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My appeal was denied

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Posted 11/1/2010 9:51 PM (GMT 0)
So, I got a letter in the mail from Social Security today. They denied my appeal. I was hoping they would approve me. Now, they want me to file another appeal and go before a judge. I don't know if I could handle that. If I walk into that courtroom or whatever room it would be, a judge is going to see a healthy looking 22 year old woman. He's not going to be able to read the pain in my eyes or my stance. He's not going to see what's behind my looks. No wonder they call this the invisible illness. I just don't know what to do. I don't think I am going to go through with it. I think I am just going to wait a couple more years and see if more proof can be brought forth. I don't think I could handle going before a judge and having them run me through the ringer, turning my life inside out.

Any advice? Has anyone else here gone through this?

Posted 11/1/2010 10:06 PM (GMT 0)
So sorry, Sassy. Dang, that's what I'm afraid of myself (thinking of applying, too) although I'm starting to realize when I look at pictures, I don't look all that healthy anymore...did for a long time.

I wish I could give you some good advice. I'm sure others will.

Debbie
Posted 11/1/2010 10:59 PM (GMT 0)
Not sure if it's different in different states but I live in FL and a friend of mine filed for disability and when it went before the judge, her lawyer was the only one physically present on her behalf. She was awarded disability for lupus and fibromyalgia. My case is supposed to be heard before December 2011. I will know by then if it has changed.
Posted 11/1/2010 11:39 PM (GMT 0)
 

Hello Sassymykitty:

Hang in their if you have a lawyer it will be a breeaze going in front of a judge! I just went through this in Sept 2009 in NC, i went before a judge with my lawyer and it was not in a big courtroom. The judgement will take place in a small closed door room with judge at the end of a table and medical doctors to confirm your medical history and your areas that you are disabled in.  I won my benefits that day and it was as if god was sitting in the room with me i could feel a relaxed feeling that i have not felt in 3 or 4 years.

Wish you the best of luck! (P.S. I was only 39 years old when i won my case)

God Bless, Carrrie

Posted 11/2/2010 12:57 AM (GMT 0)
Sassymykitty, when my husband went in with the judge, it is like Carrie posted. We did not have a dr there, but there was a jobs speicalist there and he testified that he did not know of any jobs my husband could preform with all of his documented problems. My husband had to testify and the lawyer was there for assist.. My husband looked to me for a date he could not remember and the judge reminded me that I could not help answer any questions since I was just there for moral support.

When we went, I did not allow my husband to take any of his meds. This way the judge could see how bad he is on normal days. We were told we were granted the disability that day.

I have heard of cases where you do not get the verdict until later, but thankfully we were spared that wait.

Don't give up. Just keep updating your file with the information for every dr visit and any changes he/she makes to your medications listing. Send all of the updates to your lawyer and they will forward them to the SS court.
Posted 11/2/2010 6:20 AM (GMT 0)
Hi SassyMyKitty

Can I just say that you need to keep copies of all relevant paperwork relating to all illneses that you may suffer from. In other words keep a dosier on your health as this will come in handy whenever you have a tribunal or have to see a judge.
Best wishes
Runckle
Posted 11/2/2010 4:07 PM (GMT 0)
I just don't know if I can go through with this. I mean, I have the name of a good lawyer. I haven't contacted him yet. The only real doctor's visits I have unless I am really sick are the monthly appointments for my med refills. I go, the doc asks me how I feel, I usually say I feel like crap, he gives me my scripts, and I am out of there. I haven't been to a therapist in almost a year, and now, I don't have the time. My husband is a full-time student, my son has school and evaluations coming up, I have appointments, and it's all so hectic. It wouldn't be as bad if I had my own car, but we only have one vehicle. So. There goes that. Maybe if I were 30 and had a slightly bigger work history I could get it, but I just have no peace about this. My mom says that if I have no peace about it, then I shouldn't do it. She told me that if her husband had to go before a judge to get his, then they wouldn't have gone through with it. But, mental is a lot easier to get disability for than physical, and the SS office only goes back a couple of years. If they went through my entire history, then getting it wouldn't even be an issue.
Posted 11/2/2010 4:43 PM (GMT 0)
You have to remember that this is what these people want you to do. Don't. Once you have been in front of a judge whom is a fellow human being, it will be all over as they have to accept you for what you are. A sufferer!
Posted 11/2/2010 4:52 PM (GMT 0)
Clive is right, thats exactly what they want you to do, give up!! If you feel you can no longer work due to your pain, then keep fighting for yourself. I have Crohns Disease, Fibromyalgia and Osteoarthritis, have had 15 surgeries to date, I have not applied yet, but can feel the time is getting closer and closer. Please keep fighting, you will win, don't give up on yourself and your rights! Hugs!
Posted 11/2/2010 6:06 PM (GMT 0)
 

