Born Tired SSD from Dara

Discussion in 'Fibromyalgia Main Forum' started by Dara, Apr 28, 2006.

  1. Dara

    Dara New Member

    Hi, sorry it took me so long to read your post but I've been really sick the last three days. Must have been a really bad gastreological virus or something.

    Anyway, in answer to your question reagarding SSD. I'm not totally sure if I understand your situation, but I'm assuming you were denied and are not receiving any SSD? Is that correct?

    If it is, I would most definitely try again for SSD, and the SSD advocate you have is probably just as informed with the laws as any lawyer is. Truthfully, I felt i did more work on my SSD claim than my attorney did. I would send him the information along with a letter, and all he did was basically rewrite the letter on his stationery.

    Of course you feel better now that you aren't working, which just proves the reason why you are unable to work. It just goes to prove that working is not a choice you have due to your health problems. Also, I read your bio and your age is the same as mine, I'm almost 60, according to the SSD we are of an advanced age!! Less likely to be hired by an employer.

    When you originally filed were you denied, and then filed an appeal and denied again? That is what I did, so then my attorney filed for a hearing in front of an ALJ. On the same form #HA-501-U5 (5-96) "Request for Hearing by Administrative Law Judge", there are two boxes to check off in box #7. The first one is "I wish to appear at a hearing", that's the one my attorney had me check off, the second box is titled "I do not wish to appear & I request that a decision be made based on the evidence in my case. (complete waiver form HA-4608. After I saw the 2nd choice I asked my attorney why couldn't I check that box and take my chances on an ALJ without a one on one hearing. He said that I could, and that even if the ALJ denied me again, I would still be scheduled for the requested hearing. I wondered why most people don't do this, it saves you time if you win, plus the attorney gets less money because you would get less back pay.

    Let me know if I answered all your questions. I have so much paperwork on this stuff I'm sure I could find more topics that might help. Hope this helps out, good luck, and let me know where you go from here.

    I forgot to mention this and maybe you already know this, but answer any questions with answers that would apply on your very worse day. We all have some good days, but you need to make sure they get the point as to how bad this is, so you are within your rights and should answer every question as if it's the worse that you have felt. Like if you were still working, could you really get up and get their on time and work 8 to 9 hours???

    Dara
  2. Dara

    Dara New Member

    Why, thank you so much, have a good day.

    Dara
  3. borntired

    borntired New Member

    Thank you for this advice. Your write beautifully. It's like speaking with some directly.

    I hope I get a hearing soon and that my age, work and medical history are taken into consideration.

    I'll keep you posted.

    Good luck and God Bless.

    Borntired
  4. Dara

    Dara New Member

    if you have been scheduled yet for a hearing.

    Also, to thank you for the compliment about my writing ability. I used to love to write letters, reports, etc., but with the Fibro Fog and all I haven't felt that I was doing that good of a job.

    So, thanks for the compliment, you boosted my confidence, and I think we all need that from time to time.

    Good luck on your SSD, hope you will be scheduled for a hearing soon.

    Dara