We were denied SSD the first time. Next is a hearing in front of an Administrative Law Judge (ALJ). The letter tells us to prepare for the hearing. We can have a lawyer if we want. The letter explains this. My question is - Has anyone ever gone before the ALJ? Do I need a lawyer? Can I do this myself with my DH? I just don't know how tough the ALJ can be?
I have not had to as mine was approved the first time. If he has the diagnosis of EOAD I do not understand why it was denied since SS has approved it for fast track. That aside, I would start listing all the things he can no longer do. Also, why he would be a hazard to employers. If I remember correctly he had his own business and that may be why they denied you - some idiot probably figured he could still work it.
I think you best argument will be: if he has been diagnosed with EOAD, take a copy of the addition of EOAD to 'fast track' (or something like that - help Jane) with you along with the diagnosis.
Did they say why he was denied? I wonder if they make it harder for ones who were self-employed to qualify? He should have still been paying SS taxes. The only thing I could think of is that the business did not make enough profit so he was able to escape paying SS taxes.
As I posted previously when I did the paperwork I went very strong on how the memory loss - not being able to remember things even minutes after being told - would affect his ability to do a job and what employer would want to take on that liability. I also think a factor in my hb's approval was that he applied for early SS at the same time so all that happened was his monthly SSDI went up a couple hundred dollars. He also had had two nueropsych testing results to back up his inability to work a normal job.
Also, my hb had not worked in over a year. I somewhere I heard they want you to be unemployable for a year. but the 'fast track of EOAD' was suppose to nullify that rule. I also hear, depending on where you live, there is a quota and if they have gone over it, it is harder to get approved.
I forgot - when we had the interview with SSDI psychologist he said it was just a formality since all the doctors reports and mine were adequate to prove he was unable to work. He asked some questions, chatted for a while and that was it (over in about 15 minutes). We both had sweated it would be this big psych test again but the medical and psych testing were sufficient.
The medical records said, Early Onset Dementia. Another said Dementia of the Alzheimer's Type. His cognitive scores were classified as Severly Impaired. I looked back at the denial letter and it said the medical evidence in file does not show an impairment of disabling severity that was present prior to the date he was last insured for disability benefits. He filed taxes for 09. But hasn't worked since April of 09.
Mag, others HAVE filed a second time and had it go thru. Try to search for SSDI in the messages and see if you can find it - here it's liable to be a bit quiet here for a few days, before others can write to you.
I would get an attorney to represent you that knows SS law. The attorney can't charge you if you don't get anything and they are limited to the amount they can charge.
Make sure you bring all copies of his medical records. Also what type of work did he do. I have heard from other people that they were denied SSD because they (SS) felt that he was still able to do some type of work. I also know that each state handles the claims differently at different times of the year depending on their budget. I was told this by a psychologist.
Did your husband have any neuropsychological testing done? I know that the report from the neuropsychologist stating that he couldn't be left alone and needed constant supervision made a greater impact than just the neurologist stating he had probable FTD.
Even though your husband has a diagnosis of EOAD which is on the "Compassionate Allowances" list, this doesn't mean that the claim will automatically be approved. It just means that they will handle the claim in a shorter period of time. I have also been told that it is better to go through all the steps of the claim than reapplying. Reapplying could make the decision take even longer.
I hope your hearing goes well and it happens shortly. If you feel the need for an attorney I agree with JudithKB that you get one who is knowledgable in SS Law. There is a limit on how much of a fee they can collect. This is mandated by the Social Security Administration.
I also agree with the idea of hiring an attorney, specifically one who specializes in SSDI. I worked for SSA for 32 years, but I'm having trouble understanding the language you quoted from the award letter. It sounds like they're not disputing the diagnosis, but rather, the timing of the dx in relation to when he was last insured for SS benefits. I think a consultation with a reputable attorney is in order--it may be relatively simple to clear this up.
Deb is absolutely right--inclusion of EOAD on the compassionate allowances list only resulted in an expedited decision for those cases--it didn't mean automatic approval.
Mag..I think I can help you a lot on this. We went to the SSI appeal for the third time...there are a lot of things you need to do, and prepare for the hearing. If you email me, I can send you some very important things you will need, and give you advice on what will happen. Also Mag, give the me name of the judge who will be hearing your case....Our judge had a 60% rate of approval, so that gave us an edge...Keep in mind that whatever your doctors say has no bearing on the case...It is what the ssi doctors say that determine the disability. However, get letters from other sources...(pharmacist, boss, workers, relatives) and they count for more than the doctor reports...You can go to the hearing without a lawyer...we did...We had contacted 4 lawyers, and each one mentioned "they only take a percentage, followed by YOU need to do this, do that, etc....we then decided to organize our case...Believe it or not, most alj judges are not familiar with eoad disability, because the majority of alz cases occur after the person retired...I spent about 80 hours preparing our case, and most important was gathering medical records..I did not rely on each doctor to send them in, and I only brought the records that detailed anything about alzheimer's or dementia.In our case, we did not have sufficient work credits for 2009, so we had to build the case to show that she was disabled about 2004.....We worked the case backwards...starting with stage 6 now, and showing its progression in reverse all the way back to 2000/ You can find my email address on my profile....and I can guide you thru this...
