working,jobs,etc

Daisymay - my biggest mistake was NOT getting an attorney. Because I was on welfare while waiting for my disability, I just used a free attorney through SRS. BIG MISTAKE. I was 53 when I was denied the second time. She refused to appeal because she said I was in good shape, took care of myself (I had NEVER seen this woman) and had a college degree. I had to have a sedentary job, so she said I could always work in a convenience store!! Of course Step #1 is to have a doctor who supports you 100%. THAT is who will get your disability in the end. I was so lucky, my doctor never charged me for one letter or records or anything. Some doctors charge big bucks for this, and that is the one part you do have to pay your "real" attorney for; most attorneys - and I would suggest getting one that handles nothing but disability cases, they are known in the court system in your area and hopefully have a good relationship with the Judge's clerk.

My attorney asked me numerous questions when I first called. He, like all attorneys who are making a living, will only put forth time and effort if he's 99% sure you will win.  By the time I went to my lawyer, I had already been on Medicare for almost 2 years. A law was waiting to be signed saying that a person can only get Medicare for 2 years in their lifetime while awaiting a disability claim. I was over half way there and we hadn't even filed the appeal. The attorney told me to tell my doctor all my complaints each & every time I went. Very important. And, as the other poster stated, most claims are approved if your problems are both physical and mental. So don't feel embarrassed to tell your doctor about being depressed, anxious, etc.

I was sent to an MD and a psychologist. My little cockatiels would make little bite marks on my arms when I ignored them (they loved sitting on the toilet with me???). The shrink decided I was a self-abuser and a danger to myself. My doctor laughed about that one, but it helped. We had something like 25,000 people before us awaiting to see the Administrative Judge for the final hearing. Once my attorney called, all excited, and said his friend the Judge's clerk, was going to present my file to him due to the length of time I had already waited and I was trying to live on that big $197 check I got from Medicid. Which came off the top of my settlement before I even saw the money! Apparently the Judge was new, and refused to sign it. Sooo, back to waiting. Finally in January, almost 3 years since the last day I worked, we had the hearing. Apparently a doctor calls in for SSDI, he has all your records, etc. My attorney had my doc write a final letter telling about how I was doing physically at that time. The other important item was that the doc had to verify that I would miss at least 4 days of work per month. I was not allowed to be at that part of the hearing.

My lawyer came out and said the doctor agreed 100%, was extremely complimentary on the records the doctor (it was really my wonderful PA) kept and letters he received. He said my disability should be put back to the last day I worked, almost 3 years of back disability. This judge, again, despite the doctors decision, had to have a hearing. He was a little senile, I think, and concentrated more on the fact that Fred MacMurray's wife went to the same college I did. I came out feeling all was lost.  My attorney said he was 99.9% positive all was okay. And sure enough, the judge signed the papers just 3 days later. Some had to wait 6-8 months before a decision was made.

Anyway, the attorney's fee had to be approved by the judge and it is a standard percentage up to a certain amount. Because my settlement was so large, he didn't even get the full percentage. But he was a wonderful man, always took my calls, allowed me to cry on the phone, you name it. In fact, he phoned me before the money came in and asked me to do a commercial with him, which is still playing some 3 years now. Of course I get no royalties, but it's still fun to turn on the TV and see my mug on there.

So don't you give up, okay?? It can happen. I was so sure I would never, ever get mine I had started trying to think what jobs I could work. Oh, the on thing my attorney did tell me the day before the hearing when I saw him to discuss what to say & what NOT to say, he told me to remember it wasn't a job interview, that I didn't want them to see how I looked with make-up (I have chronic disease anemia and am always pale along with liver disease which makes me yellow too--gee a rainbow LOL). His final words to me were that on the day of my hearing I should be the shortest and fattest I ever was.

After we did the commercial, he took me and my friend who had driven me the 40 mile trip to the Federal building to lunch, then gave me a hug and $20 for the gas.

So the big thing is, find an attorney who handles only SSDI cases, one that you have faith in immediately, and one who listens to what you say. Oh, and someone who takes your phone calls or returns them ASAP if he's in court. Mine was good looking and that didn't hurt one bit either.

You can be sure I'll keep you in my thoughts and prayers. I know what a scary road ahead it was for me. I hated having my son pay my rent, begging rides, begging to use someone's phone, you name it. If I can answer any questions, please feel free to send a post to me.

All my best, Char

After using Legal Aid and going as far as they would go I talked to one lawyer that would not take my case. I am all the way at the end where you have to go to the supreme court.  I can only apply for ss not  ssi  because I have a house and a husband who works. The income is low enough to qualify for Legal Aid. I don't think a lawyer we take the case now that it is at the end and final place. I  do not know how to find a lawyer that will help me now.  Thanks for sharing your case. I wish I had everything to do over again.  I really thought if you were sick and in pain and couldn't work you would get approved.  Even after I got declined and had to try again. The system really is not fair. Thanks again.  Have a good day.  Daisymay

Daiseymay, I am so sorry. Don't ever give up though. It may be your age that is the problem. You don't mention how old you are, but the closer you get to 55, the easier it will become. I know that's not much to look forward to, but it is something.

Keep doing exactly as everyone mentioned. Be sure your physician documents every time your problems get worse. I remember the first time they sent me to a physician (the SSDI folks), the doc asked me to walk on my toes and on my heals. At that time, I could do both. By the time I got a real lawyer, not the pre-law students that legal aide uses, I could do neither. Then my liver went bad.

I certainly don't wish that your condition worsens over the next few years, but unfortunately that is life with chronic pain and whatever is causing it.  There are more than just that one lawyer out there that you spoke too. You can always try another.

I wish you the very best. Again, I'm so sorry things are going so badly for you.

Char

I understand your circumstance.  I am going on 3 years not working, and was turned down for ss last nov 07.   What is so strange is that the vocational officer was in the room, and told the judge I could not work an 8 hour day.   The judge turned me down.  I think it was the fibromyalgia 'diagnosis,  since ya can't test for it like with blood work or with xrays.  oh well..will keep appealing until I starve to death or lose my house and die of exposure.  I did have a disabilty group helping me, but they changed my case manager so many times..no one knew what the other had done. 

I wish the people that make the decisions would get fibromyalgia and then try to work. they would know what it is like to be in pain, not sleep, and be exhausted. worse than having the flu, mono, and a getting beat up all at the same time. I do not know how people with one problem get approved. to me this has been hell. being sick is terrible  but being sick and poor sucks. I have to worry about Dr. bills, tests, medicine,other bills and how all this affects my family. It's enough to make you sick (pun intended :), ha. not funny but try not to make all this make me crazy.  everything has been a fight and a struggle. go to a lawyer that knows how to play their stupid game. I went to Legal aid...they did not care and did not help. I was stupid and did not know any better.  My Rhumatologist was the pits.  Worse than the pits.  He did not care either and did nothing for me. He was a waste of time and money. DId not want to give me medicine, no suggestions on exercises or anything to help with the pain. I think social security waits for you to give up or die. When I call there I get different info everytime and I do not think anyone there knows what they are talking about.  also everything takes so long it is rediculous. Go to a lawyer.  Try to find someone else that was approved and go to their lawyer. I am not going to get soc sec  cause I waited to file thinking I would be cured or get better and go back to work.  Then soc sec took a long time with each step and drug it out and wasted time. now my time has about run out. I hope I can help you and others learn from my mistakes. I stupidly thought sincee I was really sick I would be approved.  good luck  keep in touch  daisymay