Questions about how to use the forum?

Visit our new Frequently Asked Questions (FAQs) section.

Welcome, Guest. Please login or register.
Did you miss your activation email?

September 29, 2022, 02:45:23 am

Login with username, password and session length

Recent

Members
Stats
  • Total Posts: 246146
  • Total Topics: 24580
  • Online Today: 172
  • Online Ever: 1127
  • (January 16, 2020, 04:17:02 pm)
Users Online
Users: 0
Guests: 59
Total: 59

You are no longer alone ...

Author Topic: I'm at a loss, is there anything else I can do?  (Read 4358 times)

starfire62

  • ~ Bronze ~
  • *
  • Posts: 48
  • People helped 5
I'm at a loss, is there anything else I can do?
« on: July 14, 2022, 12:57:16 pm »
This is going to be a longer situation but I'm just looking for any insight because obviously my lawyer is incompetent.  I'm going to be homeless in just a matter of weeks living in my car with my service dog so please let me know if you have any insight.

I filed for disability 3 years ago, with an onset of a year prior to that.   I had two failed work attempts during that time as well.   I have multiple blue book conditions, and one that is not.  (I have paid in for almost 15 years though).   I finally got to my first hearing last November.   The judge questioned my non blue book condition because it is rare and she wanted to see peer reviewed studies.   (Which we sent).   I had two doctors who provided letters on my behalf at this hearing and filled out limitation forms also both agreed with all diagnosis's.   So in other words should have been a pretty much sure approval.   My lawyer did great with combating the vocational expert who provided one job I could do (but stated I could not do any former jobs).   We sent these peer studies immediately after the hearing and I was told I'd have a decision in 60 days.    Fast forward 5 months and no decision so I did a congressional inquiry.  The second that inquiry was done a second hearing was scheduled.   I did that hearing 6 weeks ago.   Since the first hearing I developed an additional blue book condition and kept up with all of my care so we had an additional couple hundred pages of records from the first hearing.   There was one record missing so we had to send it immediately after the hearing.   The hearing went just like the first one except the judge did not question my non blue book condition which my lawyer said was good because it means she agreed with the condition because of the peer studies. He said he had no idea why she would need another hearing, but I remember at the very end of the second hearing the judge stated she may want to see more records and do a third hearing.....

Mind you my file is over 4,000 pages of records.   I still do not have a decision.   I thought CDR's were for seeing the consistency of care.   I am so flabbergasted that this is where I'm at with 30,000 in debt just trying to survive, about to be homeless, and no support system.   I wish I had never gotten sick when I did.  If I could function neurologically whatsoever, I'd be working.   There's no question in that.

I have NO idea what to do.   All my lawyer keeps saying is we just have to wait for her to make a decision and go from there.   I mean are there ANY legal options I have at this point?   Anything else I can do on my end?  My mental health is so bad now because of this, sometimes I'd just rather not be here anymore.   This wasn't supposed to be my life.   I'm sorry for the sad talk I just don't know what to do anymore.   I was always career driven and didn't think I'd need assistance.  I'm just looking for any insight because this seems unheard of from all my research I've done on those who need multiple hearings.   

Any advice?   

Just Me

  • Administrator
  • ~ Platinum ~
  • ****
  • Posts: 14234
  • People helped 1051
  • Nice Administrator
Re: I'm at a loss, is there anything else I can do?
« Reply #1 on: July 14, 2022, 01:22:26 pm »
After a diagnosis has been made. The focus shifts to how the condition (s) impacts a claimants ability to function daily. Details matter. So having diagnosed conditions that are in the blue book is not the most important thing. Unfortunately all you can do is wait. Are the 4,000 copies of medical records only from the past four years ? There is really no need for that many medical records. SSA is only interested in the one to two years prior to the disability preventing you from working.

Contact homeless shelters in your area. Explain your situation and ask if there is any place that might can help you if you if you end up homeless. It can be difficult to find shelters that accept the disabled and those with service dogs. Even if you received the decision today. You cannot count on receiving benefits before you have to leave where and your service dog are currently living. Do you have friends or family that would let you sleep on their couch or floor ?
« Last Edit: July 14, 2022, 01:32:37 pm by Just Me »
Nerve damage in upper and lower extremities. Degenerative Disc Disease, RA.

Hope the size of a mustard seed can produce Faith that can move mountains.

starfire62

  • ~ Bronze ~
  • *
  • Posts: 48
  • People helped 5
Re: I'm at a loss, is there anything else I can do?
« Reply #2 on: July 14, 2022, 01:26:10 pm »
After a diagnosis has been made. The focus shifts to how the condition (s) impacts a claimants ability to function daily. Details matter. So having diagnosed conditions that are in the blue book is not the most important thing. Unfortunately all you can do is wait.

Yes we did put all of that and the doctors and witnesses stated I cannot work and how these symptoms from the conditions limit me to being unable to work.   :(  I thank you for your reply.  This is just agonizing.   

Joshua2001

  • ~ Gold ~
  • *
  • Posts: 102
  • People helped 17
Re: I'm at a loss, is there anything else I can do?
« Reply #3 on: July 14, 2022, 11:20:59 pm »
This sounds like a Dire Need Case.  Make sure to let your lawyer know your situation so they can add this to your file.  My understand is that in cases of Dire Need it may speed up your hearing date.  Probably not before you lose your shelter but it may at least lessen your burden.  I have included a link below (Along with the relevant section) to the SSA website that discusses Dire Need Cases.  Good Luck.




https://www.ssa.gov/OP_Home/hallex/I-02/I-2-1-40.html

5. Dire Need Case (DRND)
A dire need situation exists when a claimant alleges any of the following circumstances:

The claimant is without food and is unable to obtain it.

