Happy Day! I finally got my......

**KBear** · 08-06-2009, 12:26 PM

Almost exactly 1 year after applying for social security disability, I had my hearing before a judge yesterday. My attorney said the biggest thing working against me would be my age. That the judge would probably believe me (that I am in this much pain and limited); but would have a hard time awarding me permanent disablility and would have problems thinking that I could be this way forever. The lawyer felt it best that I express to the judge that I don't want to be this way and really do want to go to work one day (which I could do, disability would then stop). I told the judge this and about my daily struggle. I also told him that I have literally pursued every option available to me, that I have tried and will try anything to get rid of this pain. I let him know that I have no intentions of giving up and will fight till the day I die to be pain free again.

They also had a vocational expert at my hearing. When she was asked; based on my job history, and my current limitations, if I could find gainful employment, she said NO! This was a big win, as the previous 2 denials said that I could find employment.

The judge requested my clinical trial records (which my lawyer has had a hard time trying to get). The lawyer told the judge this and the judge said he would supoena them if need be (so another big win). The judge also wants my previous doctor who referred me for chronic pain management to put in writing what she told me about working. She told me that I could only work for 2 or 3 hours a day, 3 or 4 days a week and would have to have a job that would allow me to sit, stand or lie down as I please (maybe a hooker?

)

It's really weird how it works, the disability is based on my previous condition more than my current. Because you have to have so many social security 'credits' to be eligible, I am not eligible based on my current condition. Since I last worked in 2005, my credits are expired. But, since my disability occured in Jan of 2006, I had enough credits then to be taken care of. If I win, I will get back payments from Jan 2006 to now, plus monthly payments. At any point that I become able bodied, I can return to work and the checks will stop. By winning, if for some reason I never am able to return to work, I will still receive monthly checks. I am not for sure; but I also think if I win that I will be eligible for medicaid or medicare, which would be a huge help with my medical bills.

The judge told me it will be at least 6-12 weeks before I get his final decision. He must get my records and the doctors statement, he will then review my medical records (which clearly show I am making every effort possible to get well), my statements from the hearing, the vocational experts statements and then make a decision. My attorney felt the hearing went very well and said I did a great job. He said the judge is exactly where he thought he would be, that he believes me and just has to belive that I could be permanently disabled (which I do have in writing from my previous doctor who referred me to chronic pain management). It looks really good for me winning, just keeping my fingers crossed!

**Katie** · 08-06-2009, 02:09 PM

That's excellent Kathy. There's nothing like some financial security to make the days a bit easier.

Thankfully I was able to get it here too, but it is reviewed every five years. I don't know what happens if I have surgery, whether a fusion or ADR changes anything. Time will tell, I guess. I'm still allowed to make a small amount of wages and still keep my disability, so that's about the only difference between mine and yours, I guess.

Congratulations on being a good 'witness'. It isn't easy under pressure to put up a good appearance in front of a judge. They are pretty intimidating!

**Dave** · 08-06-2009, 02:13 PM

Good luck Kathy. I hope you win this battle. I know of people who get disability falsely while people who truly need it have to fight like heck for it. I've got my fingers crossed for you, and my toes.:thumpup:

**KBear** · 08-06-2009, 03:50 PM

Originally Posted by Dave

Good luck Kathy. I hope you win this battle. I know of people who get disability falsely while people who truly need it have to fight like heck for it. I've got my fingers crossed for you, and my toes.:thumpup:

I know, it's sickening that there are so many fakers and then there are so many that really need it and can't get it. I am extremely lucky that my husband has a good job and makes enough money to support us and pay my medical bills. I don't know how people do it that aren't us fortunate as I am. I am hoping that the payment each month will cover my medical bills, that would take a big stress off of us.

Even if I get medicaid or medicare, I will keep my private insurance, as I know alot of providers don't accept them or they don't cover everything. I will use them as a secondary insurance, so they will pay the balance that my insurance doesn't pay. I'm about to do some research and see if I'm correct in thinking I might get that. If not, the extra money will help pay medical bills. I'm about to sit down and write my monthly payment checks for medical, probably have about 5-6k that I owe.

**Justin** · 08-06-2009, 07:41 PM

Originally Posted by Dave

Good luck Kathy. I hope you win this battle. I know of people who get disability falsely while people who truly need it have to fight like heck for it. I've got my fingers crossed for you, and my toes.:thumpup:

I agree wholeheartedly...very well said. Good luck!

**KBear** · 08-06-2009, 08:37 PM

Almost forgot, other than my age working against me; the attorney said I am 'too smart' and thus am able to work lots of jobs. He said that the judges love to award disablity to someone who is 55, has been a manual laborer their whole life and has a hurt back. They assume, that their skill level is only manual labor and that is obviously out, plus only 10 years till they reach full benefit age, so no biggie. My main problem, even in a sedentary (brain job), is I can't handle sitting for more than 30 minutes at a time. I tried to work for my dad last year as his office manager and just couldn't do it. I tried for a week and a half and told him that I couldn't do it, as it wasn't fair to him to have to pay me for laying down several times a day (and I was only working for 4 hours a day, 3 days a week). When I would get home, I was just wiped out, couldn't get anything done at home.

**Justin** · 08-06-2009, 11:03 PM

Originally Posted by KBear

Almost forgot, other than my age working against me; the attorney said I am 'too smart' and thus am able to work lots of jobs.

I wish I had this problem.

**Cindylou** · 08-07-2009, 10:59 AM

Very hopeful news Kathy. I am pulling for you all the way. I tried about 6-8 months ago to get disability, and was shot down from the get go....mainly because of lack of documentation. I had sent in part of the paperwork, and was working on the rest, when out of the blue, she sent me a letter saying I didn't complete the paperwork, so "no." Geesh. I was in too much pain to fight it out. I may try again when I have more fight in me.