Good morning......

[Dan M.]

My name is Dan and I have some relatively good news and some relatively bad news for those that have afflictions associated with this site.

I was in a horrific car accident in 2002 and was hospitalized for about 2 months. During the accident, I "bruised" my brain which caused me to begin having seizures. I began the long road to testing different meds for the seizures, hospitalization in an EMU unit and well you can fill in the blanks. Fortunately for me, my company had both long and short term disability and was required to keep paying 100% of my medical payments. One requirement was that I apply for social security benefits as I would definitely be out of work for a year and the seizures met the criteria. I initially applied in January 2003. I had my hearing with the ALJ, February 22, 2007. 4 years!! Now I am waiting for his decision which could take up to 8 weeks and, if approved, another 4-6 weeks to get paid. My advice is to get an attorney at the git go and let them find and fill out all the paperwork. If you have good medical insurance, see as many doctors (specialists) as you can as often as you can. Contact the Americans With Disabilities and read the act. The road to the ALJ is long and frustrating but I let my advocate (ALLSUP Inc) handle everything and they keep me updated on the status of my claim. Now I am at the end, pretty much because although they say you can go to the Appeals Board if the ALJ denies your claim. Very few cases get there and you must prove the ALJ made a mistake hearing your case. The Appeals Board will add another 1 to 2 years. Good luck to all and I'll post my results from the ALJ and be happy to answer any questions.

[HeyJoe]

You can also appeal to federal court.

[michael178]

I think you cas even reapply, if you have new information, while the appeal is going on

[Dan M.]

only 6 of 100 cases heard by the ALJ gets to the Appeals Board and only 1 of every 100 make it to Federal Court. Considering the number of SS applications and the number that are heard by ALJ's yearly....well you can figure out the statiscal odds. Also most attorneys or advocates will not proceed any further than the ALJ because it ties up too many of their assets and because the max they can collect is 25% of the backpay ordered or a max of $5,247.00. These people work on quantity. Sorry to burst anyone's bubble but after 4 years and a lot of research...these are the facts.

[HeyJoe]

The reason why those number of cases reach the appeal council or federal court because those are the number of cases persued by the claimant. Nothing stops you at this time from appealing to the appeals council(that is changing in the near future one region at a time) and nothing stops you from filing a case in federal court. There are a few people who have been on these boards who have won after 5 to even 8 years or more. There are also lawyers who will take the case and they get paid more for federal court.

[Dan M.]

If you research the appeals process after the ALJ, the Appeals Board and Federal Courts overturn less than 1% of the cases brought to those levels. There has to be a glaring error made by the ALJ to get your ALJ decision overturned. It isn't the number of people that appeal to those levels that make up the statistics, it is based on the number of cases overturned. Sure you have the right to appeal, I'm not saying you can't but after waiting 4 years just to get to the ALJ plus an additional 2 years to get to the Appeals Board and 2-3 more years to get into Federal Court, that make close to 9-10 years. What are you doing in those 10 years to survive? The system is horrible and must be changed and as been pointed out it is slowly changing region by region. I will be on Social Security because of my age before all of the changes are implemented......I'm 49. Starting from ground zero is another option of course and with additional medical data is definitely the thing to do but again get a lawyer or advocate and let them do the paperwork. They know what to get, how to word the attached summary, how it affects your ability to work, etc. Understand that when you resubmit...you start from the first level of consideration and wait another 4 years to get to the ALJ. If you're willing to do this and have the resources...go for it! All I'm saying is go to the doctors often (preferably specialists), have them prescribe medications for your ailment, tell SS how the medications make you feel and what side effects they produce and on....and on...and on while you are going through the system the FIRST TIME! SS statistics are extremely misleading when they portray that some files are approved at the first, level or the second level. These cases are cases that have situations that a doctor will emphatically state that it is ultimately terminal. Cancer. If you read the SS manual, even people who have lost a limb, an eye, have had strokes have been denied because SS states there is a job that they could do. Example a person who loses an eye...he could be a parking attendant, a person who loses a limb could work in the Post Office...so you get the picture and how SS substantiates the approvals and denials at Congressional hearings. Everyone needs to understand...this is the Government!! They like paperwork and the more of it the better. Think about it. If you are a SS employee and you have two files in front of you...one with little supporting documentation or one that is 4 inches thick, which would you really read? The smaller one gets read quickly and often will lose at the first level, the second level, the ALJ, The Appeals board and Federal Court.....Bang 10 years. Same file resubmitted 8 years. Now, the other file, the inches thick and growing thicker at every level...do you really think the ALJ has time to sit and read a complete medical file that is, by now 6 inches thick? I think not. He'll read the summary and the data submission list...which is two pages ask a few questions of the VE and you and your rep and make his decision...normally "fully favorable".....In 1-4 years, you have won your case. I'm not a lawyer nor an advocate for any company, I'm just a guy who has been ill and has researched this in great detail.

