SSDI hearing

It's been almost three weeks since my disability hearing and my lawyer confirmed my conclusion that the hearing did not go well. He said that I did not come across as credible and that we were looking at a denial. He said that as soon as the results arrive we can talk about an appeal.

I have a couple of questions for anyone who can offer some insight.

1. At what point can I jump ship with this attorney? The lawyer representing me is employed by the law firm I hired - in other words, he is not working for himself. That is important to me because for three and a half years I never spoke with this person. The lawyer I spoke with and more frequently her assistant, filled me with confidence - this man, not so much. I first spoke with this man a month before my hearing and I was disappointed from the first moment.

I am under contract with these folks as my fee is, as with any disability lawyer, based on a contingency. Does anyone know if, post hearing stage, I can get out of that contract and begin with a new firm? No, I no longer have or can no longer find my contract.

2. Due to being out of work for three and a half years and recently losing food stamps, I was desperate and looked for and found a job last week. It allowed me to sit or stand as needed and took minimal physical or mental stress on me. Nevertheless, as my primary care physician predicted, I had a heart attack Monday after working my first day and another Tuesday morning. I had surgery through Wednesday evening and into Thursday morning.

I called my attorney Wednesday afternoon and updated him. He said that it was 'interesting' and we'd talk about it later when the denial came in. I was hoping that since the judge hadn't rendered his decision yet, it might be possible to give an update - and I asked him about that. He repeated that we'd talk after the denial arrived. Does this sound reasonable?

3. Also, I asked why he didn't mention that large number of drugs that I'm on (and that disability requested in the moments before the hearing) that I can't work safely on - i.e. 40mgs of hydrocodone daily. He said that ssi doesn't want me on such pain meds and so it is counter-productive.

4. The lawyer said that the not credible aspect was based on me stating that I have between three and forty muscle spasms throughout the day that can last from thirty seconds to thirty minutes. The longer ones often cause muscle to rip from bone. At the time, doctors had not found the cause of this. They discovered the cause during surgery Wednesday and Thursday. They don't know why my body is doing this but they did see it themselves. Turns out, it's not a problem with my muscles...it's my blood vessels, which in turn trigger my muscles. My blood vessels spasmed so violently during surgery that they snapped a plastic (re: it bends) catheter that they were threading toward my heart. Then the vessel stayed clamped long enough for them to remove what was left of the catheter and go back in there and retrieve the broken off piece while my blood vessel held it in place.

Anyway, the lawyer said that it is interesting but since the doctors can't explain the cause yet, there's no use taking it to SSDI. Seriously? Does this sound right?

Lastly, though not a question, I want to give you some evidence so that you don't think I'm ''not credible". I have, amongst other things, chronic pain syndrome, coronary heart disease, chronic kidney disease, chronic liver disease, severe neuropathy in all extremities, myasthenia gravis (auto-immune), etc., etc., and on the psych side of things I have dissociative identity disorder, c-PTSD, and depression. All, of course, well documented.

I should think you could request another lawyer that works in the firm for appeal. I am very sorry you were not successful. Trying to get disability is a hard road. I would think SSDI would be interested in all conditions you have even as in the spasm problem that the doctor is not sure of the cause. I think disability lawyers would be interested if you had a bad cold as any documentation is important.A question comes to mind....is the documentation there from ALL your doctor's. Medical documentation can vary depending on the time your doc can devote to it. May be it's not as well documented as you think BUT....that's something that the lawyer should be able to tell you. I wish you the best.

Actually, the doctor employed by Social Security stated during the hearing that seldom do they have such complete documentation. So I think that this is not the primary problem. Thank you though for the food for thought (regarding requesting another attorney within the firm) though I'm not sure that's possible. The law firm is three hundred miles away with an office in my city. What I did not know was that there is only one attorney working in the local office.

I've crept on a few of your threads over the months, and it disgusts me that you can't get some kind of assistance. Disability is horribly abused in this country, with people managing to get rewarded for totally curable or minor "issues" - whereas I don't know how you're even alive let alone self-sufficient yet you're getting dismissed. It's a travesty.

Sorry I can't help.

If the people in the hearing (and perhaps even your lawyer) do not find you credible then there's nothing much that you personally can do about it, as I guess you have concluded so you are asking about getting another lawyer.

Have you considered asking your doctor to write a description of what happened with your blood vessel during surgery? And as much else as he knows? And send that to your lawyer?

Also, is this the kind of thing you could ask your therapist? I know she believes you, perhaps she can think of ways to convey information to your lawyer about your case in ways that SSDI will find credible? I know she isn't a disability expert but she may have some knowledge about people and communication strategies, etc.

*nods* It is difficult for me to appear credible, though there is thorough documentation on my medical conditions. My pain level though is not measurable nor is my drive, so they end up believing that since they can't do what I am doing while in this much pain, then I couldn't.

In this context, the judge didn't believe that if I were in as much pain as I stated that I could drive myself to the hearing. But of course he didn't know that three out of the five heart attacks I've had have been at work - and I finished my shift each time before leaving for the hospital. Or that when I had these last two - last Monday night and early Tuesday morning, that I went to work on Tuesday and worked my entire shift plus overtime before going to the hospital. If he knew that about me, he might have believed that I drove myself to the hearing even with the pain level what it was. Or perhaps if he knew that when I was with Force Recon, a group of some of the most unstoppable men on the planet - that my team considered me the bar for un-stop-ability.

But he knew none of that because each time I made a suggestion to my lawyer about these and other things that speak of who I am - he blew it off.

My primary doctor did. There is a form that you have your primary care provider fill out called a Residual Function Something or other. In it he stated that I could not walk or stand for more than five minutes and sit no more than twenty minutes. As for the surgeon, I did make sure that he put it in his notes...he assured me it was. I called my attorney to forward it to him and he said we'll wait till we get the official denial before we do anything.

We talked about this in depth before the lawyer requested her information. I'm confident that she did a fine job - I really think the lawyer doesn't much care.

This law firm do they specialize in SSD and say if u don't win u don't pay. because if so the people you talk too are more like advocates and when it comes time for the hearing they have attorneys placed all over and they send them the info and appear at the appeal. They also get 25% of your back pay and can't take more than $6,000.00. Unfortunitly some will take u to the $6,000.00 I hope this is not the case with u .peace hugs