Welcome, Guest. Please login or register.
April 29, 2017, 08:23:58 AM

Login with username, password and session length


Members
Stats
  • Total Posts: 712130
  • Total Topics: 57137
  • Online Today: 249
  • Online Ever: 1421
  • (August 13, 2016, 05:18:44 AM)
Users Online
Users: 5
Guests: 178
Total: 183

Welcome


Welcome to the POZ Community Forums, a round-the-clock discussion area for people with HIV/AIDS, their friends/family/caregivers, and others concerned about HIV/AIDS.  Click on the links below to browse our various forums; scroll down for a glance at the most recent posts; or join in the conversation yourself by registering on the left side of this page.

Privacy Warning:  Please realize that these forums are open to all, and are fully searchable via Google and other search engines. If you are HIV positive and disclose this in our forums, then it is almost the same thing as telling the whole world (or at least the World Wide Web). If this concerns you, then do not use a username or avatar that are self-identifying in any way. We do not allow the deletion of anything you post in these forums, so think before you post.

  • The information shared in these forums, by moderators and members, is designed to complement, not replace, the relationship between an individual and his/her own physician.

  • All members of these forums are, by default, not considered to be licensed medical providers. If otherwise, users must clearly define themselves as such.

  • Forums members must behave at all times with respect and honesty. Posting guidelines, including time-out and banning policies, have been established by the moderators of these forums. Click here for “Am I Infected?” posting guidelines. Click here for posting guidelines pertaining to all other POZ community forums.

  • We ask all forums members to provide references for health/medical/scientific information they provide, when it is not a personal experience being discussed. Please provide hyperlinks with full URLs or full citations of published works not available via the Internet. Additionally, all forums members must post information which are true and correct to their knowledge.

  • Product advertisement—including links; banners; editorial content; and clinical trial, study or survey participation—is strictly prohibited by forums members unless permission has been secured from POZ.

To change forums navigation language settings, click here (members only), Register now

Para cambiar sus preferencias de los foros en español, haz clic aquí (sólo miembros), Regístrate ahora

Finished Reading This? You can collapse this or any other box on this page by clicking the symbol in each box.

Author Topic: ssdi appeal question...  (Read 49675 times)

0 Members and 1 Guest are viewing this topic.

Offline mitch777

  • Member
  • Posts: 4,087
Re: ssdi appeal question...
« Reply #100 on: September 13, 2014, 03:58:02 PM »
So, I found out who my judge is going to be. I checked out his % of approvals and he has the lowest by far. Only 22%! The national average is 44%. Getting more anxious.

I did finish my letter and sent it to my attorney. She liked it and thought it was well written. Also been watching a few youtube videos about ALJ hearings that have been helpful. About 8 weeks to go.
33 years hiv+ with a curtsy.

Offline Jeff G

  • Administrator
  • Member
  • Posts: 17,061
  • How am I doing Beren ?
Re: ssdi appeal question...
« Reply #101 on: September 13, 2014, 09:03:23 PM »
So, I found out who my judge is going to be. I checked out his % of approvals and he has the lowest by far. Only 22%! The national average is 44%. Getting more anxious.

I did finish my letter and sent it to my attorney. She liked it and thought it was well written. Also been watching a few youtube videos about ALJ hearings that have been helpful. About 8 weeks to go.

You have so many valid issue documented I can't imagine you being denied . I know its nerve wracking all the same .
HIV 101 - Basics
HIV 101
You can read more about Transmission and Risks here:
HIV Transmission and Risks
You can read more about Testing here:
HIV Testing
You can read more about Treatment-as-Prevention (TasP) here:
HIV TasP
You can read more about HIV prevention here:
HIV prevention
You can read more about PEP and PrEP here
PEP and PrEP

Offline mitch777

  • Member
  • Posts: 4,087
Re: ssdi appeal question...
« Reply #102 on: September 13, 2014, 09:28:51 PM »
You have so many valid issue documented I can't imagine you being denied . I know its nerve wracking all the same .

Objective "proof" is pretty slim I think. If I get turned down at this point I will feel crushed. It's kind of hard to focus for me when I am feeling so stressed. I know I have zero chance of ever working again. It's beyond nerve racking. I'm bushed, I'm angry at this system for raking me over the coals, and with everything else going on in my life the added pressure of a hearing is, well, it sucks. I feel like a sick circus poodle jumping through the hoops for a "treat" that I should be entitled to at this point in my life.
33 years hiv+ with a curtsy.

Offline Since1993

  • Member
  • Posts: 108
Re: ssdi appeal question...
« Reply #103 on: September 13, 2014, 10:34:28 PM »
So, I found out who my judge is going to be. I checked out his % of approvals and he has the lowest by far. Only 22%! The national average is 44%. Getting more anxious.

Unfavorable
Favorable
Partially-Favorable

Did the statistic you found separate the three different types of findings?  Favorable and Partially-Favorable are approvals.

Anyway, it is futile to assign ALJ approval ratings to your disability claim because medical evidence of record and your functional ability to earn at least $1070 monthly is what will ultimately decide your approval or denial.  If the Vocational Expert at the hearing states there are no jobs in the national economy you can perform, it will largely improve your chances.  Detailed medical evidence of your diminished Residual Functional Capacity assists the ALJ and Vocational Expert to make the correct decision.  You are likely in later stages of the 5-step Sequential Evaluation Process and if you are approved, it will likely be based on vocational allowance. 

Statistically speaking, your chances of being approved on appeal vs. initial determination are significantly higher.  Keep going to your physicians appointment, keep taking your medications and stay proactive in your disability claim by checking at least monthly on the status of how things are progressing.

