Social Security Disability HearingHelp?

Discussion in 'Fibromyalgia Main Forum' started by wrthster, Mar 23, 2007.

  1. wrthster

    wrthster New Member

    Hi all,

    I would like anyones advice and opinions for my upcoming SSDI hearing on Thursday. It has now been a year and a half since we filed. I do have an attorney. Due to the long delays as everyone knows with SSA I decided to write a letter to my Congressman and both state Senators. Low and behold we received a notice for our hearing very quickly.

    My lawyer went ahead and filed an OTR (On The Record Decision) meaning that the ALJ could decide based on the facts and medical evidence without having to go to the hearing. Included in the file were two functional disability reports by two board certified MD's finding me disabled. There were many diagnosis: CFS, Lyme, Reiter's Syndrome, and Common Variable ImmunoDeficiency.

    I just got very disturbing news today that our OTR was denied and we now have to go to the hearing. I am amazed with so many doctors reports, a very well documented medical history, consistenly being on antibiotics and fungals, now on IVIG Gamma Globulin, and two physicians concurring that I am disabled that the Administrative law Judge could not make an OTR? Is this common or uncommon?

    Does anyone have any advice on what to do prior to the hearing and at the hearing? I am really looking for some help here and would greatly appreciate some advice? I am very worried, and have been receiving family finacial support for years now and they are not in a position to keep doing this. Finally, my age and education is strongly working against me. I am 37 and have a Bachelor's degree. Thank you all very much for your help.
  2. obrnlc

    obrnlc New Member

    hi WR.,
    i know how you feel at this point, and the nervousness gets worse til "judgement day".i am still waiting my hearing results.
    Maybe the judge just wants to see you in person and really doesn't grant anyone "OTR", could just be his policy. Also, from what i read, judges don't like docs saying to THEM that you are disabled, the mighty judge wants to decide that on his own (power trip) and only wants statements of WHAT SYMPTOMS and HOW THEY AFFECY YOUR ABILITY TO WORK from the doctors.

    if you go to a site--ssdanswers.com--there is some great info and advice from a ssdi attorney and also archived "internet radio" shows that he has given, with a multitude of info on the hearing process, feb. gives 2 different examples that have alot of info. (ssdradio.com)

    Although your age and education are somewhat stacked against you, (silly you for trying to make a good life for yourself!!!--what a system!!) one thing that will be considered is how many jobs and types of jobs you have worked in the past 15 years. From the ssdradio, i learned that if your docs say you need to take more of the standard rest breaks, or lay down X# of times/day, this is not conducive to a usual workplace and betters your chances.

    check out this site, you'll be glad you did--i wish i had BEFORE my hearing! Good luck--L
  3. tandy

    tandy New Member



    and can only add one thing: (from experience)
    Do NOT get all pretty and dressed up for your hearing.
    Dress very casual,...w/little to no make-up.
    low comfy shoes,etc.
    That was a tip I got from my own lawyer.
    and it makes sense if ya think about it.

    You'll do fine.
    The judge only asked me a few questions. I can't recall exactly what now,... its been 7 yrs.
    I just remember it going by really fast.
    (Thank God!)

    I was noticably nervous too.
    Thats understandable.
    Hope this helps :)
    Tandy
  4. ephemera

    ephemera New Member

    I'm too unclear in my thoughts today, but want to send a hopeful hearing bump
  5. wrthster

    wrthster New Member

    I really appreciate all of your suggestions.
  6. California31

    California31 New Member

    They often pass it on to hearing status....Good luck to you.