Posted 8/17/2012 5:10 PM (GMT -7)
Snow, they did have my permission (signed release) to secure all my medical records, so that was no problem. When I got my first rejection, they indicated they didn't see enough to justify approval. I had filled out the form that showed my limitations. Based on their findings, in the rejection letter, they claimed I could do all these type of physical things that would have been impossible in my condition. I remembered how much this angered me. While I was attempting my first appeal, I was assigned a SSD agent in Baltimore, we spoke often by phone. I told her that they needed to talk to my doctors themselves, and that's when they said that they weren't allowed to, that they were basing their opinion on my records alone. This was before I secured my SSD attorney..
Once I got the lawyer, everything changed fast, this was after my 2nd denial.
Yes, I got fully appproved within 3 or 4 months of getting an attorney. We were about 2-3 weeks away from going before the board ( or whatever you call it), when I got a surprise phone call. One morning, my attorney called me up early, and said, "I am shocked, the judge (or whatever they call them) just approved your claim."
Even my attorney didn't have to go before the judge. She said that rarely happens.
In the end, this judge, not only approved my claim, but she (yes, a woman judge too) said that it was wrong for SSD to fool around for so long (more than 2 1/2 years), and that my case was a "no brainer" as she said, and that it was so obvious that I was totally disabled. She said to punish them (SSD), she moved the date of my claim not to the time I filed ( which is the norm), but all the way back to the day I was diagnosed with Prostate Cancer. So my back-pay was huge, which made the lawyer happy as she got the max. amount allowed for her fees.
And because she back-dated it, I had already met the waiting time for Medicare to kick in, and my Medicare was effective immediately. It was a long tough fight, but I won. Also, the judge wrote the summary, where I never have to be re-examined (or whatever the proper term is) by a doctor again, that I was considered perm. disabled.
My lawyer said, that was mostly because of my age when I was approved, which was 59. I would have qualified for max. SS anyway on my 62nd birthday. She said sometimes, with older people applying for SSD, they knew they were like me, fully vested into the SS system because I had 42 years of work history.
Age: 60, 56 at PC dx, PSA 16.3
3rd Biopsy: 9/8 7 of 7 Positive, 40-90%, 4+3
open RP: 11/8, Catheter in 63 days
Path Rpt: 3+4, pT2c, 42g, 20% tumor, 1 pos margin
Incont & ED: None
Surgery Failed, recurrence within 9 months
Salvage Radiation 10/9-11/9, SRT failed within 9 months, PSA 4/12 = 37.x
Spent total of 1 ½ years on 21 catheters, Ileal Conduit Surgery 9/10,
7 other PC-related surgeries
Member of Prostate Cancer & Chronic Pain HW Communities since 10/2008
“I live in the weak and the wounded” – Session Nine (Movie)