SSD Hearing Finished

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Retired Mom
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Date Joined Feb 2010
Total Posts : 1753
   Posted 11/24/2010 6:12 AM (GMT -6)   
Hello All,
Well I've finished my SSD Hearing and am awaiting the "decision", which the judge said I should receive within the next week.  Hopefully there will be no serious delays because of the Holidays.  Anyway, it was not what I had expected at all.  Despite the "informal" atmosphere I had heard so much about, there was a very formal format and a very formal hearing "court room".  The Judge was dressed in robes and, although he and my lawyer had a good raport and has some quick banter before and after the official hearing, it was quite formal to me.  First, my lawyer presented to him why she considered me disabled and then explained my earnings statement discrepancies.  Basically I had income/no income/income/no income and so on for a while.  This gave the impression that I was not being honest and had been working when in fact I was receiving short term disability (purchased), followed by accrued sick/annual leave and some forfeited leave.  It just looked strange on paper, so I had to give my attorney all of my records for short term disability and my paperwork where I requested to be on this leave or that leave until I was finally "off of the books" so to speak.
There was a state agency located in the bottom floor of this building and he asked me to give him my work history (which I briefly did).  Most of my career was with probation/parole and he asked me if I basicallly did the same job as the people down stairs, which I had (now I'm second guessing myself because my title was changed so many times and I was in and out of facilities so much that I did do the job that they do, but not all of the time).  I was very nervous so I hope I answered the questions that he was asking correctly.  It's hard to think when you are on the stand.  I did honestly answer to the best of my ability, so I guess that's all I can do.
He asked me if I could go back to doing what I had done before and I said No Sir and he asked why.  I told him I couldn't shoot anymore because of the recoil and because my hands won't hold the gun, that I can't climb stairs anymore, that I can't meet physical fitness requirements and that I can't do all of the data entry that is required.
Next, she told him why I was disabled and then she and he asked me some long could I stand, how long could I sit, and things like that. I had to explain that standing was different if I was on carpet or concrete and that it was so many minutes one way and so many the other.....same thing with the sitting because of lumbar support or not.   My lawyer asked where I lived and how long it took me to get to the hearing and did I drive, which I had not.  She also asked how many times I had stopped on the way (which was two).  I was kind of surpised because she did not prep me for that question and I wasn't expecting it.  We did stop two times though.  And then he asked me about why I had to stop and I told him it was because I had to move around some and to find a restroom because of my bladder surgery failing.  I also told him that since my back surgery, I have problems with fecal incontinence and that was a problem for me and then my eyes filled with tears.  He said that was enough and that I shouldn't have any trouble and I would get my decision in about a week. 
My lawyer thinks things went well and that he made a favorable decision.  I'm still holding my breath because you never know until the paperwork is fully compelted.  I'm trying not to get my hopes up because I would be really upset if I was counting on this money and it fell through. 
I'll post as soon as I get an official answer...........

Retired Mom

Pete trips again!
Veteran Member

Date Joined Nov 2006
Total Posts : 1899
   Posted 11/24/2010 7:19 AM (GMT -6)   
Oh R/t, I think you did just fine and am sure the judge knew you were telling the truth and will do the right thing by you! I'm happy for you that this long painfull wait is just about over for you!!! Please let us know next week when you get your answer!!!
I'm not sure if you know but I have been denyed twice for SSD and am awaiting my hearing. If you don't mind me asking, how long did you have to wait after your second denyal for your hearing??? I know it's different depending on where you live but my lawyers tell me nothing and I'm so frustrated!!! Thanks for any help at all!
When I was young & stupid I broke almost every bone in my body and I'm paying a heavy price now but I'm still here and so glad to see my two sons grow up to be fine young men, both are in the Navy. I'm so proud! My biggest health problem>> I'm a certified Luny~Tune!!

Screaming Eagle
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Date Joined Sep 2009
Total Posts : 5005
   Posted 11/24/2010 10:24 AM (GMT -6)   


    Hello mom!

      I agree with Pete, in that you did just fine! wink   Now the waiting begins!

       We all are praying for a good outcome for you.

    SE wink

Veteran Member

Date Joined Feb 2010
Total Posts : 914
   Posted 11/24/2010 12:10 PM (GMT -6)   
Good Luck Mom , I hope you get your benefits !!! Mikel
HIV+. meds - epzicom, Kaletra . oxycontin as needed , indothemiacin . hip replacement surgery done !!! Saw the surgeon and I'm really healing great ! Been in physical therapy for almost 2 months now and I can walk pretty well , only going up and down stairs is still a little tough so one step at a time , but that's because of my knee not my hip , but I can walk again , no cane , just me !!

Veteran Member

Date Joined Oct 2008
Total Posts : 2024
   Posted 11/24/2010 12:26 PM (GMT -6)   
I will pray that you have a good outcome RT!! I believe all is in your favour. Job well done honey!!!! I am positive.

One day at a time!!

Forum Moderator

Date Joined Feb 2003
Total Posts : 16787
   Posted 11/24/2010 12:29 PM (GMT -6)   
RM it sounds like the hearing went well with no glitches. Like you say you want to think it will be approved but then there is always that little nagging thought we get in the back of our minds. I understand the feeling. But, all in all being honest was all you could do. The agency person you spoke of never heard of before, I see that you did not mention a vocation expert-very glad to hear that, thats a positive note.

Good luck on getting good news shortly.
Moderator Chronic Pain Forum

Mrs. Dani
Veteran Member

Date Joined Jun 2009
Total Posts : 2787
   Posted 11/24/2010 12:45 PM (GMT -6)   



   You did a great job! I can tell you really laid out every last detail of your life to the judge. You went above and beyond to make sure that everything was in order and I hope the judge realizes that. Stay strong and you will be in our prayers for a swift approval!


