Currently sitting and waiting on my second and final disability hearing, and praying it goes my way this time. I’ve already lost the last job I had that I could actually do because of health issues, so this one is “do or die” for me! It really shouldn’t be this hard to receive funds I’ve been paying into for over 40 years, but I’m going on 3 years now with this battle!

This whole deal was supposed to be done last year, but the judge called for another hearing without explanation, and set it 8 months after the last one. You can bet if it was SHE who needed the help it would move much faster!!! <sigh>

Your attorney must know why.
Did you ask?

The system is FUBAR. A good friend of mine finally got hers after 10 years. I think all the fraudsters really slow thing down.

I went through three years of hoops and forms to get to the hearing. My lawyer did a good job in presenting the facts. Three physicians wrote reports supporting my case, including the orthopedic surgeon that surgically rebuilt my shoulder and arm (GSW).

Then the SSA had a 80 year old woman vocational expert testify. She basically said that upon retirement with a 50% permanent disability that I "could have taken a menial lower paying job" and performed ok.

Case over. There were 17 people waiting in line for their case to be heard that day. I won't go through that a second time. Good luck with your case.

quote:

Originally posted by PD:
Your attorney must know why.
Did you ask?

More importantly - if you DON'T have an attorney, GET ONE NOW before the hearing.

quote:

Originally posted by SigSAC:

quote:

Originally posted by PD:
Your attorney must know why.
Did you ask?

More importantly - if you DON'T have an attorney, GET ONE NOW before the hearing.

I had to assume he has one. The disability process was designed by lawyers for lawyers. To attempt navigating the system without representation is foolhardy.

quote:

Originally posted by PD:

quote:

Originally posted by SigSAC:

quote:

Originally posted by PD:
Your attorney must know why.
Did you ask?

More importantly - if you DON'T have an attorney, GET ONE NOW before the hearing.

I had to assume he has one. The disability process was designed by lawyers for lawyers. To attempt navigating the system without representation is foolhardy.

Yes, but not necessarily lawyers. There are lots of advocates that practice before SSA who are not lawyers.

Part of the problem is the enormous backlog of claims (why there are so many is an entirely different discussion) vs. the number of ALJ vacancies in SSA.

I was on the short-short-short list last year for an ALJ position and didn't get an offer, and since then, the hiring process is no longer with OPM.

SSA needs lots of ALJs and there are more than a few of us ready, willing, and highly qualified to serve, but... you're dealing with .gov, so nothing is going to be handled efficiently.

Sorry you've had such a rough go of it. Good luck!

-Rob

I never even started the appeals process without a lawyer because I knew it was going to be a battle! And no, the judge gave my atty no idea why I was called back in until this morning right before we started, but thankfully all went well and appears to have swung heavily my way. Even the vocational expert was on my side by the time we were done and told the judge I was unfit for any further work! She seemed to accept this and said she would expedite her decision so that I know something within 4 weeks if at all possible. Not a done deal, but sure sounds promising for once!

This message has been edited. Last edited by: bronicabill,

Slow process but it sounds like you’ll get there eventually.
Best of luck.

quote:

Originally posted by PD:
To attempt navigating the system without representation is foolhardy.

That's really bad advice.

My wife is a disability examiner and sees case after case where folks hire an attorney very early in the process. The attorney does absolutely nothing. Doesn't even lift a finger to help their client get to a doctor appointment. Many cases are slam dunk qualifying and now they lost part of their benefit to an attorney who literally did no work.

At least make the first attempt by yourself. If denied you can appeal. Your appeal will go to a more experienced examiner for consideration. Maybe you get an attorney involved here. A lot of cases are approved at this stage without involving an attorney.

If you're denied at this point, then consider an attorney.

The definition of disability is much lower for corporate policies and individual policies. Social Security Disability payments are not available if you can do any job anywhere in the US, you probably don't qualify. The standards are much tougher to meet than any individual or corporate disability policy.

I'm told the higher your education the less likely you are to qualify (you can do any job). No offense intended to anyone, but if you're a 50 year old brick worker with serious back problems you will probably qualify. A 50 year old individual with a degree in business would not qualify - the thinking is that person is qualified for a job at an office and therefore a bad back is not qualify you for disability.

That said, folks certain fall through the cracks which is why there is the ability to have a hearing before a judge. At this stage, you should certainly have an attorney that specializes in these types of cases.

My heart goes out to the OP and anyone that is disabled - I'm sure this is a difficult and frustrating process.

I looked into becoming a certified financial planner - didn't do it but still remember almost every seminar I went to stressed the need for individuals to get their own disability policy. I remember they said you are 25 times more likely to need disability coverage than death coverage when your children are young. That's why the premiums are so stinking high for disability. Talk to your financial planner and do everything you can to purchase your own policy which includes an 'own occupation' coverage. That way, if you can't work at your job you get disability payments (from that private company even if you don't get it from Social Security).

quote:

I never even started the process without a lawyer because I knew it was going to be a battle! And no, the judge gave my atty no idea why I was called back in until this morning right before we started, but thankfully all went well and appears to have swung heavily my way. Even the vocational expert was on my side by the time we were done and told the judge I was unfit for any further work! She seemed to accept this and said she would expedite her decision so that I know something within 4 weeks if at all possible. Not a done deal, but sure sounds promising for once!

