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DRIEDOUT's Photo DRIEDOUT SparkPoints: (3,899)
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5/22/13 5:31 P

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Oooh! It was hard, hard, hard. The attorney representing me was very nice, but there's all this crazy back story. I think if they deny me benefits, I'm going to find a ghost writer (I know two) and submit it to the New York Times.

Turns out, the judge who is hearing my case is famous for unfairly denying disability. In fact, he is being sued by a federal class action suit. The lawyer told me that if he denies me benefits before the suit is settled, I'll automatically qualify for an appeal.

He also said that based on the material reported by the doctors (mine & the one hired by the social security admin), if this judge denies me he thinks I'll qualify for an appeal. He also thinks that the judge KNOWS, based on this information that I'll qualify for an appeal.

HOWEVER, the practice I've been going to since 2008, only sent my records from 2011. The judge opened the hearing pointing out that there was a significant gap since my last hospitalization 2007 and the records sent by the practice where I've been going the past six years, since 2007.

So the judge said he's going to supoena the records from the medical practice, and we will recess until he can see my complete records from the onset of illness.

The lawyer thinks the judge REALLY recessed because he forgot (or didn't know) to get a psychologist to help him interpret the data. I hope he does. The judge may thing I'm just a lazy complainer, but the psych, if he is trained and honest, will see that I am the poster girl for B-P 1. To the extent that it is embarrassing to talk about

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JUST2MUCH2's Photo JUST2MUCH2 SparkPoints: (1,489)
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5/21/13 2:23 P

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Oh, and a good thing is you will get paid retroactively from the day you 1st apply so the long time it takes due to denials & lag time will at least be paid for once you get accepted.

Ever tried? Ever failed? No matter. Try again. Fail again.
FAIL BETTER!~Samuel Beckett


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JUST2MUCH2's Photo JUST2MUCH2 SparkPoints: (1,489)
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5/21/13 2:21 P

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Yeah--not sure of the 5-year thing as new conditions are always being added to the disability list AND I doubt your condition is one that stays the same. Bipolar usually is a fluid condition w/new symptoms popping up or the need to change meds due to a relapse, etc. so what your "condition" was as far as how it was disabling you 5 or 6 years ago is probably very different today.

For me, my bipolar condition is frequently disabling in different ways on different days. I'm sure your pdoc will be able to assist you in compiling info. about the way your condition varies as to how much you can accomplish each day. That is a very important feature--not being able to PLAN how you are going to feel 2 days from now or how much energy you will have or your ability to focus or how good your memory is, etc.

Not being able to predict how you will feel or be able to "perform" on a job on a daily basis makes it impossible to hold down a normal job.

It is the same as my chronic pain issues (6 years now & started on morphine ER about 3 mos. ago but it makes me SO TIRED); yet, if I don't take it the pain can suddenly increase & disable me where I can't even drive (hand & arm pain--both right & left--that makes even touching the steering wheel so painful) & I don't want to carry Norco (a dosage of Vicodin that I have for the sudden "breakthrough" pain) as there is such stigma to taking pain meds so don't want to have pain meds in my purse.

But then I often have to just turn around & go home when on my way to meet someone for lunch (even had to do that on the way to a surgeon's appt. for 2nd opinion) so just don't plan any social events as have to cancel at the last minute so often.

So am a hermit except for doc appts., physical therapy & "head" therapy...

On the time when I was driving to the surgeon's appt. I had to pull over, crying, call the doc's office & tell them I would be late due to having to drive home to take pain medication. While on hold, a cop drove up next to me while I had my head on the steering wheel, crying. He asked if I was OK to drive & if not he offered to drive me to my doc's appt.!!

Nice cop!!

Good luck to you & take care...


