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Night in Juniper

I had hope after reading here, but I have lost my SSDI case at the judge stage

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Hi all,

 

I just want to say thank you for the support you have popped in with about your SSI and SSDI processes. Many of you have had success, so I had hope. 

 

My case started in early 2013. It has taken until this month to get a final decision letter that even the administrative law judge turned me down.  She was looking for hospitalizations, periods of time where I had to leave my home and go to a care facility. Because these things did not happen, they did not suggest 2-3 major periods of downslide per year. (I understand it that these are not universal stipulations)! I DID visit my doctor for crisis visits to keep me out of the hospital- one, because he does not like to admit, and two, because I have no insurance! She actually said that my visits were too few. 

 

SSDI states that a person may work to keep their head above water (up to a certain amount of $ earned), which I have had to do. I shared, in depth, my limitations with that and why I could not just increase it to full time or we wouldn't be sitting there. 

 

She said since two professionals agree that I can't work with supervisors or the public well and advise against it, she has three jobs I could choose from. Thus, this is one reason for denial. Has this lady read the manual? I was allowed to work some hours to keep ourselves a float. Working 4 days a month is not suggestive of one's ability to work 40 hours a week!

 

The jobs she listed are jobs I have no qualifications for, the type of work is not available in my area, and they are below my pay rate.

 

But thats okay, leave a frequently suicidal Bipolar patient to completely change something in their life and see how long it takes before I'm at the hospital for real this time, insurance or not. I feel so dehumanized. 

 

I have worked for these benefits! 

 

Just... have hope but never let it burn too strong.

Edited by Night in Juniper

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I'm sorry you didnt get the SSDI.  Can you appeal it?

 

It really sucks that you get SSDI only if the judge SEES that you've been hospitalized, rather than taking your word for it that you literally can't work enough to get by.

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Thanks for your thoughts. 

My doctor and even their own psychologist thought that my case would be a win. Sure, I can work a few hours, but I can't support myself under the SGA requirements. So both doctors did say that I couldn't work enough to get by.

My lawyer can appeal this, but after the admin law judge stage in my state, I am advised that it could take another 2 years to come to fruition. And it is essentially the difficulty of getting another judge to say that this judge did a bad job. Anyway, that's the next step if anyone wonders.

Edited by Night in Juniper

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I am really sorry to hear that. I let the time run out to appeal, so I re-applied (I never went to court). I did get the suggestion that I could do repetitive work, alone. It didn't really sound like any job I knew of.

They didn't disagree with the people that evaluated my case, they said that I became disabled after that date, so I lost a lot of the backpay I would have had.

I am sorry you had false hope. A lawyer wouldn't have taken your case if they didn't think you would win.

60% of first time applicants are denied (all applicants) and it is really hard to persuade them you can't work if you are working (even under SGA). But, who can live for 2 years without any income, waiting? It is a terrible system.

Thanks for the update and info.

 

 

 

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I'm very sorry to hear that you were denied. Is your lawyer going to file an appeal?

 

 

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Hi confused,

Yea- the whole thing with the repetitive work alone... where is that job? My doctors submitted that I shouldn't be working with the public and limited working with supervisors and coworkers (basically, I should be considered fully disabled), but what job doesn't ring up or serve customers at some point? What job doesn't have coworkers or supervisors checking in regularly? 

Why is it that a judge's opinion can outweigh the opinion of two doctors? I understand that everyone cannot be approved, but this was clearly wrong. 

Hi surreal,

My lawyer said that there is another appeal available- a review appeal of the judge's decision. They told me that this can be a very long and difficult process as well, possibly taking up to another two years. 

This is the sad truth but it would help my case to schedule a $200 doctor's appointment every month and be admitted to the hospital regularly. Obviously, I can't afford to do that. This has put my family in a really tough spot.

 

 

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I had a hospitalization 3 months before seeing the judge and think that really helped. He referenced it several times in his approval letter.

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