Denied

[lstrl]

I went to a hearing in front of the ALJ in October, all for nothing. Apparently I'm doing great! I can also climb stairs, ramps, stoop, kneel, crouch, and crawl. Ok, watch me. I'm not entirely credible since, apparently, my symptoms have gone away. I guess I'm just imagining my leg weakness, extreme fatigue, and the fact that I'm practically incontinent.

There are so many inaccuracies in that denial letter, it's sickening! They also clearly picked parts that backed up their claim and totally ignored others (like saying glasses correct my vision to 20/20, even though my problem was double vision and the glasses had no prism, so they did nothing for it and I was going to see a neuro-opthalmologist eventually). Apparently my urinary urgency and frequency are gone too, even though I've been going through all kinds of meds to find something that worked. I can't do that, but I have partially peed myself way more times than I'd like to admit. I guess that's normal these days.

A couple days before the hearing, I also had an evaluation with a physical therapist. There was no mention of that report which did side with me. That was the most recent info they had to go off of, yet no mention of it.

I can't believe they can get away with this and there's nothing people like me can do! I'm so angry and frustrated, and that just made me kiss all my hopes of keeping my house goodbye. I'm sick of fighting all of these battles. Right now I wish everything was over and that I could go to sleep and never have to wake up and deal with reality anymore.

[pennstater]

I am so sorry to hear. I have been waiting for my ALJ since denial last spring. Sad to say, since they plan on cutting SSDI 20% for current t recipients, I am sure they will do all they can to minimize new recipients.

Did you work with an attorney for the hearing? I am sorry to hear that may need to sell your house. MS blows. I fully expect they will deny me as well, since ambulatory and all "invisible symptoms". They are supposed to consider ability day in and day out to work. But since OK off And on, they decide OK all the time.

Do you have any appeal options or do you have to file a new claim?

[lstrl]

I do have an attorney and I plan on talking to her next week. It does state I can file an appeal based on the ALJ's decision, but if that ends unfavorable, that's it unless I want to reapply and start this process all over again.

Before things really even got started, he stated to me that he was there to do whatever he could to get me an approval. Based on the info that was picked at random to go against me and for them, it is very obvious to me that what he said couldn't have been further from the truth. I also have a big problem when it states how I am not very credible because I make my symptoms sound worse than what the drs do, even though I can easily prove some of their incorrect records. I guess in the SSA's language, doing better automatically means that everything has resolved and you're doing perfectly. Apparently there's no in between. The fact that I'm not in a wheelchair must mean I've got perfect mobility

Good luck with your hearing. I certainly hope things do end up going better for you than they did for me. It's so frustrating to wait so long just to get such a huge slap in the face and pretty much be told you're lying and that you're perfectly fine. Yet there are other people who know how to work the system and they get an approval when they don't even need it.

[couponlady]

aappeal hearing 2/9.

Reading all this makes me wonder if i should go at all. If i am denied, i can file another appeal, i think. I am going with no lawyer. I have had a hard time trying to get additional paperwork. I believe i have some that they dont. I have the same isdues that you do. I also have a herniated back which makes my ability to do my previous work impossible. I was a nursing assistant in long term care and local hospital for 8 years. I hurt my back many times there. I am praying that i am approved. Pray for me. Thanks

[pennstater]

couponlady,

hope all went well today and in your favor. I still don't even have a date.

[couponlady]

Update on my disability hearing

Reading all this makes me wonder if i should go at all. If i am denied, i can file another appeal, i think. I am going with no lawyer. I have had a hard time trying to get additional paperwork. I believe i have some that they dont. I have the same isdues that you do. I also have a herniated back which makes my ability to do my previous work impossible. I was a nursing assistant in long term care and local hospital for 8 years. I hurt my back many times there. I am praying that i am approved. Pray for me. Thanks

I had my hearing. I had a lawyer this time. My hearing and appeal I chose not to have a lawyer, BIG mistake. Third time with lawyer, got APPROVED!!!!!#### never choose to go alone. I said a few things at my appear hearing i should not have mentioned, they were minimal activities, like picking up a few pieces of wood for the stove. (i have a bad back) the judge took it out of context. So they gave me a disabled date for June of 2015, I have been out of work since June 2013, that's a big loss of what I needed. Happy that I was approved.

[Rich Feingold]

Reactions run the gamut

Sorry to hear about your frustrations, lstrl; they are unfortunately common.

And good news couponlady. Wishing you all the best.

Rich

[meissie47]

I am so sorry to hear. I have been waiting for my ALJ since denial last spring. Sad to say, since they plan on cutting SSDI 20% for current t recipients, I am sure they will do all they can to minimize new recipients.

Did you work with an attorney for the hearing? I am sorry to hear that may need to sell your house. MS blows. I fully expect they will deny me as well, since ambulatory and all "invisible symptoms". They are supposed to consider ability day in and day out to work. But since OK off And on, they decide OK all the time.

Do you have any appeal options or do you have to file a new claim?

Hi Pennstater. My symptoms are also invisible and I'm now waiting on a hearing after going on 3yrs since initial application. Only 5months into the wait though. Broke and scared that I've waited this long only to be denied after getting before a judge because my symptoms are invisible.

Do you have a post on the symptoms forum of your invisible issues that I can look at? It seems there are not many of us filing for SSDI with invisible issues. I'd also like to read some stories of those who won their ssdi with invisible issues.

Also you and I are around the same age.
Meissie

[pennstater]

Hi Pennstater. Do you have a post on the symptoms forum of your invisible issues that I can look at? It seems there are not many of us filing for SSDI with invisible issues. I'd also like to read some stories of those who won their ssdi with invisible issues.Also you and I are around the same age. Meissie

I posted occasionally in symptoms, but not one thread. I do have one in this forum on my SSDI experience. I did get approved.From a symptom standpoint, fatigue was a big culprit, along with cognitive issues, right arm numbness and pain.

I had multiple neuropsych evaluations. While no big weaknesses, it did show some and neuropsych placed emphasis on how fatigue affected my performance.With the fatigue, I would experience pseudo-exacerbation like symptoms of dizziness, sound and light sensitivity, and weakness, especially my arms, which are most affected.Finally, depression and anxiety, mostly over my ability to work and how my performance was impacting my co-workers, my projects/clients, and my bosses' objectives.

An additional issue I phase usually once every year is a nasty respiratory infection I get that usually requires 4-8 weeks of steroids, usually an ER visit or two, because airways get so inflamed. And since Tysabri makes me more susceptible to infection, and absences were becoming issue, also supported my case.My last boss really helped, writing a letter documenting my strong work ethic and noticed changes in performance, how my absences affected everyone, and the accomodations we tried, but ultimately failed to resolve the issue.I also had strong medical notes that supported the invisible symptoms and issues.

The judge had an occupational therapist at the hearing. She stated that given all the records and my answers in the courtroom, there was no job I could consistently do full time. "Consistent" being the key. I know the judge considered my long work history going back to my teenage years as additional support that I woukd rather work and not gaming the system. He also let me know he was ruling in my favor at the ALJ hearing, which is not the norm. He did that because he said I waited extra long and he wanted it awarded ASAP.I hope you wind up approved with back award. If you want to email me, feel free. Email is in my profile.

**Moderator's note - Post broken into paragraphs for easier reading. Many people with MS have visual difficulties that prevent them from reading large blocks of print. **