Disability Claim that went as far up as Federal Court (Long)

Discussion in 'Financial, Disability and Legal Resources' started by kel68, May 3, 2011.

  1. kel68

    kel68 New Member

    Please bear with me as my typing has gone hill.
    My name is Kelley, I basically came to where I could no longer work after losing my job in 2003, Did get another one, made it thru training and then had a breakdown.
    In 2000 I was in chronic pain and didn't know why, saw a chiroprator who first showed me my x-ray of my neck, which shocked him. He showed me a normal neck where in the back of your neck you have a curve, well the back of my neck is straight, no curve but it still bends, but hurts, from there after a few visits i was referred to a pain dr, he stated he really thought I had FM. I went, yes I have that and CFS as well as DGD, degenetive Disk Disease, Myofacial Nueorapthy, Bulging disks on both sides of my neck, severe carpal tunnel, both arms. I also suffer from Bi-polar w/depression, panic/anxiety, asthma, bad enough to use 2 inhalers and a nebulizer. I filed for disability was denied twice, got an attorney who did nothing, told me to get my records, gave me forms for drs to fill out 1 day before court. Went to court, the man from SS was, the one that doesn't want you to win, but instead he flat out told the judge that I was 100% disabled and there were no jobs I could do, Due to the fact I would have have my feet elevated at all times, takes breaks every 20 mins, that is if i even made it to work with the panic/anxiety as well as side effects of meds.
    Well lo and behold I was denied. I didn't give up, I seeked out another attorney who has been great. The case went to Federal Court and she dug up evidence that my judge basically "picked and choosed" She had 20 different cases as evidence. He approved a lady with arthrtis alone but denied me with all of my ailments. This judge did this to many discouraged people. Federal Court saw this and I was approved for a new hearing because I had an unfair jugde and hearing.
    Ok, so now, I have lost all use of my left arm, cannot open my left hand and it is numb like it is constantly asleep and never wakes up. I cannot even hold a pen. I have 2 EMG for nerve damage and since the 1st test before my 1st hearing it was bad then. Now their test showed even more nerve damage and somehow this test was able to show the dr about the bulging disk on the right side of my neck. Already have it on left side of neck.
    I have finally received a new court date for june 9th. FINALLY. All I have been getting is medicaid, I have 3 kids, all have left except my younest who was 16. On March 3rd she took her own life and is no longer with us. Well w/o any sympathy I was cut off of my Medicaid. Right before I was to see a nuerosurgeon. I DO NOT blame my daughter. She too was suffering a different kind of pain. Bi-polar, depression as well as addiction. Her loss was not expected. She left a note that stated, "i Can't do this anymore, it's my time" Left me a note telling me how much she loved me and how sorry she was." I should have caught it when she called me to tell me she loved and said good-bye. She would never say good-bye, bye, or goodnight. To her it was final. Instead she would say cya later, cya in the morning. But on that day we left for 45 minutes and let her use the computer, which was not uncommon. I just didn't catch the good bye. But by the time my boyfriend got here I was at the dr and he noticed our bedroom door was locked. He found it odd and his heart sunk, he unlocked my bedroom door and it was too late, she had already shot herself. All I know was at 5:57pm she was talking on the puter and my boyfriend got in the house at 6:05pm, it had just happened, which means she locked the door for a reason, she had made up her mind to do it. It's been 2mths and 1 day and i am still in a dream world, numb. Was not allowed to see her or just hold her hand if they covered her, they knew it would have sent me over the edge. I stayed with my mom while the company my renters ins uses to do that type of clean up.
    So now my physchiatrist stated I am suffering from Post Traumatic Stress Syndrome. I'm back at my home, in my room where it happened, but I have no where else to go. But being here doesn't bother too bad, I feel closer to her if you understand. It's her room i will not go in just yet.
    So anyway back to my case I found out I go before the same judge, but my attorney feels it is a good thing because he was reprimanded for the way he did me and so many others. She feels he will remember my name and approve me. I keep praying she is right.
    At the same time I keep telling myself WHEN I WIN and not IF I win. My little girl will be there with me, my guardian angel, I look at it that way.

    So basically, Those that got thru this post thank you, I know it was long.
    I just wanted other peoples opinions and how they would feel or what they think about the judge that did the picking and choosing and my attorney literally dug it up.
    Any advice/kind words would be appreciated.
    Thanks again for your alls patience.
    Take care and for all those still waiting, Don't give up, I've learned that is what SS what us to do, we give up, they don't loose money. We stick in there, the more SS will realize, "hmmm, maybe we should this woman is persistant. They do say it pays off in certain situations. I've been waiting since 2004, I'm not about to throw in the towel. I can't, I'm just getting worse and will need neck surgery but w/o ins, i am outof luck. So I have to be positive, even as down in the dumps I am since losing my daughter.

    Thanks again,
  2. TwoCatDoctors

    TwoCatDoctors New Member

    I want to answer your post. I'm recently out of the E.R. and I'm beat right now and have to get off the computer. I hope to be back on tomorrow to reply to you. I'm so sorry about your daughter and for everything you have and are going through. Please don't give up because we care. You want to get mad and to fight for your disability that you deserve. Many, many hugs and I will return to post a more involved post. I am running right down.
  3. TwoCatDoctors

    TwoCatDoctors New Member

    First I want to tell you that ProHealth is a wonderful board with many good people. ProHealth does not provide any attorneys, advocate or representatives to provide opinions, answer your questions, direct you to attorneys or assist you with any case. The answers you receive are opinions and suggestions from regular members like you. I personally have gone through the SSD (Social Security Disability) process and did win within less than a year.

    I'm glad you posted and felt safe to post all that happened.

