whoda thunk?

pagan(8b)July 20, 2007

Got what may be the final determination on my disability application - Trying mightily not to bum out here - just heard from the district court that my SS disability bennies are denied... still. next step would be 4th circuit court of appeals in richmond, but my atty. doesn't think I would win. They based the decision on the fact that they think Ron's (and my) testimony before the SS judge is not credible (?!) and that even though I was hurt, since I tried to keep my job and keep working and lasted 4 whole months,( PLUS the fact that I tried to go to grad school in a desperate attempt to salvage something from my life) I must not have been hurt all that badly, and certainly not as badly as we were trying to make them believe. So, cus I tried like hell to keep my job, or get my degree, I was not really hurt and was faking it...

never mind, I think I will nurse my bad mood even further.

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Aw, I know nothing about this, I haven't read any of your previous posts that I am assuming you have written, but pagan, I'm so sorry!

    Bookmark   July 20, 2007 at 9:56AM
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I've noticed that it is only the goof-offs who make out---I've seen lazy no-good bums collect all kinds of benefits and just because someone is concientious they get "rooked"

Some people just know how to work the system and which numbers to call ---

It happened to me when I was a widow trying to work and raise my children-------

It makes me very angry and I can just imagine how upset you are !!!!!


    Bookmark   July 20, 2007 at 10:25AM
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carla17(Z7 NC)

I agree with Florence. Seems really messed up, along with everything else. I have a bad attitude towards wrongness lately. There are two people that I can think of right now that don't HAVE to be on disability.



    Bookmark   July 20, 2007 at 11:44AM
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farmgirl(9 NoCA)

I'm sorry to hear your disability claim was denied. When my leg was at its worst, I feared I would be a lifelong morphine user to control the pain or face amputation. The information on the SS website and the protocol for my nerve disorder (RSDS) was not encouraging What really ticked me off was the last paragraph of the six pages I waded thru. It said "If the patient does not speak English, he/she automatically qualifies for benefits." At that point, I gave up pursuing it.


    Bookmark   July 21, 2007 at 8:06AM
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Maybe your lawyer doesn't know enough about Social Security. No cut on you or your lawyer but maybe you should talk with a lawyer that has expertise dealing with Social Security. They maybe like most insurance companies and deny most first time claims.

    Bookmark   July 21, 2007 at 10:57PM
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Taureau - my lawyer is a SS specialist, and the claim has been denied in all but the very last stage of the process. Still, I am taking your suggestion to heart - I contacted Binder&Binder and they have agreed to look at my case. Oh well, it is worth a try... if I am denied then I am no worse off then I was yesterday - just maybe a lot more bitter about the system! I read the court document very carefully - my working and going to school after the injury hurt me, but they didn't take into account the fact that I had to lay down on the floor frequently to make it through a class or shift, and that I took morphine and other meds and couldn't remember half of what I was supposed to, and sat on ice packs, wore my TENS and generally did all sorts of things I likely couldn't do in a 'real world' situation. The 4 months of work was a midnight shift phone answering position - the biggest thing I did was try to stay awake all night, cus the PD doesn't get many calls in the middle of the night. and the calls we did get needed somebody in person, not a report over the phone - I watched a lot of TV and read lots of books. Of course, trying to explain that fell on deaf ears... when I was moved to a daytime position (after 4 months) and had to work, answering phones, using the computer, etc.; I couldn't do it and had to quit per doctor's orders... so. I wish I could get in front of a judge who would believe me, or at least listen to me... it took me 5 years to complete the first year course in grad school cus I could only take one class at a time and needed extra time for my assignments, etc.; but they seized on the fact that I tried for 5 years, so I must have been OK, in their eyes... I finally quit trying when I realized that even if I could pass the cummulative exam to go on to the next level (which I couldn't - heck, I could recall which classes I had, let alone what I learned, morphine will do that do you) anyway, even if I could have passed the test, I would never find a job cus who would hire me, or even keep me around after they hired me?? So, them's the facts, Jack!!!

Another thing they mentioned was that the medical evidence did support my injury, etc., and yes, it fit the guidelines and yes it must hurt and limit me, but not as bad as we said... so, even though I have worked since I was 12 bleedin bloody years old, I was obviously stretching the truth now... and so was my DH, who does ALL the household jobs except laundry, and who has to carry my purse when we go places. and when we do go places I load up on pain meds and beers... but I digress. so, B&B will look at it, but they rarely accept cases that have been this far through the system... and cases and appeals rarely win at this level.

this is making my head hurt...

    Bookmark   July 22, 2007 at 7:50AM
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Pagan, I really feel for you. If you haven't already, maybe contacting your state Senator or representative.
The SS people are sometimes, as with this one, dispicable.
Good luck Chere, ton ami, T

    Bookmark   July 22, 2007 at 3:31PM
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meredith_e Z7b, Piedmont of NC, 1000' elevation

I'm so sorry, Pagan. I'm just starting the loops and hoops for this, so you may know this part, but there is a way to ask for a judge hearing after certain types of denials. You want a judge, ostensibly a real human being so better odds there. Do not go back to the non-judge route when you are urged to.

Ah the frustration... my new vector unit got turned down by my atrociously-priced private insurance as a "Convenience" item and unnecessary.

