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Well, had my hearing today,

tarheelgirlttarheelgirl Posts: 473
edited 06/11/2012 - 8:46 AM in Health Insurance Issues
but I don't even know where to begin. I don't know how I feel about it, how well I did/didn't do....nothing! I thought I have some peace with it over, but I don't.

My attorney did say that my doctior's documentation was SO GOOD, that they have the judge locked into a box, what ever that means...,and that if we lose today, we appeal again and hopefully get it overturned and these judges hate having their attention overturned. She also said that her office was deciding that my doctor is the best doctor ever made :) I already knew that. The judge did read his letter to the judge.

ok, at the end, I got a bit emotional bc the vocational expert was brought in, He asked with someone my age and with my education with limited abilities, did she see any jobs available for me. She said yes, there is clerical work that involves a combo of sitting/standing and requires to lift or push or pull 10lbs and that there are over11,000 jobs in the US and 1300 of them in NC. (So I started crying) THEN, he put in my limitations and she said there were no jobs to adcomidate no lifting and would accomidate moving positions every 15 minutes or so. So, in the end, it was good...,,my attorney interpretted this to me afterward and said it's very reassuring that with my limitations that the Voc Expert could not come up with a job. My attorney was not touchy feely person..she didn't give me hope really...she just said thata the hearing went really well and the fact that they could not find a job to accomidate my restictions is a really good sign. I moved about the hearing multiple times b/c I could not sit that long. I think they got the point.

I just pray I get a fully favorable decision and that it is soon. She said that there is no set amount of time for the judges to make their ruling! I thought I had heard two months. So, I am at their mercy, once again. Please, Lord, let it be your will for this. I can remember a time in my life that I wanted to have alot of money, have a nice house and drive a BMW and travel whenever I could. I no longer wish to be rich at all...just stable...stability each month is what my family needs...nothing else!!

I hope each of you are having a good day...I appreciate for those who have been following my story and for all the prayers and well wishes I've recieved. XOXOXP


  • I am no expert but it sounds to me like things went very well.

    I'll keep praying for you. :-) >:D<

    Keep trusting.
  • If they can't find a job to accomodate you, doesn't that mean they have to find in your favor? Really, if it doesn't, the system is even more messed up than I thought!

    When do you find out?
  • Good luck, Those so called experts and their studies dont know what they are talking about, imo.
    If you go somewhere and fill out a application, and put your restrictions on the app. No company will hire you.
    Thousands of job openings, then why is the unemployment rate so high.
    Granted there are a lot of reasons for being on unemployment or applying for ssdi, and unfortunally some of us can not go back to what we were doing before, and that is the only skill we know.
    These companies with all their tax breaks can invest a little and train people to do them jobs and the unemployment rate would go down,
    Anyway remember the doctor's report by far carries the most weight, when deciding a persons capabilities, so relax and think postive.

    i'm sure the judge's ruling will favor you.
  • I just wanted to pop on here and tell you that I've said a prayer for you that this comes through. I know that you've been having a very rough time of it and I'm really, really hoping that you finally find a light at the end of the tunnel.

    Hang in there - I think they'll find in your favor and you'll once again be stable.

  • From what you've described, the hearing probably went pretty well. Remember your attorney's (if they've been doing this for a while) get a 'feel' for good or bad hearings. It sounds like yours went the way the attorney was hoping for. I know it's hard, but try and relax (it's over!!!) and keep your fingers crossed. I will send you prayers and positive energy that it will be "approved" soon. *HUG*

    PCTF C4 - T2, Laminectomies C5, C6 & C7. Severe Palsy left arm/hand.
  • I can't offer any advice or interpretation because the process is very foreign to me. Obviously, I sense the gravity of the situation and how it is weighing on you. So, being a humble person of faith, I'll keep you in my prayers in the hope that you get the long-term financial support that you need.

    Take Care,
  • Well, if you are limited to a job where you sit most of the day, but can't lift over 10 pounds, that's basically a sedentary type job. The voc expert was right - there's tons of those jobs...

    HOWEVER, if you are futher limited because you have to be able to get up every 10 minutes that would be considered "less than sedentary" and that usually means you are disabled (per SSAs guidelines). Furthermore, you have been prescribed a cane, so that limits you even more. The rules and regulations state that even younger individuals (those under 50) can be considered disabled based on the "less than sedentary" medical-vocational rule.

