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I am so angry!!!

Faith MFFaith M Posts: 287
edited 06/11/2012 - 8:28 AM in Health Insurance Issues
I had my hearing yesterday, what a joke. It was like the judge was trying his best to unnerve me and make me screw up. I memorized the dates of my 8 surgeries in chronological order, makes sense right? No, the judge asks me when were your lumbar surgeries? When were your cervical surgeries? It was really hard to remember the dates that way! I did not get asked what a typical day is like for me, nor did I get to tell my "story" in any way. He seemed more concerned about any money I've made. I recieved some money from a family trust 4 years ago and he wants me to prove I didn't work for that money. And they said that the last job I had(for 6 months) never filed any 1099's on me. He says, "So you got paid and didn't file any taxes?" I said, "Sir I've ALWAYS filed and paid my taxes." I had to help my supervisor to fill out my 1099 for 2005 because she didn't know how. I have my 1099 copy, it's not my fault they didn't file thier copy! So for 2006 they didn't file again, I no longer worked there and I never got my 1099. Let me tell you how honest I am! I called there and asked the total of my income, I filed and paid the taxes on it. Who pays taxes on undocumented income!?! I do that's who!!! So they want copies of my tax records for 05 and 06. They will see how honest I am and maybe they will believe I am also being honest about my disability. Then they said they don't have any record of my income from 1986-1993. And the judge says, "Weren't you the bookeeper?" Insinuating I cooked my books!!! How infuriating! Why would I say I worked those years if I was hiding income? Those IDIOTS sent me a record of my income when I filed 2 1/2 years ago, this document shows my income from '86 to '93. WTF? I can tell you I felt very insulted. It truly seemed they were trying to upset me. This grilling took 50 minutes. Afterwards I allowed myself to cry and get angry. What upsets me the most? I am so worried for everyone else who has to go through this. Some of us might not be strong enough to fight these bas***ds. They have tricks up thier sleeves. I wrote my own paychecks for years and filed the taxes. So I KNEW they had been paid. If I had this court date 4 months ago I don't think I would have been strong enough to fight for myself. I think laws need to be changed. I think anyone who files for disability should be provided with a patient advocate. Someone who can stand by you through this process and make sure you have all your bases covered. Sorry such a long rant everybody, and this is only 1/2 of it! Good luck to all!!!

Keep Hope,
Faith M


  • Maybe the judge was trying to figure your work credits. The judge went over my work record at my hearing and yes it was difficult to try and remember. Try not to be too upset, I am sure that is probably what he was doing. As for remembering dates and such, I had problems in that area also and told the judge that my medication makes it difficult for me to remember exact dates and such.

  • I had to actually amend my taxes for three years which is costing me almost 20 grand because I got hurt at work and my employer paid me half cash half on the books , so I had to amend them so hopefully I can get the right amount of workers comp.It's such a pain in the ass but it's gotta be done I guess.good luck
  • I hope I never have to go through that. I have degenerative disc disease. Every surgery I have had has been followed by repeated request for information from my insurance company as to when and what was the accident that cause my problems. They just want to try and find someone else to get their money from.
  • wow...I'm so sorry you had to go thru this! Was this your first appeal? When do you appear in court...just on appeals? Since I just filed, I will not go to court this time, right? I'm so confused. Who gets the judge? Is it a normal judge for your town or are they special SSD judges who try to make you get denied?

    Blessings to you!!
  • im sorry faith your going thru so much stress over this..i hope things work out soon for you with disability...take care...m
  • I was denied after they saw my application and reviewed my medical records.They never laid eyes on me. Then we appealed, and had to go to court. I do not know what happens from here if I am denied again, I sure hope I don't have to go through testifying again. But I do know we will continue to appeal until we win. I think maybe all appeals go before the judge. My lawyer has put in plenty of man hours on this in the last 2 1/2 years, I would think it's pretty important for him to win and get paid. Though I am expecting to get denied again. And yes it was done by a SSD judge. We had to drive about 45 min. away. Hope my info helps.
    Faith M
  • The judge had all of my medical records on the computer right in front of him! And still wanted me ot recite them off the top of my head.

    Faith M
  • If I may...

