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Disability Hearing

Disability Hearing

Just found out after many denials and appeals i finally have my SSDI hearing coming up in November. I do have a disability lawyer so im relieved there, but i was wondering if anyone could guide me some on what they've experienced. Mine will be online of course with corona. Im trying to stay low stress about it and sort of prepare also. Thanks everyone!

A MyEpilepsyTeam Member said:

Let your lawyer do all the talking! They will have an employment specialist to testify as to what jobs you can hold and the requirements the job would need to meet! My judge mandate due to only 3 jobs being “available to my situation” that I’m 100% because the job would have to comply with a need for me to lay down in at any moment as well as a mandatory break every two hours! Which no job will ever supply, so my judge ruled there aren’t any jobs I could safely take!
Good luck and if they ask you questions (usually keep it to your lawyer), but just in case, keep your answers as short as possible and no extra details

posted 8 months ago
A MyEpilepsyTeam Member said:

I say tell the truth I did that I just told the truth my disability was approved and I didn't even know it in 3 months my first time I just told the truth

posted 3 months ago
A MyEpilepsyTeam Member said:

Just moved to Ohio because uc health top Tennessee got my disability 👋

posted 3 months ago
A MyEpilepsyTeam Member said:

I am very glad for you that you were approved without any difficulty. I was never even brought before the social security committee to answer any questions. The only time I was asked any question was by the judge (and that was via a virtual hearing. I had needed to prove that there was absolutely no job in MA that I could not do (they did not care that many of them I would not even be offered because of my education level).

You also might have had a neurologist that provided evidence of your limitations because of your epilepsy to the team collecting the information to be given to the social security committee who examine all of the available information and make the decision. And possibly Ohio has a much easier committee to convince (once again the key is what your neurologist and any other doctors who they consulted on your behalf said). In Massachusetts, you must prove (which is why just about everyone who does not have obvious disability that is visible with or without scan and test results) that there is absolutely no job that you can do before you can be approved. And since my neurologist at that point did not agree to provide any statement about limitations by my epilepsy besides the standard ones (no climbing up ladders for work and other similar risky locations in case a seizure happened) because he has Asperger's (and doesn't even know it because at 70+ years-old it was not even known that Asperger's existed as part of the Autism Spectrum to most doctors at that time--and it certainly was not obvious --in comparison to low spectrum Autism--when someone had it--Hans Asperger discovered it in 1944, and an average doctor would not know about it at that time), he honestly believes that if he gives a patient his 3 choice anticonvulsants at the proper dosage, then if the patient does not achieve a long-term seizure free state--it is ENTIRELY the fault of the patient. Thus, he would not recognize (even though he was shocked that I had survived the 6 months of untreated severe sleep apnea -- yet he never ordered a brain MRI in spite of that surprise) that he needed to provide anything except for the standard limitations of epilepsy. And thus without and then later with a very good lawyer, I was rejected both times. And I absolutely told the truth when I addressed the judge when it was taken to the judge after the committee officially rejected it twice on my second application of it.

posted 3 months ago
A MyEpilepsyTeam Member said:

As the psychologist that I was sent to this time around (was sent to one the previous time too, but I wish that I had been sent to this one the first time because he gave me very important advice) told me: I should make sure that I have a copy of every bit of information and ever EEG and any other test that has ever been done on me, so that it is available for me when the Massachusetts Rehabilitation Commission (who is responsible for gathering al of the information for my file which is turned over to the board from social security to look over in order to decide whether I qualify for SSDI). Having this information will not benefit me (or you) during this phase because we have no idea what is in that file. However, it is extremely important for you to have this to share with your lawyer when you go to court because your lawyer gets to look at the file that the social security board was given. And if your lawyer can note (based on everything that you have collected) that there have been any notes, EEGs, etc. that were omitted from the file that social security received, then your lawyer can report this to the judge. And this can be a major influence in getting the judge to rule in favor with you.

As the psychologist told me, there is no proof available to indicate how often the person from MRC (or the RC from your state, thus SDRC) does not include items in the folder for the social security board on purpose to ensure a rejection of your request for SSDI because that Rehabilitation Commission department gets some sort of a bonus for every case that is rejected by the social security board, but he is pretty certain with his decades of being a psychologist used to test those applying for SSDI (if you don't go to a psychiatrist or psychologist, meaning an MD for your therapy) In my case, I go to a therapist with a master's degree in therapy.

posted 9 months ago
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