Since 1997

[outinlimbo]

What is the name of your state?What is the name of your state? Indiana

I have been fighting for disability. I have a rare blood disease as well as vasculitis. This requires elevation of my legs through out the day.

I have had to fight gaingrene on my left foot for a few years, healed now (bone sticks out of my toe). Now I have developed another ulcer on the same foot.

Been to court (hearing) in front of the judge 3 times now. As well each time he has had a vocationalist and specialist (not even a specialist in the right field). Each hearing my attorney has got the specialist/vocationalist to admit with my condition it totaly disables me.

The judge has his own agenda. I will tell you some about the most recent (within year and half) hearings. The one before last was more focused on my judge being the law, then the actual case. In court my attorney and the judge got in a little bit of a arguement. The judge would say Mr Smith "You agree with me dont you". Mr Smith would say "No" " And read more from documents from my specialist and physician. Again the judge would say "You agree with me Mr Smith". My attorney gave the same reply again and read more to him. Finaly the judge says "we can agree to one thing Mr Smith ,It doesnt matter rather you agree with me or not, I AM THE LAW HERE". The mood was set up before court though. My mother-in-law, wife and I arrived early. So we sat in the hall on the floor. When a gentlemen noticed I was in pain and offered to bring me a chair, I agreed to it. I sat in the chair and my mother-in-law and wife told me there was a rather large gentlement at the end of the hall staring nails through me. Then they finaly unlock the doors and we were able to get in when the baylof(sp?) said my judge through a fit because someone was sitting in a "CHAIR" in the hallway. And replied that he was going to be in one of those moods today. I have to ad this hearing took place because we got this judge reprimanded for the first one. He was suppose to take my specialist records over all others.

Not happy with that hearing (before a desicion) my attorney sat up another hearing. One that he would have the judge subpeona my physician. Well we goto this one and dont see my specialist. My attorney first ask where she is, the judge says its not within his power to subpeona her. Later in the trial my attorney ask again and the judge replies "It wasnt in the budget". On a third time he replies "It's not his job to help prove our case". Everything that was asked there would of been easily explained if my specialist was subpeoned(sp?). So the judge said that he would either write her or phone her. My attorney said to call her. So we received word he did phone my specialist. A visit to my specialist after this, she didnt have a great opinion of the judge.

Anyway in October I was denied again, I now await appeal. I'll add this, a vocationalist after one of the hearings said "With the stipulations the judge put on your client no one would be able to get disability".

Some of the reasons I was declined this last time are listed like this:

He watches tv
He admits he makes his own breakfast
He occasionaly visits his mother
As well he counts my doctor visits (I dont have to go on weekly visits as long as I do as I am told)
He also goes all out trying to get my specialist seen as a liar.
Also forgot to add that in court says he will not except anymore letters from my physicians.

So what do you do ? All the judges work in the same building, more the likely golf together so stick together, so I dont see naother judge in that building that would help.

 

[outinlimbo]

Here is the info

I went to the amount of hearings/hearing I could have then it was thrown out of SS. We then went out of SS to court. The court decided to reprimand the judge and WOW I won, I was excited. Then I found out all I won was it to go back to the SS judge, and that the SS judge was to take my specialist documents over all others.

That is where the first post goes off from. Now where I was declined again in October and now its in appeals I believe, I still havent heard anything (appeals) and this is June

I doubt I win in the appeals. So once again we will be outside SS to try a second time to win, so it can go back to SS judge. This SS judge though will not give me disability unless he is given no choice. He seems to have it out for me/Attorney/life/wife something. The man likes to belittle people, Id rather have a root canal then have to sit in the same room with him. My whole family aunts, uncles, mother, father. wife. kids so on call the judge Roy Bean. If you dont know that name , its a judge from the old west that was known as the hanging judge.

 

[bisto]

I just spoke to someone who knows more about this than me. He made a few points:

1. You state your specialist said you are disabled, but it is up to the disability evaluation Dept, appointed by SSA, if you are disabled. The way they determine if you disabled is to find out what you can & cannot do for yourself. Basically when you applied initially they should have asked you to fill out a form taht wold include these details - eg walk on your own, stand for 10mins etc. Basically if there is any job that you could do, you will denied disability. If you can sit on a production line filing boxes with your hands technically you are not disabled. The thing is they wont help get you a job, just you could do it.
Also they use your medical records. They have ailments that are disabilitating and ones that are not. You need to find out if your original ailments are included in the list that are considered disabling. If not you have a hard case.