    The tricky part is deciding WHEN you became limited to "less than sedentary" work. That will be the tricky part, for sure.

    So, while you may not have a FULLY FAVORABLE decision, it is quite possible you would get a LESS THAN FULLY FAVORABLE decision. This just means the judge thinks you are disabled, but not as far back as the date you say you became disabled.

    I know you're glad you've finally gotten the hearing behind you. I feel horrid that I was not here to answer any questions you may have had. But, looks like you did just fine without me.

    You should know something within the next 30 - 60 days, so don't wait every day for a decision to come. You just go on living until the letter/call comes. Remember - a watched pot never boils....

    Good luck. Let me know how things turn out?

  • For your sincere prayers and well wishes and good luck for me! I appreciate having you spiney friend around during this difficult time.

    Just rewinding what happened in my head over and over, as I do several times a day, I just don't see how I can't be found favorable. I mean it was said at the end by the voc ex and judge back and forth "no jobs", "no jobs?" "right, no jobs". He then dismissed the case.

    Jeauxbert...I am with you now in that I worry when they find me disabled. I hope it was around the time I stopped working. I had been out of work a lot on medical leave, very well documented by my PM doc that I could not do my job, I was unable to take my recertifacation course in CPP due to all the strenous work, therefore, I could not be a nurse anywhere without that reqyured certufucatuib,, and My boss politely asked for my regignation stating that I could no longer fulfill the job description of bending, twisting, lifting and pulling 50 lbs of weight, etc. That was all in my chart as well as my right handed weakness was so bad that I complained to my doctor that I was having trouble pulling up patient medications in a syringe. All this was available for the judge to seel

    I have no idea what my doctor did for my Impairment questionaire, but it must have been very good the way they kept going on and on about my doctor...plus, he still makes house calls to his patients who can't get out and every now any then that is ME. When I'm in flair up mode, I can't even walk to the car, so he comes by and starts me on steroids and gives me a hefty dose of a Toradol injection which usually helps my motility in about an hour and lasts until I go to bed...then in the am, at least I had had a days worth of steroids in, so it starts getting better.

    Also, they raised the attorneys fees for representation to $6000 and they dont get paid unless I get back pay, right? My attorney said their payment would not come out of my monthly installments, I just pray the back pay is from when I stopped working. I need to pay my mom back quite a bit of money from her helping us last year when we lost our house, filed bankruptcy, etc. I really pray for enough to pay her back and some to sit in the bank for stability. We need it desparetly,

    With my monthly payment, I will get water PT therapy which my doctor has been begging me to get for a while...just can't afford it though. And 2ndly, I will hire a bi monthly house keeper...to take the burden off my hubby and the guilt off of me, then the rest will go towards bills, bills, bills,.,..do they ever end? [sigh]

    I really appreciate all of you standing by me during this long process! I would appreiate more prayers since it's not a done deal yet!! Thank you my spiney friends! You are each irreplacable!
  • Tarheelgirl,

    Your post made me smile. Why you ask? I could *feel* your emotions change for the good, and I could feel the energy if you will. :)

    Now woman, keep that energy, and at the same time "plan for the worst, but HOPE for the best." See that word "HOPE?" I believe that once a person goes in for a hearing, "real" people see this is not a scam or a joke, and award as was rightfully due in the beginning! I will keep sending positive thoughts and energy though!!! *HUGZ*

    PCTF C4 - T2, Laminectomies C5, C6 & C7. Severe Palsy left arm/hand.
  • I want to take a moment to pray about my case.Please take a moment to follow along for those who believe in prayer and It's power. If not, just skip this post.

    Dear Lord, our sweet Heavenly Father,

    I come to you humbly tonight, for you know all of our needs. You also know our hearts as well and know I come to you in need, in this great time of need. You know what being awarded SSD benefits would do to my family and I just pray it is Your Will. In Jesus's name, love to all my spiney friends!!
  • Tarheegirl, I too hope that all works out for you. From what you have said, it does sound promising.

    We have been asked to refrain from allowing religion and politics on the boards. As a rule, when someone says "I'll pray for you", or "You're in my prayers" etc. those types of comments are acceptable. What SH does not allow though is an open prayer like you have done here.

