For those who have appealed their Social Security denial--Help!

Discussion in 'Fibromyalgia Main Forum' started by TeresaBnGA, Dec 20, 2002.

  1. TeresaBnGA

    TeresaBnGA New Member

    Hi all!
    For all those who have been denied Social Security Disability and appealed and had a hearing. About how long from the time that you filed your appeal did you get a hearing? I am in the process of filing my appeal and was wondering about how long it would be before I actually get a hearing.
    Thanks and Merry Christmas!
    Teresa :)
  2. LisaMay

    LisaMay New Member

    I'm guessing that you already had applied for reconsideration after a first denial. That's were I stand right now and it is not fun. Aren't you in Georgia too? I'll be interested to see what responses you get so I won't be so let down later.

    Lisa
  3. tandy

    tandy New Member

    I went thru all that appeal stuff,and being that it was so long ago......8yrs,I have somewhat forgotten,but I wanna say it took a few months to get a date for the hearing.Then 2 more months for a decision.But once i was approved,I got all that back pay too.So keep that in mind....they can drag their feet as long as they want,in the end you'll get your money if your considered disabled.
    I have a few medical conditions that were taken into consideration.Good luck!!!
    Tracey
  4. TeresaBnGA

    TeresaBnGA New Member

    Yes, I am in Georgia too. So what is this filing for reconsideration? My letter only said that I have 60 days to appeal? Is there a different approach that I need to take?
    Did you hire an attorney?
    I also have several conditions for which I am filing on. It will be interesting to see what our different cases will turn out in the end.
    Soft hugs!
    Teresa :)
  5. darlamk

    darlamk New Member

    I applied for SSD in May '01, recieved my first denial in August '01, wrote a letter of reconsideration for appeal within 60 days and was denied again in Feb '02. (I actually found out I had been approved in my state but 1/2 of our state's records go to a regional office in Denver for audit & that is where the decision was overturned!)I then appealed for a hearing before a judge (this was about the end of Feb) I had my hearing in September '02. I found out the judge approved me two days before Thanksgiving this past month. So far I haven't gotten anything in writing from SSD in Baltimore or any back pay yet. I called & they said it could take up to 90 days to get started. The appeals council of SSD could also review the judges decision and overturn it but they have to notify me within 60 days - which would be the end of Jan '03. So I am still sitting on pins & needles but my attorney is confident that I have won. I retained an attorney when I received the 2nd denial. I hope this is helpful to you!
    Good luck!
    Darla
  6. Mikie

    Mikie Moderator

    To get from my initial filing to the hearing which was set for Dec. 9th. The judge took early retirement, so they cancelled the hearing and I haven't heard from them since.

    Love, Mikie
  7. Kay2

    Kay2 New Member

    been out of work since My-2001 and have been de-nied twice. I had to get an attorney, and I got a letter from him last week, that he is getting me ready and everything up dated to get me ready for court. EEK!!! I AM ALREADY stressing, and I dont even have a date, to go LOL!!!
  8. garyandkim

    garyandkim New Member

    don't look good when you go infront of the judge and totaly with it. Keep seeing the doc at the least every 3 months and give your lawyer any new tests and reports you have scine you first filed. Just a note did you have a sleep study? Ours showed Alphia waves in our Delta sleep and this proves Non restorative sleep. We wre also told to give the worst day scinereo and hope that is how you look and feel when you go in. This is what we have been told by the doc ands others. Take care and good luck to you, Kim and Gary
  9. Dara

    Dara New Member

    I also am waiting to hear when I will be appearing before the ALJ. My attorney said it could take up to 12 to 14 months before the hearing. I also am truly stressed by the hearing process. I do not do well in these situations. I have a very bad tendency to"sugar-coat" my syptoms and like to be at my best. Naturally I know this would work against me in this case but hard to not do something that you are so use to doing for the past twenty plus years. My attorney did tell me that sometimes the ALJ will consider your case without a hearing if you have come up with additional medical documentation.

    Dara
  10. karmageddon

    karmageddon New Member

    It was just a few weeks short of three years from my application to my first check. There is a chart of the process to be found at the official social securty/disability site (sorry, don't have the addy at hand, just reformatted hard drive and reinstalled OS).
    There you will see the unreality of it all. I was referred to a lawyer by a person (thank God) who could see that I had no idea that I was even disabled yet -- "just a few more months and I'll be good as new" -- and even then I had no idea that it would take three years.
    When I reached the hearing, the judge ruled on the very first medical report I submitted with my application. I only applied because I was getting state assistance; and that all started because I sought food stamps after being fired for sitting in the bathroom and crying at work.
    I would suggest speaking to a lawyer who specializes in disability. They should be able to tell if you have a winnable case. Not everyone who is ill gets disability for some ungodly reason. The list of accepted conditions is short.
    I would suggest reading everying on the disability site, but I know that I was too ill and frightened to remember my own name at that point. If I did not have a lawyer, I would not have made it through. It was inconceivable that since I waited until I was clearly in terrible trouble before I applied that there would be a three year wait. I still can't get my brain around that one and I cry when I think of what I went through during that time.
    It is a very sad experience to see the "system" from the receiving end. I remember well how I cringed every paycheck to see how much was taken out for social security. Now I am living well below the poverty level and I personally think that is unconstitutional. The poverty level line, as I understand it, is the point below which it it impossible to sustain or advance life; it means a gradual slipping away of health and sound emotional life.
    Fibromyalgia is surely difficult enough without being killed by the system that is providing aid.
    Disability for me was a huge period of painful adjustment to my fate. I don't think anyone could have prepared me for the shock. I had always thought of disabled as folks who didn't have to get up and go to work every day and I thought that would be great. I was such a child!
    I am now living a life that requires God's help. Would I be happier with less suffering and less of God? No, to be honest.
    I can just encourage you to disengage from the guilt of not being able to keep up with the pace of society anymore. Slow is fine if nobody is standing around strumming their fingers and checking their watch. Some things I can do in 10 seconds and the same task may take me an hour the very next day.
    I took down my clocks for a few months and closed my curtains so I could get in touch with my pace.
    Time seems to be the big adjustment. Disability had no trouble dragging out their end for three years, so you certainly have the right to get on a comfortable schedule yourself... and finally, a very ignorant case worker said to me: "I try to be sensitive to when a client is having a bad day," to which I replied, "when you are disabled and suffering, every day is a bad day." Good luck in mastering your bad days. It can be done, maybe not every day, but it can be done.

    Bess
  11. CYNTHIA  WRIGHT

    CYNTHIA WRIGHT New Member

    FINALLY AFTER WAITING SINCE--2000---ON 12/10/02--JUDGE AWARDED ME MY SSD--PROBLEMS DATE BACK TO 1996---FILED IN 2000 THOUGH...HOW LONG WILL YOU HAVE TO WAIT BEFORE YOU RECIEVE YOUR BACK--PAY????