Guest guest Posted May 4, 2004 Report Share Posted May 4, 2004 Thank you . I have been trying to get rid of him, but as I said, none of the other rheum's in my area have an opening for a new patient for 4 months out. I had scheduled with one and have my first appointment 1 week after the hearing. The appt. was scheduled before I found out about the hearing date. I do think my primary physicians reports will directly contradict the rheum's as far as my pain levels, mobility (immobility), etc. I don't know if they will leave my case open pending evaluation from my new rheumy. My period of Insured?? Has expired since my application so I am told this hearing is my last shot with no eligibility for an appeal. I'm hoping if I take the advice of the others in this group about the documentation, letters, highlighting the details as well as the obvious, etc. that I will at least have a chance. Thank you Rick www.whosyomama.com Re: [ ] Anyone with SSDI experience/knowledge? > > Ability to function on a daily basis is clearly one of the factors a > judge will look at. It is important to highlight those things that will > put your case in the best light. You will be asked age, work experience, > education/training and then ability to function - particularly in a work > place- questions. Age is gridded out - the older you are the better your > claim- inasmuch as SS believes you really can't teach an old dog new > tricks. 50 is approaching advanced age...and I believe 55 and older is > considered advanced age- meaning the likelihood of retraining from > previous employment is slim. If you can only stand 10 minutes -say so. > If you can't sit for very long- say that. If you can't walk upstairs or > walk any distance - highlight that so it becomes part of the record. If > you cannot do housework say so. If you don't sleep well- mention it. If > you can only work for a few hours at home- then need a nap- say so - > very few employers will work with you on those t! hings. Your hearing is > no place to be a hero- if you hurt and are depressed - tell the ad law > judge. But also be realistic. We periodically see clients who say they > can only sit for a half hour at a time and then sit through a three hour > hearing. If you need to stand up - sit down- move around- ask permission > of course- but do do it. If you can travel at all - always ask for an in > person hearing so the judge can put a name face and problem together. > You will likely be asked severity of pain- be honest. Don't downplay but > be honest. If you are able to attend a hearing with or without pain > meds for example - it is highly unlikely your pain level that day is a > 10 out of 10 ( see where I am going here? ). > > Let me give you an example - A hairdresser, who has worked primarily or > only as a hairdresser- with a high school diploma and tech school > training who is 50 years old and has RA may have a successful case if > she can demonstrate that she can no longer stand for long periods of > time; needs frequent rest periods, has trouble with her handsetc. Her > medicals are not unimportant but they aren't the only thing. They will > demonstrate - hopefully - the RA diagnosis- that she is under a Dr. 's > regular care; that she takes more than tylenol for pain- what meds are > being used is critical- and if a Dr. says she is unable to work - all > the better. Does this make sense?? I'd be happy to answer a few more > specific questions - but this is what we look at when we look at and > review a file for merit when we send it on to our pro bono counsel who > do these cases. > > > > > > In a message dated 02/05/2004 20:06:24 Central Standard Time, > > natesmom4@... writes: > > > > > > > You may include anything in the file yourself. It doesn't just have > to be > > > from a doctor. I had my three other children write letters for the > file in > > > their own words of what their brother is like, what he has done, > what they see > > > in their own eyes. > > > > This is also how my sister was approved the first time. She wrote how > her > > disease affected her daily life. I wrote how it has changed her and > our > > relationship, her husband, doctors, and our parents wrote. I guess > they really > > need > > it spelled out not only the medical part, but how it affects daily > living. > > Cary > > > > > > Quote Link to comment Share on other sites More sharing options...
Guest guest Posted May 5, 2004 Report Share Posted May 5, 2004 Glad to hear that your primary will contradict the other reports in some essential areas. Despite what you have told me - do at least ask that the record be kept open until your new doctor can send report. All the ALJ can do is say no. Again, best wishes, > Thank you . I have been trying to get rid of him, but as I said, > none of the other rheum's in my area have an opening for a new patient > for 4 months out. I had scheduled with one and have my first appointment > 1 week after the hearing. The appt. was scheduled before I found out > about the hearing date. I do think my primary physicians reports will > directly contradict the rheum's as far as my pain levels, mobility > (immobility), etc. > I don't know if they will leave my case open pending evaluation from my > new rheumy. My period of Insured?? Has expired since my application so I > am told this hearing is my last shot with no eligibility for an appeal. > I'm hoping if I take the advice of the others in this group about the > documentation, letters, highlighting the details as well as the obvious, > etc. that I will at least have a chance. > > Thank you > > Rick > www.whosyomama.com > Re: [ ] Anyone with SSDI experience/knowledge? > > > > Ability to function on a daily basis is clearly one of the factors a > > judge will look at. It is important to highlight those things that > will > > put your case in the best light. You will be asked age, work > experience, > > education/training and then ability to function - particularly in a > work > > place- questions. Age is gridded out - the older you are the better > your > > claim- inasmuch as SS believes you really can't teach an old dog new > > tricks. 50 is approaching advanced age...and I believe 55 and older > is > > considered advanced age- meaning the likelihood of retraining from > > previous employment is slim. If you can only stand 10 minutes -say so. > > If you can't sit for very long- say that. If you can't walk upstairs > or > > walk any distance - highlight that so it becomes part of the record. > If > > you cannot do housework say so. If you don't sleep well- mention it. > If > > you can only work for a few hours at home- then need a nap- say so - > > very few employers will work with you on those t! hings. Your hearing > is > > no place to be a hero- if you hurt and are depressed - tell the ad law > > judge. But also be realistic. We periodically see clients who say they > > can only sit for a half hour at a time and then sit through a three > hour > > hearing. If you need to stand up - sit down- move around- ask > permission > > of course- but do do it. If you can travel at all - always ask for an > in > > person hearing so the judge can put a name face and problem together. > > You will likely be asked severity of pain- be honest. Don't downplay > but > > be honest. If you are able to attend a hearing with or without pain > > meds for example - it is highly unlikely your pain level that day is a > > 10 out of 10 ( see where I am going here? ). > > > > Let me give you an example - A hairdresser, who has worked primarily > or > > only as a hairdresser- with a high school diploma and tech school > > training who is 50 years old and has RA may have a successful case if > > she can demonstrate that she can no longer stand for long periods of > > time; needs frequent rest periods, has trouble with her handsetc. Her > > medicals are not unimportant but they aren't the only thing. They will > > demonstrate - hopefully - the RA diagnosis- that she is under a Dr. 's > > regular care; that she takes more than tylenol for pain- what meds are > > being used is critical- and if a Dr. says she is unable to work - all > > the better. Does this make sense?? I'd be happy to answer a few more > > specific questions - but this is what we look at when we look at and > > review a file for merit when we send it on to our pro bono counsel who > > do these cases. > > > > > > > > > > > In a message dated 02/05/2004 20:06:24 Central Standard Time, > > > natesmom4@... writes: > > > > > > > > > > You may include anything in the file yourself. It doesn't just > have > > to be > > > > from a doctor. I had my three other children write letters for > the > > file in > > > > their own words of what their brother is like, what he has done, > > what they see > > > > in their own eyes. > > > > > > This is also how my sister was approved the first time. She wrote > how > > her > > > disease affected her daily life. I wrote how it has changed her and > > our > > > relationship, her husband, doctors, and our parents wrote. I guess > > they really > > > need > > > it spelled out not only the medical part, but how it affects daily > > living. > > > Cary > > > > > > > > > Quote Link to comment Share on other sites More sharing options...
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