He's out in the cold asking for help.

Anyway, I feel outraged at the way I got treated and I know others get the same treatment. I'm made to feel like I'm lying.
I'm considering getting a new Atty.

Thanks everyone for your advice!
Kristi

[Sumanadevii]

I am just curious.  I thought when you went before the judge it was considered an appeal.  Therefore, you should have been allowed witnesses to strengthen your case.  Were you aware of that or was your lawyer?  or do I have the next step...when the appeal goes further?

[Starryeyes2]

I had a witness of my friend who was helping me with dinner, cleaning n my kids. The judge put her spin on it and focused on that I can get myself cleaned n feed myself so there's nothing wrong w me.

She brought up that I went on vacation with my family almost 3 yrs ago to Disneyland. It was for my daughters graduation. I couldn't walk n had to be in a wheelchair for Disneyland and San Diego zoo. Anything we do has to be looked at in a specific way because of the MS.

This was my 3rd denial and 2nd appeal. My attys said they don't take anyones case that hadn't been denied already twice.

I'm thinking I will search for a new Atty. The girl who represented me was quite young and not the same person I signed on with. They switched me and put me with her.

I'm also going to call my Dr to let him know the decision and that I need all the current records showing how I walk etc.

Kristi

[Starryeyes2]

I should clarify- this was an appeal and where I had to go to court. The statement that was made saying that my friend helped w cleaning etc was paperwork filled out in 2009.

Many of these things were old and things have gotten worse since then. I am not aware if I was allowed to have a witness for me. They wouldn't let anyone in the courtroom except my Atty. My daughter, who helps me walk, had to wait outside.

Kristi

[rendean]

Kristi,

I am using a private company who handles all the seps and documentation on my road to a positive response. They call and check on you and eventually when the case gets to your 3rd &4th round, they use an attorney to represent you.

The fee for SS disability is set by the SS disabilty. However attorney can "nickel and dime " you to pay for records etc. My company set me up with this company and it has been wonderful. They only charge theallowed amount  whereas the attorney can bill you for paralegal time spent on your , copies of medical records, etc. I know this as a former paralegal.

If you are interested in the name of this company, PM me and I will share the information.

Either way , I wish you much luck in getting a succesful outcome. Mycase is up for review in front of the judge. I've got my fingers crossed it will be a favorable decision and I pass the same on to you!

Ren

[heartfelt77]

I think your making some great decisions....  Good luck with everything.

Take care,
Misty

[rendean]

Thank you! Sending wishes for a positive appeal!

Ren

[Sidesteps]

Kristi,

Keep fight girl. I don't know a lot about this but I want to send you a big hug.

(((HUGS)))

[Starryeyes2]

Thank you everyone! I hate that people don't understand this disease. They think I'm fine because I don't look sick. I feel this judge had her decision already figured out before I even sat down. She was very cold in her demeanor.

It's maddening too, that the disability Dr basically lied about my physical restrictions. He agreed with me the whole time I'm in his office about my symptoms. I didn't do well on my tests, I fell over when he had me close my eyes and stand, I couldn't keep my leg up when he pushed it down.

He saw how badly and swervy I walked and still came up with the fact that I can stand for 2 hrs and sit for 8. I waited 4 months for that judge to come to a decision, when they sd I would hear back within 3. She makes me wait all this time just to turn around and deny me.

I am resigned to keep fighting. This is not right.

Thank you again everyone!
Hugs
Kristi

[rendean]

Keep fighting! It may take awhile but it is worth it. When you are approved , the payment is retro back to your last day of work.

Ren