Jump to content

Finally Had My Ssd Hearing, Can You Please Give Me Ideas On How You Think It Will Be Decided? (Details In Post)


ItsMe

Recommended Posts

Hi! :)

I had my hearing yesterday, here's basically how it went.

The judge asked me why I couldn't work, I explained some of my symptoms with POTS-weakness, fatigue, sometimes not being able to even get out of bed, near pass outs every day, passing out completely 2x (the last of which was a very bad one and my husband thought he lost me), dizziness, weakness, head pressure, migraines (sometimes with blinding aura), visual problems-like blurriness and noise, inability to concentrate or focus, memory loss, bladder problems (Interstitial Cystitis), and even stomach problems. I explained to him that my condition is basically keeping my vital organs from getting enough blood and oxygen and without blood and oxygen it really effects everything so much.

The judge also noted that my specialist recommended dietary changes and exercise. He asked me if I exercise. I told him my Dr knew I was very limited with that but said to do it when I could and I told the judge I try to do that but it's hard to say how much because some weeks I can't do it at all, while others I can do a few mins at a time, up to possibly 30 mins on a "better" day. Some weeks I can't do it at all while others I can maybe do it up to 1-3x a week with very limited time on it (treadmill) and with my husband there with me watching me like a hawk.

Then the hypotheticals, the first 2 the judge didn't really list any limitations, of it he did they were very basic. And the Vocational Expert said that yes there were jobs with those hypotheticals.

The last hypothetical he listed 4 of my limitations, based on those the VE said that there were not any jobs that I could do, that I'd be unemployable.

Then the judge asked him if that was with a combination of all the limitations or if each individual limitation would cause me to be unemployable, and the VE said that each individual limitation would be enough, that there were no jobs that I could do.

Then my lawyer added the other limitation that was on my form my doctor filled out stating that with my condition I would have at least 4 absences a month. And the VE said with that limitation I would be unemployable.

So based on all of this, how do you think it will be decided?

I don't think it's fair that the judge asked the first 2 hypotheticals without listing my true limitations and I'm afraid that will hurt my case as my lawyer stated that he can choose any of the 3 hypotheticals to base his judgment on.

Also I'm worried about the exercise question, it's really a kind of trap question because they could say if I didn't exercise that I wasn't following my doctor's orders, or they could say that since I'm "healthy enough" to exercise sometimes (even if only for 30 mins at a on a supervised treadmill) that I am healthy enough to work... ?

Anyway, what do you guys think?

Thank you so much! :)

Link to comment
Share on other sites

I've never been gone through this process (yet), so I'm sure others will be more helpful with that. It certainly sounds positive though based on the VE's comments!

It sounds like you handled the exercise question very well! It highlights part of the problem with POTS which has to do with unpredictability and variability of symptoms. If there are some days/weeks you can't exercise then there will be some days or weeks that you can't work, and how can you realistically expect someone to hire you under those circumstances.

I hope it goes well for you. How long do you have to wait for an answer?

Link to comment
Share on other sites

Hello! :)

Thanks so much for the response! Any feedback right now is SOOO welcome so THANK YOU so much for your encouraging post! :)

Thanks so much, I (as many people here can relate I'm sure) need this aid soooo very much. Being unemployed for several years has taken such a massive toll on everything, even my marriage. :(

If we don't get this aid I don't know what we'll do...

Anyway...

The fastest I will hear is 2 weeks, it could even take months, especially if the decision isn't favorable...

Thanks again! :)

I've never been gone through this process (yet), so I'm sure others will be more helpful with that. It certainly sounds positive though based on the VE's comments!

It sounds like you handled the exercise question very well! It highlights part of the problem with POTS which has to do with unpredictability and variability of symptoms. If there are some days/weeks you can't exercise then there will be some days or weeks that you can't work, and how can you realistically expect someone to hire you under those circumstances.

I hope it goes well for you. How long do you have to wait for an answer?

Link to comment
Share on other sites

I totally hear you about the toll all of this can take. All of that uncertainty is tough for everyone involved :( I hope you don't have to wait too long for a response. Keep us posted on how it goes.

I just filed my disability claim today.

{ As a side note...I didn't proof read my earlier post so when I said "I've never been gone through this"...that was a typo :P I felt a bit like Kenneth from the tv show "30 Rock" - when I read it back }

Link to comment
Share on other sites

AllAboutPeace: Yes, it really has been so tough! :( And of course I'm sure many also know the financial toll, for my husband and I it has been crushing. :( We are in such massive debt, I feel guilty and so does my husband-both because we can't do more to pay the bills.

Anyway all that stress plus the depression of feeling so bad all of the time, all the EVERYTHING involved with suffering so much for so long in so many ways... it's all been too much for us both.

I'm just hoping and praying that FINALLY our miracle will come, help is on the way... we're trying to hold on to that desperate hope...

GOOD LUCK to you on applying! They of course intentionally make it as difficult and stressful as possible... :(

Do you have a lawyer yet? I wish I had gotten one from the start now...

Also cooperation from your doctors, notes or forms would be especially helpful!

Unfortunately my diagnosing doctor wouldn't help at all, it's their "policy" not to touch anything disability related... :(

But my family doctor did help me by filling out a form, hopefully that will be enough...

Anyway GOOD LUCK to you, I hope and pray it goes VERY smoothly for you! :)

I filed mine Dec 2010.

Oh and yes I'll update this post when I find out anything. ;)

Oh and don't worry about the typo, I didn't even notice it! ;) I myself make sooo many typos all the time anyway. ;)

THANK YOU! :)

I totally hear you about the toll all of this can take. All of that uncertainty is tough for everyone involved :( I hope you don't have to wait too long for a response. Keep us posted on how it goes.

I just filed my disability claim today.

{ As a side note...I didn't proof read my earlier post so when I said "I've never been gone through this"...that was a typo :P I felt a bit like Kenneth from the tv show "30 Rock" - when I read it back }

Link to comment
Share on other sites

Jan: Oh thank you so much! :) I hope and pray you are right!!!

I just hope that the judge goes with that ONE hypothetical where the VE's response was favorable...

He's a new judge so the lawyer knew nothing about him...

I think you will get SSDI because of what the VE said. Good luck.

Link to comment
Share on other sites

Anoj: Oh thank you so very much! I sure hope and pray I get it too! We need it so desperately in so many ways! :(

Thank you! :) ((HUGS))) back

i really hope you get it. i just want to say good luck and i totally relate to the emotional toll this must be taking on you. HUGS!

Link to comment
Share on other sites

  • 1 year later...

I agree with jan I think you will get it based on what the VE said. I have been trying to get mine for three years now and I just had my hearing on Wednesday and it basically went the same way. I think that the last hypothetical that they talk about is the most important one because that is the only one that includeds all or most of your symptoms. The others are mearly just that. Hypotheticals. My lawyer is extremely confident that we won simply because of that.

Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

×
×
  • Create New...