The process is long and pain-staking, but knowing you have an attorney should lessen your anxiety because if an attorney took your case, there is a very high probability you will win.  Sometimes you just have to let go and allow the process to unfold, understanding you've given due diligence.  Positive-thinking yields positive results.

Wishing you a positive result!


Offline zach

  • Member
  • Posts: 3,353
Re: ssdi appeal question...
« Reply #104 on: September 14, 2014, 01:09:49 AM »
good progress on the letter. and when you speak, come from the heart, you'll nail it man. it is so messed up that the nature of the beast is you don't actually fight the system until you're sickest and weakest. the cards are stacked from the start against.

good luck man, really, i want to see it work out

me, one more month of the waiting period, transitioning from SSI to SSD, losing medicaid, and medicare won't kick in for an additional year. worried there

Offline Since1993

  • Member
  • Posts: 108
Re: ssdi appeal question...
« Reply #105 on: September 14, 2014, 02:22:03 AM »
one more month of the waiting period, transitioning from SSI to SSD, losing medicaid, and medicare won't kick in for an additional year. worried there

Zach,

No need to worry.

Once you lose Medicaid, you will be eligible to apply for an Affordable Care Act plan with Advanced Premium Tax Credit/Cost-Sharing Reduction and Ryan White Part B/ADAP assistance which should eliminate out-of-pocket costs associated with HIV-related medications on your states HIV formulary and premium payments.  Just remember to choose a SILVER plan and check the formulary of the insurance plans to make sure the medications you take are covered on their formulary.

Medicare will begin 29 months after your Established Onset Date of Disability, or 24 months after the first date you retroactively begin receiving SSDI disability payments.  Ryan White Part B/ADAP will cover the cost of your Medicare Part D prescription drug plan and co-pays associated with HIV-related medications on your states formulary.  Unfortunately, Medicare Part B premiums will automatically be deducted from your monthly disability payment cannot be reimbursed by the Ryan White Act.


Offline Blkpoznc34

  • Member
  • Posts: 16
Re: ssdi appeal question...
« Reply #106 on: September 14, 2014, 10:36:38 AM »
Hi Mitch777,

I am sorry you are having to wait and deal with the stress of this long process. I was finally approved five months ago at the ALJ level after a two year wait and denial letters. Just remember that you are your own best advocate. When I told my HIV doctor that I could no longer work due the pain from Peripheral Neuropathy, Fatigue, lack of concentration and a list of other issues. The first thing he told me was I probably would not get approved from my numbers alone even though he has documented all my symptoms. I was also seeing a Neurologist for my PN.

From that day forward I made sure that every visit the doctor and his nurse assistance documented every symptom I was having and I had them make a copy for my records. I asked my HIV doctor and Neurologist to write letters stating that I could no longer work with the reasons why listed. I sent a copy to my attorney so that when my hearing date finally came my medical records were no issue. My attorney said he has never had a client so on top of that. I know that is what my attorney was getting paid to do but I was not leaving that to chance. My attorney had me meet with him in person the day before my hearing date and he went over my entire file and medical history. He told me how the process was going to go and all the potential questions the judge and the vocational specialist may ask. Trust me there were many. On the day of the hearing I had no one to take me so I took a Taxi. Do not drive yourself. The first question the judge asked me was how did I get there today. Just be honest and tell the ALJ and vocational spec. your symptoms and the difficulties of day to day living for you. How you cannot work. During my hearing he even asked how I bath, get my meals, check my mail, handle my finances, my support system, do I have any pets, who does my laundry, grocery shopping....etc. In the end the vocational specialist said there were no jobs that I could perform and that he just happened to be in the parking lot when I arrived and he saw the difficulties that I had getting out of the taxi with my walking cane (which was prescribed my doctor) and bag of paperwork. Even though the ALJ asked me a lot of questions which I answered truthfully he was very sympathetic to my condition and said it was a shame that SSA and their doctors could not see that I am disabled. He wished me well and I got fully favorable decision in the mail about 40 days later.

I hope some of this information helps you in your journey. I have never sat down and wrote such a long response but others on this forum have done it for me in the past and it's time to pass it on. Thank you all BTW...Remember to be honest and it will all work out in your favor. Good Luck... :)

Offline Buckmark

  • Member
  • Posts: 1,642
  • Would you like to tie me up with your ties, Ty?
    • Henry's Home Page
Re: ssdi appeal question...
« Reply #107 on: September 14, 2014, 11:03:34 AM »
Mitch,

I'm sure you are very well-prepared.  Try not to think about the judge's record.  Once he sees your situation, he'll concur with your disability.  I know this has been a long and hard road for you, and that you are frustrated and anxious. 

Hugs,

Henry
"Life in Lubbock, Texas, taught me two things:
     One is that God loves you and you're going to burn in hell.
     The other is that sex is the most awful, filthy thing on earth and you should save it for someone you love."
- Butch Hancock, Musician, The Flatlanders

Offline mitch777

  • Member
  • Posts: 4,087
Re: ssdi appeal question...
« Reply #108 on: September 14, 2014, 11:31:44 AM »
Thanks guys.

@Since- 22% favorable, I think his unfavorable was somewhere around 59% and the rest were dismissed. I know it's not logical to assume that it means that I have less of a chance of success based on his #'s but the nervous nellie in me doesn't always listen.

I have had 180 medical appointments in the past 4 years and I will fill 108 prescriptions this year so he will surely see that I am getting regular care.

@Zach- Thanks!

I hope things go smoothly for you in the coming months. I agree with Since but I also remember how the system works where you live. Wishing you the best!

@Blk- Thanks for taking the time to respond.