    I am so sorry about your daughter. For some of our loved ones, they experience great depression and pain, and that depression clouds their ability to see the many options they actually have--they become short sighted and feel suicide is the only way out. When they focus on suicide many keep it close to the chest and don't talk about it--those you can't see it coming to get help for them. People who commit suicide don't think ahead to consider what it does to the loved ones left behind and how it transfers their pain from them to you. YOU ARE NOT THE CAUSE, THERE WAS NO WAY YOU COULD HAVE STOPPED THIS and I'm so sorry this happened to you. I'm sorry that I can't be there to give you a huge hug.

    This loss of your daughter would cause PTSD to you without any doubt and your psychiatrist should provide something in writing to advise SSA (Social Security Administration) of this added ailment that you now deal with. I don't mean to dismiss your loss, but in dealing with your SSD case at hand, that loss has definitely added an ailment of PTSD that SSA must add to your case.

    As to attorneys, yes there are ones that are not good. I personally believe that your attorneys should meet with you a month or more before the hearing to have you review the medical records in the attorney's file as a final check to guarantee everything is there, updated, and has been submitted by the attorneys to SSA. This is what I consider a pre-flight check to get you on the runway to the hearing. If records are not in the file and not submitted, it can pose a very serious problem to a successful outcome for your case. For your attorney to submit mass medical records the day before the court hearing may have prejudiced your case and may have been potential legal malpractice. My personal opinion is that it was foreseeable to be prepared ahead of time for this hearing, so getting records the day before is unacceptable and may have caused the judge much unnecessary inconvenience and may have angered any judge and added potential prejudice of your case and potential legal malpractice by your attorney. I personally believe the attorney was lazy. My personal opinion is also to find the State Bar Association for your state and make a complaint about this and that you were denied and your attorney preparing the case for you send in mass medical records the day before the hearing which may have prejudiced your case giving you a denial.

    I believe the attorney should have you in for a meeting a few weeks before the hearing to discuss what to expect at the hearing, to go over questions you may be asked by the Judge, any vocational counselor (can't think of the right name and it's vocational something), and the answers you would be giving. This is called "prepping you for the hearing." Not all attorneys do it, but many good attorneys do it because it makes the client aware of what to expect so they can respond appropriately, it tells them questions their attorney should answer and not them because it may be a legal question for an attorney and not a claimant question for you to answer. This prep session also usually tells SSD claimants what they should wear and NOT WEAR to the hearing, what to expect as to waiting, seating in the hearing, etc. It's good to know if you're going before a tough judge that gets mad or upset or looks for certain things in SSD claimants. Your attorney is there to provide a smooth runway and landing in the hearing and to make that hearing as uncomplicated as possible. To have not prepped you prior to the hearing, sets off some red flags for me. If you make a complaint to the State Bar Association of your State, I would also mention your attorney didn't call you in for a meeting for any preparation for this very important hearing, and you believe he/she should have.

    I also believe that any complaints you make, should be photocopied and carbon copied to the Better Business Bureau and with a cover letter to the BBB you state you are filing the complaint with the BBB also. Most attorneys are connected with the BBB, and some aren't. But I always submit copies of complaints to the BBB if it involves a dispute on anyone providing me a service and I tell people to always check the BBB before hiring anyone because it is another good resource to find out about attorneys, doctors, vets, and even contractors.

    I had to go to the Vet Board about a problem vet many years ago and I copied the Vet Board complaint to the BBB, to the County pound (where this vet was paid to do spay and neuters) and to the various city organizations that he proudly displayed plaques on his wall that he had membership in. (See he posted those plaques and then unhappy clients like me just copy the complaints to those organizations too so they turned out to be useful). I also stopped payment by credit card by sending the State Vet Board complaint to the credit card company and they stopped the payment and later determined no payment per the final Vet Board determination. So EVERYBODY knew that he botched up bad, he had a complaint before the State Vet Board and I was an unhappy camper that was not going to let go. He was sanctioned by the Vet Board for his conduct and lack of communication with the client, I forwarded a copy of the Vet Board Determination to the BBB so the complaint and resolution stood on the BBB records, and not long after that vet left the state for good.

    As to ALJ (Administrative Law Judges), some are good and some need to step down. There is a judge who years ago determined that Fibro would only be approved if the SSD claimant were treated by a Rheumatologist AND that Rheumy did a 14 point test and submitted the results of the test to SSA for the claimant's file--without both of those, Fibro people were denied. The SSD attorneys were up in arms and felt this was not right on an online Board that is mostly SSD attorneys and some anonymous SSA officials. What the attorneys finally came to was that ALJs are under little control and they set their own rules for their own hearings. So this judge was allowed to be very strict and SSD attorneys learned to submit exactly what he wanted so they could win their cases. In our state, we vote in judges for many of the offices--it may be time to consider putting ALJs on the ballot too.

    My personal opinion is that when the case goes out of the SSA system and goes to the civil courts and is remanded back to the SSA system for rehearing because the ALJ erred in his denial, I personally believe the ALJ who erred in the first place should be replaced by another judge for this new hearing. If that was implemented, the ALJs that erred so much may very well begin being removed from the bench and replaced by ALJs that would not err as much and cases would not end up in the civil system.

    I am so glad that you now have a good attorney. I hope that attorney has filed a notice with the prior attorney firing them and releasing you from all representation by them and sending an original of that notice to SSA. Your new attorney probably already filed this and a notice that they are now taking over your case. If not, when you are approved, you may find that the first attorney gets some payment from SSA. You don't want that and you want to oppose that if it happens.

