Disability Hearing Set - LONG

[Guest guest]

Hello List,

I forgot to mention that I FINALLY have a disability hearing before a judge

scheduled for Friday, November 1. I have been turned down twice since I

initially applied over a year ago. The judge and a so-called vocational

expert will get to see me in person and ask me questions. And boy am I

nervous!

When I first was persuaded to apply, the guy who was my representative made

it sound like a done deal and all I had to do was go through all the

paperwork hoops. He said disability exists specifically for people like

me, and that there was no shame in getting it. He also said they have a

list of diseases and conditions they have already determined are disabling

and that RA is on that list.

After my initial denial, I started reading up on the process and joined a

list where this is discussed. I learned that having an illness that is on

the list isn't enough to grant disability (though it seems it is as I

recently learned the judge CAN rule on medical alone if a strong enough

case is made or the condition exists on this " Listing of Impairments " and

you meet all the criteria spelled out there). I also learned that there

must be medical evidence, test results, and specific forms filled out

appropriately by your doctors as you basically need to prove that you are

unable to do ANY kind of work existing in the national economy full time.

As I educated myself on this and started mentioning these things to my

representative, he acted like he didn't have a clue what I was talking

about, said I could waste my money on " needless " tests and doctors if I

wanted to, but that he had helped " well over 200 people get

disability " . Then he seemed surprised when my appeal was also turned down.

I have since learned about a group called NOSSCR, which stands for National

Organization Of Social Security Claimants Representatives. I contacted

them and got a referral to a lawyer in my area who " supposedly " specializes

in disability cases. I called her up and we talked on the phone almost one

year ago now. I explained my situation over the course of 35 minutes to

her and finally asked if she thought my case was worth pursuing. She

replied, " Yes, definitely. " She also remarked that she had experiences

taking cases beyond Social Security to the Federal courts if

necessary. This gave me a lot of confidence and I made an appointment to

go meet with here in person at her office. We talked for an hour and a

half, and I showed her all the paperwork and doctor stuff I had saved up to

that point. I felt that now someone who really knew what was expected

would work through the system and build a proper case that would

practically guarantee that I would be awarded disability.

Unfortunately . . .

I have become extremely disappointed with this attorney. She hasn't

answered all my emails, even when I've re-sent them. She apparently has NO

familiarity with RA. One example - Since my most visible problem is with

my hands, she seemed surprised recently when I mentioned pain, etc. in my

feet, ankles and knees. She said something like, " Oh, do you have

arthritis in those joints, too? " I told her it's a DISEASE and is in my

entire body! " The really irritating part about all this is that months

ago, having felt like she may not be as knowledgeable about RA as I had

ASSumed she was, I wrote her a lengthy letter explaining RA and how it

affects me personally.

At this point I don't know what she thinks she can collect a fee for. She

had me sign and send in some forms to Social Security, forms which I could

have downloaded myself off the internet. A few months back she mailed me a

description of RA directly from Social Security's " Listings of Impairments

and asked if I had those symptoms or had the required tests it

mentioned. I had already obtained that information last year right off of

Social Security's website. And as for the required tests, all she had to

do was check the medical stuff in my file.

One more thing I have to get off my chest - in Social Security's legal

stuff they define different levels of work. The least exertive of these is

called Sedentary. The description lists different criteria for being able

to do at least this minimal amount of work. If you can't even meet those

requirements then supposedly they have no option but to find you

disabled. I had mentioned the following to her in the past but it didn't

seem to register with her: So since we were in person at the time, I

pointed to the last sentence and read it aloud to her. It read, " Must have

normal functioning of at least one upper extremity. " She sort of giggled

and when I asked her what was funny she said, " I never noticed it said that

before. " Aaargghhhh!

Oh, one other thing, she said she would probably sit at the hearing and not

say anything! I felt like asking why the heck lawyers are called " mouth

pieces " . I retained this person because of her supposed expertise and

experience in getting what is needed to have me win my case. If I am not

approved, I am going to complain to her and file a complaint with the

organization who recommended her. I saw a thing on TV awhile back about

dishonest lawyers who get disability for their clients, even though there

is nothing wrong with those clients! My thinking is that if MY lawyer

can't even help me get it when I DO have a legitimate disability, she must

be a pretty bad lawyer.

So I have to go before this judge next week and have basically no idea what

is going on or what is expected of me. In a moment of exasperation I

blurted out to her, " So what exactly am I supposed to say, to which she

replied, " The truth. " Well DUH! This is the advice which is going to cost

me five thousand plus dollars if I somehow get approved? What a racket!

I am also concerned how long one of these hearings take. She hasn't told

me that either. I need to be able to get up, stand, walk around because of

the RA AND if I am there long enough, I will need to snack on something

because of the diabetes. If I don't hear from here by the end of this week

I am going to give HER a call and try to meet with her or at least get some

of my questions answered over the phone as at this point I don't have a

clue what's going on.

Sorry this was so long but needed to vent and this is very painful and

tiring. Wah!

Kossart - RA, Type-2 Diabetes

Peru, IL, USA