I have been my own advocate because I'm not sure how competent my attorney is. Disability cases are not her usual work but I'm stuck with her now. I tried to find one that mainly focuses on disability but everyone turned me down because I was self-employed.

I have to keep poking her with a stick. Should be interesting this week or next to see what she received in regards to my medical records. She keeps saying that she plans on speaking with my ID doc but hasn't yet. ::) I do have letters from my neurologist and psychiatrist. My attorney also said that I will be getting tired of seeing her soon as she plans on spending quite a bit of time prepping me. I tend to minimize my issues and I certainly need to snap out of that quick! Maybe she needs to taser me from time to time.

Many of the questions you brought up were listed on a disability website I was reading yesterday. Good to know these things!

Glad you were finally approved!!

@Henry- Thanks! I'll try. lol. Hope you are right about the judge. I just have a vision of him being like Judge Judy. :D




 
33 years hiv+ with a curtsy.

Offline britchick

  • Member
  • Posts: 487
Re: ssdi appeal question...
« Reply #109 on: September 15, 2014, 02:43:37 AM »
mitch777,

Not long to go now.Keeping my fingers crossed for you.You have certainly got all the paperwork and i have a good feeling about your case.

Wishing you the best of luck.

britchickxx

Offline BT65

  • Global Moderator
  • Member
  • Posts: 10,784
Re: ssdi appeal question...
« Reply #110 on: September 15, 2014, 08:30:03 PM »
I have a good feeling about this also, M.  But, before I collaborate on that I want to say one thing to Since: 

SINCE: Please remember that insurances, including Ryan White, are specific to certain states. For example,what works in Michigan doesn't work in Indiana, and when I was a case manager in Indiana, the insurance was specific to counties.  For instance, where I worked in South Bend, we did not have Ryan White.  So, you need to remember, while doling out the "advice," that plans are different in different states.  If you have specific information about a specific state, you need to provide a link instead of just giving advice like you've been doing. It can be misleading. Please and thanks for your cooperation.

M, I really do have a good feeling about this, and I would not say that if I truly didn't.  You've been through hell and back with this.  Don't give up.  Get ready to wow the judge with all your disabilities (lol).  Really, keep pushing on.  You'll get there.  :-*
I've never killed anyone, but I frequently get satisfaction reading the obituary notices.-Clarence Darrow

Condom and Lube Info http://www.aidsmap.com/Condoms/page/1044833/
Please check out our lessons on PEP and PrEP. http://www.poz.com/factsheets/fs_2014_09_prep.pdf

http://www.aidsmeds.com/articles/Transmission_17146.shtml

Offline mitch777

  • Member
  • Posts: 4,087
Re: ssdi appeal question...
« Reply #111 on: September 15, 2014, 11:34:01 PM »
Thank you Brit. You have been one of my earliest supporters in this thread and it tickles me pink to know that you still follow my adventure after this much time has passed. That goes for the rest of you too.

 
M, I really do have a good feeling about this, and I would not say that if I truly didn't.  You've been through hell and back with this.  Don't give up.  Get ready to wow the judge with all your disabilities (lol).  Really, keep pushing on.  You'll get there.  :-*


Betty,

It's good to know how confident you are. Yep. Wow him. lol. Maybe I need to get my hair thinned by 80% and turn the rest gray just for affect. lol. Thanks sweetums.
33 years hiv+ with a curtsy.

Offline bmancanfly

  • Member
  • Posts: 744
  • Medicare For All !
Re: ssdi appeal question...
« Reply #112 on: September 16, 2014, 09:11:41 AM »
Maybe I need to get my hair thinned by 80% and turn the rest gray just for affect. lol. Thanks sweetums.

Whatever it takes.  Maybe show up looking like Tim Conway's old man in the Carol Burnett Show.   ;)   I hope it gets resolved favorably soon.  What an ordeal they put you through -  it's really a shame.

You mentioned earlier that you were discouraged from applying  because you were self employed.  I'm curious why that would matter.
"The trouble with the world is that the stupid are cocksure and the intelligent are full of doubt."

 Bertrand Russell

Offline mitch777

  • Member
  • Posts: 4,087
Re: ssdi appeal question...
« Reply #113 on: September 16, 2014, 12:20:05 PM »
Whatever it takes.  Maybe show up looking like Tim Conway's old man in the Carol Burnett Show.   ;)   

You mentioned earlier that you were discouraged from applying  because you were self employed.  I'm curious why that would matter.

lol and thanks!

I'm not sure. Nobody was willing to ever explain why. The SSA doesn't care about income as long as it's unearned income. It seemed strange at the time and still does.
33 years hiv+ with a curtsy.

Offline Since1993

  • Member
  • Posts: 108
Re: ssdi appeal question...
« Reply #114 on: September 16, 2014, 07:48:29 PM »
But, before I collaborate on that I want to say one thing to Since: 

SINCE: Please remember that insurances, including Ryan White, are specific to certain states. For example,what works in Michigan doesn't work in Indiana, and when I was a case manager in Indiana, the insurance was specific to counties.  For instance, where I worked in South Bend, we did not have Ryan White.  So, you need to remember, while doling out the "advice," that plans are different in different states.  If you have specific information about a specific state, you need to provide a link instead of just giving advice like you've been doing. It can be misleading. Please and thanks for your cooperation.

Thank you so much for publicly bringing this to my attention.  The gentleman in question was admittedly "worried" about his transition from SSI/Medicaid to Medicare and I aptly gave him possible OPTIONS as to how the process could work.  I typically explain the Ryan White Part B/ADAP process in generic terms, always often deferring and recommending they contact their local ASO who would have more specific information about their states Ryan White/ADAP/ACA programs.  I don't have the time or energy to research every states Ryan White/ADAP information.  I am not a national medical case manager and I absolutely refuse to do that in any internet forum I participate within.