    Just a bit of back ground info on me: I worked for the disability office as a disability claims examiner for over 10 years; retired from state civil service; went to work in private industry for - of all things - a disability attorney. You might say, I've been on both sides of the road - liked the attorney side way better.

    OK - Since Federal and State Employees can't tell you exactly what to say, they have to either ask you pointed questions to get the answers for which they are searching. It may be to the claimant's benefit, or detriment. Just depends on the case itself.

    Apparently, in this instance, they appear indeed to be verifying wages with which to pay you. Faith, it does not matter if they like you or not. If your claim should be approved based on the medical records, then they have to approve you. Likewise, if they do like you a whole lot, and want to approve you just because they like you, but your records do not support this, they cannot approve you. Maybe he was testing your memory? There could be any number of reasons why he did this...

    If your claim is denied, you have every right to take it to the next step - Federal Court - which has been done many times. IF this is what you have to do, I suggest you file a whole new claim while this is being scheduled (usually takes just as long to schedule this as the normal run of the mill appeal). If your new claim is approved, they can take the records that are in federal court and see if your onset date can be adjusted as needed.

    How did your attorney feel after the hearing? Did he get any vibes from the judge? Is this judge known to be a hard@$$ or an easy judge?

    Good luck, honey, and keep us posted.

  • Thank you everyone for your replies and support! Thanks jeaux for the info, I really appreciate it. My lawyer said he thought it went really well. My lawyer said that the judge became a good man ever since he found God. So maybe there is hope. I am an honest person and I hope he could read that in me. I truly expect to be denied, even though my medical is SOLID. I just don't have a good feeling about it. So if I take it to federal court will I have to testify again? I hope not. Thank you again everyone for your support.

    Faith M
  • Actually, what happens, Faith is that a "team" of judges review every aspect of your claim. The information from your initial filing, the medical information from records presented to the hearings office (or to the Judge) and the Judge's decision.

    It has been my understanding there are medical and vocational personnel who also review your file. Then, there is a meeting of the minds and they decide whether the judge made the correct decision.

    I believe there is a much longer timeframe to file this appeal request, so, it's best if you don't make the request right away. You want to be able to get additional information if needed. Of course, each case is different as far as dates of onset, or sometimes there is a closed period for eligibility of benefits (in other words, a person may have been disabled between january 2005 and October 2007, but is doing better now and could possibly work).

    SO, that being said, try and put it out of your mind for now. Remember, a watched pot never boils. And that certain important phone call never comes until you go to the bathroom.

    Take care.

  • It's good to know that a team of people will be involved in deciding my case. I enjoyed your comment about the bathroom and the phone call, it made me laugh out loud. Thanks, I needed that! I do feel calmer about all of it, whatever will be will be. Thanks for your info and support, it helps to talk to someone who knows the system.
    Faith m
  • Sorry they put you through the ringer at the hearing. I was really nervous at mine and was amazed at how fast it went. It didn't last longer than 20 minutes in all. I was asked a few questions and was lead out of the room. My lawyer stayed back and then 10 minutes later he came out saying congratulations. I didn't have problems about work because I quit 2 years before applying, and I never worked ever since. I really hope the judge has a heart and approves your case. Please let us know how it went. Take care
  • My lawyer said he thought it went really good, next week he brings my tax returns to the judge. That will delay things. Like you I also haven't worked since applying 2 1/2 years ago. When I have an answer I'll let you all know.

    Faith M
  • I started my process with SSDI in Dec. 2005 when I filed due to a MVA in 2002. I was mislead by my attorney's secretary(she said she was a paralegal, not!)that I couldn't file for SSDI until my MVA was adjudicated. I settled that in Dec. 2005 and got my check Jan. 11, 2006, less #150 thousand to the attorney so you can do the calculations to see what I got. That didn't last long, I have since then became a victim of ID theft and am in a battle to find out who it was but that is another story.
    Anyway, I went to see my first SSDI IME on Feb. 26th, 2006, 2 days before my cardiac catheterization. I was informed that this doctor was a Physiatrist, I know personally what one was as I had ran a Chiro's office and we had one as an associate to Rx drugs. She was nothing like ours at all. She made me bend etc(my attorney gave me a form to fill out while there to let him know what transpired) I remarked each time that I was in pain and my ROM was severely restricted and she said "with a pain patch and all the meds you take you should be able to do alot".

