Disability Hearing coming up - could use advice | Arthritis Information

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Anyone been through a hearing for disability?  Mine is in June, but my lawyer withdrew from my case yesterday.  I don't know if I should try to represent myself or if I should try to get another lawyer.

I moved for a job a few months ago, and my lawyer has just decided that I am too far.
 
Any advice would be appreciated.
 
Nori
I have no advice for you..just wanted to wish you luck for nexy month...hope it all works out for you!Thank you.  I don't want to make the judge mad if I show up by myself, but being 'abandoned' at the last minute makes me want to just stop relying on other people and just take care of myself.
 
Nori
Nori....
You are ahead of me on this whole process, so I don't know more than you. I would think it will still be a good thing to have a lawyer specializing in disability, but if you feel you have enough proof that you deserve it ie letters from doctors, maybe you can convince the judge by yourself. I'm too chicken to try that.
 
I wish my hearing was in June! I'm still waiting for my date. The papers said it will probably be a year from the hearing request application date so that would make it next Jan!  My disability lawyer said when the date is given, he will formally request it be expedited to a sooner date, but that will likely still be months from now.
 
Please keep us here informed about what's going on. After your hearing before the judge, please tell me everything that happened and provide me with lots of advice about how to handle that day. You can PM me if you prefer. I know some judges are lenient, others hate to approve it, so mine may end up being of a different mind than yours, but maybe if I go armed with your suggestions, it will go better for me. Good luck to both of us!
 
Editing now:   I just read your previous comment...
I don't think you will make the judge mad if you have no lawyer; I bet many people don't. There's even the chance it may make him more sympathetic and kind... one can hope!
 
CathyMarie
CathyMarie2009-05-02 19:05:55

good luck to you, CathyMarie.

 
I hope ya'll get approved. If not... I can try to see if I might can alternate months for each of you to have mine.
 
Good Luck!
I had my hearing and it was a long process to get there had vocational rehab and the whole bit. lol the judge asked me if I saw a 20 dollar bill on the ground would I be able to pick it I told him "of course I would figure how to pick it up anybody would but getting up after I fall down from bending down to get it might be bad" I did not have papers from a doctor because the only doc I could afford to see was a disability doc (quack quack)
He looked at me for like 5 min and said I was fine. My lawyer got me paid back for the time all the way from the time I lost my full time work and tryed other jobs but couldnt do them 3 and a half years for me and my children. And florida has a set fee he could not charge me more then 1500 or something and I got back pay adding up to almost 50,000 dollars
 
I would try to get another lawyer asapfor a hearing I would get another lawyer or advocate...but I'm a bit confused you said you moved for a job...are you working?You better have an attorney.  I think the judge will take advantage of you and decide against you.  The attorney would have experience on what would sway the judge to a positive outcome.  It should not make any difference to where you live --hasn't the attorney heard of phones, e-mail, etc?  As long as you can make it to meetings when he/she needs to meet with you--why should it matter where you live?  However, if you moved to get a job--I can see where he/she would withdraw because you are working--you are not disabled and therefore would not qualify for disability.  this is true you are working and want disability?
Yes, I am requesting a 'closed period'.  I was unable to work while I was very sick.  It took a long time for doctors to figure out I had RA.  Then it took a while for the right meds.  I was unable to work during any of this time and had applied for ss disability.  THEN with enbrel and lots of intense physical therapy I have regained enough function to give working life a try.
 
I am not trying to get disability for my current situation.  I am requesting disability for the 'closed period' of time while I was clearly unable to work.
 
I appreciate everyone's feedback!
 
Nori
Nori, I sat outside the disability hearing room and listened to the judge berate this poor fellow about not having a lawyer present.  It is not required to have one, however I will argue your chances are better with a practiced disability lawyer.  So unfair one should have to give up money that is so desperately needed to a lawyer, but that is the system.  Honestly, in my hearing, I wondered why I needed a lawyer.  I had loads of documentation from RD, PCP, Neurologist, pain doctor and pulmonologist, not to mention my descriptions of my daily life.  All of these reports are vital, especially if you don't opt for a lawyer.  Also, a list of drugs is good to have, and knowing the side effects is also helpful... like this one makes me dizzy and unable to drive.  Make sure you add reports from any pre-existing conditions, like blood pressure, heart disease, or any previous surgery, that may be exacerbated by the RA.