 

Hi SassyMyKitty,

 

I just applied for the first time in August, and it sure is a tough process.  I do agree with the others here. They do all they can to get people to give up.

 

If you do not mind my asking, are you filing for anything else besides fibro? I ask this because I read on disabilitysecrets.com ( if you have not checked it out it has some very good info & tips) that it can be easier if your dealing with something else besides fibro.  I sure do not think this should be the case, as we all know here, fibro can be a very dibilatating illness all by itself.

 

I hope and pray it all works out for you.

 

Blessings

Debbie

Posted 11/2/2010 7:35 PM (GMT 0)
Sorry to hear your appeal was turned down.

You have 60 days I think to appeal for an ALJ hearing.  There's no reason to wait - you're going to have a year  and a half or maybe longer to develop the appeal.  From the Allsup website:

"Approximately 63 percent of second appeals are awarded to the applicant. The SSA estimates the average time spent at this level was 491 days in 2009. If a disability hearing ends in another denial, the decision can be appealed again."

There are functional capacity forms your Drs can fill out, and there are even tests that simulate a work environment to see what you can actually do.

Probably best to get help from a lawyer or an advocacy firm (my insurance had me use Allsup, but there are others too).  Their fee is fixed by SSA limits and you only pay if you win. 

No reason to put things off when you're going to have to wait so long for an ALJ hearing anyways. 

edit - a suggestion is start keeping pain journal.  there are several examples on the fibro 101 sticky.  It would be very helpful so the ALJ has  an idea of what your day-to-day struggles are like,

 

Post Edited (Agmaar) : 11/2/2010 1:39:55 PM (GMT-6)

Posted 11/3/2010 3:05 PM (GMT 0)
I appreciate all the support from you guys. I have dealt with depression since I was about 13. But they aren't looking back that far. They are only going back two years. And I have learned how to deal with most of my depression since I first started dealing with it. I know that they want me to give up on this. I know that. But they just keep saying that pain isn't a good enough reason to approve me. And I don't have enough mental health records for the past two years apparently to prove that my depression can be disabling as well. I have some time. I think I will talk to my doctor about this when I see him in two weeks. Maybe his advice will help. But, the thing is....I'm only 22. The SS people think I need to keep working. It doesn't matter if I am in pain. They don't get what it is like. And it's not like I can give them my pain for a week to show them what it is like to live with this. And I can't say that I am in so much pain that I have a hard time cleaning my house. That would only get CPS sent out to my house. I mean, my dishes desperately need to be done, but I wouldn't let my son live in filth. But it is a struggle just to pick up my son's toys. But they don't understand that. They would portray me as being lazy. I really do appreciate all the support I receive here. You guys are the best. I couldn't ask for better friends.
Posted 11/3/2010 3:30 PM (GMT 0)
These guys are right, they want you to give up. Go before the judge. And even if you are denied, you can appeal again. You wont have to go to court again either, there is a board that reads your appeal. Don't be afraid. It is a small room with a table, not a court room. There will be the administrative judge, also the guy the sees what work you could do, I can't remember what they call him. Plus your lawyer. It will be taped, there are microphones there. But it isn't as scarey as you think it is. Like was said before, they want you to give up. Please try to go through with this, it could be your ticket home. Don't be chipper, let them know that you are in pain. Be honest above all. And when they ask you something, they are comparing it to an eight hour day at work. So keep that in mind. You are right though, they don't get what it is like. We live with this every day. Tell them that.

Best wishes.

Hugs, Karen
Posted 11/3/2010 5:20 PM (GMT 0)
Sassy, you need to just do it! I know it's stressful...but you need to get through this and then everything will be fine! Think about how much easier you will live afterwards when they approve your disability. Of course they are denying it...they want you to give up, they save money!! My understnding is they deny everyone unless you are on your deathbed. It's just the process. Be strong!!