No good deed goes unpunished.  The reason I became involved in this forum was because of the lacking information given to people who asked for help because they were confused with the process.  Sometimes people just want to know their options to know which way things go...just a sliver of hope to solve their worries.  Typical two or three sentence replies to complex Ryan White/ADAP/ACA/Medicare questions were the norm here, or questions going unanswered for days.

I've gotten negative, judgmental feedback in just about every forum I've participated in, even when just posting articles of interest.  I don't do dysfunctional internet forums and clearly, this is not the group of people I want to interact with going forward.  Thank you for spurring this ephiphany. 

Offline BT65

  • Global Moderator
  • Member
  • Posts: 10,784
Re: ssdi appeal question...
« Reply #115 on: September 17, 2014, 04:30:55 AM »
I aptly gave him possible OPTIONS as to how the process could work.  I typically explain the Ryan White Part B/ADAP process in generic terms, always often deferring and recommending they contact their local ASO who would have more specific information about their states Ryan White/ADAP/ACA programs.  I don't have the time or energy to research every states Ryan White/ADAP information.  I am not a national medical case manager and I absolutely refuse to do that in any internet forum I participate within.

Ah, but you give very specific information: 
Once you lose Medicaid, you will be eligible to apply for an Affordable Care Act plan with Advanced Premium Tax Credit/Cost-Sharing Reduction and Ryan White Part B/ADAP assistance which should eliminate out-of-pocket costs associated with HIV-related medications on your states HIV formulary and premium payments.  Just remember to choose a SILVER plan and check the formulary of the insurance plans to make sure the medications you take are covered on their formulary.

Medicare will begin 29 months after your Established Onset Date of Disability, or 24 months after the first date you retroactively begin receiving SSDI disability payments.  Ryan White Part B/ADAP will cover the cost of your Medicare Part D prescription drug plan and co-pays associated with HIV-related medications on your states formulary.  Unfortunately, Medicare Part B premiums will automatically be deducted from your monthly disability payment cannot be reimbursed by the Ryan White Act.


When I was a case manager at the ASO in SB, Indiana, the only way someone would have their Part D premium and copay paid by ADAP (again, there was no Ryan White at the ASO I was at) was if the client was over 65. 

Also, in Indiana, if someone is approved for Medicaid, it pays the Part B premium.

Nowhere did you refer the person to contact his ASO.

Again, ACA plans, Ryan White/ADAP, Medicaid, are very state specific.  If you do not want to research someone's state's plans, then please do not state specifics.

Also, nice swan song.

I've never killed anyone, but I frequently get satisfaction reading the obituary notices.-Clarence Darrow

Condom and Lube Info http://www.aidsmap.com/Condoms/page/1044833/
Please check out our lessons on PEP and PrEP. http://www.poz.com/factsheets/fs_2014_09_prep.pdf

http://www.aidsmeds.com/articles/Transmission_17146.shtml

Offline mitch777

  • Member
  • Posts: 4,087
Re: ssdi appeal question...
« Reply #116 on: January 08, 2015, 08:49:39 PM »
I know this is an old topic that I have not added to for months but the pressure is on.

My hearing is January 21st. 13 days away. I've been scrambling on my own (no help from my lawyer) gathering information and bringing copies of Resididual Functional Capacity (RFC) forms to the two docs that I felt would make the biggest impact. One is in and expect the other tomorrow, fingers crossed. This last minuet shit should have been taken care of months ago. I didn't hire my lawyer as a hand-holder but that's what I ended up with. ::)

Nothing bugs me more than someone who repeatedly says they will do something and doesn't follow through, especially if they are being paid. I'm stuck with her now and am worried about her ability.

Assigned to the judge with the lowest approval rating. 24%. Ugh. (forgive me if I already mentioned this but I'm a zombie these days.)

I thank you ALL for the support you have given me through this long 2 1/2 year process.

If I seem out of touch with you all it's because my brain function is getting worse and find it difficult to keep up with all that is going on. *tangent*

Depression and anxiety are settling in deeper.

Need whatever support that you can muster in the days ahead. I can't imagine that I could be turned down but stranger things have happened and I'm scared to death. Another appeal would take another 1 1/2- 2 years. Time I simply can't afford. Physically, mentally, or financially.

The final stretch.

Hope you enjoyed the ride. lol  ??? :P








33 years hiv+ with a curtsy.

Offline BT65

  • Global Moderator
  • Member
  • Posts: 10,784
Re: ssdi appeal question...
« Reply #117 on: January 08, 2015, 09:07:27 PM »
M, I hate that you're going through this.  I can't imagine a negative judgment either.  I wish I had more stellar words, but I am dealing with my own disaster. But you're in my thoughts definitely.

Betty
I've never killed anyone, but I frequently get satisfaction reading the obituary notices.-Clarence Darrow

Condom and Lube Info http://www.aidsmap.com/Condoms/page/1044833/
Please check out our lessons on PEP and PrEP. http://www.poz.com/factsheets/fs_2014_09_prep.pdf

http://www.aidsmeds.com/articles/Transmission_17146.shtml

Offline tednlou2

  • Member
  • Posts: 5,731
Re: ssdi appeal question...
« Reply #118 on: January 09, 2015, 12:23:53 AM »
Mark,

I am sorry to hear about all the stress.  I hate that you have to deal with all this pressure and worry, on top of the medical issues.  I have always heard most are granted benefits, once it gets to the judge.  I did not even know you could find out the judges approval stats. 

