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Question: What if I Already Have an A...

Social-Security-Disability-Forum » Question: What if I Already Have an Attorney?  

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helmhaus

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Posted on Friday, July 26, 2002 - 4:25 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I was diagnosed with multiple scleoris with overlying myralgia paristhetica at Mayo Clinic in 2000. I was diagnosed with myralgia paristhetica and was tested by a neurologist who confirmed this because of leg pains in 1991 and was given various medications that didn't help for several months when I began chiropractic help in an effort to minimize medications. I continued the chiropractic help on a regular basis into 1997 when I began again with a neurologist. I last worked and paid in in 1996. I did not apply for disability until after exhaustive testing and subsequent diagnoses at Mayo Clinic. I was told by social security that I had to prove disability back to in 1996 and have had my appeals turned down ever since. The last reason was that S.S. does not recognise chiropractic care. An attorney said that they are required by law to disregard chiropractic history. Is this true or am I getting the "run around".
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Paul McChesney (Admin)

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Posted on Sunday, August 25, 2002 - 8:39 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

"helmhaus," I try not to give suggestions to people with attorneys. He or she can give you more accurate suggestions than I can, since I only know a part of the story.
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blueritche

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Posted on Saturday, October 18, 2003 - 10:50 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I applied for social security disability payments in Sept. 2001. I have been denied twice and denied by the judge at the hearing in March, 2003. Social Security local office refused to re-evaluate the judges decision and now it has been sent to the next level at Federal Appeals. I have severe arthritis in my spine and hips that was diagnosed before I applied for benefits. Recently I have been diagnosed with hereditary neuropathy which explains my falling all the time, I have fallen about 30 times in the last 5 years plus my hands are real numb and I drop things constantly. My pulmonary function lung test has show severe lung dysfunction recently also. Do you have any idea what will transpire now and how long it will take. I have an attorney but he doesn't tell me anything that I understand and of course I'm totally puzzled by all this, don't feel good at any time and cannot work. Also very broke. Can you give me any advice at all
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Paul McChesney (Admin)

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Posted on Saturday, October 25, 2003 - 4:18 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

If you have an attorney you really need to talk to him about your situation: He will understand it a lot better than I would. Generally, I am not supposed to make suggestions to a person with an attorney; the idea is I guess that he would know the whole picture better than I would; and I am sure that is true. Don't give up on it.
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James Daniels

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Posted on Friday, October 17, 2003 - 1:16 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I had my Hearing with the ALJ-my question is what really happens during my waiting time for the decision. Is the decision made during the hearing or does this go through another process before the final decision is made.
During my case there was a vocational expert there during the hearing and certainly was not objective towards my limitations, he sat there reading a rehearsed script and did not grasp the documented pain I am in and the numerous amount medications I am on,which, causes me to need sleep during the day and also cannot sit or stand for more that 35 minutes at a time. I must either lay down or elevate my feet in a recliner.
I was not pleased with my attorney during the hearing, he was OK before but I feel he failed me did not represent my problems that I have with any compassion-I'm not the expert here, he was, or said he was. Anyone else have this problem?
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Paul McChesney (Admin)

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Posted on Saturday, October 25, 2003 - 4:25 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Asking me questions that you could ask your attorney puts me in an awkward position, and my answer would not be as high a quality as his would be, anyway. I know you don't like that answer, or nonanswer, and I don't, either. But there is nothing I can do about it.
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Donya Cook (Candiestore)

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Posted on Tuesday, March 04, 2003 - 7:26 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I just turned 30 years old and last year I was diagnosed with Lupus along with bipolar, chronic migraines, IBS, blood clots and depression. I applied for SSD in April and used unemployment for six months. I am currently applying for ssi also. My question is it seems to be fairly difficult to get my benefits, and they keep pointing to my age. I am not quite understanding the reason behind this in North Carolina. I have a lawyer and doctor's behind me but I still keep getting refused. Can you give me some ensight.
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Paul McChesney (Admin)

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Posted on Wednesday, March 05, 2003 - 5:03 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Donya, your attorney can give you better advice than I can. I do not give advice to folks with attorneys. If you don't understand something, sit down and talk to him or her or the staff. Of course you have some serious diseases. It is not fair, but it often takes a long time to be successful at a disability case. Take care and good luck.
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Jean R

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Posted on Saturday, September 27, 2003 - 6:05 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Hi
I went to my SSDI hearing and the judge was very hard on me, but in the end she asked the job specialist 2 questions.
1 was hypothectical and he said there were jobs out there.
then
2 she ask about me specifically and he said there were no jobs out there due to my mental illness's
i would not be able to be there with out missing work or leaving early or needing extra breaks.

the medical doctor there was not very supportive of me.

But the 4 mental doctors they sent me to were.
all said i have:
personality disorder
agrophobiqa
ptsd
panic attacks
depression

However the conselor i was seeing on my own said that i refused treatment because i would not go to group therapy and i was not as bad as i said i was. The judge was angry about this.

