frustrated ... need to vent ... please bear with me

Discussion in 'Fibromyalgia Main Forum' started by JannyW, Aug 22, 2003.

  1. JannyW

    JannyW New Member

    I have been out from work since June, 2002. My Social Security claim was filed in July, and the appeal was filed in the fall. The request for hearing was filed on January 2, 2003.

    I called Social Security with my address change a few days ago, and got a letter back saying it could take 13 months from my filing date to get a hearing ... that would be February '04. When the request for a hearing was filed thru my attorney in Gaston County, NC, the paralegal told me they were getting hearings within 6 months. She is no longer working there -- wonder why??

    I have been drawing monthly off my IRA account; if I'm not approved by Social Security before December 31st I will have to pay taxes & penalties on this money. The account is running low as it is, and at the rate things are going it will probably run out before I get a hearing. Then if there's a delay in determination, and a delay in getting payment ... I shudder to think.

    I'm getting panicky ... my attorney says "you always want a hearing" but at this stage I don't know if I can stand it much longer. I've got a broken ankle and that's frustrating me too. When I get my hearing date, I'll have to drive 200 miles to get there (from Little River, SC to Charlotte, NC), and traveling is difficult at best.

    I don't know what to do. My partner has called my attorney and we're waiting for a return call ... I just can't deal with talking to her. I can't afford to see my therapist (in Charlotte) as often as I need to and really don't want to try to find one down here ... but I may have to. I'm so stressed I don't think I can take much more.

    I think I need a BIG Group Hug.


  2. kmj47

    kmj47 New Member

    Dear Jan,
    Iam sorry your not doing so well. Hang in there here is a (((((((((((((((((((((((((((((hug ))))))))))))))))))))))))

    for you. Its best i can do.Hang in there
    Love kmj
  3. Mikie

    Mikie Moderator

    My hearing was delayed last Dec. and it hasn't been rescheduled due to volume. I will be back to work before they get to it. It was two years this last Jan. since I filed.

    Love, Mikie
  4. Dara

    Dara New Member

    I was going through the same thing. I received my SS without a hearing. The way my attorney explained it to me was this: we requested a hearing date so that I could get in the system??, but also at the same time requested that the ALJ consider my case without a hearing. The worse that can happen is that the judge denies it, then you go ahead with your hearing date. So, why not take the chance and ask for the judge to review your case before the hearing. It seems to me you have nothing to lose. The only one that loses is the attorney because the longer it takes to receive your SSD the more money the attorney makes. If you have any questions about this let me know, or read some of my earlier postings on the subject. If I had not done it the way I did I would still be waiting for my hearing to happen. Also, the reason I wanted to push it through as fast as possible was obviously financial, but also I was on COBRA and if my 18 months were up before the decision was made I would not have qualified for the eleven month extension.

    Good luck, let me know how you do.

  5. JannyW

    JannyW New Member

    ... and it seems she filed "something" with SS in June, apparently a brief of some sort ... but the case load is at 6,000 and growing daily. She suggested I get a statment from my account advisor re: the IRA account and the penalties -- she had never heard about them waiving penalties if you're disabled.

    This is a fun fact: SSA went to "teaming" -- this basically means that a group of people will do a task for a period of time and then the group switches. So if your group is reviewing files, you may do that for 6 weeks, then go to something else for 6 weeks, etc. What it means for those of us waiting for benefits is that we get screwed.