Fibromyalgia Support Group
You're not alone in your pain. Fibromyalgia is a condition that can be difficult to diagnose and manage. If you're trying to cope with pain throughout your body, sleep problems, general fatigue, or other common fibromyalgia symptoms, you're in the right place. The community is here for you to talk about therapies and share your challenges.
Well, I just got the letter a couple days ago that they have denied me any SSDI benefits. This is the first denial I have gotten, this time. For those of you that don't know, I applied and was denied all the way up to the SSJudge about 5 years ago. I gave up then, but my grown children have been bugging me to do it again. Well, I did and they denied me. I am, however going to try to appeal their decision. Ya know what really get's me is that even the first time I tried years ago, my doc sent them 2 or 3 letters saying he didn't think I should work. How in the world can they say no to that doctors letters?! They said in this letter that they feel that even tho I can no longer do my past work, I have the ability to do something less physical and that even part time work can be considered substantial employment in their world. Hey, maybe they will hire me and give me days off without prior notice whenever I have a flare up and can't work for possibly 1 to 3 days. Or maybe I can't work for 4 months at a time, cuz that is how long it took me to get over the last flare. They also feel that my health issues are being managed well enough. Sheesh! I wish they'd let my body know that it is not as bad as it thinks it is, that it is under control! It just makes me soooo mad! I think it's probably useless to keep going, but I am gonna give it a good try anyway. On top of all that, 3 weeks ago I had strep throat, was treated and got better. 3 days ago I have caught this darn cold that everybody has around here. GRRRR! Seems somedays you should just stay in bed!! Sorry I am not better company tonight, but, between the stress,the cold, and my legs wanting to play jumprope when I'm wanting to sleep, I am miserable. Although I would never do it, I certainly can understand why people get so depressed that they want to end the torture. If I didn't have the wonderful. loving family that I have, I probably would seriously consider that as an out from all this darn crap!! Hope you all are having good days! Hugs to ya all! Cheryl
You have to sign a lot of releases & it seems like a hassle but it's worth it.
I just went through the process & it took 3 years but they back pay to when you filed your claim. I still have to wait until I start getting any money but I know it's on the way.
It had to go to a hearing which only took 20 min & the judge approved my claim.
We had some friends whose husband went through the same thing. Only it took 2 hearings before he was approved.
Don't get discouraged. Get a lawyer. It's worth it.
You can negotiate with the Lawyers. They will price what is the highest amount the ssi let them have. I got attorney right before the ALJ hearing. Was turned down by Judge. Went to committee before the Federal District court. Was remanned back down form there without a hearing.
With prejudice, but they send them back down all the time becuase the ALJ Judges do not have to have any qualifications to get there job and never heard of one losing it due to turning down to many people. No requirments for them to have to research case history etc. etc..
I signed contract where i would pay 8pct. of my backpay if we won at first hearing. Then was told if it went to Federal court I would aggree to pay (forget now) 18 pct i think. But the fine print so to speak said if anything after ALJ hearing including being remanned back down for Federal Court.
I read that at the time and asked what remanned meant. I was told it was if went to Federal court and they sent back down. I told the attorney at the time I can see if we go to federal court then sent back down for another hearing, that I aggree with it.
So read contract, then go see another attorney or 2 and see what they would do it for and ask them to read the previous offer. Then still try to get them to accept less pct.. Becuase the longer it takes the more they get. And the higher percentage they get, or the limits are set that way. So no incentive to win the first hearing, but just the opposite.
Since you are already past the ALJ hearing you have short time to appeal. If I remember right??? somthing like 60 days. You also if not to long since you filed before you may be able, when you win, have them go back to when you first filed for back pay.
But there is presidant from 6th Circuit Decison that states Fibro. is a just reason for disability, but burden of proof is on us to show evidance. This court is right before the Supreme court. It was appealed but Supreme court refused to hear it.
They have access to any moneis you made and work history. So if you have tried and could not work a job that can be used to prove doctors statements. And a specialitist as said above is important to have. There opinion trumps so to speak any family doctors input.
Good luck and keep us informed. I know it is hard esp. if flare up and you have to go. But get someone to drive you and tough it out. I was almost a zombie the first hearing. The second one I was better, or up to bad lol. Good luck.
It is my opinion, we are rejected by 1 or 2 ways, or both; We can work (SOMETIMES/rarely).
We are to far dependent on narcotics. These are Doctors judgments, so WHATEVER they write-Make certain it's what you want the judge to hear.
At age 20 I was granted a Disability Pension at an 80% disability.
There are hard in Australia too, just cut 6000 people off Disability, because they signed a form saying they could work up to 10 hours a week. You have to be in a position to say I CANNOT WORK Longer than 5 hours a week.
AND therien lies the contradiction, we want to get better, and participate,
but we would require special contracts for those who can work at all. Heres another. If she has fms and working full-time and holding a family together; Why can't you?
These are the mythology of fibromyalgia.
If she can live without pain-relief; then why cant you?
Discrimination at it's worst.
So I agree, if you can afford a lawyer do-so; Remember its a disability rating that is very-high.
Raving now: You get the picture,Keep up the good fight.
Love and Loved
Another thing, make sure you are making regular visits to your Dr & therapist. All visits & tests need to be forwarded to the lawyer. He then forwards it on to SS. When I went to the hearing my lawyer had 2 blue (the big ones) binders full of all medical info. He was great.
Still waiting on the check because the SS Admin is so behind in everything. Their funds have been cut each year for the last 8 yrs. They keep having to lay people off. For our area here in the midwest we used to have 7 judges & are now down to 2! Don't give up hope.