2. You originally applied in 1997. Have you worsen since then. IS there new medical evidence available now that was not available when your first application was denied. In Califronia anyway, a denied case can reopened if there is new medical evidence from the first application. You must have been in hospital plenty of time in last 7 years. This would not have been known about in your original application.

3. Judges are people to. He may have something against you, your lawyer your family like you said. If this is case not sure what to do.

4. Is your lawyer fought disability cases before? I would look arround for health advocacy companies in your area that specialise in this type of case. Laws are totally different between states so it would have to be a local company.

So that's all I can say. I would find out how the disabilty evaluation dept see your ailments and I would try and push the medical evidence side. But that's about all I can suggest as I am no lawyer.
BUT DON"T GIVE UP - It can take longer than you have been waiting to get approved, but eventually if it is a legitimate claim you will be fine. One thing when you are approved payments are made back to your initial application date.

good luck

 

[outinlimbo]

ya

Legit or not I dont see it ever going through. The sad part is that its the wife and children that suffer as well.


On #1 I dont know if this is what your talking about or not.

They sent me to one of there so called specialist. He checked my pulse, had me move my arms and my legs. Also had me squat which at the time I did. Even though it was painful for me to do some of these things, I did them. He even checked out my feet which had blood clot streak on the bottom of my foot of 2" by 1" across. This was before the gaingrene set in. I had people tell me to go in falling down, stumbling whatever. I refuse to do these type of things. Even though during the time he had me do this stuff my foot went from a normal color to a bright red/purple this didnt get mentioned in his report. The blood clots were mentioned as a few knots on one foot. ALso the rare blood disease that I have was just discovered and its very rare, Doctor said something like less then 2% of the population would have.

On #2

I get gaingrene where "I cannot have surgery to remove it". There for I am put on a lot of bedrest. I cannot have sugery because the surgeon, specialist, physician have agreed that removal of it would not be beneficial. They believe that if they remove it that it will develope again where they left off at, and it would be on going until I lost a limb and there not sure it would stop at that point.

On #3

The judge definately has his own agenda.

On #4

My attorney has had a lot of other disaiblity cases.


I will add that the judge has had all 3 hearing a specialist and a vocationalist at each hearing. Each time both of these people have agreed with us. The last hearing the judge was going through a buy out dates (cant remember what they call it) where I was going to receive such amount on things. So my attorney was fairly happy thinking we had won on some stage. I told my attorney after the hearing that the judge will not do it, I was right.

 

[Whyte Noise]

My first question is...

Why would an ALJ subpoena a witness for you, when you and your attorney can bring in your own witnesses? I had mine with me when I went to my hearing. You don't have to subpoena anyone, you put them on a "witness list" for lack of a better term. When I went to my SSA hearing, I was asked in the waiting room if I had any witnesses that would be testifying on my behalf. I did, and my witness was in the hearing room with me throught the entire hearing.

Second... are you saying that you've had the same judge all 3 times? That's not how it works. You apply, get denied. File a reconsideration, if denied then, you go in front of the ALJ. If denied again, you file an appeal, which goes to the appeals council. If denied at that stage, you appeal it again, and it's then heard in Federal District court. If denied at that stage, you can then file a new application.

The consultative exam that SSA had you go to is one like many of us applicants have had to go to. You're with a person for 20 or 30 minutes, they do a few "tests", and then send their recommendations to the SSD office that's handling your case. They aren't experts by any means. Yet, many applicants are denied based on this 20 or 30 minute exam, even with the medical documentation that's in your file. Why? Becuase that's how the system is set up to work. 60 to 70% of applicants are denied on their initial application. Those are SSA's own figures. 9 times out of 10, the SSA doctor is going to say you aren't disabled. However, if... like in my own case... the SSA doctor even said I was unable to work, the SSD person handling your case is more than likely going to stamp it denied anyways. All my medical records reflected that I couldn't work, the SSA doctor agreed with those assessments and said I couldn't work, yet, I was denied. I didn't win until it was time for the ALJ hearing.

The ALJ is bound by SSA's rules on the evidence even though they are "independent" from SSA themselves. The rules state that a treating physician's medical records are to be given more weight than a consultative examiners report. Them's the rules. If the ALJ blatently disregarded this rule, then he comming a major faux pas.

Ahhh... the "He/She can do THIS" scenario. Sure, you can make your own breakfast in your own home... but could you make someone ELSES breakfast for an 8 hour workday 5 days a week? Being able to perform simple, routine tasks in your own home with aid if needed is NOT the same as being able to perform that same task at a Substantial Gainful Activity level in the workplace. Your attorney should have pushed this point HARD.