    Many of us, myself included, are very religious and this type of posting does not offend. however, there are many on here who are not religious, and out of respect for those members, we ask that open prayers not be allowed on the boards. Prayers should be said privately.

    Please keep this in mind in the future. I do not wish to start a debate here, because we try to keep this fair for all members here. This is a subject that could be debated with many pros and many cons, so rather than start something, I'd ask that those reading this just silently accept that there are to be no posting of open prayers, and then just go on enjoying the forums here.

    Authority member Cindy (neck of steel)
    Surviving chronic pain one day at a time, praying for a reprieve because living another 40 years like this doesn't sound too fun!
  • I think we all want the best for each other. I'm touched by how openly Tarheelgirl expressed herself, especially since she said that she is an introvert. Being an introvert myself, I know that it took a lot of courage to write that.

    Cindy, you explained the rules very clearly, but also very gently. I wasn't aware of that rule, but I'm glad you stated it, because I have been tempted to do the same as Tarheelgirl.

    I hope you don't feel like I'm starting a debate here. Please, please, I am not! I'm just acknowledging what a nice job you did of addressing one of the most sensitive issues of all. :)
    I'm also acknowleding the same thing that Brenda did -- that Tarheelgirl seems to have moved to a better place... one of HOPE. That's worth celebrating! <:P

    Take Care,
  • it did take guts...and I woke up this am and thought oh what have I done! I'm really sorry if I offended anyone, Wish I could delete it, can I? I'll just leave my praying for home!
  • Dear Tarheelgirl,

    I have been following your posts and I just wanted you to know that I really hope you get a favorable decision. I hope you hear some good news real soon. It's tough playing the waiting game.

    You will remain in my thoughts and prayers.

  • Tarheelgirl,

    I am retired vis "Federal Disability" under the FERS retirement system. The SS is embedded within that retirement structure. I had to apply for SSD when I put in for ruling of retirement under disability. If SSD had been approved, it would have been deducted from my federal retirement, as SS would pay that portion. The process is similar, but instead of "complete" disability via SS, federal it has to be shown that I couldn't do essential parts of my job.

    If I were to push the SSD it would go through, but at this point it is rather mute for me. I say that because money wise, just a swap as to who pays what, and my medical that I had while employed came with me when I retired. At 60 SS kicks in, and FERS reduces my annuity per SS payment. A little confusing if you haven't worked for the federal civil service system, but it works. :)

    Like SSDI, OPM rulings can take up to 2 years. They ruled on mine in 3 weeks as my medical issues were undisputed. Hope that helps in understanding? :)

    PCTF C4 - T2, Laminectomies C5, C6 & C7. Severe Palsy left arm/hand.
  • Tarheelgirl,

    Actually you can 'edit' it. When you read your own posts, you have option buttons at the bottom of the post. I use my edit a lot when my fingers fumble and I don't catch the oops that I see when I re-read what I've posted. :)

    PCTF C4 - T2, Laminectomies C5, C6 & C7. Severe Palsy left arm/hand.
  • Tarheegirl, there is no need to apologize, and I hope you didn't think I was scolding you. I just needed to explain the rule. I hope you are feeling better and that you get the help you need. Cindy
    Surviving chronic pain one day at a time, praying for a reprieve because living another 40 years like this doesn't sound too fun!
  • Thank you for the compliment. I try to be kind, and I'm glad you noticed. And no, I did not think you are starting a debate.

    I agree with you, Hope is a great thing.
    Surviving chronic pain one day at a time, praying for a reprieve because living another 40 years like this doesn't sound too fun!
  • Tammy, for those kind words. It's nice to know I have you and Dave and Bredna and Jeauxbert following my progress in my SSD case. It's been so emotionally staining, but having you all to lean on truely helps. I love hearing that someone is following my posts...it makes me feel a little special. :) I'm patiently waiting for a decision right now. I'm not going to get impatient until it gets to the two month mark. :)

    Jeauxbert...another quick question about the back pay...we've been discussing whether or not they find my disabled when I stopped working, or when I filed or whatever. It seems to me, that the judges (having good relationships with attorneys) and, knowing that the attorneys do not get paid unless there is back pay involved, will find a favorable decision with some portion of back pay so that they get paid?? I really feel my records show my disability started when I stopped work b/c I took like 3 medical leaves in a row, came back to "light duty", called out sick a couple times back to back, was unable to recertify my CPR training due to the limitations the surgeon had placed on me at the time and then a polite email asking for my resignation from my boss explaining that I was no longer able to uphold the duties of my job which was this and that, including bending, twisting, picking up, pulling or pushing 50 lbs or more, etc. So, I really hope it is clear that I started being disabled then. I don't know what other date they'd pull out of the air?

