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  1. #1
    Join Date
    Oct 2012
    Posts
    4

    Exclamation Fighting for SSD

    I have not worked in almost two years now because of severe nerve damage to my back and right leg. The lawyer who is handling the case told me that I am looking at 15 months just to see a judge. Is this common? Also there have been several things to my advantage but Social Security continues to deny my application two times so far. I was sent for a IQ test a few weeks ago and the gentleman said my IQ was second grade level. The Pain Management Dr that I have been seeing for the last two years is on my side but it looks like Social Security is trying to question his methods of treatment. I take some of the strongest pain medicines that a person can take three times a day. I have slept 4 hours a day for the last two years. I am also in the process of debating if I want to have a second surgery to have a Spinal Cord Stimulator placed near my spine to help the nerve pain. I tell you I wish it all would just end people. It is sad that people all over the world pay into this and when we get hurt and we cant work we half to fight tooth and nail with these people. Good Old Government !

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
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    98,846

    Default Re: Fighting for SSD

    Quote Quoting DogsofWars
    View Post
    The lawyer who is handling the case told me that I am looking at 15 months just to see a judge. Is this common?
    Fifteen months starting from what action by the SSA? Are we speaking of a hearing with an ALJ or are you to the point of suing in federal court?
    Quote Quoting DogsofWars
    I was sent for a IQ test a few weeks ago and the gentleman said my IQ was second grade level.
    If we assume the basal age of your IQ test was 14, not 16, that would put your IQ around 50. Your post makes it abundantly clear that your IQ is substantially higher than that. Perhaps you were nodding out from your pain medications when you took the test?
    Quote Quoting DogsofWars
    The Pain Management Dr that I have been seeing for the last two years is on my side but it looks like Social Security is trying to question his methods of treatment. I take some of the strongest pain medicines that a person can take three times a day. I have slept 4 hours a day for the last two years.
    When you claim to be taking the strongest narcotics on the market in very large doses, yet that you are barely sleeping, that will create skepticism. Tell us a bit more about your pain medications.

  3. #3
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Fighting for SSD

    It does not matter that your pain mgmt doctor feels you are disabled and you take strong narcotics. What matters is you meet SS Blue Book criteria.

  4. #4
    Join Date
    Oct 2012
    Posts
    4

    Default Re: Fighting for SSD

    Yes I was told by my lawyer that it would take 15 months before I can have a hearing to see a judge in regards to my Social Security. Is this common? As to my medications and what I take I am not able to share this information with anyone. Thanks

  5. #5
    Join Date
    Sep 2011
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    OH10
    Posts
    17,019

    Default Re: Fighting for SSD

    No secret it is either Oxy, some version of hydrocodone or morphine.

  6. #6
    Join Date
    Jan 2009
    Location
    California
    Posts
    1,045

    Default Re: Fighting for SSD

    It is not unusual for it to take 15 months to see an ALJ. But I also think there must be something wrong with the CE results because you do not write like a second grader. Spelling is correct, grammar is good, syntax fine, your point is fully understandable. Something is wrong with the CE results and you don't want to be labled a malingerer, pretending to be more disabled than you really are.

  7. #7
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: Fighting for SSD

    Quote Quoting DogsofWars
    View Post
    As to my medications and what I take I am not able to share this information with anyone.
    From what you've suggested to us, the SSA is looking at those prescriptions and is inferring that you're a drug-seeker who found himself a doctor who is happy to write any prescription that keeps you coming back. If it's too embarrassing for you to describe the medications to us, it becomes difficult for us to suggest how you might counter that inference.

  8. #8
    Join Date
    Oct 2012
    Posts
    4

    Default Re: Fighting for SSD

    I was hurt two years ago on my job. The work comp case was settled without me having to file a law suit against the employer. I have not worked in two years because of the injuries I sustained to my lower back and right leg. I was advised from two different lawyers to file for disability. The pain management Dr I have been seeing has also stated that I should file for disability and that he would help me get it. The answer or advice I was looking for was in regards to seeing a judge or having a hearing and was wondering the time frame and if it was common. Thank You for answering the question Janke I appreciate it. All my medical history has been well maintained and documented for the last two years. I have four Dr's who also support me and a good lawyer. I will just keep fighting for it. After all I have paid into it and it is my right to do so. Thanks

  9. #9
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Fighting for SSD

    We're discussing issues you raised. Again, I'm sorry if the facts embarrass you, but these are things you brought up.

    If you want to complain that you're not getting disability benefits you "paid into", you need to understand that the SSA wants to determine if you're a drug-seeking addict with an enabling doctor, or if you're actually disabled. Again, this is stuff you're bringing into the discussion.

  10. #10
    Join Date
    Jan 2009
    Location
    California
    Posts
    1,045

    Default Re: Fighting for SSD

    You are welcome. But do you think you have the IQ or functioning level of a second grader? Again, your sentence structure and vocabulary are not the same as a 7 year old. An ALJ is intelligent and educated. He or she will not like evidence that contradicts what they can see themselves. You don't want the decision maker to question the validity of your evidence.

    Back cases run the gamut of slight impairment to severe impairment. Keeping your own pain journal, keeping track of how much effort leads to how much pain (not a vague I can't do much). How many good days, average days, bad days. How much medication you need. Perhaps your pain management doctor can give you some suggestions about how to keep track of those things. He would probably like to know as well to tweak your regimen.

    And yes, ODAR is still heavily backlogged. Does your rep plan to request an OTR (on the record) decision without a hearing? Some cases are approved that way. Others are approved with a hearing. Others are never approved.

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