A waste of time

Discussion in 'Fibromyalgia Main Forum' started by WorldFalls, Jun 5, 2003.

  1. WorldFalls

    WorldFalls New Member

    My second disability hearing is on June 12th. For a while, I was getting my hopes all up thinking I'd get it for sure this time....it's been FOUR years since I started this SSI process. But I don't think I'm going to win now. My attorney told me that the judge hearing my case "doesn't believe in fibromyalgia." Great. Here I was thinking that I have a formal diagnosis this time and that should help my case. It all seems like a waste of time.

    My attorney wants to focus on mental issues. I have PTSD, depression and servere panic attacks, and as a result I rarely leave my home. I cringe at the idea of telling a judge about my history of abuse. I'm deeply ashamed of the way I am now. And I don't think telling the judge is going to work anyway...people don't get disability for PTSD and depression, do they? I've never heard of that.

    I have a lot of health issues, but except for the fibromyalgia (which the judge doesn't believe in) and maybe the PTSD, none of them are disabling by themselves. Do disability judges consider the combined effect of lots of health issues when making their desicion? I realize, for example, that asthma and allergies are not usually enough to disable a person, but when combined with IBS, frequent infections, chronic insomnia, low thyroid, neuropathy, carpal tunnel syndrome, recurring ganglion cyst in wrist that causes numbess and pain (it's been operated on but came back), ADHD and post concussion syndrome...I very rarely have a day that I can function like half a person, let alone hold onto a job.

    I feel physically ill at the thought of going before this judge again. He's kind of mean, and last time he spoke really fast...shot out questions so rapidly that I couldn't process them. I started to cry (which I HATE doing in front of people) because my brain was so confused. Last time I literally shook through the whole hearing. How do you get through this? Can anybody offer me any advice? Like I said, I rarely go into public. Under the best of circumstances, it's hard...this just seems so impossible.

    I'm rambling like an idiot, aren't I? I'm really in knots over this. I need to get approved, but I just don't think I'm going to. I've heard of many people on this board who have more problems than I do and they keep getting denied. It's all so frustrating.
  2. elaine_p

    elaine_p New Member

    My neighbor's son got a brain tumor that made him blind. Social Security denied him!!! Anyway, his mother called one of their senators and he was then approved.

    I'm about ready to apply for SS (my second time) and if they deny me again, I'm going to write my senator.
  3. WorldFalls

    WorldFalls New Member

    Now that you mention it, I actually recall a few other stories about people who wrote their state senetor and got their case heard quicker and was approved. If I get denied again, I'll try that. I guess, according to my attorney, if I get denied this time, I'll go before another judge (a third hearing) and it will take another year. But this is a good idea and does give me some hope. Thank you.
  4. coyote

    coyote New Member

    that a judge can just decide that he/she doesn't believe in a medical condition that is a legitamate disability. Hmmmmm.....I didn't know a medical degree came with that position.
    It seems like arrogance and power go hand in hand so often.
    I'm trying to deal with a boss that's the same way.
    It's very frustrating.
  5. WorldFalls

    WorldFalls New Member

    ElneClare, it's encouraging to know that somebody with similar issues as myself did get approved. Thank you for sharing your story. Yes, panic attacks can be disabling...I just wasn't sure if SSI judges were aware of that fact. Coyote, I agree...it does seem like a power and control issue with those judges. I bet if his daughter were to develop fibromyalgia, he'd start believing in a hurry. It really is infuriating. How dare they assume they know more than the medical doctors who treat me!
  6. MemoryLane

    MemoryLane Member

    At least the SSA acknowledges the existence of symptoms...

    Susan M Daniels, Ph.D.
    Deputy Commissioner for Disability & Income Security Programs

    She states in answer to a memo from an Administrative Law Judge refuting FMS & CFS as medically determinable impairments:

    "...the training did state clearly and unequivocally that individuals alleging CFS [in case cited] can be found to have a medically determinable impairment under the disability program given the presence of certain specified signs and findings."

    She goes on to say in same response:

    "Establishing the existence of a medically determinable impairment does not necessarily require that the claimant or the medical evidence establish a specific diagnosis."

    She was very clear on her message to him - The SSA has taken a definitive position that FMS and CFS can constitute medically determinable impairments within the meaning of the statute cited. In other words it doesn't matter what he thinks about their ruling.

    Also, the problem with settlement attorneys, is that it's in their best interest to drag out a case because they stand to earn a bigger fee. You have to watch them like a hawk. It almost makes you question the sanity in hiring one in the first place.

    Keep it up and give your attorney some pointers,