The claimant lacks medicine or medical care and is unable to obtain it, or the claimant indicates that access to necessary medical care is restricted because of a lack of resources.

The claimant lacks shelter (e.g., without utilities such that his or her home is uninhabitable, homelessness, expiration of a shelter stay, or imminent eviction or foreclosure with no means to remedy the situation or obtain shelter).

Absent evidence to the contrary, accept a person's allegation that he or she does not have enough income or resources to meet an immediate threat to his or her health or safety. OHO employees will err on the side of designating the case critical. If a dire need situation becomes non-critical, the critical designation can be removed or modified. See B.2. below.


Just Me

  • Administrator
  • ~ Platinum ~
  • ****
  • Posts: 14234
  • People helped 1051
  • Nice Administrator
Re: I'm at a loss, is there anything else I can do?
« Reply #4 on: July 15, 2022, 06:40:04 am »
Even if you receive the decision today. It can take 30-60 days before you receive your first monthly payment. It can take 30-90 days or longer before you receive your back pay. It would be best if you had a alternative to you and your service dog sleeping in your car. Sometimes a landlord with work with a tenant if they have their decision letter.
Nerve damage in upper and lower extremities. Degenerative Disc Disease, RA.

Hope the size of a mustard seed can produce Faith that can move mountains.

upndown

  • ~ Copper ~
  • *
  • Posts: 24
  • People helped 11
Re: I'm at a loss, is there anything else I can do?
« Reply #5 on: July 16, 2022, 12:49:32 am »
I hope you're living in one of the 25 States that offers General Assistance, otherwise, try Catholic Charities USA.

Sending good vibes your way and keep on fighting!

darkpurple

  • SSDFacts Supporter
  • ~ Platinum ~
  • *
  • Posts: 473
  • People helped 54
Re: I'm at a loss, is there anything else I can do?
« Reply #6 on: July 16, 2022, 11:37:13 am »
Is this a cdr cessation case?  I do not think it is but this quote is confusing me

quote  I thought CDRs were for seeing the consistency of care   quote

Just Me

  • Administrator
  • ~ Platinum ~
  • ****
  • Posts: 14234
  • People helped 1051
  • Nice Administrator
Re: I'm at a loss, is there anything else I can do?
« Reply #7 on: July 16, 2022, 01:27:33 pm »
CDR's are to determine if the disability continues to be severe enough to prevent SGA. If the beneficiary is no longer receiving care or regular care for the impairments approved for. It indicates the impairments may have improved to the point the beneficiary can return to SGA.
Nerve damage in upper and lower extremities. Degenerative Disc Disease, RA.

Hope the size of a mustard seed can produce Faith that can move mountains.

starfire62

  • ~ Bronze ~
  • *
  • Posts: 48
  • People helped 5
Re: I'm at a loss, is there anything else I can do?
« Reply #8 on: July 17, 2022, 05:54:16 am »
This is not a CDR cessation case.  I'm still in initial determination and made it to the hearing phase.   I had my second hearing the beginning of June and the judge may want to have a 3rd hearing she said because she may want more records is what she stated.  That was my point, my lawyer said he had never seen a file as large as mine.  I understand I'm at her mercy but it just seems unheard of as we have doctors and witnesses stating I cannot work and my disabilities affect me at too high a level to work.   Plus my file that is now almost 5,000 pages.   This is why I'm frustrated is all.   

I know all of us go through this process it just seems like so many get approved with SO much less.   I believe she is on the fence still and that's the issue but at some point she needs to make a decision so I know if I need to go the federal appeal route or not which I know is going to take probably another year.   Once again I'm partially asking for advice and also just venting.   I'm trying to get the living situation figured out.  It's just a lot. 

Just Me

  • Administrator
  • ~ Platinum ~
  • ****
  • Posts: 14234
  • People helped 1051
  • Nice Administrator
Re: I'm at a loss, is there anything else I can do?
« Reply #9 on: July 17, 2022, 01:23:08 pm »
starfire62 my reply was to darkpurple. I apologize for the confusion.
Nerve damage in upper and lower extremities. Degenerative Disc Disease, RA.

Hope the size of a mustard seed can produce Faith that can move mountains.

starfire62

  • ~ Bronze ~
  • *
  • Posts: 48
  • People helped 5
Re: I'm at a loss, is there anything else I can do?
« Reply #10 on: July 21, 2022, 07:40:42 am »
starfire62 my reply was to darkpurple. I apologize for the confusion.

No, no you are fine.   I was able to speak to my lawyer.  He stated that we requested a medical expert be present at both hearings but the judge did not assign one so he said that would be the only reason for a third hearing but if that happens he said we will have issues because that was requested twice already for my rare condition.   Either way he told me to write a dire needs letter so we are getting that submitted today.   Doesn't mean it'll do anything but we are going to try.  He said he can't think of any reason as to why a decision still isn't made based on my record.  I may have found a friend I can stay with for a little bit.   It just is complicated one of my conditions is an auto immune thing and I have have to kind of live in a bubble because a lot of environments make me very sick, even more than usual, so I have to be SO careful.  That's why my living situation stuff is more complex then normal or just finding a homeless shelter to go stay for a while.   But I'm doing my best to figure it out.   I appreciate your response.