Applying for disability...and have a few ??

grannyrn65 · Nov 4, 2010

Hi everybody!
Just hoping I can get a few glimpses of hope with maybe some
help w/ understanding how long it takes for a hearing to be
scheduled since I've been denied twice and am waiting on a
letter of notification with info.on a hearing date, etc..
I filed the most recent information in July and have heard not
a thing. And does anyone know what happens exactly in a
hearing ? Should I get an attorney for this? Thanks so much.

Yes, you do need an attorney. He should be one who specialize in SSDI. You did say your age. If you are fifty or older you stand a good chance. If you got your denial in July, depending on the part of the country you reside in, you may wait from one to three years. The reason is there are not enough administrative law judges, who hold the hearings. We have been begging for judges since the late 1990's . Congress has refused to fund additional judges. If the Tea Partiers have their way with cuts, we might lose judges.

You need to provide up-to-date medical records documenting your disability and projected length of time. I went on WC disability on November 29, 1988. I filed my initial application in April of 1989. I was turned down the second time in September of 1990. I got an attorney, had my hearing in May of 1991 and got my approval in August of 1991. I lived on $143 every two weeks and had loans provide by my former boss and my daughter. It is an extremely difficult system. They attempt to get you to drop your claim.

The attorney will be paid out of your initial award. SSDI sets the amount.

In October of 1999 I was notified of several IME and a hearing date in February of 2000. I moved from my state to another one. My evaluation was handled over the phone. I returned to grad school, got my degree and went back to work in 2003. I retired this past year.

Good luck

GrannyRN65

Rascal1 · Nov 7, 2010

Hi Granny65,

Thanks for your reply. I'm wondering what happens in a hearing and did your attorney get paid

a set percentage of your total amount owed you? And did you hire her/him just for the hearing?

Does having an attorney make it easier to actually get a hearing date and a positive outcome?

I'm 53, w/cognitive/memory impairments (both ST/LT)severe anxiety, depression(three antidepressants)

recovered alcoholic with R.A. and Fibromyalgia, moderate degen. cervical disc disease,scoliosis and some

other lesser skin/allergy things. And Menopause is treating me poorly!

I'm struggling to pay my rent,my 77 year old father helped me w/ two months. It killed me to ask him and

can't keep doing it. I have no one else to help my son(17yr old) and myself. I work per diem for $10 an

hour doing food demo work. And am on the last few weeks of unemployment from a nursing job from 2009.

Thanks for listening. Congratulations on your new life!

grannyrn65 · Nov 8, 2010

Hi Granny65,
Thanks for your reply. I'm wondering what happens in a hearing and did your attorney get paid
a set percentage of your total amount owed you? And did you hire her/him just for the hearing?
Does having an attorney make it easier to actually get a hearing date and a positive outcome? `
The judge sets the rate of percentage. It generally is 30-35% of your total initial award. I got him for my hearing. If I had been rejected he would have handled the appeal and the next hearing. The hearing date is set by the court. I've been qualified as an expert witness but I wanted representation. Even with my qualifications I didn't feel comfortable. My initial award was about $16,000. His fee was just under $5,700.
I'm 53, w/cognitive/memory impairments (both ST/LT)severe anxiety, depression(three antidepressants)
recovered alcoholic with R.A. and Fibromyalgia, moderate degen. cervical disc disease,scoliosis and some
other lesser skin/allergy things. And Menopause is treating me poorly!
Your age and multitude of health problems should give you a positive outcome.
I'm struggling to pay my rent,my 77 year old father helped me w/ two months. It killed me to ask him and
can't keep doing it. I have no one else to help my son(17yr old) and myself. I work per diem for $10 an
hour doing food demo work. And am on the last few weeks of unemployment from a nursing job from 2009.
You cannot have any earned income. If you do, you are consider employable. Unfortnately our government does not concern it's self with our well being. You should look into your state's welfare system. It is possible to get help from them.
Good luck. Feelfree to contact me.
Thanks for listening. Congratulations on your new life!

GrannyRN65