    I have a positive gut feeling about your case. I am so glad you have stuck through this and that's really important and I give you tons of credit for staying with this frustrating and exhausting system. And this time all medical records must be submitted way ahead of time to this ALJ for the June hearing. You can't piss him off a second time. I think your new attorney realizes this, but make sure. It's your case and partner with your new attorney to make sure everything is being done and what he/she suggests this time before this ALJ. You want to make sure you are aware of what you might expect before this judge that has had his denial remanded back to him--it probably doesn't make him happy.

    What I want now is for you to try to find resources and benefits that may help you. So bear with me as I get my brain to function and get this typed out to you.

    --One of the things I'm asking you to do is to go to www.benefits.org and complete your information at that website as it searches for benefits of all types that you may be eligible for. Don't ignore any help, and this is not the time for pride or to feel that you can't accept welfare or help of any type. This is when you accept help.

    --If you cannot afford your psychiatrist, you can call your local mental health society and see if they have low cost/no cost people you can see. I wish you would continue treatment somehow.

    --Also, the local mental health society can tell you about free local support groups in your area (depression support groups, bereavement support groups, survivors of loved ones of suicide, disabled support group, etc.) that can help give you people who understand and can give you a boost of support when you start sinking down. I'm in the local depression support group and the local disabled support group and they are great lifeline. The depression support group passes out good, helpful info at the meetings and it has been positive for me.

    --Also on the first bold thread on this board I have a post that is labeled something like FREE/LOW COST PRESCRIPTIONS/MEDICAL and you can check there for medical help, mental health help, help with prescriptions. At the very bottom are some other places that may be able to refer you to associations near you that might offer help on some of your ailments too.

    --Call your main number for your City and ask to speak with the City Social Services (I again can't remember the exact name) for assistance and help as you are disabled and need services. Some of them can put you in contact with Catholic Services, which is a non-denominational agency and they sent in a one time check to my natural gas and electric that covered a few months and they appeared at my home with I think it was 5 or 7 bags of food. It really made a difference for me.

    --The City Services also gave me a card for food stamps and I had to go to the food stamps place to activate it and I had food stamps right away--even though my only son is an adult and I live alone.

    --The City Services also helped me to complete an application for welfare and medical care. Under your circumstances, you may be eligible for a small amount of welfare and for medical care even though your remaining child has passed on. Don't overlook asking because you will never get unless you speak up and ask.

    --I worked all my life and became disabled in my 50s from a bad fall. Other ailments followed. While going through the SSD system, I found resources were not advertised and I found many from recommendations from various places. If the place could not help me, I would ask them if they had a suggestion of a name and telephone number I could call. That many times led me eventually to help. My brain is empty and right now I can think of nothing else. I wish you the best and my prayers are with you. Take care of yourself because the SSD process is draining and you know that. Many, many hugs.

    [This Message was Edited on 05/06/2011]
  4. kel68

    kel68 New Member

    Thank you so much for taking the time to read my long post/book, and thank you tremendously for writing back. It gave me a lot of peace of mind and a lot of info.

    I wanted to let you know that when I found my new attorney, I wnet thru my whole case with my atty's assistant, who was so nice. Told me "no matter what, do not give up because that is what they want you to do, especially when we are looking at a back pay from 2003."
    Another thing she said was to write my old atty a short and sweet letter saying, "I will no longer be needing his services anymore". I had it mailed certified where it wold have to be signed for. My new atty did not want my old atty thinking he was deserving of any back pay. He never did a thing for me. The only type of meeting we had was 2 mins prior to my name being called. I remember sitting in that court room feeling so alone, like the new girl at a new school. This old atty sat there doodling, not once did he stand up and ask me questions, nor did he bring up half the ailments I have. I was so discouraged and hurt. I mean for the vocational person that comes, who of course doesn't want you to win, to tell the judge flat out there are no jobs this lady can do.