Your lawyer should be handling this.  If you are approved, you will get a letter telling you that.  In that letter, there is info on how to appeal the fee your lawyer gets.  I know a guy, who did just that.  He was doing all the work-- getting medical reports, etc, etc.  The lawyer was not doing much and just sent some stranger to the hearing, who he had never met.  And, he had to do all the talking.  This stranger lawyer barely said a word.  So, he appealed the fee and detailed all that.  The lawyer got $6,000.  He said the lawyer should get no more than $3,000.  To his surprised, the judge forced the lawyer to return $3,000.  He wondered whether he should have asked for more back and whether the judge could only refund the amount he asked.

I wish you all the best.  The guy I just discussed said he explained his medical situation to the judge and how his life had changed, instead of just handing over the disc of medical records and not saying anything. 

Offline mitch777

  • Member
  • Posts: 4,087
Re: ssdi appeal question...
« Reply #119 on: January 09, 2015, 05:55:52 PM »
Thanks Betty and Ted!

I had an appointment today with my attorney.

The good news is that my ID doc was able to email his report to me in the morning and he even called me a few minutes later to see what I thought of it. He did a great job!

I think those two reports should hold substantial weight. I didn't chastise my lawyer for not even knowing or thinking about these reports and that I had to scramble to get them in on time. Oh well.

She has been helpful in some ways along the line such as gathering some of my older medical reports and recommending me to my psychiatrist. Both she and her partner will be attending my hearing and they plan to coach me on the way there so that it will be fresh in my mind. Got to give some credit there as well. I doubt there will be a reason to contest her fee.

I reread some of this thread and I have to tell you times have changed. In one of my earlier replies I stated that the approval rating back then was about 85%. Now in Connecticut it is in the 50% ball park and much worse in RI which is where I ended up.

My lawyer said that they have been cracking down harder lately which of coarse is making my anxiety worse. :P

I got a cheer-me-up call from Jeff today checking in on his "neurotic friend". lol.

Betty, thanks for responding in the middle of your own crisis! I asked Jeff about you. You haven't left my thoughts as well. Please take care and follow the docs orders to a T!

One more meeting next Friday with the lawyer before the big event. It's been a long ride and I just want to get off! (maybe that could have been expressed differently, lol.)
33 years hiv+ with a curtsy.

Offline Jeff G

  • Administrator
  • Member
  • Posts: 17,061
  • How am I doing Beren ?
Re: ssdi appeal question...
« Reply #120 on: January 09, 2015, 07:18:58 PM »
What are friends for  ;D
HIV 101 - Basics
HIV 101
You can read more about Transmission and Risks here:
HIV Transmission and Risks
You can read more about Testing here:
HIV Testing
You can read more about Treatment-as-Prevention (TasP) here:
HIV TasP
You can read more about HIV prevention here:
HIV prevention
You can read more about PEP and PrEP here
PEP and PrEP

Offline zach

  • Member
  • Posts: 3,353
Re: ssdi appeal question...
« Reply #121 on: January 09, 2015, 07:25:19 PM »
look aidsy... it helps. i looked like death, i think they were scared to even breath the same air.

Offline Miss Philicia

  • Member
  • Posts: 24,793
  • celebrity poster, faker & poser
Re: ssdi appeal question...
« Reply #122 on: January 09, 2015, 07:45:07 PM »
Try and keep you nerves in check these next couple of weeks.
"Iíve slept with enough men to know that Iím not gay"

Offline mitch777

  • Member
  • Posts: 4,087
Re: ssdi appeal question...
« Reply #123 on: January 09, 2015, 08:21:50 PM »
What are friends for  ;D

exactly. lol.

look aidsy... it helps. i looked like death, i think they were scared to even breath the same air.

my lawyer advised against this. lol. things may be different up here. she suggested a suit and tie.  ::)

Try and keep you nerves in check these next couple of weeks.

Ha! I don't think this is a possibility but will do my best. I often wonder if my lawyer WANTS me to be on edge. :-\
33 years hiv+ with a curtsy.

Offline Buckmark

  • Member
  • Posts: 1,642
  • Would you like to tie me up with your ties, Ty?
    • Henry's Home Page
Re: ssdi appeal question...
« Reply #124 on: January 10, 2015, 03:18:02 PM »
Mark,

I'm so hoping that your SSDI is approved in this upcoming appeal.  I'll be keeping my fingers crossed for you.

Hugs,

Henry
"Life in Lubbock, Texas, taught me two things:
     One is that God loves you and you're going to burn in hell.
     The other is that sex is the most awful, filthy thing on earth and you should save it for someone you love."
- Butch Hancock, Musician, The Flatlanders

Offline mitch777

  • Member
  • Posts: 4,087
Re: ssdi appeal question...
« Reply #125 on: January 11, 2015, 02:48:02 PM »
Mark,

I'm so hoping that your SSDI is approved in this upcoming appeal.  I'll be keeping my fingers crossed for you.

Hugs,

Henry

Thanks Henry. Are you able to cross your toes too?  :D
33 years hiv+ with a curtsy.

Offline mitch777

  • Member
  • Posts: 4,087
Re: ssdi appeal question...
« Reply #126 on: January 21, 2015, 04:59:02 PM »
Hey guys,

So, hopefully we are coming close to ending this thread.

I had my hearing today and I think it went well. The judge still needed to have my attorney send some info about me being "self-employed" without actually working.

