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Disability court date coming up

Hi everyone!

I got a letter from my attorney stating that my court date is scheduled for Aug 23rd. This has dragged on for more than 3 yrs. It is my 3rd time applying. This attorney wouldn't take a case unless 2 denials had happened.

I am very nervous to go. Does anyone know what happens in court? I sooo want this to pass. It's been awful not being able to work. I have felt so useless. I feel like if I was awarded this, I would be contributing to this household.

Anyway, if anyone can tell me what the judge will ask I would appreciate it!

Thanks so much!
Kristi
7 Responses
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1475492 tn?1332884167
I don't have experience with this. I'm just sending you my support. I hope this goes well for you. I had some ALJ hearings this last year as well (not for disability) for unemployment insurance issues. It was extremely stressful for me. I was a twitching mess.

Wishing you the best -
Helpful - 0
Avatar universal
I have been through what you are going through! I filed for SSD in 2008. My disability began on Sept. 21, 2007. I had a double orbital decompression surgery on both eyes. One month after my surgery, I was dx'd with ischemic optic neuropathy and was told that I could not lift over 40 lbs or I would go blind in my right eye.

Two months later, I was told that my disability checks were going to be ending from work, my insurance would end, and they were going to post my position (16 years) if i could not return to work within 3 months.... and then I started to have slurred speech that went on for 2 weeks.

I was so freaked out about all of this that I called the SSD office right away to set up my appt to file for it. I was 36 yrs. old at the time.
My first initial letter was denied. I got a lawyer and appealed. It took two years before I had my hearing with the Administrative Law Judge.

I was soooo nervous. He barely looked at me because he was looking at my "medical history" or whatever it was on the computer screen.  He was sitting at a conference table across from me. My lawyer answered some of the questions, and then I had to answer some. I was told to speak up, because they record the whole hearing. It lasted approx. 20 mins or so. I received my letter of approval two months later.

The reasons given for my approval were, impaired vision, bending lifting and driving restrictions, bulging discs in my neck, seizure disorder, anxiety and depression and social phobia

I just had my first year review and had to see the disability doctor. I know I failed miserably, especially the eye exam. But....... Believe it or not,,,,,, I was now denied. I honestly do not know how they can say that I have improved since last year, because I just went through another eye surgery and my eyes shifted again to the point that I have double vision in my straight ahead view. My eyes are worse, I have pain in my left eye now with movement, still have loss of vision in my right eye. At first the prism did not work for me, it just started to work but I still have problems when looking at objects far away because the image splits up when I am tired.

I have horrible fatigue, left hand tremor, and so on........ What a horrible process it is to get SSD and to keep it when you really need it. If I could go to work, I would be there tomorrow. I can't.

I hope this helped alittle, I don't even know if I answered your question, LOL Its late for me, and I am getting tired... lol

A Big Good Luck to you!!!!!!!!!!!!!!

Pam

Helpful - 0
1394601 tn?1328032308
I do know this.  Mr Uncle Sam knows exactly what we are doing and when.  If you are out shopping the malls, running to discount stores, or meeting with friends for luncheons and visiting.... Hell, they probably know what ballgames you went to and your last concert.  You can trust Uncle Sam knows before you walk into that court.  If you are living a full active life and ya ain't old age, they are tight with their money.

I was 59 and approved in two and a half months.  Why?  Age has a lot to do with it.  I hadn't driven (and not because I felt I couldn't but because my husband wouldn't allow it) for ten years.  I was well over concerts (unless my son was singing (opera) and the heat from ballgames of past years I no longer enjoyed.  I do think that younger people have to really push to get SSDI.  

I also agree that once you finally get into a court, they are more likely to finally approve it...young of age or not.  It not, it doesn't mean you can't begin the process again and gather more documentation.
Helpful - 0
Avatar universal
Thanks everyone!!
I got a SSDI attorney and if I am awarded this, I will have to pay them a certain amount not to exceed $6000? I am very nervous because I do try to hide this from people and I don't like anyone knowing I have this.

I believe it is thru the federal? It is based on how many hours I have worked in my life and the SS I paid in. I'm so bummed that my husband won't be able to go with me. He will be away on a military TDY.

I was affected by this disease it seems immediately. I haven't been able to work since Jan 2009 when I was in a training class for a job for a beautician and kept falling over. I tried to hide the fact that I couldn't walk straight and kept tipping over but eventually it became impossible to hide.

There's tons of fatigue, nerve pain, cognitive issues, etc... I know I don't need to tell any of you this. It's very sad for me to resign to the fact that I won't work again. It's kind of ironic that I used to complain that I had work tomorrow and now I would love to be part of the grind...be stuck in grid-lock 5 o'clock traffic. I miss it!

Well thanks again for the well wishes. I'm going to be a stressed out mess.

Kristi
Helpful - 0
562511 tn?1285904160
My experience with SSDI: I appeared before a commissioner with my attorney.  The opposing side sent a physician.  My "case" for disability was based on fatigue and pain.  

The commissioner asked me many questions.   My cognition failed me a few times.  It was embarrassing revealing personal info.  It was an informal court-like setting.  The physician sat, listened and reviewed my medical files. He asked questions too.

At the end I was asked if I wanted to make comment.  I said that I have worked since I was 16 years-old and would do so now if I could.  Poverty has never been my thing.  By that time I was blubbering and forgetting what I was saying mid-sentence.  I normally keep my symptoms and diagnosis private.  Here I was telling strangers details in a public way.  

The physician commented at the end to my benefit by stating that the medications used to relieve pain make the fatigue worse.  They asked why I didn't see another rheumatologist for my fibromyalgia.  I explained that I already had two separate extensive and expensive work-up by two already.  At one point, years before, my neurologist suggested that I see another rheumy to help me because he wasn't convinced that all my fatigue was due to MS.  I understand where he was coming from but the treatment is not much different from what I was already doing.

Expect to explain how MS has affected your life in a way that you can no longer work.  In their view, fatigue and pain doesn't necessarily mean I can't work  Not until they heard it in my own words.  Just tell it as it is.  

Don't get too nervous about it.  Once these cases get to court, most are approved.  With good reason, they are trying to weed out fraud.

Good luck.  

  
Helpful - 0
382218 tn?1341181487
Sorry I can't help either but am curious - what kind of disability insurance are you seeking - is this state or fed government benefits, or employer provided?

Hard not to be nervous I'm sure, but trust that your attorney is experienced and will guide you through ther process.  Good luck to you.
Helpful - 0
Avatar universal
Hey, Kristi. Can't help with your question, so instead I'll just wish you all the luck in the world with this process. Please let us know what happens.

ess
Helpful - 0

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