@Jag65 Dont give up. Get an attorney for the appeals stage. He/she will only take the case if they believe you. I say this because he/she only gets a percentage up to a maximum fee only if they win for you. This arrangement is a good thing because they will work hard for you, yet not drag the case on forever.
That said, it will seem like forever because the appeals hearings are so backed up. During my wife’s first meeting with her SSDI attorney he did tell us it could take up to 3 years to get on the docket. Remember this, if you win you’ll get a lump sum check for back to the date you filed minus 5 months. Also, 2 years and 5 months after your filing date, if you win, you’ll receive Medicare.
Appearing before a judge at the hearing is really not stressful. Your attorney will prep you so you’ll know what to expect. There are 2 paths to SSDI, the actual illness, or illnesses, as described in the SSDI manual. It is probable that you didn’t have the correct documentation in your current medical file for the initial decision maker to approve your claim. Your attorney can help you with that. The 2nd path is something called Residual Function Capacity, in short, how does your illness keep you from gainful employment. Again, your attorney will work with you on this.
Generally speaking, you won’t have witnesses unless your attorney sees value in it. A witness might be a paid caregiver but usually the paper documents are good enough. The judge may have a medical doctor and a vocational expert either in the hearing room but usually on speaker phone. The judge may ask you questions. Just be honest and you’ll be fine. Your attorney will help you with hearing room demeanor.
The judge has 3 options, he/she can deny you outright, he/she can award SSDI for a limited time frame, or he/she can give you a fully favorable grant. Generally speaking, if you have been, and are, in continuous treatment, that is a big plus for the hearing judge. Also, if your illness keeps you from working, like to many sick days, it can be helpful for your past employers to write such a statement.
In either case, your attorney has likely been in front of all these judges so he/she knows exactly what the judges are looking for.
In our case, it took 3 years because of the hearing backlogs. The medical doctor told the judge that her illnesses wouldn’t necessarily keep her from working. The vocational expert told the judge that might be true but she would never keep a job with all the doctor appointments and sick days taken. A couple weeks after the hearing, she received the notice from the judge essentially stating that her illnesses kept her from working as evidenced by the vocational experts opinion, a letter from a prior employer, and the judges decision that she deserved SSDI. She was granted a fully favorable decision. Since it took so long, the attorney only got $6,000. because that was the lesser of 25% of the bavkpay, and she was sent a Medicare Card.
I hope this helps you and eases some of your anxiety. Take care.