^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

Depending on your case, benefits may be retroactive.

quote:

Originally posted by SR:

quote:

Originally posted by PD:
To attempt navigating the system without representation is foolhardy.

That's really bad advice.

We’ll have to agree to disagree. I don’t know anyone who has gone through the process without an attorney nor would I attempt to do this alone.

quote:

stressed the need for individuals to get their own disability policy. I remember they said you are 25 times more likely to need disability coverage than death coverage when your children are young. That's why the premiums are so stinking high for disability. Talk to your financial planner and do everything you can to purchase your own policy which includes an 'own occupation' coverage. That way, if you can't work at your job you get disability payments

As a former financial planner, I can tell you that you are correct, disability insurance is a awesome benefit and something you should purchase on your own if your work doesn't give/subsidize it for you. Own OCC if available is the best you can get. Any OCC is much more restrictive. You earn $150,000k per year consulting, but are disabled and able to work as CSR or answering service from home for $35,000 then you are screwed. Same situation with Own OCC then you can work that job from home and still receive benefits. They will in most cases prevent you from earning more between benefits and part time or reduced pay than your pre-disability income. If you can get it buy it, and buy Own OCC if you are able to.

All that a side I really hope things went your way as someone who has benefitted from their wife having disability insurance it saved the day. Working when you can't, but have no choice is a horrible thing. I have a co-worker who should be considered partially disabled and get some kind of relief, but it's nearly impossible to get given our line of work. Give us some good news please!

quote:

Originally posted by az4783054:
<<snip>>
Then the SSA had a 80 year old woman vocational expert testify. <<snip>>

And that right there is what makes or breaks many of the cases... and what caused me to have to wait another 9 months for an additional hearing! The "vocational expert" in my first appeals hearing basically said I was capable of still working with limitations. The guy today clarified that based upon my specific work knowledge and history for the past 15 years, what I used to do is now completely obsolete and no longer useful in the workplace, and it would take significant retraining and realignment to get me reestablished. At my age, and with my physical disabilities holding me back, it was simply a "no go", no matter how you look at it! After the judge asked some clarifying questions, she concurred... case closed.

As I alluded to in a previous post, I'm not counting my chickens before they hatch, but it certainly sounds like this time is a winner... I'll reserve final judgement until I get the determination in the mail, and receive the 3 years of backpay they'll owe me... minus the attorney's cut of course.

quote:

Originally posted by ZSMICHAEL:

Depending on your case, benefits may be retroactive.

Yes, they are!

If I recall correctly, the attorney fee is fixed by statute, a certain percentage or 5 thousand dollars whichever is LESS. Glad to hear you had a favorable outcome.

quote:

Originally posted by PD:

We’ll have to agree to disagree. I don’t know anyone who has gone through the process without an attorney nor would I attempt to do this alone.

What is your first hand experience with the system? We've directed many friends who walked their family member to the social security office where the paperwork was started and passe on.

Consider my posting history go back and confirm - I'm generally big on using professionals and generally very fast to recommend using CPAs or attorney's. But this is one of the very few areas where ANYONE that can contact the social security office can save some money.

Everyone is certainly entitled to their opinion. But, I'll be blunt - what are your qualifications to provide advice in this area? Have you ever helped someone through the process? I have. More than once. And it was as easy as telling them to go to Social Security and apply. At least make a first pass and see if you're approved.

quote:

Originally posted by SR:

quote:

Originally posted by PD:

We’ll have to agree to disagree. I don’t know anyone who has gone through the process without an attorney nor would I attempt to do this alone.

What is your first hand experience with the system? We've directed many friends who walked their family member to the social security office where the paperwork was started and passe on.

Consider my posting history go back and confirm - I'm generally big on using professionals and generally very fast to recommend using CPAs or attorney's. But this is one of the very few areas where ANYONE that can contact the social security office can save some money.

Everyone is certainly entitled to their opinion. But, I'll be blunt - what are your qualifications to provide advice in this area? Have you ever helped someone through the process? I have. More than once. And it was as easy as telling them to go to Social Security and apply. At least make a first pass and see if you're approved.

Absolutely agree! Go in, make the application, carry as much supporting information from doctors as possible, and let the SSA make the initial determination. You only need an attorney if/when you are declined on the first round, which it seems happens to at least 95% (or more) of cases on the first run, especially in Alabama and Tennessee! Even my brother when he was fighting terminal cancer had to employ an attorney in TN to get his approved after being denied on the first run!

The attorney is of no benefit until the appeals process starts, so don't waste the money. Period.

It's really nice - folks don't have to stress if they don't have records. SSA will contact the doctors and hospitals to get the records. If you haven't been to a doctor, in some cases they will set up and pay for appointments with specialists. (Records from your doctor are always better.)