    I did want to tell you when it comes to meeting with my atty, she called me on Monday and we talked on the phone for over an hour. She did a lot of prepping, told me that she WILL be asking me questions and for me to look at her, not at the judge. He will intimidate you, this will be the same judge as before. She also said what she wants from me is to have diarreaha of the mouth. I thought that was funny. She also said if at anytime i feel overwhelmed she will ask if we could have a short break, she knows about the panic/anxiety. She also wants me to be there 1hr before court to go over more things. While we are waiting for june 9th she is still collecting more current medical records. I have to call everytime I see a dr, a procedure that was done wtc, wtc. She is really on it. This is an attorney who is deserving of the 25% of backpay. Speaking of backpay, I thought we were going back to 2004, but my atty said, no we are going back to 2003. So that would be a big chunch of change for her. But honestly, she does not come across a money hungry atty either. She remembers every conversations we have had, remembered what happened to my daughter.
    I thought about telling my physchiatrist about PTSD as a mtter of fact. Believe me, the whole incident has done a number on my mental status, depression, not sleeping, if i do sleep i wake up i'm just sweating and have nightmares. So when I do finally sleep it's only after I literally pass out from exhaustion.
    Thankfully my physchiatrist goes on a sliding scale. So that should be a problem. Prior to Kalley dying I had Meicaid which was great. Once DHS found out, I had to tell them, I was dropped from both. No sympathy from them whatsoever. No tips of what I could do when it came to paying for my meds. You know how much ant-depressants costs, it's crazy. Then u add my pain meds. So 2 anti-depresants and 2 pain meds. I get months supplies on all.
    I do know when it comes to my anti-depressants the makers have a hard ship program, they will ship a 3 months supply to either my dr or me. I have a friend who was approved the 1st time around and of course there are people like me that continue on, I won't give up, I've come too far. I've done a lot of online reading when it come to SS and when it gets to my point and how much the back pay is they don't want to approve a person, but at the same time they also look at how long I've stuck with it and if I wasn't serious I would not have appealed each time.
    Don't get me wrong and I'm not going to lie, but if or,(thinking positive) when I win, the back pay would be such a blessing, it would be one of those, "it could not come at a better time".
    BUT, all I care about is getting approved and not have to worry about waiting for a court date, etc,etc.
    I'll tell you this much, I have not had to do any type of leg work with this atty, the last atty did nothing, had me gather up my medical records, had me give my dr's those physchical actvity forms the day befre court. We all know that form would sit on a drs desk for months. I had one dr that did fill it out since I did have an appt that day. The clinic I go to is also a teaching clinic, so many drs you see are residents. This dr took the time out of his schedule, meaning making other patients wait and sat with me and went over the form and he answered every question. Stated that due to carpal tunnel i would have a very hard time typing, due to the degenitive disc disorder, fibro, CFS, eetc, I would have to have my feet elevated all the times, have to take breaks every 10 to 20 mins, that on the days I do make it to work. Due to the panic/anxiety I can't go into a walmart and have a panic attack and just leave my basket and leave. Nobody is going to hire me like that. I've gone from typing 80wpm to hunting and pecking due to my left arm having no feeling to it. The bluging discs on both sides of my neck does not help at all.
    Anyway the form that dr filled out for me ended up killing my case. The judge flat out said, "I don't see how a dr that has seen you 1 time can say your diabled" Now this is where my atty should have said, Your honor, this is a teaching clinic, her dr had her chart on a computer right in front of him, plus your lucky to see the same dr twice and that I have been established since 1986. Nope, he said nothing. I nudged him once and he just looked at me like looks could kill. Honestly I feel that back then he saw how much back pay there would be and he woudn't get squat and that is why he didn't do his job.
    The atty i have now, like i said is on top of it. Every time I see a dr I have to report to them, let them know how it went, who I saw. Then they request the records from that dr visit.
    The only things I have had to do is sign forms regarding relase forms thay send to my dr. Then yesterday she sent me a form to fill out listing all the meds I am perscribed. There were so many I had to use the back side. Aside from that, I haven't had to do anything.
    I am nervous because we go before the same judge. The one that was reprimanded for picking and choosing. My atty said it may work to our benefit. It's going to be the same vocational as before, the one that said there are no jobs she can do. So that part is good.
    During our phone meeting my atty asked me, "have you gotten worse, better, or the same". I told worse, which is the truth. My atty was like,'"yes, that is what we want you to say, plus we have all your medical records frome the last case to the present that shows I have gotten worse. There are no surgeries to fix fibromyalgia, CFS, bi-polar, etc,etc. Before my daughter passed away I was going to be meeting with a neurosugeon to discuss neck surgery. Even if that happens it won't cure everything.

    I'll stop yacking for now, Thank you again for all your insight. It was very informative.
    Please keep in touch. I will update on the status of my case. June 9th is right around the corner. Plus, I feel like my daughter will be there like a guardian angel. She wanted me to win as much as me. I know it sounds cheesy, but she will be with me in spirit.

    Thank you again,
  5. TwoCatDoctors

    TwoCatDoctors New Member

    I'm so glad to know you have a really good attorney to help you. What was interesting was that the judge originally said how could a doctor say you are disabled on one visit---but one visit is all that the Consultative Examination (CE) doctors get that the state uses for SSD purposes and they give their medical opinions. So you are right and your first attorney should have jumped on that in many ways.

    Just to have all ducks in a row, you may want to send in a notice to SSA that you fired your original attorney on XXX (date)--if SSA has nothing in their records to indicate you have fired that attorney, they may believe you have two attorneys working for you and it may cause some confusion when you are approved and money is split between the two attorneys. The first attorney should not receive anything--but attorneys are paid first and so quickly that you don't even know it, while you wait for however long to get your money. I don't know if your attorney put in a notice saying she was taking over for your first attorney or how she worded it. It has NOT been unheard of for a prior attorney to get mistakenly paid and then it is your problem to work out getting that money from that attorney.

    Continued prayers for you. You are fantastic.

  6. deb_46

    deb_46 New Member

    I was turned down on my first claim at the ALJ level opened a second claim and got approved immedidately without even going to court. My first claim (which is where all my back pay is) got picked up by a different attorney and taken to the federal level, won there and sent back for another court date. Got the date and got a rotten judge again and once again turned down. Appealed and turned down @ appeals council level and are in the process of fighting that.

    So I finally got my SSD after 3.5 years of fighting but they are trying to screw me out of all my back pay as they made my date of disability the date I was turned down by the first judge in 08 instead of when I came off work which was 04. Plus my check is nearly $500.00 less a month than it should be as they penalized for the 4 yrs. that they say I wasn't disabled yet they approved me for SSD in 08???????????????????????

    I wish you well on your new court date and pray it goes better than mine did. I am so so sorry for the loss of your daughter and will keep you in my prayers.

  7. kel68

    kel68 New Member

    first of all sorry it has taken me so long to respond. My 16yr olds death has been 3 months ago now and i am still taking it one day at a time.

