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sleepykitty
Joined: 16 Feb 2002 Posts: 1219
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Posted: August 09 2007 Post subject: Another Win for the PWN |
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After waiting 4 yrs on SSDI, I finally had my hearing and the judge granted a fully favorable decision on the spot. She actually already had the decision made before meeting me, and the questions she asked were pretty basic and open ended to allow me a chance to tell how narcolepsy affects my life. But it was clear that she did not question IF I was disabled. Acted like it was a no-brainer, based on what my GP submitted in her Residual Functional Capacity Questionnaire.
Makes you wonder why someone with some brains wouldn't have looked at that stuff sooner and decided there was no employment available to someone w/ those kinds of limitations.
She also admitted on record that part of the delay in my case had been the fault of the SSA since my file was not processed or lost for a period of time, during which I was too tired to worry with following up on it.
The money will be nice, but truly, it just feels good to be validated by the system that has failed me all along. Not just the screwed up SSA process, but beginning with the ADA, EEOC, federal court system, past employer, etc.
A word of encouragement to those facing an ALJ.... I found my lawyer to be much more intimidating than the judge. But then, prior to going into private practice, he had been an ALJ for 20 yrs. The hearing itself was a breeze and not nearly so emotional as the meetings I had w/ my lawyer to prepare me for the hearing. |
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Countingsheep
Joined: 23 Feb 2006 Posts: 1176 Location: Northern New Jersey
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Posted: August 14 2007 Post subject: |
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You are truly my hero. I hope some day I can make a posting just like this. CONGRATS.
P.S. Wish I had your judge last time.  |
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sleepykitty
Joined: 16 Feb 2002 Posts: 1219
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Posted: August 15 2007 Post subject: |
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Thanks, Sheep. I hope you do too. It was a long wait, but the money has made a nice nest egg in the meantime.
Several things that come to mind as advice. First and foremost is credibility. As my lawyer (former ALJ himself) said, this is most important in what a judge looks for. That you are a credible applicant. That you are not over sensationalizing your illness(es), while not downplaying them either. That your story remains the same. Really just remaining true to who you are and not just saying what you think they want to hear.
I know some on here have suggested showing before the judge as unkempt as you can make yourself appear. Although my lawyer reminded me that this was not a business meeting and showing up dressed as such could make it more difficult to see how I struggle to get ready just to go to the grocery. He also didn't want me showing as a slob. In reading parts of my SSA file, I noticed that the 3 dr's SSA sent me too all reported that I was well groomed/dressed, etc, so if I had tried to make myself appear less than who I am, I would not have come off as being credible.
Another factor the lawyer thot was in my favor is that I have a long standing relationship with my GP, whom I have seen for more than 10 yrs. She completed the RFC, even though she is not a sleep specialist. Yet she knows me well, knows my history, and had been treating me several years before being dx'd w/ N. I'm sure it also helps that I have a history of N going back to childhood, despite performing well in school and jobs. So it isn't like I didn't try in life.
I did not have any friends or family members write letters of support. My lawyer didn't think it necessary. My husband was asked a few simple examples of how he sees the impact on my day to day activities and provided solid answers for that. Because I didn't even know him when I applied, he had not had to complete any questionnaires for SSA so this was his only input.
I did give my lawyer some strong examples of what my life is like, which he then asked me to relate a few of those to the judge. But like I say, she had already made her determination based on the evidence prior to the hearing. And she did base it solely on narcolepsy, even though I have also been dx'd w/ fibro now and have had previous problems w/ endometriosis, asthma and allergies. |
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