Hugs,
Krista
Posted 11/3/2010 8:46 PM (GMT 0)
I went through this same thing and I am relatively young (37). What helped me the most was that I had alot of stuff documented because I had seen a ton of doctors (rheumy, psychiatrist, pain doc, therapist) but the most helpful was something called a disability doctor. He checked me out from head to toe and did all sorts of tests, documented what he found I couldnt do and wrote a summary of all the things wrong (he found alot of pinched nerves which to them, supported mt claim of chronic pain).
I would highly suggest anyone who is going through this to 1) get a good lawyer and 2) see a disability doctor. It could be a one stop visit for you and you could get all the evidence that it sounds like you are lacking!
Good luck!
Posted 11/4/2010 11:32 AM (GMT 0)
This is true~~ I myself am waiting on an answer. I am so scared the judge will say no. I was so sick with what i thought might have been the flu. the judge i had was a mean guy, so my lawyer warned me... I wasn't intimidated!! My husbands just as miserable!! lol! But the guy that is there for what work i can do said my testimony substanciated the evidence. i have a lower advanced degenerative disc disease, scoliosis, spondylitis and impingments. and all that apply ( see below). with all that said. I am praying every day that they understand the difficulty in everyday life and working. I is so hard! I have worked since the year 2000. That is when my life took a turn in a downward spiral. Working was hard then..and every year after just kept getting worse. Until, my boss 2 years ago saw the difficulty I was having in performing accurately. So, they let me go. Was the most humiliating day of my life! :( I can't go through that again. I know i have memory issues and that in itself was part of the reason they let me go.
So, I tried for as long as i could to work...it just isn't the same as it was before.

I understand the apprehension, but I really think you should go for the appeal.. If i can do it.. anyone can!!! Trust me. I am a baby... Good luck, Laura <3
Posted 11/4/2010 11:58 AM (GMT 0)
@ Sassymykitty...
The problem with this situation is that it's easy for any lazy person to say they have got Fy and get sickness benefit for a certain amount of time and get away with it. Your situation needs you to keep a dossier on everything that happens to you as this will become the only defence you have. Mine goes back nearly 20 years and I'm still fighting my corner every now and again due to change of Government legislature. You need to resign yourself to the fact that this is the only way of getting the SS to listen to you. It makes me terribly angry, frustrated, and feelings of worthlessness to have to go through the same process every few years. I'm sorry about this but, you must realize that this is your only cause of action. Fight the cause and win! It makes you feel that they have listened for once.
And, if you could prove that you have severe depression this will help as well. I have an understanding with my Phsychiatrist that if I have to go to see the SS he will support me with my situation. It helps...

Dossier.. Every Dr, Hospital, Specialist appointment. Details of previous appeals. Everything that is relevant to your health...

@ Gonuts...
I have been let go from 3 jobs all because of my memory and Fy. The SS will always get you back into work if they can. Which is fair enough when your a lazy bathplug but, when you have tried several times it's a bit stupid for people to go to work when they will definitly get the boot! Fight your corner and forget the trouble that comes with it. It's a fifty-fifty, Heads or Tails thing.

Post Edited (Runckle) : 11/4/2010 6:23:00 AM (GMT-6)

Posted 11/4/2010 2:41 PM (GMT 0)
 

 

 Hello sassymykitty:

 

This is another post from me on this subject. I worked from the age of 16 til i was 36 before i was struck with this fibro/depression and it was the worst day of my life . I went from working over 40 hrs a week, going to the gym to workout, take care of my family at the time which was a teenage stepson who was and is very rebellious!! I now am 40 yrs old and taking care of a 20 month old who brought me out of the fog that i had been living in for so many years!! I tried very hard to work for three years after the diagnosis, but i was making alot of computer errors, and missing alot of days due to the illness. I have never been one to give up on anything, but this disease took a part of me that i am trying so hard to get back and become the hard working woman that i have always been. I would go before the judge and explain what this disease has done to your life. I had a mean grumppy judge, i did begin to cry on ocassion and he would ask did we need to take a recess and i would say no. If i took a recess then they would have went on to the next case and i would have to start all over again, so hold in their and be strong when you are in front of the judge. Sassy you will have plenty of support with u!! Be Strong!

 

Carrie

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