    Ok, I know, I know...I keep going over and over this case in my head...time and time again. I need to find out so I can rest. Remember shortly after I was denied the first time, my case worker told me I had won my case? She screwed up...I'm not sure what info she got messed up, but she was sure of it...I went thru all the emotions of happiness, relief, bittersweetness of being "disabled" at 37, feeling of stability...feeling like I was going to be able to save our house from being foreclosed on! I called my hubby and we cried together. I cried my mom and we cried about it! We were all on cloud nine. In so many ways, this was going to change our worlds! It seemed 'too good to be true'. My hubby had me call back the very next am and the same case worker said "I was just talking about you to so and so from the SS office!"..So, it's real? I didnm't dream it up yesterday? She said "yes, of course, you got it!"...she went thru and told me what to expect, talked to me about medicare, about taking my kids the the ss office to get them registered so i could collect for them as well, told me the time frame of when i should be getting the letter/money. I lived in relief for almost two weeks. When nothing ever showed up, my hubby made me call back to see what was going on and another case worker I got said "What disability? You haven't been rewarded it yet" STAB in THE HEART. AND, long story short, somehow she made a mistake and jumped and told me this when it's against their (B&B) policy to give this info anyway and I stayed on the phone crying to a manager for an hour about what this did to me. OH me goodness. Can you imagine the let down? So, they pushed it for their mistake and put in a dire need "on the record" decision since we were being foreclosed on and about to file bankruptcy and so forth. That of course didn't work and we ended up losing everything.

    We are now in a rented house...won't be able to buy for years b/c of our credit. My hubby is commission only...some months he does great, some months he makes nothing. So, having the stability of these SSD payments would be truely a gift from God.

    Sorry...I went off on a long tangent again...all I wanted to do is to say thanks to Cindy, Dave and Tammy. I just got "in trouble" for being online too long today...so I best go!

    Prayers and blessings and best wishes to all of you!!
  • thanks for Jeauxbert and Brenda as always as you have helped walk me thru this process!
  • Tarheelgirl,

    On here, tangents are fine! :) Glad to be of help where I can girl! Try to relax tonight, have din din with the hubby and have 'hug' time!

    PCTF C4 - T2, Laminectomies C5, C6 & C7. Severe Palsy left arm/hand.
  • Tarheelgirl,

    With all that you and your family have been through, I think I can understand why you are dwelling on this and are so anxious for the results. Who wouldn't be?

    However, being the person of faith that you are, I hope you take Brenda's advice and take a deep breath, give your husband (and your kids) a hug and know that no matter what trials and tribulations you must endure, somehow this will all work out. You've already suffered greatly and yet you are here expressing your hope for the future. I think that's a miracle in and of itself. I believe that you'll be taken care of in the end. I know that you believe it as well, so without quoting an exact prayer, I recall some words that hit close to home every time I hear them, essentially to keep us from all useless anxieties and to place our trust in Him.

    We are all praying for you and your family.

    Take Care,
  • I am in the same boat as you. I applied for SSDI in Aug 2009 and was denied 3 months later. I have my hearing Oct. 15th. My workers comp case has deemed me 75% disabled but my doc still rates me as 100%. I cannot sit for more than 30 minutes before I have to move and have to lay down several times during the day. In addition I cannot stand for more than 10 minutes without severe pain in back and legs because I have a lot of nerve damage in my legs. I also cannot lift, push or pull anything more than 10lbs. I was denied SSDI because I was only 40yrs. old and have two college degrees, they said there is something I could do but I don’t see how. My doc said that I might be able to work but no more than 2 hrs a day.