    Second, Thank you both for responding, I so appreciate it. Also, yes, as soon as I hired my current attorney she advised me to send a short but to the point letter to my previous attorney stating I would no longer be needing his services. It was mailed certified, signature required for the same reason that was mentioned. So he could NOT try and collect on any back pay I may get. Heck, he did nothing as it was. When my case went to Federal Court to decide if I received a fair hearing I found out that when we went to court, unbeknowest to me, there was basically no evidence. I told my new atty how the old one sent me out to get my medical records, gave me the physical activity forms to give to them a day before court as well as the mental assesment form to fill out. Like I mentioned in my first post my family dr, who I might add I have seen several times since that hearing was the only one kind enough to fill it out, resident or not. He had all my records on his hand held computer and also knew I had been going there and been established since 86'. All 3 of my children were delivered by the same dr. My oldest is 23yrs old. But like I said, When my old atty showed the judge that form that was filled out and the judge read it and stated "I cannot see how this dr, who has seen you 1x can say you are disabled". First of all, he had to have his superior go over it and sign it, who is a full fledge MD and also sign off on the form for the handicap form for my car. That is when my atty should have stood up and said something. Nope, just kept doodling, I even nudge him, all I got was a look from hell, like how dare you bother me while doodling. On top of that I was never breifed so I didn't dare speak up for myself. The more I think back the more it infuriates me. I remember sitting next to him and realizing the folder in front of him, which was mine was awfully thin. Compared to all the medical records I brought him or had my dr's fax. It should have been a very thick folder.
    But what really blows my mind is how the man that was there from SS stated flat out. "Your honor there are NO jobs this lady is able to do, she is disabled" Then to still be denied. Also not once from when I first started was I asked to see one of their dr's, which I found odd. I mean I have some friends who were sent to their dr's. Most of them.

    Now that I have my new atty and explained to me why when my case was sent to Federal court and we were not allowed to submit any new medical evidence was because it wasn't about me being disabled but to see if I was given a fair hearing. After much digging on her (All I have had to do for this atty was sign release forms that she mailed me and have my daughter fill out a witness form because she was there when I had my seizure and they asked her to fill it out, which she did. To this day, that little girl of mine saved my life. RIP my sweet pea.) Anyway, granted when I had my seizure I was behind the wheel, I was leaving one of my best friends house, had been there like 8hrs, hadn't taken my xanax in a couple days, hadn't eaten, was under a lot of stress, Kalley had just come home from a children's recovery center, where she had been for 3 months. She came home Sept 14th 2010 which was a Tuesday. Whenever she was released from a facility (she was considered a frequent flyer) which in most cases ranged between 2 weeks to 3 months. I know one place she was gone to one place where my boyfriend or fiancee or common law hubby of 13yrs would drive every other week for our face to face family sessions. At one point she was in Miami,OK which is 2hrs from Tulsa. But for one he hated me driving that far away alone and another it took a toll on me physically going there and coming home as well and also mentally because I hated seeing her in those places. Not to go totally off subject but when she would call me she would tell me they were watching "Intervention" Kalley would tell me how much the kids liked the show but also hated it. The beginning of that show if any of you have seen it always shows the addict "before" showing their drug of choice, how they used it, smoked, shot it, snorted it, etc, etc. So all those kids would see were drugs, which of course made them crave it more, showed them drugs they never used and how to use them. (Sadly Kally learned how to shoot up on the internet, I'm lucky to get the guts up to give myself my b-12 shots in the muscle on my thigh, oh, no she didn't get syringes from me, I caught her the time she tried snagging a package and just kept 1 or 2 here and brought the box of 100 i was prescribed to my moms who is a nurse to lock up, hide or whatever, i would just go to her place weekly and let her give me my weekly shot, she never left a bruise and I always did) ok anyway, sorry, back to that Intervention. Like I was saying the kids didn't care about the outcome, they were all too busy literally craving the drugs being shown on whichever episode. Even if at that time a particular child had never done that drug being documented. The cravings were still there.
    So anyway, with that being said I made a point during one of the sessions to bring it up before they brought her in. It literally fell on deaf ears. I mean I could hear it in my daughters voice when we talked nightly. After 17 facilities you not only see the signs but hear them too. Yes, she was hospitalized 17x but all but 4 were different places, the other 13 were 1 place in town and the other 12 was also in town same place 12 seperate time. She knew that place like no other, would beg to go to that, she knew their system and how to manipulate, Like I said I hated her being locked up, but she would do it to herself. Dirty drug tests while on probation, shoplifting, juvy, then juvy would send her to that facility because they always seemed to have a bed available.
    Please bear with me, between my bi-polar and manic depression and court today at 10am I am just a little wired/nervous and afraid to go to sleep in case i oversleep. It's 6am now and my atty wants me there by 9am and court is ai 10am.
    Back to Kalley real quick, like i mentioned I made it known how I felt about letting the kids watch it. She was there 3 months, within 1hr of being home she was out doing drugs, put in juvy and back to the familiar facility while waiting for an opening in Norman,OK another 2hr trip in the opposite direction. Same thing, 1 week phone session, next week face to face and more driving, bob nor I never gave up on her. That lasted 3 months til she was released that Sept 14th, was a Tues. The first couple weeks home, when she did do good was rough, we fought, argued. It was a transitioning period for all of us. I just knew when she was locked up she was safe and I could sleep. But hated living like that. So anyway, on Sept 17th I had my seizure. Left my friends, just so happened another friend in the complex, which was a small parking lot, asked me for a cig on my way out, didn't know the exact bldg so was not going but 1/2 mile to a mile. Was looking for him then the bldgs were like closing into each other and then towards me. Last I remember is my head going to the right, hearing Kalley screaming, I kept saying I loved her and didn't want to die, but she didn't hear it because i was thinking it but nothing came out, then everything went black. Next thing I know I wake up freaking out, already on a stretcher, my best friend kept telling me everything was ok, I guess I kept saying I was sorry over and over. All she said was Kelley, you didn't hit anyone or anything, Kalley turned the car off, a lady called 911 while kalley went to get my friend. EMSA put me in the ambulance asked questions, but everything was hazy, except they had to be cute EMSA guys and I had urinated. LOL. Oh well. They asked if I wanted to go to the hospital, I kept saying, do i have to?, they were like well no, we can't force you, but if you have never had a seizure and was out for a good 7mins they advised. I took one look at Kalley and she knew how stubborn I am, but I could see it in her eyes w/o her begging me to go. I went, boiled down to stopping the xanax abruptly, the stress and no food all day. I was given ativan, was told to see my physchiatriast asap and released after like 7hrs. Not because of me, but Friday evening at the ER,
    Back to my case, my atty now is really on the ball, I mentioned she dug into my judges past cases and found case after case where he would approve someone with like arthritis one ailment, then denied me with, I've lost track. But I do know she sent Federal Court all that, I was approved for new hearing and the judge was reprimanded. Once we were told I did not get a fair hearing it was the new court date waiting game. But this time I was able to submit a whole bunch of new med evidence proving I am not improving, getting worse. She did send a letter to that one dr, who i have seen more than once now, she basically said, you were kind enough to fill the form out before, would please fill it out once again with updated med records. He did.

