SS Denial #3 and ER trip

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SS Denial #3 and ER trip

Post  KimbaK on Mon 14 Nov 2011, 1:19 pm

Hi all,

Since my last post, I have received my latest denial from social security. My next step is to request a hearing from the Administrative Law Judge and wait for them to assign a court date. I think I'm going to get a lawyer for this. I don't want to mess this up. Does anybody have any comments or suggestions? I don't want to have to pay a lawyer if there is another way to get this done.

I finally went to ER last week I think Tuesday. I had to have my mother drop me off. I can't let her come in with me because she has COPD so bad. I was ready to go to pieces because sometimes the staff are kind of mean and I'd felt so awful for so long. Then I caught a huge break. One of the nurses whose seen me several times and is always kind and compassionate was on duty. She came out to help me and even cleaned out a room so I'd have a quiet place to wait. She hurried the doctor along and got the IV started immediately. And the doctor gave me Dilaudid, Toradol, and Ativan. Then my dad came to take me home. I slept for 2 days.

I'm back in my usual pain cycle. I have been for about the last 10 days. Nothing has changed other than I'm not sleeping well. My doctor doesn't want to give me anything but Lunesta. I'm just doing the one day at a time thing.

Hope everyone is doing well. I read more than I post, but all of you are in my thoughts, prayers, or voodoo chicken rituals.

Kimba K

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Re: SS Denial #3 and ER trip

Post  milo on Mon 14 Nov 2011, 6:57 pm

Nice to hear from you, even if it is disappointing news! I hope someone here has some good advice for you.

Hang in there friend.

I'm so happy to know that you got one of those very rare "understanding and caring" nurses. Pain patients get treated so badly in ER's.

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Re: SS Denial #3 and ER trip

Post  Cluelesskitty on Tue 15 Nov 2011, 12:11 am

Oh, how disappointing Kim, so sorry about that, but once again yes don't give up. I too, had to appeal at least 3 times.
Don't give up, and eventually they will have to take you seriously.
I have this idea most systems work like that - they hope if they deny the applicants will go away, problem solved, money saved.
Not with this lady, pal.

And I am so sorry about your usual pain cycle. But I strongly hope since you had such a nice break,
maybe you will have more and more of these again. Fingers crossed!

Gentle hugs,


I feel sorry for people who don't drink. When they wake up in the morning, that's as good as they're going to feel all day.
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Re: SS Denial #3 and ER trip

Post  steph on Thu 17 Nov 2011, 4:09 pm

Well, here is my advice, get a lawyer. I had to get one. I got a bench decision on my disability and within 3 weeks of my hearing had my money from the past several years and my monthly disability starting to come in. My Lawyer charged me 25% of what the decision was. It was a SMALL price to pay. If I would have lost, I would not have had to pay anything. There were some small charges for paperwork and stuff, but even that was reduced because of the amount of paperwork and records that I had personally. I would take every scrap of paperwork, records, insurance statements, EVERYTHING you have with you to the lawyer. I have 4 3" binders that I keep adding stuff to. Going through my disabilty denials and stuff taught me the value of good record keeping.

If you haven't already, from this minute forward, get copies of everything. Copies of test results, xrays, ct's, mri's, lab results. Make yourself a timeline, use your EOB's from your insurance if you have to. Every ER visit, every DR visit, and what was done. What medications, treatments, procedures, everything. This is invaluable, in mor ways than one. If you choose to change DR's you have concise records of what you have tried in the past, what has helped or not and what you are not willing to do again. In my hearing, we had so much evidence that it was virtually impossible for the outcome to be anything but positive. I actually was in the midst of a horrible migraine the day of the trial, partly due to the stress of it I am sure, but I think it actually helped the judge to visually see the effects of the migraines.

I am not sure what else to say to help you here, but if you have any questions please ask. Also, I was very fortunate to find a compassionate lawyer, who herself had migraines from time to time. This is what prompted her to take my case, well that and the amount of records I arrived with. Trust yourself and your gut when finding an attorney. She had never had a migraine case before, we believed in eachother, and we won. She had also never received a bench decision before and was not expecting to in my case. Any time you fill out paperwork for disability, I suggest using your worst case. Refer to the days when you are at your worst when it asks what you can and can't do.

The administrative law judge told me at my hearing they would review my case in a year. If they did, it was unknown to me. My paperwork states that they did review it in 2007 and continue it, but I never knew anything of that either. This year was the first time I had to do anything. when I was awarded, my money went back 3 years to the point when I first became disabled. there were times in there I was able to hold a job for a while, but nothing really full time. I am not sure how they determined that date, as I started with migraines on July 8 2002, but their date was Sept 2003. I think it is the date when you are actually unable to work consistently or hold a job. (I also maintained good relationships with my employers whether I was fired or we mutually separated, and have several letters from them stating the nature of my job, my performance etc. All state that when able I am a good employee and hard worker, but my medical situation caused absences and affected my performance.) My lawyer took her percentage on that amount of back pay. I do not think I would have been able to win or represent myself well enough to win without my lawyer. At this point I would not take any chances. If you hire someone who only charges if you win, you are out nothing if you lose!

My case just came up for review. I was sweating bullets filling out the papers and actually had to go to SSA to get help. They were wonderful there, my previous experiences there weren't so glowing mind you, but my caseworker noticed my records, that I toted with me, and made copies for me of everything we did so I could add to my stacks! She also told me that once up for review, the burden of proof is on them to show that you are better, and that as long as nothing has changed for me I should be ok with a continuation. According to this woman, it is harder to get off disability if you still need to be on it, than it is to get it in the first place. Not sure I agree with that yet!!!

If you need sunglasses in you hearing wear them. If you need something repeated ask for it, or to have them talk slower, or whatever, but make sure, migraine or no, that you understand everything they are saying. Please find yourself a compassionate lawyer that you can put your trust into. I know this sounds funny, but they are out there!!! I got lucky and I do not regret for one moment paying my Lawyer. In fact I bought her and her secretary gift cards and chocolates after the decision! I am forever thankful to her and have stopped by her office on occasion since the hearing. Good Luck, IM me or reply if you have any questions or if I might have left something out!!! Remember a victory here is a victory for all of us! Laughing

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