Mag, What ever you do, don't give up. It will pay off in the end to keep working at this. I got a long list of questions from the state. I filled out everything in very clear detail. I'm sure I gave more info than they wanted, but I left no questions blank. I think an attorney will be a good investment at this point. I was approved the first time around, but had the name of a good SS attorney just in case. I am sure it is his self employment that is the sticking point and a good SS attorney will know how to get you through this.
Good luck, You and your family are in my prayers, blue
Could be not all the doctors sent in their reports too. My hb was a printer by trade and there was no way he could ever safely run a printing press, cutter or other bindery equipment. Running lawnmowers at an RV park (we had gone to workamping) was also out = too much of a liability. Document, document, document - what he can and can't do anymore due to his memory loss.
I found out that Dh was not insured priior to the time he was diagnosed. This is a matter of 8 months. Had I known I would have changed the dates on the report. I am now appealing and will go in front of the judge. I have to present to him/her evidence that he was having problems prior to the date he was last insured. I think I can do this. I'm going to try. It makes my head hurt.
We were very surprised with dh got his SSD on the first try. His diagnosis from the neurologist was "Senile Dementia/Parkinsons". We were prepared to fight it but didn't have to afterall. Good luck.
Mag, Make a list of anything you have noticed. I can now look back and see so much that I think that's why he did that. My DH just stopped doing things, let me take over everything we did, could not do anything new, stopped reading, books items on the internet, stopped cooking, forgetting to take out the trash, forgetting things at work, forgetting to eat, how to pick out the right cloths, all AD. I thought it was stress or depression. He was always mad at me, thought I was hiding something from him. Make sure to have any reports in hand from his doctors. Statements from coworkers, friends, family. Overwhelm them with information. Write a report yourself. Make this your new job.
Mag..your husband qualifies for the compassionate allowance, and it is an automatic approval...However, you must have the required number of credits to qualify. Your biggest task is to prove that he was disabled when he did have enough credits. You need to find out when he ran out of credits for disability..then you base your case prior to that date... Keep in mind that the doctor's reports about disability do not hold much weight...it is what the medical reports indicate to the SSA's staff of doctors that count, However, letters of disability from work, freinds, other professionals count heavily///ie we had a pharmacist who noticed a severe change in her condition and was willing to write a letter...also, my wife was in real estate, and her broker wrote a letter.... (since most people do not know how to write a letter, we wrote what we wanted, and they approved it and signed it....) It was hard to compose the letter, but we documented it and handed them the letter to sign.... You will need to go as far back to the time when he had work credits.. Finally, SSA must determine that he could not perform his work as he did previously. They will bring in an occupational expert who will determine if he could perform some other job, and finally whether he could perform a menial job...(janitor, walmart greeter, hamburger maker, parking attendant, etc...) The process is very simple, although the hardest part is gathering all the ""evidence". Also, the key is to insure that ssa has the reports...based on my experience, doctors did not send them properly, or they were misplaced, lost, stolen, sitting in a pile, etc.... SSA will give you a barcode sheet to fax to them, with the reports, then they will send you a disk of all records on file....It is imperative that they have the proper documentation for the hearing. I faxed mine all to them, and surprisingly, some were still missing....So, I made a copy of all the pertinent documents, and sent it overnight mail directly to the judge, and to the occupational professional... It is not an easy fight....but it can be won. Mag...I had done a spreadsheet of my wife's symptoms going back to 1998, along with some mmse tests, and slums tests that I had given her myself....Amazingly, the judge assumed that the doctors had sent them, and it looked so professional that they were impressed.. On the day of our hearing, my wife and I showed up, accompanied by my daughter and my son. Each of us had an assignment....my daughter would present the case and evidence, my son was the body guard (he had the responsibility to handle his mom) I was the spouse, witness, and my wife was...(let us say she was there) The judge asked my wife her name, date of birth, address, etcc, and when my wife could only answer "I don't know", she then asked her permission to ask my daughter the questions...my wife answered OK, then left the courtroom...The judge just stared at her leaving, then expressed her sorrow that she could not respond...We used every aspect of human behavior to tug at the heartstrings, and also mentioned her breast cancer////(that usually will strike fear in female judges), and we tried to be as sincere as possible about her disability. Good luck on your case...it is well worth the effort you put into it.....Judges are people too...their job is to rule out the non deserving people who claim disability, and also to make sure that you qualify under the law.....