Then he almost threw out the reports that were submitted from my ID doc and psychiatrist because he thought they were sent in late. They actually were late by one day due to MLK Day but he either forgot about it or let it slide. Whew! (Damn lawyers!) I was the one who found out these reports were important and did all of the leg work to get them completed. On the way home she said that they were the core of my case and gave me no credit of course.  ::) She has 14 days to get him what he needs.

Anyway, the questioning wasn't difficult and towards the end of the hour he presented questions to the vocational specialist giving hypothetical health limitations for someone of my age, work experience, and education. By the time he got around to the third hypothetical that involved some of my health issues, the vocational expert specialist said there were no jobs that could be found.

My attorney and her partner both felt confident that the judge had faith in my testimony and that I would be approved.

I feel pretty confident too but won't be counting my chickens until the approval letter arrives. More waiting. :P

I slept 4 hours last night and am still more wired than tired.

Thank you all once again for your support along the way! It meant more than you know.

Hopefully this thread will help in some way to others going through this process.

I will let you all know when the letter arrives.

Will be sleeping a bit more soundly tonight!

Mark


33 years hiv+ with a curtsy.

Offline Miss Philicia

  • Member
  • Posts: 24,793
  • celebrity poster, faker & poser
Re: ssdi appeal question...
« Reply #127 on: January 21, 2015, 05:14:55 PM »
Just curious but what does "being "self-employed" without actually working" actually mean? That's confusing me too.

Glad things seem to have gone OK today though.
"Iíve slept with enough men to know that Iím not gay"

Offline BT65

  • Global Moderator
  • Member
  • Posts: 10,784
Re: ssdi appeal question...
« Reply #128 on: January 21, 2015, 05:28:32 PM »
Good news M!  I knew you weren't going to sleep last night.  Waiting sucks, but hopefully it won't be long. So happy!
I've never killed anyone, but I frequently get satisfaction reading the obituary notices.-Clarence Darrow

Condom and Lube Info http://www.aidsmap.com/Condoms/page/1044833/
Please check out our lessons on PEP and PrEP. http://www.poz.com/factsheets/fs_2014_09_prep.pdf

http://www.aidsmeds.com/articles/Transmission_17146.shtml

Offline mitch777

  • Member
  • Posts: 4,087
Re: ssdi appeal question...
« Reply #129 on: January 21, 2015, 07:11:14 PM »
Just curious but what does "being "self-employed" without actually working" actually mean? That's confusing me too.

Glad things seem to have gone OK today though.

That's why I put self-employed in quotes. I still had to file my taxes the same way whether I was working or not so we need to convince the judge that the income that showed on my taxes was investment income (which it was seeing as though I wasn't working) and not SGA (substantial gainful activity or something akin to that).

You could be a millionaire making money in the stock market and get disability and this is no different. It's just harder to prove. They heard my testimony and there was an affidavit from Kenny stating as much but I'm not sure if that ever got into the record. I suggested that my attorney get an affidavit or two from our employees as well. She thought it was a good idea but I have my doubts if she will follow through. More legwork for me I guess.

She already contacted my accountant to get clarification from him about why I still needed to file my taxes as i did. Geez, you would think they would know that but it's the government hard at work I guess.

If there is a miss-step by my attorney at this point I might be denied and have to appeal again. It would probably mean another year or two wait only to face the same judge. Not a position that I am up for. That said, I think it won't come to that. If it does I will fight to reduce or eliminate her fee. I have saved every email from day one. Her lack of answers and action speak volumes. The judge didn't seem too fond of her either at the beginning but he lightened up after time went on. I felt a bit embarrassed by her at times by her demeanor with the judge but maybe that's to be expected to a degree but what do I know.

On another note, he asked me about my trip to Chicago. I think I may have mentioned it in one of those lonnnnng forms that I filled out twice for the first two go-rounds. (It must have been one of a zillion questions asked). Anyway, he wanted to know why I went. I explained to him how involved that I've been in these forums and that we get together once a year. He then asked if I spoke at the meeting and I explained that it was just a get-together with other members and that we have a memorial service for those we have lost. I think it hit him in just the right way, as it should.

He was much younger than I expected! 40ish at most and seemed like a reasonable guy just doing his job.

Ok, writing a book now.



And Betty, you know me well! lol. Early bed for me tonight and will try to sleep in tomorrow but I just may get up early and soak in the knowledge that all will be well. I think.

33 years hiv+ with a curtsy.

Offline Miss Philicia

  • Member
  • Posts: 24,793
  • celebrity poster, faker & poser
Re: ssdi appeal question...
« Reply #130 on: January 21, 2015, 08:15:54 PM »
That all makes sense and it's what I thought maybe you were referring to -- as a sole proprietor it's not as cut and dry as showing lack of regular paychecks, etc. Still, it can't be the only time they've encountered this either.
"Iíve slept with enough men to know that Iím not gay"

Offline bmancanfly

  • Member
  • Posts: 744
  • Medicare For All !
Re: ssdi appeal question...
« Reply #131 on: January 22, 2015, 10:04:25 AM »
Glad it went well Mitch.  Hope you willfinally get approved.  What a long road this has been for you. 

What they have put you through to simply get a benefit that you are entitled to, certainly seems unfair to me.
"The trouble with the world is that the stupid are cocksure and the intelligent are full of doubt."

 Bertrand Russell

Offline wolfter

  • Member
  • Posts: 5,470
Re: ssdi appeal question...
« Reply #132 on: January 22, 2015, 01:16:26 PM »
Hey guys,

Anyway, the questioning wasn't difficult and towards the end of the hour he presented questions to the vocational specialist giving hypothetical health limitations for someone of my age, work experience, and education. By the time he got around to the third hypothetical that involved some of my health issues, the vocational expert specialist said there were no jobs that could be found.