    Anyway, I know was long, thank you both for listening to me.
    Like I mentioned my hearing is today Thursday June 9th at 10am.
    Thank you both for responding. My atty really believes we will win. We are going in this time with so much more evidence, also she is going back to 2003 for back pay, we will see..the back pay would be great, even greater if they agree to go that far back. But they may come up with a number and ask me if I would agree to that amount. My atty did say, it more than likely won't happen, but if it does, she advised me to agree, if not we start all over again. I'm done and just want to get this taken care of. So i am not sure if I will know for sure today. I've been told this judge, same as before does not make his decision right then, where some do. But since he had been reprimanded my atty who i might add is very outspoken, no afraid to stand up for her client, on and on. so who knows, he may see me, remember the name, see the new evidence as well as the person from social security and give me an answer. Trying to stay positive. She told me she has a good feeling about this and I know she has worked her butt off for me. So she deserves her %. Personally I think my 1st atty didn't care either way, the back pay wouldn't have been squat. But still he could have tried or just tell me he wasn't able to take my case.
    Yes, this has been a long time coming, but if things turn out the way my atty feels it will, then it will have been worth the wait. Oh yeah, didn't know this til yesterday when I called and spoke to one of her asst. Not only is she an atty, she is an Author..of what I don't know, but will ask, and her sucess rate is 99.9%. Made feel much calmer.
    So once I get home, unwind, I will let you all know how it went. I just ask for prayers to be being said at 10am for the judge to find favor on my behalf and maybe by miracle a decision today.
    Thanks again and will be post soon. Take care
  8. TwoCatDoctors

    TwoCatDoctors New Member

    I'm glad your hearing is today. It sounds like your attorney has everything under control. It has been a long pull for you and I hope you are approved today and the judge tells you so today to make it even easier. Many hugs and prayers. Let us know how it went.
  9. kel68

    kel68 New Member

    I just wanted to let you all know how things went this time around.
    First of all my atty was there before me. She had a stack of what looked like those giant yellow pages phone books put together. I mean she had it together.
    We went in and the judge, the same as the first one was so much nicer to me than the first time.
    There really not much to say except, my atty said things, gave the man from SS that was there, who was there the last time. He once again told the judge that there are no jobs I could do. Judge asked why, he stated due to the fact she would have to take many unscheduled breaks, Most jobs would not have accomadtions for me, my bipolar, anxiety/panic would cause me to miss work often. They also addressed the fact that the dr that said i was disabled in 08, filled out another form my atty sent him to fill out asking him if I have gotten better, stayed the same or declined. He filled it out and stated I've declined. Once the judge read that and the SS guy said that they were both in agreement that I was disabled. My atty decided not to bring up anything else at that time, she didn't want to ruin what she knew was already a done deal.
    The bad part is, this judge does not make his decision then and there, where other judges do.
    Anyway, the hearing was 10mins if that. My atty walked out with a smile on her face. We went into a room to go over things and basically said, She would fall off her chair if I was denied. Also stated she felt there was less than 5 percent chance of me losing.
    The only thing she hopes doesn't happen is the judge going back to 08' when my dr filled out the first form since I have been seeing a pain dr and physchiatrist all this time. She is pushing for back pay to 03'. She said she doubts he will go to 08, but to be prepared and if it happens that way take it. Better than nothing and better than starting over. 8yrs is long enough. Believe me I would love to get the back pay from 03, But 3yrs of back pay is better than nothing and it will be all over with. Which I want.
    I asked her how long does she think it will take for a decision and she said it could be 3 months. Of course my jaw dropped...but thought, i've waited this long I can wait.
    Also she stated she about 96% chance of an approval, Everyone was happy, but I was just there. Until that letter gets here then I will be ok.
    She did say she doesn't think it will be 3mth since he knows how long i've been waiting, according to her she wouldn't be surprised if we heard something in 3 weeks. That would be so nice. Believe me, it has been a long road. Since my daughter died I lost all my medical benefits. Makes it hard to pay appts and scripts. Either way, my boyfriends ins starts in August and you don't have to be married for me to be on it. So if I haven't anything by then I can be on his. Community Care is good and all my drs take it. I was on medicaid and dr's my primary dr would send me to would literally look down on me. I was sent to one dr. a nuerologist, on my folder there was a bright orange sticker stating allergies to all NSAIDS. Aspirin, Ibruprofen. He looked in my chart, saw medicaid, closed my chart, gave me a sample box of Celebex, Ibruporfen in it, and sent me on my way. If i wasn't smart enough to check every med i am prescribed he could have killed me. It would have caused anaphlaptic shock. I told my pain dr appt him and they no longer use him. I just was so insulted how that dr treated me.
    I am just going to be glad when all falls into place. My boyfriend had been out of work since Nov. was on unemployment, then a construction remodel came up, lasted a month, nothing since then. Thank God for my brother, he got him a job where he works. their policy is they have to be temp for 90 days. Let me tell ya, within 2 weeks as of temp, they made him head of maint. He just became perm and got a 2.00 raise,nobody gets raises that big, then another raise in July. Bonus of 500 for christmas. we haven't had a christmas in 2yrs straight. No work, no money. So things are finally looking good. Now for that approval letter I pray for everyday. That would be a blessing. We had to get a car cause ours just pooped out. its a 2008 Ford Fusion, 30.000 miles, all the bells and whistles. sticker price is 15,000, but its set up for 390.00 a month for 72 months, which makes it 30,000 Oh no, if i win, that is what i am going to pay off. Then past due bills. I don't want to sound greedy, but i hope and pray they go back to 03. Either, i just want approved. This whole proecess is so stressful to where u want to just give up. But I didn't.
    Thank you all for your prayers and thoughts and hopefully I will hear something GOOD soon!!!
    Will let you all know.
  10. TwoCatDoctors

