Going back to court...again! Pls Answer

Discussion in 'Fibromyalgia Main Forum' started by luv2float, Nov 14, 2009.

  1. luv2float

    luv2float New Member

    I initially filed for SSI and SSDI in December, 2003 with a DDate of Oct 2000. I am claiming Fibromyalgia, CFS, Depression/Anxiety, and a few other things.

    I took my case as high as the Appeals Committee and they remanded my case back to the same AJL judge that denied me before. My attorney thinks we now have a good chance, only 1-2% of cases get remanded. My trial is this Thurs, 11/19th. Please say a prayer that I win.

    Here's the thing though, they might plea out my case from the time I reached 50 (2007) instead of backpaying me to 2000. That is ALOT of money!!!

    Would you go for it all and take a chance at losing or would you plea out, take what you can get???

    I'm so confused what to do. I'm tired of fighting and need some income so I can improve my quality of life.
  2. victoria

    victoria New Member

    how can they do that?!?, I don't think it's fair to you at all, having to live all these years 'without'.

    Personally I'd want to go for it all... but... what does your lawyer think? Even what he says may need to be taken with a grain of salt, sometimes they'll go for the easier paycheck...

    Can you maybe get your therapist to testify on your behalf? My DH (retired psychologist) used to go testify at many hearings on behalf of his pts, they never lost as a result, as his showing up free of charge always made an impression.

    I'm sure you have up to date letters from all of your doctors, at least? Up to date arrative reports are the next best.

    good luck, it's a difficult situation....

    all the best,
  3. peachums

    peachums Member

    I would take what they offered and run!! Make sure they go back at least 2 years so you get Medicare.
    I wish you the very best--
  4. AuntTammie

    AuntTammie New Member

    What logic are they using to say that they could only go back to age 50? I think it really depends on that as far as deciding if you should go for it or try to get all the back pay.
  5. victoria

    victoria New Member

    despite disliking the labels you just mentioned - in the U.S. it often seems to be easier to be disabled due to incapacitating depression, anxiety, and the like if supported by psychiatrist or psychologists; that with the fatigue, pain, etc., and the fact that pain (or fatigue) flares happen unpredictably, makes it unlikely that one can function on a job. Sad but true.

    The whole picture counts and adds up to a stronger case, actually.

    all the best,

  6. luv2float

    luv2float New Member

    Thanks for the responses, any more would be appreciated.

    It seems that 50 is the magic age to social security. They think if you are under 50 then you should be able to work at a lesser job. They also told me that since I'm skilled and can speak english that that hurt me too.

    My attorney thinks that the judge may agree to backdate to when I hit 50. I was 43 when I applied, now I'm 52. So I stand to lose 7 years of backpay. That's alot, especially when I qualify for about 1653.00 a month.

    I think this is so UNFAIR!!!

    Wanted to know from all of you if you would go for it or take what you can get?
  7. AuntTammie

    AuntTammie New Member

    If it's just about age, then there is no reason whatsoever that you should miss out on the back pay. There are a lot of people who get disability before age 50. Age has nothing to do with whether a person is disabled or not. Disability is defined by ss as being incapable of working. Period. However, you do not have to be able to work at the same type of job that you are trained for. If you are able to do any kind of job, even if it is a big step down from what you have the education and skills for, they do not consider you disabled. So, if you can prove that you were absolutely unable to do any kind of work from the time when you applied, then you are entitled to that pay. If you have any doubt that you will be able to prove that, or if you were in fact, still able to do some kinds of work when you first applied, then you would be better off taking a settlement.