Now my lawyer said i won because he said there were no jobs out there. I just want someone elses opinon on this because i think the judge will denie me because of what the conselor said and the fact i sat through the hearing seemed to anger her. Although i was very nervous and began to have a panic attack meant nothing to her, and cried like a baby when they let me out when it was over.

So could i have won and worring over nothing or is there a chance that i will be denied?

thank you for your help
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Paul McChesney (Admin)

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Posted on Thursday, October 30, 2003 - 4:59 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

The way the legal business is set up, I cannot give second opinions. Whatever I think of the rule, I cannot do anything about it.

But even if I could, anything I say would just be a guess. I don't know the degree of severity proved for each of your impairments, I don't know to what extent they were proved by the medical record, I don't know whether there were any medical records that made you look healthy, and I don't know the habits of your judge -- whether he would be inclined to believe your helpful doctors, or any that weren't helpful.

Your attorney almost certainly knows all that, so I would listen carefully to his educated estimate.

Take care and good luck.
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Jean R

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Posted on Monday, September 29, 2003 - 1:40 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Hi
I posted this in another area but thought this maybe a more proper area. I am 37/F high school grad. I have a long list of medical problems but the judge didnt want to hear any so this is just the mental that they went on.
I went to my SSDI hearing and the judge was very hard on me, but in the end she asked the job specialist 2 questions.
1 was hypothectical and he said there were jobs out there.
then
2 she ask about me specifically and he said there were no jobs out there due to my mental illness's
i would not be able to be there with out missing work or leaving early or needing extra breaks.

the medical doctor there was NOT very supportive of me.

But the 4 mental doctors they sent me to were.
all said i have:
personality disorder
agrophobiqa
ptsd
panic attacks
depression

However the "conselor" not qualfied to treat me, i was seeing on my own said that i refused treatment because i would not go to group therapy and i was not as bad as i said i was ( I have a fear of crowds). The judge was angry about this.

Now my lawyer said i won because he said there were no jobs out there. I just want someone elses opinon on this because i think the judge will denie me because of what the conselor said and the fact i sat through the hearing seemed to anger her. Although i was very nervous and began to have a panic attack meant nothing to her, and cried like a baby when they let me out when it was over.

So could i have won and worring over nothing or is there a chance that i will be denied?

I am just wanting a 2nd opinion
thank you for your help
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Paul McChesney (Admin)

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Posted on Friday, October 24, 2003 - 6:12 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Jean R: Sorry, I cannot give you a second opinion. There are many rules that I did not invent and do not approve of, that I must follow anyway. One is that I am not supposed to give advice to someone who has a lawyer.

In your case my advice would not be worth much, anyway. Your lawyer was there, saw all of the medical records, and probably is familiar with your judge.
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angelinky47

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Posted on Monday, January 05, 2004 - 10:54 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Hi,I have applied for disabilty 3 times turn down 3 times . I was having alot of health problems ..had 3 Tia (mini stokes) I was told I have this blood disorder (very Rare) called Anticardilipid antibody .. Its the thicking of the blood. high risk of a stroke or/and heart attack. The blood disorder is rare so my doctor didnt and still dont know much about it. I was sent to Mayo Clinic by my Dr. In Mn 2 years ago. To see if they could help or reserch it. Got there there isnt much they could do for it. While there at mayo they found that I have fibromyalgia. It explain all the pain I was having. Depression set in after that I tried to commit sucide. I lost my home , my husband and my life because that was all I had. I had applied for disablity like I said I have been turned down 3 times I have a lawyer .. Waiting on a hearing. I found out yesterday now they found I have Emphysema. Going this coming week to see how bad I have it They will be doing a Pulmonary Function Test. If this dont get my disabilty I guess there are flaws in the system. Can anyone help me ... what can I expect to see or hear at the hearing. May God Bless everyone!
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Paul McChesney (Admin)

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Posted on Sunday, February 29, 2004 - 7:16 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Angel, probably the best way to get these questions answered is to ask your attorney. He can give you a more specific answer than I can, since he knows all the facts. I want to help in any way I can, but I am not supposed to give advice to people with attorneys. Take care.
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AUDREY DIERS