[HeyJoe]

I misunderstood you IM sorry. I agree with you 100%. Somehow I doubt that the changes will be beneficial to us.

[Dan M.]

It's frustrating reading these posts and the large number of people who are really ill but do not know what to do when going through the "system". It is a difficult road but like any perseverence is the key. Like my Dad use to tell me "if you can't baffle them with bull----, bury them with paperwork"! It makes sense to learn from others and use the information as a "guide" not the gospel of proceeding with your case. I hope what I have posted helps and I will be happy to assist anyone that I can with their situations, NO OBLIGATION or COST. Just some helpful information!

[Curious]

:) hi dan and welcome to neurotalk.

thank you so much for all your useful information and being so helpful. i think you will end up with lots of questions. :)

[janet]

Hey Dan, I'm in Tennessee. Just completed and sent my online app to SS last night. I worked in a medical office 35 years and it took me over EIGHT hours total time on line - plus I can type really fast. So anyway, I'll let you know how it goes. My DX: Trigeminal neuropathic pain caused by mandibular osteomyelitis, then more damage from a doctor trying to sever the nerve (didn't work, just pissed it off).
Advice from the medical office side: INSIST that your doctor document all your complaints, esp. how you're doing on medications. You wouldn't believe how lazy doctors are. When SS gets the records, they usually find just check marks beside review of systems. Another trick, before office visit I sit down and write my doctor an up to date history of how I'm doing. I give it to him and ask him to read it, initial it and place it in my medical record.
I cringed when I read you post about the MVA. As we say here in Tennessee: Bless your heart.
Janet

[nancy-h]

I have been waiting 2+ years and now I am waiting for my ALJ hearing and things are finally looking good. But I was thinking yesterday that I have actually been out of work for 3 years. So that is 3 years with zero income for SS to add to the calculation that figures the monthly award. Is that correct? They will use the zero years plus the working years for calculating the amount, right? So the longer we wait the more it will effect our income.

Sincerely frustrated,
Nancy

[HeyJoe]

Hi Nancy , it will go back to the date that your disability is determined to have started. So you may not have much of a zero. I had to eat 7 months in order to get approved, which as you can see is a double edged sword. You get less back pay and you have more time in which you earned 0 counted in.

[janet]

I'm in Tennessee - I found good info by searching for "listing of impairments" for social secuity disability qualification. It may vary by state - but worth checking out if you're applying for disability benefits. Janet

[Cappy]

I agree with that. I had a spinal cord injury 3-13-02. A month in the hospital, two surguries and then in a turtle shell or flat in bed for three months.
After my first denial I got a Benefits Advocate. I got denied a second time and "WE" requested a hearing before an ALJ. After four years I got a hearing date which was found Fully Favorable with a "Bench Decision" which as most of you know is an unusual finding. Typically you end up like Dan with another 2 to 6 months waiting for the decision.

You can look at my other posts to get my health status. Things are getting worse for me. My Doctor had to be changed as he had Parkinson's and could not practice and my new Doctor is questioning my med usuage everytime I turn around. I have tried everything to help with the pain but the only thing that works so that I can be a human being is meds through the mouth.

All I can say is get and Advocate or Lawyer. One that has been in the system or wants to become and ALJ. Ask the individual what their winning percentage is and the percentage of people they accept.

Please don't take this the wrong way but there are people out there that are trying to scam the system. Some are in denial about it. This is coming from my Advocate. She has been in the system over 35 years and worked for SS at one time in her career. It is those people that have caused a lot of the backlog for those of us who deserve it and really need it. Don't be too quick to blame the government.

She takes 2 out of every 10 people that come to her and she wins 95% of her cases. I asked if that was just to make her life easy and she stated that there really are that many people who can work who just don't want to.

So use that information. Get an Advocate, I can't stress that enough as I am sure Dan can testify. Get a good one. Make sure they have access to ALL of your medical records and that all of the records get to them.

I have every confidence, Dan that you will win your case. My Advocate warned me that it is not unusual not to recieve a decision at the hearing and that typically you will hear afterwards.

Best of luck and God Bless. I know how difficult it is to live without knowing and how hard it is on the individual as well as the family.

[ibeeanurse]

Janet, I live in northwest Florida and got my SSD approved the first time with dx of Myasthenia gravis after waiting 7 months. I was shocked and had prepared myself to be turned down and appeals for my future. I praise the Lord for answers to prayer.

[junk4myemail]

Hi Dan, have you received your answer? Just curious.

[HIGHJUMP]

Am I losing my mind or are you someone from a long time ago that previously worked for the social security administration and answered our questions mostly on the old braintalk?:confused:

Just curious. Your name and your vast info just made me think of a similiar poster. And you were very helpful to alot of people.:o


I don't remember you being in the same boat as us, meaning a serious injury. Is this new? I wish you the best.:)

My sincere apology if I was thinking of someone else. I'm still trying to connect to the people I lost touch with several months ago.:(

highjump is lowjumping now