This will hold more weight than anything.  My attorney indicated that the vocation expert holds a lot of power in the decision making process.

UGH, an entire hour?  How exhausting!!!!  I'm glad mine lastest mere minutes.  In my case, the judge never asked the vocational expert a single question.
Being honest is not wronging others, continuing the dishonesty is.

Offline Buckmark

  • Member
  • Posts: 1,642
  • Would you like to tie me up with your ties, Ty?
    • Henry's Home Page
Re: ssdi appeal question...
« Reply #133 on: January 23, 2015, 09:56:53 AM »
It sounds like your hearing went rather well.  If the vocational specialist said there were no suitable jobs for you, that sounds encouraging.  I hope you get your approval soon!

"Life in Lubbock, Texas, taught me two things:
     One is that God loves you and you're going to burn in hell.
     The other is that sex is the most awful, filthy thing on earth and you should save it for someone you love."
- Butch Hancock, Musician, The Flatlanders

Offline mitch777

  • Member
  • Posts: 4,087
Re: ssdi appeal question...
« Reply #134 on: January 23, 2015, 12:39:44 PM »
It sounds like your hearing went rather well.  If the vocational specialist said there were no suitable jobs for you, that sounds encouraging.  I hope you get your approval soon!

The vocational guy was just responding to the judges hypotheticals and not me in particular but the fact that he (the judge) ended up describing my health issues more closely in the third hypothetical leads me to think that I will be approved... as long as he believes me and all of my medical reports. I hope the approval comes soon too!! All of this waiting makes me feel like I'm in line for the ladies room at a Bieber concert.

The relationship I have with Acreedo will end with me doing the monkey dance. Can't wait, can't wait, can't wait!!!

Thanks again everyone.
33 years hiv+ with a curtsy.

Offline Jeff G

  • Administrator
  • Member
  • Posts: 17,061
  • How am I doing Beren ?
Re: ssdi appeal question...
« Reply #135 on: January 23, 2015, 12:45:20 PM »
The vocational guy was just responding to the judges hypotheticals and not me in particular but the fact that he (the judge) ended up describing my health issues more closely in the third hypothetical leads me to think that I will be approved... as long as he believes me and all of my medical reports. I hope the approval comes soon too!! All of this waiting makes me feel like I'm in line for the ladies room at a Bieber concert.

The relationship I have with Acreedo will end with me doing the monkey dance. Can't wait, can't wait, can't wait!!!

Thanks again everyone.


You poor guy Ö waiting on the verdict with your panties sopping wet .
HIV 101 - Basics
HIV 101
You can read more about Transmission and Risks here:
HIV Transmission and Risks
You can read more about Testing here:
HIV Testing
You can read more about Treatment-as-Prevention (TasP) here:
HIV TasP
You can read more about HIV prevention here:
HIV prevention
You can read more about PEP and PrEP here
PEP and PrEP

Offline mitch777

  • Member
  • Posts: 4,087
Re: ssdi appeal question...
« Reply #136 on: January 23, 2015, 12:54:25 PM »
You poor guy Ö waiting on the verdict with your panties sopping wet .

I KNOW! lol
33 years hiv+ with a curtsy.

Offline DodgerDawg

  • Member
  • Posts: 83
  • "Dude, It Could Be Worse"
Re: ssdi appeal question...
« Reply #137 on: February 21, 2015, 11:31:57 AM »
Any news? How are you feeling? What are you feeling? It's been almost a month since your last post, and after reading this entire thread... I feel as if I'm sitting on the edge of a cliff. Inquiring minds want to know? DD
January 2014 CD4 = 5      .03%  VL = 1,800,000
June      2014 CD4 = 206  .15%  VL =            48
January 2015 CD4  = 211  .13%  VL =            71
June      2015 CD4 = 155  .12%  VL =             UD
July       2015 CD4 = 148  .11%  VL =             48

Offline mitch777

  • Member
  • Posts: 4,087
Re: ssdi appeal question...
« Reply #138 on: February 23, 2015, 02:29:15 PM »
Any news? How are you feeling? What are you feeling? It's been almost a month since your last post, and after reading this entire thread... I feel as if I'm sitting on the edge of a cliff. Inquiring minds want to know? DD

Thanks for asking but no news yet. I'm not really sure what I'm feeling these days. I felt pretty good after the hearing and now it's just waiting. Just trying not to think about it too much I guess.

Don't worry, I will be sure to let you know how the story ends... or doesn't. Glad you enjoyed my saga. lol.
33 years hiv+ with a curtsy.

Offline wolfter

  • Member
  • Posts: 5,470
Re: ssdi appeal question...
« Reply #139 on: February 23, 2015, 04:56:38 PM »


The relationship I have with Acreedo will end with me doing the monkey dance. Can't wait, can't wait, can't wait!!!

Thanks again everyone.

Not sure how I missed this particular sentence.  But here's hoping you get to do a new monkey dance with a new insurance company real soon. 
Being honest is not wronging others, continuing the dishonesty is.

Offline mitch777

  • Member
  • Posts: 4,087
Re: ssdi appeal question...
« Reply #140 on: February 23, 2015, 05:53:25 PM »
Not sure how I missed this particular sentence.  But here's hoping you get to do a new monkey dance with a new insurance company real soon.
Thanks Greg. Me too. At least I will know that I can pick up my meds at my local pharmacy if I'm deemed disabled by the powers that be.

btw- I had to fill one of my scripts today and of course it didn't go smoothly. It never does. Needed to talk to a supervisor as usual. The first person I dealt with said the insurance company wouldn't cover it until March 3rd even though my last one was filled on February 2nd. Ugh.  ::) Supervisor said February 25th. But I digress.  >:(
33 years hiv+ with a curtsy.

