So I applied for SSI/SSID and after about a year I finally have a hearing scheduled next week. The hearing just happens to coincide with the last week of classes so it’s really not a great time to plead my case. My mom really was the one that urged me to apply. I never wanted to but I also know I haven’t worked for several years, and I don’t really know what I am capable of doing in terms of employment. I’ve just been focusing on getting through school. I’m not sure if I want to go to the hearing or not.
Here are the reasons I don’t want to go…
Binder and Binder represent me but I’ve never actually met anyone in person from their office or for that matter even talked with anyone on the phone. So even if my representation will answer most of the questions I still don’t have any relationship or know this person at all and that makes me feel really uncomfortable. An illness is far more than symptoms listed on a page.
I don’t want to go on trial either and defend myself. Technically I have Mixed Connective Tissue Disease. I don’t know if that makes a difference in terms of getting approved but I was only diagnosed a few years ago, and I don’t think I have an extensive enough medical history to be approved for SSI/SSID. These illnesses progress slowly and so there is some evidence such as blood tests but there is no smoking gun. I know my limitations and I know how this illness affects me but proving it beyond reasonable doubt in order to show I can’t work and earn substantial income to survive is hard! I’ve read posts about people with cancer who were denied.
Also I’m worried that the vocational expert will say since I’m in school I am able to do sedentary work and be able to work from home or something. For others who have gone through this process realistically what is the outcome? Do I even have a chance, is it worth it? For others, what kind of work have you been able to do and how do you balance work and lupus?
I was a paralegal at a disability law firm for close to a year, it wasn't my thing, so I no longer work in the disability field. It is quite normal that you don't have any contact with anyone from the law firm, but they should have been collecting medical records. But an attorney and/or a paralegal should call you to prep you for the Hearing.
A common misconception is people who are genuinely sick should automatically be given disability benefits however the harsh reality is that the people who get disability are the ones that have their illnesses reflected in their medical records. No medical treatment = no disability. Which is sad because there are alot of people that cannot afford the treatment they should be getting. However, I saw many with good evidence still get denied, alot of times it is luck of the draw on the ALJ (the Judge) you get. The Hearing is not what you think it will be. It will be a Judge, your attorney, a court reporter and if there are any experts, like medical or vocational. So, I would NOT let that intimidate you. Even if you get denied at a Hearing level, that isn't the end of the road, it can go to Appeals and get remanded back for another Hearing. So do not discouraged, although I know it is easier said than done.
My advice is, go to your Hearing, if you reschedule it could take months for them to put you back on the Hearing list. So if at all possible go. Also, encourage your doctors to fill out questionnaires about your illnesses. As long as those questionnaires coincide with the evidence in your medical records, it helps your case so much!!!
Thanks so much for you advice! This whole thing has kind of been on the back burner because school has been my main focus and that is exhausting enough with lupus. Then it's usually months between correspondence with Binder and Binder. I think I originally filed in 2013 and two weeks ago I found out I have a hearing so it’s like a crash course, and I feel so unprepared. Now that I’ve actually had some time to go through all my files I feel like I have more questions than answers. Since you have some direct experience in this field I was wondering if you could maybe answer a question.
I noticed when SSA denied my claim it listed every “medical” condition I’ve pretty much ever had with the only one I’m filing for (Mixed Connective Tissue Disease) thrown in at the end and not even listed properly. It just said connective tissue disorder. Half of the medical records were from doctors who have absolutely nothing to do with this condition or who I saw one time, again for something unrelated. I vaguely remember on the Binder and Binder questionnaires filling out ALL medical conditions and ALL doctors seen with in a certain time frame…and I can see why SS would have denied me for asthma when I haven’t had an asthma attack since I was a kid, but if this is mainly the information the judge will have then I am wondering how much my testimony matters.
I feel like Binder and Binder just took any and every medical condition I have/had and threw it at SS. I get it. I’m not naïve regarding the systems like law firms or SS. I know most of the time rational comes second to reality. I know Binder is busy and handling a ton of cases so a phone call while nice is most likely unrealistic. I also get that SS receives a huge amount of claims and denies almost all of them the first time if not several times more. But, if my medical file is not developed enough I’d rather know now so I can get the right information from the right people and I don’t continue to go through the hoops for the sake of going through and be pretty certain there isn’t going to be any reward.
I’m trying to contact Binder and play catch up before the hearing but I guess my question is: does this sound normal or should I maybe think about finding another attorney and building a better case?
I’m so sorry I didn’t get back to you sooner…crazy weekend!
Well during SSA’S initial assessment they will collect the initial medical records. And they are going to want all medical records of any and all places you’ve been but that doesn’t mean they will collect all them if that makes sense. That’s where having a hearing comes in because that is the chance for all the medical records to be collected and presented as evidence.
Now that being said I would call your law firm and update everything and make sow they are working on it. If they aren’t or won’t take the time with you I would switch and switch fast.
I hope that helps.