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Posted on Friday, November 07, 2003 - 9:12 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I am a 48 yr. old female who had surgery 3 yrs ago who is still in agony and is diagnosed with chronic pain AFTER BACK SURGERY L3L4.Going in front of Judge in Jan.All my drs that did my surg are up North and the only one I see here on a steady basis is my Pain Dr. that I still have to convince to go for this and consider me disable.I have been seeing him religiously for 3 yrs, epidurals and heavy duty meds every 3 months. On Methadone 4 times a day Zanaflex 4 times a day etc, thats just a few. Couldn't even sign my name no less work on those drugs. But anyway I still have to try and convince him. Also what DO I SAY AND HOW DO I SAY MY SPEECH IN FRONT OF A JUDGE. I DID GO TO A SSA DR. AND HE DID GIVE ME A DISABLED LETTER BUT DIDNT WORK . I THINK DEPRESSION WAS BROUGHT INTO IT. WHY IS THAT A PROBLEM?HOW CAN DEPRESSION NOT BE BROUGHT IN WHEN YOU ARE IN A HOUSE AT 48 WHEN YOU HAVE BEEN A LIVELY WOMAN, EXERCISING, TENNIS, TRAVELING, ETC YOUR WHOLE LIFE. TELL ME HOW TO WIN THIS CASE. PLEASE!!! I DO HAVE AN ATTORNEY THAT WORKED FOR SOCIAL SECURITY BUT..........I NEED ANOTHER OPINION. I'M LOSING IT!!!!!!!!!!!
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Paul McChesney (Admin)

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Posted on Tuesday, March 02, 2004 - 5:31 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Audry: Work closely with your attorney and don't despair. Hang in there.
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TGS

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Posted on Saturday, May 15, 2004 - 7:45 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Hello. I am a 30yo/f with chronic daily migraines. I've been on FMLA since 2/04. I applied for my short term disabilty benefits through my employer and was denied because they felt that the medical documentation didn't support my need for disability. I find this difficult to except since I was granted disability last year for the exact same reason. The only difference between this year and last year is that last year was the first time my migraines became chronic so the doctors ran a battery of tests. I was treated and had a period of remission. This time we skipped the tests and I went straight back to the neurologist who put me on a new medication. I am now appealing their decision. My question is how do I fight them if my appeal is denied? My doctor declared me disabled and even wrote them a letter (which was included with my appeal)stating that I am currently unable to perform my job duties. I don't have the resources to hire an attorney so any advice you can give me would be greatly appreciated. Thank you and God bless you for blessing others.
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wjwilson
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Posted on Saturday, August 14, 2004 - 1:56 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

My husband has been unable to work for over a year due to his health - lupus with overlapping rheumatoid/osteo/psoriatic arthritis combined with weakness, fatigue, chronic pain as we; as neurological damage -depression and cognitive problems- He is on several med's including morphine 24 hrs/7 days a week - we are requesting a hearing from an ALJ (just rec'd our notice of denial on reconsideration)- We have an attorney - they said we should request the hearing ourselves - how indepth do we go with the acutal request form - does that form go to the judge?? We have been composing a letter to send with it- thanks
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Paul McChesney (Admin)
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Post Number: 834
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Posted on Wednesday, September 15, 2004 - 6:43 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

If you have an attorney, you should ask him; different attorneys take different approaches. Not trying to avoid an answer; it's just that what I suggest might not match the rest of his plan. Take care and good luck.
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Sheila L Kreitzxer (Unregistered Guest)
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Posted on Monday, May 23, 2005 - 2:57 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

hi, my name is Sheila, I hae been diagnosed with malignant melanoma stageIV, that was five years ago I tried to get disability then and they denied me. I since then went toweork tried to go back to the job I had before I was diagnosed I couldn't do it there were to many chemicals, since then I have been thriough three jobs, I am not as strong as I was before cancer, and the treatments. My second job that I got I hurt my back wich is inoperable, I have bulged disc in the L4, L5 area plus siatica in left leg. I have had sugery on my right breast onece since cancer and amgetting ready to have surgery again. I take huge amounts of medicine, including morphine 800mg per day, darvocett 650mg evert six hours xxanax 5mg four times a day, trazadone 400mg at bedtime, and paxil 25 mg. Do you think my lawyer should be able to get me my social security disability. I am so afraid that I will have to go back to work, I know that it will kill me.
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Paul McChesney (Admin)
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Posted on Sunday, May 29, 2005 - 12:50 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Sheila, it sounds like you have a strong case, but of course your lawyer will be familiar with your medical records, and with the judges who will decide your case, so he or she can tell much better than I can.
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KAS (Unregistered Guest)
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Posted on Sunday, November 06, 2005 - 9:29 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Hi. I was denied by dds in Sept 04 and appealed. I retained legal help by end of Sept. On Oct . 26 I recieved a letter from the ALJ saying he ruled fully favorable decision to me..It also said I was not represented..The lawyer did send a form in but I did not put a laywers name in the original appeal form. He said if he would get a check He would give the money back and just sent me a bill for $100 for admin fees.. My question is will that form he sent in show up and cause problems with the back pay(30 to 60 days they said) or since it was an on the record decision will they just file the form with my case and ignore it since I won't have the meeting? Nothing was mentioned about it when SSA called me either..I did sign a paper waving SSI which would have caused delay and I did not have back medical bills..Thanks .God Bless..Kim

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This site is maintained by Paul McChesney, an attorney who has been practicing disability law for around 25 years in North and South Carolina.

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