    About the following May I get at denial letter from SSDI. That is when I asked my MVA attorney to suggest a SSDI attorney and he did and I contacted him. He then filed for an appeal straight forth. I was sent to a second IME almost a year later, this time it was a Chiropractor, who you would have thought knew about limited ROM with cervical and lumbar fusions, shoulder (rotator cuff and bursa removal surgery) and knee surgery all done in a one years time) but no, he said all I needed was a little adjustment to help with pain etc. I agree wiht the forementioned statement about these doctors get to be IME's because they can't just cut it in the real world as docs. Again I am denied, my attorney again files the appeal. In June or July I can't remember exactly I get notification of a date with the ALJ which was to be in Sept. 2008.

    I went this hearing with my DH and attorney. I wore my leg brace for permanent drop foot due to permanent nerve damage due to delay in my lumbar surgery(because of repeated IME's from MVA pushing back my surgery date) and used my cane! I can not sit for longer than 10 minutes at a time, standing too. I am most comfortable semi prone but I can't live the rest of my life in that position!!!! The ALJ was very amiable. I barely got into the "court room" when he said off the record I don't know why you are here, from what I have read you are distinctly permanently disabled! Even the IME reports state that and don't understand the denials. He then went on the record asked a few questions just to clarify dates such as when was my first MRI after MVA and I stated it was Feb. 2003, my first ESI and I said May 2003, last date of work and I said May 3, 2003. He also noted that I have 3 distinct degrees (I received my Journeyman papers for Machinist/Tool & Die in 1990(only woman in South Jersey), Inventory Analyst credentials and finally in 1998 I was a victim of downsizing and took classes courtesy of my states unemployment agency and became a certified medical assistant. None of which can I do today. A side note, at the time of my MVA I was working for a Catholic Hospital here at the Transplant Office I was the personal and office secretary for the surgeons, I did their general surgery scheduling, was liason to the dialysis units in the area etc and did all the paperwork and insurance issues for the office and did paperwork for UNOS. I went back to work the day after my MVA with a neck brace, shoulder brace and lots of pain pills. I worked until May of 2003 less than 5 months after MVA. The ALJ commended me for my stick to itness and persevering with the pain until I could no longer take it. He came right out and told me I was approved but I had to wait for the "official" notice before finding out what I would get monetarily.
    I was very fortunate in having this ALJ, he was able to recognize right off that I was disabled and even pushed my date for onset of total disability way before my filing date. I received my award letter Dec.1, 2008, my first "check" in Dec and I just finally got my back pay at the end of Feb. this year. I just want to say I had to fight for the back pay as I was told it had to be signed off by 2 people as it was more than $40 thousand and I had to fight for my Medicare Part B. Whomever data entryed my award information put in I denied wanting Part B as of the date Nov. 2006, which logically I was still in the appeal process!! I fought from Dec. 1st, 2008 up until I contacted my Congressman in Feb. 24th, 2009 and let them take the ball on this matter. As of my birthday which was March 16th, I was given my PartB coverage back to Nov. 2008 and just waiting for confirmation of my HMO enrollment. I have been without insurance, meds etc since May of last year when my DH was downsized, so had to go cold turkey. My backpay went to pay off medical bills etc. I elected to go only back to November of last yaer as I was told if I wanted to go to the original date of A, it may take longer to get it and I need it right away and just pay the old bills of the money.

    Each ALJ, IME etc are different. What they say to you sometimes is different than what they report and then the people that be that have the power to ok are different too. I was told I met all the criteria for permanency by the ALJ and that he was writing to SSA to have the people who reveiwed my file to be "rebuffed" for their inability to read the documentation or decipher it logically as he stated!

    I am sorry for the long post but sometimes you just go to let it out!!

    I wish you luck and God Bless, HUGS!!!

    TinaMarie aka njdolfan
  • You mean I may have have to come up with tax returns back to 1993???? I am horrible at bookkeeping. Why can't they look at your Social Security Statement that shows what you filed on each year?

    Seems like a wrench they can throw in...just because THEY CAN.
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