TWO roads diverged in a yellow wood
And sorry I could not travel both
And be one traveler, long I stood

Chronic Pain Moderator

Elite Member

Date Joined Jul 2009
Total Posts : 14475
   Posted 11/24/2010 1:29 PM (GMT -6)   
Good luck! I hope everything goes well for you.

Veteran Member

Date Joined Nov 2007
Total Posts : 6795
   Posted 11/24/2010 4:06 PM (GMT -6)   
Hi, Retiremom,
I poked my head in today and saw your post and wanted to respond. I so hope you get it this time! As hard as that must have been to answer those personal questions from your attorney (it seems like we have no privacy or dignity left at times, doesn't it?) I think those may be the ones that get you a positive decision - at least I hope so.

I can see why your case might have been confusing with the income issues, so maybe that's part of what contributed to the denials, but still, there are way too many denials.

I would assume that the holiday probably will delay things a bit, as you know people take long weekends, etc. so staff may be down, so think more along the lines of 5 working days. I wonder if your attorney will know before you get the mail notice - I'm not sure about that, but if you don't hear by the end of next week I'd call your attorney and ask.

I'm wishing you success as I know how it feels without the money. I still haven't received my first SSD check, just SSI (a program for low income), and most of the back award went to my property taxes, so I'm hoping my SSD payments start by mid-Dec. when they're supposed to!

Good luck!


Retired Mom
Veteran Member

Date Joined Feb 2010
Total Posts : 1753
   Posted 11/24/2010 7:40 PM (GMT -6)   
Thank you guys so much!! It means so much to be able to come here and share personal things that you can't share with others. As PALady mentioned, there is no privacy left... and I don't handle the physical challenges well.

Pete, I honestly don't remember how long it was, but I don't think very long at all....perhaps five or six months....I just can't remember....I'm sorry. I wish you luck on your hearing as well.

PALady, I have tried to talk to SS before on the phone during one of the denials (after they updated the internet) and they wouldn't tell me anything.....just that I would have to wait until they sent me the notice in the mail and then they would talk to me. I will call my attorney next week if I haven't heard anything. She did seem to think I had been approved, but then again, I don't really trust anyone until the papers are signed and in my hands. I was there the whole time they were talking and he didn't tell her anything I didn't hear directly. I don't want to get my hopes up and then have them dashed when the paper comes in the mail.

I have been so glad that you received your SSI and SSD....don't forget the medicaid/medicare (can't remember which) kicks in sometime on this (but again I can't remember the specifics). You may want to check it out online at the social security website. There is also a payment schedule. It's done by the day of your if you were born on the 1st-10th, then you get paid one day, the 2nd-20th is another week on the same day of the week and the 21st-end of month is another day. I don't understand everything, but I did check out as much as I could. My lawyer also told me to go to the SS office (nearest her office) and file for my daughter as soon as I recieve a positive response because she will get 43-47% of what I may get (including the back pay) until she reaches a certain age. Again, I'm hoping that means something positive, but I don't want to get my hopes up too high. I'm going to be crushed as it is if it doesn't work.

Straydog, the agency on the bottom floor was a state probation office. He was asking if I had done what the probation officers do....they all carry weapons in our state. That was part of the question about what I couldn't do anymore and I can't shoot anymore.

To everyone who responded.....I REALLY appreciate all of you!!!!! I can't express what you all mean to me!! I wouldn't know where to turn without HW and the members who have meant so much in my life since I came here.

Again, thank you my friends! Keep your fingers and toes crossed!
Retired Mom

Monty's Mom
Veteran Member

Date Joined Aug 2010
Total Posts : 664
   Posted 11/24/2010 8:38 PM (GMT -6)   
Retiredmom, I am praying that you have a good outcome and the judge makes the right decision for you!

The worst sin towards our fellow creatures is not to hate them, but to be indifferent to them. That's the essence of inhumanity. George Bernard Shaw

Pelvic adhesive disease, Irritable bowel syndrome, SI joint pain, 7 pelvic surgeries for pain, ovarian cysts, adhesions, and a kidney stone! Wait, future medial transcriptionist I must say ureteral calculus!

Veteran Member

Date Joined Sep 2008
Total Posts : 1670
   Posted 11/24/2010 9:39 PM (GMT -6)   
RM, I have all my fingers and toes crossed for you. I do so hope it all goes through smoothly now.
I can't believe they put you through the wringer, every last drop of humiliation before they're satisfied!
But I'm hoping that this is it and you get your SSD ok.
Best wishes, golitho

Veteran Member

Date Joined Jan 2010
Total Posts : 1097
   Posted 11/24/2010 11:10 PM (GMT -6)   
I am praying for you RM, that the decision is in your favour and you can finally get this dealt with and be done with it. I hope the answer comes quickly and that the Judge can see how obvious it is that you need this.

DX: Fibromyalgia, Severe Myofascial Pain, Chronic Pelvic Pain, Surgical Adhesions, IBS, IC-PBS, Carpal Tunnel (both wrists), FAI, Diabetes (just diagnosed), Reynauds, Opthalmic Migraines, Drug Related Hot Flashes, Hard Start for IV's, Unable to vomit due to surgery.

Meds: Oxycontin, Tramacet, Cymbalta, Cesamet, Flexeril, Clonidine + Vitamin D + Multi daily

Retired Mom
Veteran Member

Date Joined Feb 2010
Total Posts : 1753
   Posted 11/25/2010 7:47 AM (GMT -6)   
You guys are the greatest. I honestly appreciate every one of you!
Retired Mom
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