    I take vics 7.5 4x day, motrin 200 4x day but the vics make me dizzy and groggy. I would not be able to go through the day without pain meds for I did that once and almost rear-ended someone with my kids in the car because I was in so much pain I couldn't concentrate on driving. Lets face it no one will hire us. I talked to my old boss who is also a friend so I asked her to answer my question honestly. I asked if she would hire me back and she said that she wouldn't because I'm a liability and she would be afraid that I would hurt myself even more by coming back. She said I see you and I don’t know how you would do it, sitting for 4 to 6 hrs strait doing book work and counting money all day in that small office. Not to mention that if I have to get up and walk around it would be in the stock room and there’s a lot of things that I could stubble on and fall down because my legs sometimes have a mind of their own. If I absolutely have to work I will do something from home like medical transcription or something like it. My girlfriend suggested maybe babysitting school age children a couple hours a day after school. Although who would want their children watched by someone who is on disabled and on vicodin? I don’t like it and I have 5 of my own, 2 who are already out of house. What a position they put us in. Why is it so hard for us to get SSDI, I know others who are on it for much less and had no problems getting approved. It really pees me off!!!! Let me know how you make out and I will do the same.-Kathy
  • OMG, Kathy, I need to talk to you some more. My situation sounds so similar. I have to join a conference call at this very moment, but I will get back to you.

  • The problem is that 80% of people will have back pain in their lifetimes. They obviously can't let all of them go out on SSDI. Apparently their solution is that they deny almost everybody under 50 with DDD and make them go to hearing.

    It's frustrating to me as a taxpayer- why can't they do this without the legal fees? (which I, as a taxpayer, would rather see going to the recipient rather than a lawyer?). There has to be a better way!

    I'm expecting my denial letter in about a month and a half. Sigh.
  • Feel free to PM me with any questions you have.My lawyer said case looks good but you never know when working with a government agency so will see what happens. Even if they deny me I will appeal the decision.-Kathy
  • I hope you get your disability. I'm just applying for mine but not in the States. Best wishes. Charry
    DDD of lumbar spine with sciatica to left hip,leg and foot. L4-L5 posterior disc bulge with prominent facets, L5-S1 prominent facets with a posterior osteocartilaginous bar. Mild bilateral foraminal narrowing c-spine c4-c7 RN
  • Dear Tarheelgirl,

    You have many of us following your SSD decision, to which we are all hoping you receive a favorable decision. :*

    I had no idea of the false "positive" ruling you had with that case worker. My word... I can't imagine going through something like that! But, you know what? You have kept strong and I know you won't back down. I admire you for that.

    I was talking to my attorney yesterday and he explained that my age, my work experience and my education are all negative factors in my SSD case. However, we have all of the medical evidence (MRI's, CT's, Xrays, lengthy physician reports, etc.) which prove my disabilities. I actually feel anxious to speak in front of the judge, so I can explain what I have been going through during the past year and a half. My tailbone has chronic dislocated fractures which are terribly painful, not only when I sit... but when I lay on my back and when I stand or walk. That is just a small part of the whole equation with what I deal with on a daily basis. I am pro-active... I continue with physical therapy and have so many self-help items I use on a daily basis. Whether it's propping my legs up on my wedge to help my circulation, investing in an infrared heating pad so I can receive heat 2 1/2 inches into my muscles, gobs of Thermacare heating wraps, aqua therapy in my pool, etc. Each day is different for me, in how I approach what area is hurting the most. Sleep... I am lucky to get 2 hours in a row and it's been this way for several months. What I can present to the judge is pure honesty and what my days are like. I would never, in a million years, picture myself having to file for SSD at age 43. I am sure you feel this way, as well.

    Like many here, I am just counting down the days until you receive a positive call from your lawyer.

    Take good care of you and snuggle up to that fabulous hubby of yours. I have the best of the best of hubby's myself. We are blessed by having them in our lives!

    Tammy >:D<
  • I have not found out anything yet...I was hoping I'd hear by now...but patience is a virtue, huh?

    Since I am no longer posting on this board, I will come back here and post onece more to let you all know my outcome from my hearing when I get my letter in the mail. I will not keep the ones who are sincerely interested in my case hanging. :) Just wanted to let you know that I will post the outcome of my case and I really appreciate all the prayers and well wishes from each of you.

    Thanks and God bless you all...
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