Offline bmancanfly

  • Member
  • Posts: 744
  • Medicare For All !
Re: ssdi appeal question...
« Reply #141 on: February 23, 2015, 06:13:05 PM »
Thinking positive thoughts for you Mitch. 
"The trouble with the world is that the stupid are cocksure and the intelligent are full of doubt."

 Bertrand Russell

Offline mitch777

  • Member
  • Posts: 4,087
Re: ssdi appeal question...
« Reply #142 on: February 23, 2015, 06:35:24 PM »
Thinking positive thoughts for you Mitch.
Thanks Bman. I know you and so many here have kept me sane during this whole thing. I'm in a pretty mellow state at the moment but if I get turned down all bets are off and would hope you all storm the SSA office with pitchforks and torches. (just kidding)  :-\  :)
33 years hiv+ with a curtsy.

Offline BT65

  • Global Moderator
  • Member
  • Posts: 10,784
Re: ssdi appeal question...
« Reply #143 on: February 24, 2015, 05:46:21 AM »
The waiting is the worst.  I hope you hear something soon M! 

Betty
I've never killed anyone, but I frequently get satisfaction reading the obituary notices.-Clarence Darrow

Condom and Lube Info http://www.aidsmap.com/Condoms/page/1044833/
Please check out our lessons on PEP and PrEP. http://www.poz.com/factsheets/fs_2014_09_prep.pdf

http://www.aidsmeds.com/articles/Transmission_17146.shtml

Offline JR Gabbard

  • Moderator
  • Member
  • Posts: 283
  • Union Jacks
Re: ssdi appeal question...
« Reply #144 on: February 24, 2015, 08:21:30 PM »
Hey Mitch!
When the vocational expert says there are no jobs in the economy that you could do, it means you win.  In technical legal terms, you have met the fifth prong of the analysis.
Congratulations!
It goes like this
The fourth, the fifth,
The minor fall, the major lift,
The baffled king composing Hallelujah!

L. Cohen

Offline mitch777

  • Member
  • Posts: 4,087
Re: ssdi appeal question...
« Reply #145 on: February 25, 2015, 09:17:56 PM »
Hey Mitch!
When the vocational expert says there are no jobs in the economy that you could do, it means you win.  In technical legal terms, you have met the fifth prong of the analysis.
Congratulations!

It's great hearing that from you JR. My attorney was thinking the same but not with as much confidence.

Thanks for the congrats! Still, I have to see it in writing. lol.
33 years hiv+ with a curtsy.

Offline DodgerDawg

  • Member
  • Posts: 83
  • "Dude, It Could Be Worse"
Re: ssdi appeal question...
« Reply #146 on: March 16, 2015, 03:01:11 PM »
Sure seems like SSDI is on cruise control. My anxiety level over this is peaking, and I'm just a person reading the blog. Hopefully you hear something soon.

DD
January 2014 CD4 = 5      .03%  VL = 1,800,000
June      2014 CD4 = 206  .15%  VL =            48
January 2015 CD4  = 211  .13%  VL =            71
June      2015 CD4 = 155  .12%  VL =             UD
July       2015 CD4 = 148  .11%  VL =             48

Offline mitch777

  • Member
  • Posts: 4,087
Re: ssdi appeal question...
« Reply #147 on: March 21, 2015, 04:13:06 PM »
So the latest development is that the judge doesn't seem to understand that my Schedule C portion of my tax returns IS how I file my business taxes as a sole proprietor.

He requested more information in regards to that so my accountant needs to write him a statement explaining it all. I still don't see how this is relevant as I have not worked in years.

My attorney doesn't seem discouraged so I will try not to let it bother me but I had hoped that I would have gotten a letter of approval by now. If this is his only sticking point I would imagine an answer won't be too much further down the road.

Hopefully my next post will be celebratory and finally put an end to this process. Maybe May? That would be the three year mark.

33 years hiv+ with a curtsy.

Offline mitch777

  • Member
  • Posts: 4,087
Re: ssdi appeal question...
« Reply #148 on: April 12, 2015, 04:54:07 PM »
A few days ago I asked my attorney when she had sent in the info that the judge asked for on March 18th. She needed my accountant to write a letter explaining it all and did so in about a week. No problem but she also wanted to attach a cover letter on my behalf so as of today she STILL has not submitted it to the judge. Ugh!

She could have worked on it while waiting for the accountant's letter but NO. Her only concern is getting it done by the deadline (April 18th). This has been her typical behavior throughout this long ordeal.

On the plus side, I will enjoy making my insurance company pay out big bucks in the mean time with my meds and the upcoming surgery. 

I would bet that the approval will come within days of my third anniversary of filing my claim. Three F'in years!!! At this point I just have to laugh.
33 years hiv+ with a curtsy.

Offline mitch777

  • Member
  • Posts: 4,087
Re: ssdi appeal question...
« Reply #149 on: June 02, 2015, 04:38:56 PM »
Well, well...

Here it is over 4 months since my hearing and over 3 years after I applied and still waiting.

My attorney called SSA to see what progress has been made. My claim is in the "unassigned" pile with the decision yet to be written. My lawyer asked the woman if she could tell her if I had been granted disability but, of course she said that is not permissible. No surprise.

She said to check back in mid June for a progress report.

Just another disappointing update.  :(
33 years hiv+ with a curtsy.

 


Terms of Membership for these forums
 

© 2017 Smart + Strong. All Rights Reserved.   terms of use and your privacy
Smart + Strong® is a registered trademark of CDM Publishing, LLC.