Ever tried? Ever failed? No matter. Try again. Fail again.
FAIL BETTER!~Samuel Beckett


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KIMBERLY0916's Photo KIMBERLY0916 SparkPoints: (117,231)
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5/21/13 1:36 P

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i'm sure every hearing in every city is different ... my advice ... play up the craziest time and difficulty you've ever experienced ... no matter if it's tough or feels odd now ... make like it's like that or near that all the time. they need to know how you don't sleep or don't clean yourself or eat or take care of finances or your pets or children or job or whatever .... as for now or getting better .. say you're trying but it's a struggle

and i've never heard that part about 5 years or whatnot... it's a better question suited for the lawyer

i'm on my last step waiting for denial of my 1st case attempt without a lawyer ... and if i get denied (probably should say when i get denied) ... i have to reapply from the beginning of paperwork but with a lawyer this time

How are you measuring your year? Speeding tickets, cups of coffee, love


BECAUSE I CAN


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DRIEDOUT's Photo DRIEDOUT SparkPoints: (3,899)
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5/21/13 12:07 P

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Thanks J2M2 --

I was denied after I applied, and my psychiatrist told me to hire the law firm Binder & Binder because they specialize in disability claims.

My understanding is that you only have five years to apply. I did apply, just within five years, and now my appeal is in the 6th year.

I'm not sure, but I think this means that if my appeal is denied, I'm out of luck.

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JUST2MUCH2's Photo JUST2MUCH2 SparkPoints: (1,489)
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5/21/13 11:31 A

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The disability requests are routinely denied THREE times before someone is accepted. This is stated in the Disability Guide I have on-line & the gov't says it is helpful to hire a lawyer who specializes in filing for disability as they "don't charge fees" for this which shows that the person in the gov't thinks disabled people are also STUPID as, of course, it will cost you money but the case is taken on a contingency basis--if you don't get accepted even after several denials & refilling, the attorney will not charge anything (but they, of course, take on cases they think they can win).

So IF you are accepted while using an attorney, the attorney will take a % of your 1st payment or however they work it out, to get their payment so you aren't writing the lawyer a check--but you most certainly are paying the lawyer a FEE for his/her assistance.

Really is insulting for the gov't to state that it won't cost you anything when you use an attorney.I will try to see if I can get a link to the Disability Handbook here. I think I posted the link quite awhile ago so maybe you can search for it in this team forum.

Let us know how it went & remember being denied is usually what happens. I've only heard of one friend who received the disability benefits on the FIRST try. She is definitely the exception!!

Ever tried? Ever failed? No matter. Try again. Fail again.
FAIL BETTER!~Samuel Beckett


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SEATTLEDENMOM's Photo SEATTLEDENMOM SparkPoints: (0)
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5/21/13 10:55 A

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Hello DriedOut -

Glad to hear you are mostly stabilized. I wish I had some advice or otherwise good words for you. I'll have good thoughts for you today at the hearing.

I know when we moved from The City my mania stopped appearing so frequently. I was very subject to the people who I ran into on the streets. Taking little breaks to Long Island and CT and Beacon helped me calm down and refocus. I'm not saying that today or tomorrow, but possibly in the future to think about possibly moving out of the City?? Just a thought. I miss the City, but I don't miss myself of the City. Does that makes sense?

Good luck!
Amanda

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DRIEDOUT's Photo DRIEDOUT SparkPoints: (3,899)
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5/21/13 10:20 A

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Anyone else had a hearing to appeal denial of disability? Mine's tomorrow, and I'm freaking out. I'm in NYC and the person coordinating my case for the law firm told me that the judges in my area tend to be tough. I was a raving maniac (literally -- I won't bore you with the details, but if you've heard about it as a symptom of mania, all except the euphoria. I wasn't happy I was delusional and angry that not everyone else say things my way) for years.

I've managed to stabilize enough that I'm not running naked down the sidewalk or picking fights with cops or drinking all night or sitting on a manhole cover in the middle of a dark street. That's good. What I am is tired ALL THE TIME. I've been on every med known to shrinks.

If this doesn't work out, I don't know what I"ll do

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