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For Those Who Requested An Update

dharvellddharvell Posts: 98
edited 06/11/2012 - 8:33 AM in Neck Pain: Cervical
Quite a bit back, I mentioned that I was scheduled for a Social Security Disability hearing, due to my neck issues, for July 16, 2009 [yesterday, from the time of this writing]. When I mentioned this, I was requested to post an update when I received my ruling.

My attorney made it clear to me that it could take up to 3 months for the judge to rule. However, after testifying, the judge issued a bench ruling, immediately... IN MY FAVOR!!!

We are going to reconvene in 24 months to review my circumstances at the time. But, as it stands, my ruling is retroactive to June of 2007.

I thank you all for the support and the encouragement. Though the disability ruling will not help the situation with my neck issues, it is still a life changing event for my family and me. We're breathing a LOT easier, now...
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Comments

  • Way cool. Congrats.
  • MetalneckMetalneck The Island of Misfit toysPosts: 1,778
    Super Great news ... I have gone through my two denials ... how do you think the judge will rule for me??

    I thought they would just look at my x-rays and say ok ... guess its in the hands of a judge for me ... don't know when my hearing will be yet ... oh the waiting games ... no surgery for you? Yet??

    D
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  • Thanks! I was so nervous, because of our dire financial situation. But, it all worked out. So much weight off our shoulders!
  • Metalneck said:
    Super Great news ... I have gone through my two denials ... how do you think the judge will rule for me??

    I thought they would just look at my x-rays and say ok ... guess its in the hands of a judge for me ... don't know when my hearing will be yet ... oh the waiting games ... no surgery for you? Yet??

    D
    Talking to my attorney about how judges rule, it's very much a game of who your judge is and whether they are compassionate, or not. The judge I had has a very good history of paying disability appeals. He understands that chronic pain severely impacts ability to perform on the job. However, another judge in the same court building only has a 17% pay rate... regardless the source of the disability. The judge looked at my medical history, asked a few questions such as, "Why do you think you would not be able to do a job such as security guard, where you sit and look at monitors, all day, and call somebody if a problem arises?" My reply was that the position of security guard requires a great deal of attention to detail. Detail that I would not trust myself to catch, as I am preoccupied with pain and judgement impared, due to 4 types of medication that promote drowsiness (2 narcotic pain meds, 1 muscle relaxant, and an antidepressant). The judge agreed, wholeheartedly. Basically, you have to prove that you are unable to work a 40 hour week, because of your condition through medical records, doctor reports, and questions asked by the disability judge.

    Actually, surgery appears to be a real possibility, at this point, I am excited to say! The surgeon wishes to discuss the surgery to my wife, so she can help make the decision, but we're pretty sold on it. If there is even a 50/50 chance that it will improve my quality of life, I am willing to give it a go!

    Good luck with your continuing battle with disability. It can be a terrible journey! Keep us posted, though!
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