Sharing my experience - hearing with an administ. law judge

[Countingsheep]

Thought I'd share, as today was definitely not what I expected. Today, March 28th, after applying for social security in early 2003, I finally got to the hearing stage. Did it go well? I really don't know.

Here's how it went. It was the Judge, a court monitor, the medical examiner, my attorney, and me. Mr Judge was older than old and occasionally falling asleep when the attorney and medical guy were getting too boring. There were lots of basic questions about why I'm not working. My reasons?

A virus that attacked my nervous system in 2002 to give me:
* Idiopathic Hypersomnia
* A paralyzed nerve in my throat
* An asthma variant
* Low blood pressure problem called vaso-depressor syncope

All of this has surmounted to me sleeping 14 hours a day, frequently blacking out, coughing to the point of vomiting, memory loss, dizziness/falling, blah blah blah. Of course the medical examiner in all of his wisdom said, "she's really sleepy, but who knows why. Maybe she just needs more sleep." And the judge five minutes before the end of the hearing says, "is there an asthma component to this case?". Where was he for the past 45 minutes? Did he even look at my evidence file? With all of my strange diagnoses and symptoms, I just don't fit in their little boxes of disabled definitions. The judge seemed empathetic during my testamony, but my attorney said she didn't know if that was good or bad. She said he is hard to read.

Unfortunately, I'm only 37 years old. Social security wanted me contributing my highly skilled/paid income for at least 30 more years (I was in a six-figure job).

My attorney asked for a continuance as I am going to the Mayo clinic in a month, and perhaps they can offer clearer evidence of my problems? All I know, is that I have been going without income for a LONG TIME. Why can't this just be over?

Isn't this why we pay taxes? When someone so clearly disabled needs the help, why does it need to be so difficult? I'm am so INCREDIBLY dissapointed in our social security system.

I'll bore anyone who is interested with the details as this pans out. In the meantime, today's experience was totally draining. But, hopefully it will work out in the end. Wish me luck! I need a little!

[priscilla]

It's all a bunch of hooey if you ask me....I was on disability for over a year after I lost my job & had been denied unemployment....I hadn't intended to apply for SS disability but that's what I ended up doing.

The standard way things go is that one is denied 3 times & then has to go before the judge with a lawyer & the script the lawyer writes for them (I personally believe the denials are all about money...money going into the pockets of others...not that you aren't disabled & need help).

One must see SS's doctors & even after 'winning' their case...what a waste of time but they gotta get a wage too!
They don't they think or even care that specialists in the field know what they're doing.
My diagnosis was made at the U. of Chicago by Dr. Jean Paul Spire....not some SS paid psychiatrist! I don't have a mental disease...I have a neurological condition.
I'm so cynical over theeee 'System'.
Pris

[Countingsheep]

So Priscilla, you left me hanging! You say you are cynical about the system. Does that mean you were awarded social security? Please be my inspiration that things can actually work out the right way!

[Countingsheep]

Just thought I'd share my update. I was denied. My attorney is filing an appeal based on unfair treatment (b/c the judge was sleeping and the medical examiner was clueless). Their 10-page denial letter was full of random quotes take out of my medical evidence. The judge obviously never read anything I gave him. SO FRUSTRATING to have to justify that I am really sick and that I am really incapable of working.

Anyone at my hearing would have said the judge was the one with the sleeping disorder. He said I wasn't credible. Well, neither was he. I can't believe how badly the entire social security system is run. What an embarassment.

[sleepykitty]

The judge probably said, "I sleep on the job, why can't she?"

Sorry, Sheep, it is difficult to fight so hard with all we have only to be told we weren't "convincing". As if we are actors trying out for a part in a play. This is our life. I would suspect the judge has a sleep disorder himself (probably undx'd) and should have been able to sympathize from that angle.

[hessie28]

I'm making alot of mistakes at work. I have an important job where I put new child support cases on the computer. So really no room for mistakes. I'm a good worker. I catch the mistakes and fix them. They love me so they never write me up or anything. I'm not a trouble maker or anything so they give me a chance. It wold almost be easier if I was written up to show my decline. Plus I lost 165 pounds after gastric bypass surgery so everyone thinks I look good. I feel like people think I am a scammer.

[Countingsheep]

Thanks all for your support and encouragement. It's rough having been so independent, and now needing so much support. The financial support from social security would certainly have helped me in so many ways...

- I feel HORRIBLY guilty that I can no longer bring in that 6-figure salary.
- I feel AWFUL leaning on my husband and mother for so much.
- I guess my son will be looking at county colleges instead of ivy leagues (do I sound like a snob?)
- Money certainly makes it easier when you are considering your next best medical treatments.
- and so on and so on...

At least I have a support system. It seems like a lot of people on this site aren't that lucky.

I'll write on this again if my attorney has any luck with the appeal.

[hessie28]

Sorry to hear about your denial. Can I ask exactly what medical conditions you put in your paperwork? I went into the social security office in Hackensack last week. They were totally useless. The girl looked at me like I was scamming. She said to me "you made over $50,000 last year". I said "yes?" That doesn't mean I don't have a problem. She never once asked me what my disability was. I could have gotten more information off the streets. Keep me updated. Good luck with your appeal. What kind of lawyer do you have?

[Countingsheep]

Here is the biggest lesson I have learned so far. IT DOESN'T MATTER WHAT YOUR DIAGNOSES ARE for social security. Instead, it just matters what your "functionaly capacity" is to work - - even if that means flipping burgers a few hours a week. You have to be completely and totally disabled to qualify for social security. Therefore, if there is some gray area or subjectiveness to your symptoms, they will do everything in their power to turn you down.

Also, despite the fact that your past income shouldn't make a difference (I used to make six-figures), they still like to ask. AND, the judge at my hearing asked about my husband's income! Unreal. My disability should be based on my OWN capacity to work, not my support system.

As for a lawyer, there doesn't seem to be a lot of them doing this thankless type of work. My long term disability assigned me an attorney from a group called "Advantage 2000 consultants". Not that they have been successful for me yet... Are you in Northern New Jersey (I think I remember you saying that b4)? If so, I can recommend a social security attorney I had met in Morristown. I may be going to him next.

[Countingsheep]

Just thought I'd share...

My judge who slept through my hearing finally RETIRED! The social security system has just improved one notch.

[ArthurM]

Report that judge for sleeping on the job! It is about time that we stop being double penalized...... fistly from narcolepsy then from other people who refuse to get the help for their sleeping disorders