The questions about daily life were like, Do you garden?  Do you cook?  Do you do laundry?  Do you drive?  Do you grocery shop?  What happens if you talk on the phone for 30 minutes?  What activities are you engauged in outside the home?  IDK if this was so much for the judge as it was for the panel, which consisted of an occupational therapist, a social worker, and a doctor.  They mostly asked the questions, the judge shuffled papers.  I answered honestly, saying for everything I did, I paid a price in pain and fatigue.  If, for example, I drove on one of my good days for 1 hour, later that same day, I could expect pain in my neck, shoulders and hands.  If I went grocery shopping, I had to have help getting them to and from the car as well as someone to help me put them away, then I would have to rest and get off my feet and probably would have pain due to walking, lifting etc...  The duration of the pain caused by daily activities usually lasted for 12 to 24 hours, depending on if I was in a full blown flair or not.  Then I would explain what I had to do to get that pain undercontrol... pain pills, muscle relaxers, steroids... you get the picture.

I hope this helps... good luck!   This helps quite a bit.  It leaves me no doubt I need a lawyer.
 
Now the question is do I try to talk the one who dropped me into taking me back if I fly home for the hearing (originally I was told they would work w/ me on that)
 
OR
 
Do I try to get a new one locally, which my previous lawyer suggests.
 
Social security office suggests I keep my hearing date and go back to my old lawyer.
 
I really don't need this stress on top of trying to keep it together at my new job and handling everything that 3 1/2 months ago I got help w/.  This has been so tough, but I just had to try.
 
Am I still in pain?  YES!  But I'm handling it day by day.
 
Nori
If you hire a lawyer and have to fly back to your old city, pay for a hotel, transportation and food, are you getting enough money to come out ahead?  (I do not want to know how much you are expecting.)  Anyway, good luck.  I am glad to hear you are doing much better.Good question.  Only the flight back.  I would be staying with my family.  My grandparents are both ill, so it may be the last time i see them alive.  I would not have the time off yet from work, so they would have to approve it.  The flight would be about 0.
 
social security advised keeping my hearing if possible before transferring to another state.
 
Nori
Yes, good luck.yeah if you have a date already then the last thing you want to do is to give it up....I'd give your old lawyer another callBoy oh boy, Nori, don't lose that date... it could add on another year of waiting if there aren't many judges doing this in your new location!It's unclear from what I read here if the member is in the US, but Binder&Binder is a US firm and even represents clients in Alaska, while their main office is in NY.
 
Allsup is another option; I only spoke to Allsup on the phone and they wont even discuss a "case" with you unless you are currently unemployed.
 
I am privately insured and none of these horror stories are the way my insurance works, but thank you for pointing me to these posts.
I read all your stories in horror!. I applied for SSDI and was approved in 3 months. My initial filing was for OsteoArthritis, depression and anxiety. My sis in law's lawyers told HER..I got approved fast because I had mental health issues involved. She waited for 3 years to be approved. She had knee surgery, shoulder surgery, and several other issues. (no RA).
any arthritis issues are VERY hard to get disability for.

I have no idea if that is true, BUT...if you have any depression, anxiety, etc from all of this, I would defi8nately let the judges/lawyers know that! I was seeing a therapist at the time, and also taking meds for both.GrammaKathy2009-12-23 16:48:53Bottom line is this. If you are trying to get SSI or SSDI, and you have mental health issues from all this crap, TAKE CARE of your mental health issues and it just might get you approved. :)

the mental health aspects don't necessarily add to quickness in the approval cycle.  I was approved in 62 days and only had the physical issues related to RA.  It really does come down to having throughly prepared paperwork, medical reports that support your claim, promoptness in providing all of the paperwork.  it helps if you have a specific ailment listed in the blue book which RA is.  And frankly there is also a great deal of luck involved that you get the right case worker at social security


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