    TwoCatDoctors New Member

    I'm glad that hearing is over and I realize there is alot of stress leading up to it.

    Let me give you some insight into judges and hearing decisions. Some judges type up their decisions themselves and give them to their secretaries to tidy up and finalize. Other judges have "clerks" and tell the clerks to prepare drafts of the decisions for the judges to review, revise, and then approve (remember the clerks have to pull the claimant's file to get all the proper info to prepare a draft decision). One clerk said as part of budget cuts, SSA changed him to working for 4 judges and he was overloaded. That obviously would cause a backlog on getting decisions out to claimants and getting them through to the Payment Center for processing of the money. So that is a reason why for some judges the decisions can be so long in getting out. Also some claimants have waited longer for their decisions. I hope you wait a short time.

    I'm hoping your backpay goes back to 03 also. I am also thankful your brother got your boyfriend that job and it has gone so well.

    If SSA approves you and they set the the date of disability back to 03 or even 08, you will be eligible for Medicare immediately.

    Good luck and many hugs. Prayers for you.

  11. kel68

    kel68 New Member

    Well, I wanted to let you know that when Bob got home Friday after work he checked the mail. Lo and behold there was this thick envelope from Social security. When he walked in I happened to have been sleeping, sinus headache. Anyway, he was like, Kelley you got a thick envelope hear from SS!!! He said he couldn't run fast enough to the house.
    Ok, I sit myself up, get prepared, which meant grab a cigarette (Yes, I know I need to quit and have been working on it hard) got me a pop. Put the enevelope in front of me, said a small prayer to God to find favor with me.
    Slowly opened it up and I will be darned, It stated, "Notice of Decision-FULLY FAVORABLE!!!!
    I won! I won! I won! 8yrs of not giving up and I finally got it. It took 1 day away from a month. Not too bad. It said, claim for-Period of disability, Disability Insurance Benefits and Supplemental Security Income. It stated I was approved for all those, which I am totally confused over, but will be getting me more letters from SS regarding the decision, my medical and hopefully a backpay check. I called my attorney to let her know because she had told me that the claimant usually finds out before they do. So while we were talking she asked me to look at my paperwork and see if there is anything in there about the onset of disability. So page after page I scanned thru. Came to this one page that stated "The claimant is alleging disability since Sept 2 2003." Then it states a few paragraphs down, "After careful review of the entire record, the undersigned finds that the claimant has been disabled from September 2, 2003, through the date of this decision," It also states "The undersigned also finds that the insured status requirements of the Social Security Act were met as of the date disability is established." Like I said, I called my atty and told her what all it said and she was so happy for me saying congratulations, i told her congratulations and thank you to her, if it wasn't for her and her hard work we would not have won. So I thanked her. She pretty much knew we had won, she was just concerned about how far back he would go, would he base it on the form filled out by the dr in 08' or go all the way to 03'. She was so happy to hear he is going back to 03' I asked her when I should expect the back pay and how soon medical starts. She was telling me she has had claimants get their checks before their approval letters. she said it could take up to 60 days. But once again she said she doubts I will have to wait that long. She also said, "Do you realize how much money you are about to have?" Honestly I don't. But either way, no matter how much I am just glad this whole cycle is over with.
    There was one sentence that I noticed on the last page which gets under my skin a little. first of al it's not set in stone, but states "A determination to appoint a representative payee to manage payments to the claimants's interest is recommended." First of all didn't see that sentence while taking to atty, when i did she had already left for the day. Like I said, it's not set in stone, but I don't want anyone telling me how to spend my money. i'm an adult, ya know? But if it came down to that I'm wondering if my boyfriend would be able to distribute it to me. I'm quite frugal and so do whatever they want to do. Would be so nice to have a big ol check in the mail tomorrow or soon. Either way, I've won. I will get my backpay. Things are falling into place. Thank you for always listening and posting. I will let you know when I get my backpay. Take care, hugs to you.
  12. TwoCatDoctors

    TwoCatDoctors New Member

    That means you are eligible for Medicare right now. Since you have the decision, call Medicare to ask how you should go about getting Medicare.

    Also, you will be getting a large amount of back pay. Once you get that large amount (which if you are SSI will be broken up into several payments--but if you are SSDI will be in all one payment) it may end up having you pay taxes for the year in which you receive it. When you get it, it would be worthwhile to talk to your attorney or see a tax person to find out how it will work and what you should do to make sure you keep it and whether you should file taxes for years back to 2003 to divide it and claim it for each of those years (and probably not pay any taxes at all) so that you would not be hit with taxes. This is where it gets a bit hairy and i want you to start thinking about it so that you don't forget and later get hit with a huge tax bill.

