Hearing Result: Denied

[Catie]

It's with a heavy heart that I report our hearing decision was "unfavorable".    We have a meeting with the lawyer next Monday to talk about what's next.

Thoughts and prayers please, because we are feeling pretty defeated right about now. 

[Robby]

Don't feel too defeated, this is common practice for them. Because of what I learned from my hearing, I would suggest make sure you find out why the judge denied you, this is crucial. Now that you know that, make sure to get something in your medical records to cover that item(s). My judge was planning on denying me, but the day of the hearing, we managed to add one last medical report, a sleep study, the Dr. that read what the machine recorded, wrote that I kept getting woke up many times a night by brain waves that show that I am in pain. When he saw that he changed his mind. So if you can get a Dr. to put in their notes that there is proof of whatever problem(s) they are treating you for, you are in a lot better shape. However, getting a Dr. to make a statement saying you have a legitimate problem that qualifies you for disability, is almost impossible.

[foxgrove]

Hang in there Catie..  this was just the first hurdle.. you haven't lost the race by a LONG shot!!  I'm sorry this wasn't the finish line for you.  This is a marathon, not a sprint.  Start the appeal process and make sure you get your paperwork in on time.  Sadly this is par for the course when it comes to disability.  Don't give up... we're here for you both!

Continuing to pray for both of you.  Give your sweetie a hug from us and try not to let the ceiling fall on you.  I know how painful this is... I've been through it several times.  It's OK to be sad, just don't let it impair your forward movement.  Praying for your finances that you'll have some way of continuing. 

[looneylane]

Denial is almost 100 pct guaranteed the first time.

[Lonesome George]

It's with a heavy heart that I report our hearing decision was "unfavorable".    We have a meeting with the lawyer next Monday to talk about what's next.

Thoughts and prayers please, because we are feeling pretty defeated right about now. 

Was this a hearing before a judge or the first denial by the reviewers?

[foxgrove]

Just for a little background as a lot of you have only been here a short time... Dan and Catie have been fighting this battle for almost three years now and I believe that this was the one where you go before the judge, please correct me if I'm missing an appeal or so.  These processes should never take this long... ever!!! 

Totally blows considering you had everything in your corner.  Did the judge give any explanation or is all of that still in processing?  Please tell me they didn't deny him simply because he's only 26... they kept throwing crud like that at me and I was in my 30s!! Really, I think some of these decision makers should take some life lessons and maybe go and live with a fibro family for a few weeks or just jump in front of a moving truck and see what it really feels like!!

Still got you in my thoughts and prayers sis.    Let us know if there is ANYTHING we can do to help Dan out.

[looneylane]

Oh sorry for misunderstanding.. Will keep you in our prayers.

[foxgrove]

No worries... I cheat.  I have a little book I try to keep updated with where folks are and how they're doing so I know how to pray for them.  Otherwise, I'd be all... huh...   I know they won't be offended with your words... we're all here to help.

[ronr]

It should be criminal to do this to people that have paid into the system.  It's not like we want to have all these health issues but  they do have quotas to fill.  It just makes you madder at the system but appeal, appeal, appeal.

Let us know when you talk with the atty. as to what the judge's reasoning was.  Until then, know that our hearts go out to you in this time of desperation.

[Lonesome George]

The bad thing is that there are only so many appeals after the judge before the whole process has to be started all over again, then all the back pay owed is lost.  I think this is one reason for denials.

[Catie]

Oh Fox, you are so sweet to keep such a good record of us all!!

It was a hearing before the judge. We got our 14 page written denial which I skimmed through; I tried to read all of it but it started to make me furious. Basically our judge's reasoning is the doctors' records didn't match what Dan's personal notes say and they didn't give much weight to Dan's primary care physician (but I can't remember why).

I mean, Dan only has a full on vomiting episode approximately every three months, so obviously he can work during his good time and his job will just let him walk off when he starts to vomit and give him the next 3-5 days off to recover without any repercussions, right? I feel like at this point Dan should try to get jobs and then get fired because he can't keep up or he keeps missing days and then throw all that in their big dumb faces!! I'm so mad I could spit fire... /endrant/

My main concern going forward is that in 2017 Dan's working credits begin to expire and if we have to start the process all over again, by the time we get to a hearing we might not have enough credits to qualify for disability...

[Lonesome George]

The trens is to give little credibility to the primary care doctors.  Over the past here were a lot of "disability doctors" that were paid to give whatever diagnosis needed for disability.  Instead of just cracking down on them, the goverment is not taking any primary care doctor's assessment.

My primary said I was disabled, he filled out a detailed RFC paper about what I could and couldn't do, yet the papers from SSDI stated his assment was rated as "other", whis means dismissed. Funny thing, the doctor they sent me to also said I had fibroymaliga, and he was rated as "other" also.  The shrink said I was fine, so her assessment weight was rated as "great".  I guess you can see how SSDI wanted my case to end up.

[ronr]

This might be worth looking into Catie.

The site is Disinissues Disability Insurance Issues and their purpose is to share experience and advice about the processes of obtaining and maintaining Social Security Disability Insurance (SSDI), Supplemental Security Income (SSI), and long term disability insurance.  The group is targeted mainly towards those with invisible disability due to CFIDS or other conditions not on Social Security's Listing of Impairments.  Benefits professionals are welcome if here to learn or to help.  The Moderators are a few people who have worked for the SSA or Insurance companies.  Most of them are disabled.

All questions are edited and moderated for content.  General chit chat about your illness, personal matters are not permitted.

You have to join the group which is free and only takes about one day after submission of the application.

Questions and Answers appear in the forum and are emailed to the members.


Disinissues website -
http://groups.yahoo.com/group/Disinissues

You can review the Yahoo! Groups Guidelines at
http://groups.yahoo.com/local/guidelines.html

To unsubscribe from this group, send an email to:
Disinissues-unsubscribe@yahoogroups.com

You will receive many emails showing the questions and answers members currently send in.  After you decide that you have what information you need, you might want to unsubscribe to stop the emails.


NO MESSAGE ON THIS LIST IS TO BE CONSTRUED AS LEGAL ADVICE

These guys really know their stuff.

[Catie]

Thanks ronr, I'll have to check that site out.

We met with the lawyer on Monday and are gathering evidence for our appeal. I'm looking at the denial as a "how to" to win the appeal. They basically laid out what they didn't believe and what they "should" see in his medical record if he is disabled, so we're going to go out and get that proof and make sure everything we need is on the record. Our lawyer asked us to go through the written denial page by page and site everything the judge got wrong or didn't bring up in the hearing but talked about in the decision so we can use that against him in the appeal.

I still have hope.

Thanks for all the support. It means more than I can express through a keyboard.
<3

[Gearhead4Life]

Catie, sending you guys my prayers and support. I hope you can get it on the 2nd round.

[foxgrove]

That's a fabulous viewpoint sis!!  I really like the way you turned what seems like a complete negative into something constructive 'cause that's exactly what it is... a roadmap to their decision making process.  I'm glad that there was more mentioned than just "denied" as you really need the why and the how to go forward from here.

Praying for you two.