So convenient, all of it... for them, all of them. The root of all evil I believe I heard somewhere...

    Bookmark   July 25, 2007 at 6:59PM
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T - and Meredith and all - thanks for the support and suggestions. Yup, I have had a Senator write letters on my behalf, and my case has been through all the appeals and hearings and attempts that are offered in the system, save 1. And the last one, in Richmond in front of the District Court of Appeals, is the one my atty. doesn't think is worth the effort, cus they rarely (he said never) reverse any previous decisions... so if Binder and Binder take the case, they only have one chance to reverse the decsion. Lots of people have multiple applications at the same time, but since I didn't know I was elegible for bennies for years, I left it too late to file - almost. hence my one shot.

So, in a last ditch attempt at a miracle, I wrote a letter to the head honcho of SS. Ron made me leave out all the stuff about Kissing my Arse, but eventually I had a presentable product. It was my only chance to counter and explain the reasons given for dnenying my claim - school, etc. It likely won't do any good, but it made me feel better.


    Bookmark   July 26, 2007 at 8:35AM
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that is supposed to be a link for youtube - easy to be hard. (matches my mood!)

will try again.


    Bookmark   July 27, 2007 at 7:36AM
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Find a few attorneys to interview; try not to give up.

I went through the system. It's a bunch of hoops, talk about stress. They didn't deny I was hurt, but according to their experts I shouldn't be hurting as much as I was. When I went for my 4th appeal hearing last April 2006 after my dad died, it was my last appeal, and my 2nd with a new attorney. The 1st was a SS specialist, then took on another job elsewhere so my divorce attorney took it on since they were in the same office, and I was originally with him (he's a partner, not sure if that matters).

My divorce attorney did things different at hearings. I was also at an all time low, with high back pain, which they could see from my face. At this point I provided pictures of my house, focusing on my washer & dryer, how they were raised so I don't have to bend. I had a picture that showed laundry coming out of the dryer, going onto hangers waiting to the right.

At hearing 3 ruling, they said I could do sendantary jobs, some how my attorney shot that down. Wish I could remember more, but it was a bad time after losing my dad, then my FIL both to cancer; between my back pain & losing my FIL, the shock was wearing off after losing my dad and it hit me hard. Another thing just came to mind... my meds were changed right before court. What they put me on was heavier then what I was always on, I think that helped them to believe me.

See if you can get client referrals if it's even possible. You want someone that wins and knows the system.

Even though you went to school, you were on meds.. schooling took a long time.. that should account for something. You recently had 2 surgeries, were they brought up? What employer is going to hire you with a preexisting condition? Did the last ruling say what kind of jobs they suggest? Is there a weight limit on what you can lift / stand?

    Bookmark   July 30, 2007 at 6:16AM
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Thus far I am hoping Binder&Binder will take the case - I have to call them today. .. also have contacted 4 state representatives, 2 presidential cabinet members, the commissioner of SS, the president of the FOP, and the president of the National Chronic Pain Association. Also planning to contact a buddy at SS today and a buddy at a local TV station to see if they will take the story... maybe being a squeaky wheel will get me some grease!

The judge disregarded my assertions of pain with movement, sitting, using my arms, loss of concentration, etc., and decided I could do office work - yeah, me and my morphine would be great in an office environment!! He also
did not consider 2 years of medical records that reached him late (though within the time period he gave us) and said I didn't even HAVE medical treatment during that time - didn't bother to look at the packet!! So there
it is - my judge was a boogerbrain! And all the appeals after that are only geared to seeing if he was within the law, which it would seem he was, so they regarded what the judge DID, not what I said or what my evidence shows... so annoyed at those goofballs! But if at first and all that...

Thanks for sharing your story - helps to know I am not the only person SS wanted to torture!

Anybody ever seen that commercial that begins - "Is the IRS STALKING you?? Are they ruining your life??" Sounds like an ad for a hit man!

    Bookmark   July 30, 2007 at 6:59AM
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Got your email. I sent a reply. If you don't get it for some reason let me know.

    Bookmark   July 30, 2007 at 8:00AM
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You had a court date in Richmond? I know what state you live in.

Lady you have my sympathy.

My sister lives in the same state. She suffers from schizophrenia compounded with depression. The drugs she takes make her tired and adversely affect her ability to think quickly. These factors have kept her from being able to hold down a full time job and build up any kind of retirement or benefits. She does have a part time job checking tickets (and this from a woman with 2 undergraduate degrees and a master's degree) working three days a week. This job completely wears her out to the point that she needs the rest of the week just to get her energy back. I'm not complaining about the job. It helps her concentration and social skills. The problem is that because of her illness my sister can't support herself. That responsibility falls on my mother and myself.

Just take a guess what happened when she applied for disability? Turned down twice because of her job. She has now hired a lawyer and is suing the state. And it isn't like it is even a lot of money! Just $500 a month. But it would help defray some of the costs of supporting her. In-the-event she wins, the lawyer will still get a cut out of the back due settlement. Frankly I'm not optimistic.

I have come to the conclusion that the people of this "great" nation don't care about its mentally ill. That is an awful thing to write but it is how I feel.

    Bookmark   July 30, 2007 at 11:57AM
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