    I'm so glad you succeeded and it shows that sticking with it--even for many years--does work. Many many hugs.
  13. kel68

    kel68 New Member

    First I want to thank you for always responding and helping me keep my chin up. It's Aug 4th, 4am, can't sleep. yesterday was kalleys 5 months being gone, so it was a very rough day of a lot of crying. Did talk with my oldest daughter for hours, she comforted me. Went to my best friends house which helped so much. We both cried, she loved her so much too. Then we got through it and I enjoyed spending time with her and the kids, especially her new baby that was born in Jan. Almost 7mths old and such a cutie. I call him chunky monkey, I asked my friend if that was ok, some people get offended if u call their baby chunky. She was fine with it and I'm the only one she says that is allowed to call him that because of me, she is the greatest friend in the world, always there for me. I cherish our friendship and look at her like a sister I never had.
    OK, I wanted to let you know I am still waiting for something. I did get a letter that I was denied SSI but was still disabled and will be on SSDI, which my atty wanted me to have. They said it would take up to 60 days and I have just gotten one letter regarding the SSI. I know I will be getting a big check as my atty has told me, she told me look at it as a trust fund,meaning it's that big. Only thing is, I have not received the award letter or anything yet. I know it takes some time but right now we are struggling badly with finances. My atty did tell me since I didn't get SSI and got SSDI it means they don't take like bob's income in effect or anything like that. She also said we would be able to get married. I had my court date june 8th, approved july 7th if I remember right, only took 1 month. Of course now i'm being so impatient and so confused what happens next. It's the waiting game is what my atty said, can take up to 60 days. I guess after waiting 8yrs I'm glad it's over but confused as to why i have not gotten anything. Atty said be patient, sometimes it takes awhile due to SS being backed up. So I will wait and see what happens. Thanks for the advice regarding taxes, didn't even cross my mind. I will post when something comes in the mail and keep u updated. I waited this long and can wait for just awhile longer. Hugs back to you. Will write again soon!! OH, btw, I was able to be on bob's insurance. So I don't know how that will work with SSDI. I will call atty and find out. Am I allowed to not be on medicare if I have insurance?? Since they take money out of your check for medicare, but if i don't need it am able to say no to it? Very confused. I will figure it out. Things will fall into place soon, things always seem to work out a the perfect time. Anyway, thank you again. Take care.
  14. TwoCatDoctors

    TwoCatDoctors New Member

    Kelley, I'm glad you have such a wonderful friend to share the pain of your loss but also the happiness of her baby. I'm so happy you have that great friend.

    The SSA Payment Center is a place all to itself and has to put everything into it's system from the judge's decision/paperwork. In my case, I was approved at reconsideration (which my state has and not all state's have) and I got a strange letter in the mail with instructions on logging onto the internet which I later found out meant I had been approved and then days later received my official approval letter. It was backwards and the approval letter was supposed to have been sent first.

    Keep in mind that when you are approved, your case is also looked at to make sure there are no outstand liens from Welfare that may need to be paid first before you are paid or workers comp money that must be paid. So it can slow things down. I also understand that Quality control looks at your case to make sure everything was correct.

    Plus budget cuts hit many areas of government and that included SSA. I know a few years ago when staff were leaving SSA, they were not replacing them and that meant more work for fewer people (similar to the regular business world and I read discussions in the newspaper about offices not replacing staff and thus fewer workers, bigger workloads and it was causing some slowdowns on completion of work). Also, if your case is an extremely old case, it may be one that is a physical file instead of the new ones that are on the computer and readily accessible.

    So you know you will get the money, but that it will take some time. I received my monthly SSDI first, then later got my back pay. Take care and it will arrive. Remember that when you start receiving your monthly SSDI check, to notify any places where you may have been receiving aid. Our welfare offices here require you actually come in and fill out a form to tell them you are receiving monies (such as SSDI/SSI or other monies)and they will stamp the completed and signed form with their date stamp and provide you with a photocopy and that is the notice they accept.

    Take care and things are turning around for you and I wish you the best. many, many hugs.
  15. kel68

    kel68 New Member

    Read your message, wanted to let you know your advice is great to know about. Thankfully I was never on welfare. I was way back in my 20's just starting out with kids for a bit. But once I got married to my in 92 was off welfare. When the kids were living here, all 3 I did get food stamps and medicaid but no check. As of now since my son moved to CA and my oldest is 23yrs old, 2 kids and married have moved out and my kalley died I no longer get anything. Also no outstanding workmans comp cases either. I haven't been able to work since 2003.
    Once Kalley passed away they cut me off of medical and food stamps so fast. I reported it right away, They were so rude and non caring. Like they could care less. But I did the honest thing and called right away. I only received that because of the kids. My atty's office told me if it was just a back pay of 1,000 I'd have it by now. They also agreed I may get a monthy disabilty check before back pay or even award letter. At this point, anything will help. I understand about their case loads, just calling there is a long wait, so I can only imagine how backed up they are. But still being patient, it will come just when i need it the most. Sure right now it's rough, but it will come just at the perfect time. staying positive and patient.
    Thanks again for stickinig with me thru all this. ((((((HUGS)))))
  16. TwoCatDoctors

    TwoCatDoctors New Member

    I forgot to mention. Keep close to you about getting a lot of money from backpay. These economic times are so tough that it might be tempting to others to consider trying to rob you, or you can end up with loads of relatives and other people wanting money from you. We don't think it may happen, but if you listen to any of the programs of the lottery winners, and they are inundated with people and relatives coming out of the woodwork wanting money from them and some begin to feel unsafe.

    So just a word of caution because you will have quite a bit of back pay. Take care and many hugs.