Tell me... do you have copies of the hearing tapes? If not, get them. Ask your attorney if he has them. The hearings are required to be recorded.

I don't know anything about your case other than what you've posted here, but as someone that's been through the process, I do have some advice to offer you:

1.) You never, EVER focus on the things you can do. You put the stress on the things you CAN'T do. To those that have never been through this, they might think you're trying to scam and get benefits you aren't due. That's not the case at all. SAA wants to know HOW this "disability" has affected your life. What could you do before that you no longer can? Now is NOT the time to suck it up and put on a brave face. You need to be honest and upfront about what you can't do. If you can't wipe your ass by yourself anymore, you tell them that no matter how embarassing it is for you.

2.) Make absolutely sure that your medical records are updated. This is imperative. Above, you mentioned something about the gangrene you have. Is that in your medical records that SSA has? Do they know how this limits you in your daily activities? If not, IT NEEDS TO BE PUT IN THERE!

3.) Don't ever give up. That's what they want you to do. They make the process so long and complicated that people just give up and say "Forget it, it's not worth it". The first time I filed and was denied, I did just that. I gave up. I figured oh well... they denied me. I re-filed again 3 years later because I hadn't gotten any better. It's been 2 years since then, and I was just approved myself.

4.) Educate yourself. Here is a wonderful website that I go to:

http://groups.msn.com/SocialSecurityDisabilityCoalition/general.msnw?action=get_threads

It's an MSN group and you do need a hotmail account to join and post, however you don't need one to just read. You will see that you are not alone in this, and that people all over the country have been through what you have.

I hope some of this helps and gives you a bit more insight.

And I'd really like to know about these 3 hearings in front of the same judge.

 

[outinlimbo]

hi

I have had the same judge all 3 times.

After the first hearing I was denied. We then took it to the federal court. We won there for it go back to ssi, the judge was reprimanded. We went back to ssi hearing in which we sat in front of the "same" judge. We then did not like how the hearing went so my attorney requested and was granted another hearing in which this time he asked my specialist be subpeoned (sp?).
As well this time we sat in front of the same judge. In the paper work ssi sent it says in it that if there is anyone that you wish to be at the hearing, that you can file this and send it and the judge wil subpeona the person/persons. We followed the letter to a "t" on the documents that was sent to us.

We do not focus on what I can do, My attorney disputes it. The judge however will sit up there and make up jobs. As well as he thinks the gaingrene is the disabling factor. When its actually the rare blood disease and vasculitis. My attorney has argued and showed documents on this fact until he is red in the face. As well as there specialist and vocationalist that are there agree with us. My specialist and physician have sent so many documents to them. My specialist is well known in the medical profession.She says she has done everything that she can possibly do. The only thing she hasnt done is resort drawing pictures in crayon for the judge.

Thanks for the website.

Update: I jsut called my lawyer/paralegal and requested copies of the transcripts form my hearings. He said he would copy and send them to me. However he doesnt think we have the 3rd transcript as of yet. If we dont he will get check into getting asap.

I also noticed on that website that some people are counting on there senators to help. They are in for a large disappointment. The senator has no actual power in decision. All they do is have there assistant assistant send in a form letter that is that exact sameone they send in for everyone else. Ive been through this as well.

It seems I have been through every human emotion through-out all of the process. Now I seem to hide from the world as a hermit. Not wishing to face anyone. The system has to change becuase for now its very humilating. In my experience so far it is made to make you feel less then a human being.

 

[Whyte Noise]

The people on there that send letters to congressmen/women and senators aren't asking for their help in the decision-making process.

There are people there that had an ALJ hearing MONTHS ago and still haven't heard anything. A Congressional Inquiry may speed the process up a bit, on getting the decision rendered. Or, it could speed up the process of getting in front of an ALJ for their hearing. Not change or influence the decision at all, just speed it up. Thats why they request a Congressional Inquiry into the status of their case. Folks there have lost their homes and more waiting on a hearing date from SSA. After 2 years of waiting, they write their congressperson and just ask them to request a status update, and sometimes the congressional rep. goes a tad bit further and may request a dire needs hearing on behalf of their constituant.

They aren't asking the senator or congressperson to influence the decision, only asking to help speed it up. That could be why your senator couldn't help. They have no authority to influence the decision made.

I agree, the system is set up to make you feel less than human. All the years we paid taxes into the fund and now when we need funds ourselves we have to jump through all their hoops and deal with all the bells and whistles they try to throw our way. Trust me, I'd much rather be able to work and make $2000 a month or so than sit on my ass and bring in my measley $364 a month SSD check. No one ever got rich off of collecting SSA disability, I guarantee you.