TIPS

MY PERSONAL EXPERIENCES REGARDING THE WORKER'S COMPENSATION

AND THE SOCIAL SECURITY DISABILITY JUDICIAL SYSTEMS

Since I first started battling this disability, I have learned so many things, regarding this disease as well as going through the Judical Systems.. The experiences I have gone through during my "battle" with the Worker's Compnsation Court System have given me enough confidence in myself to represent myself at the hearing for Social Security Disability.

The most important thing I have learned is to always . . . DOCUMENT, DOCUMENT, DOCUMENT . . .

One of the first times that I had to testify in WC court, the Judge had asked my attorney for a more readable copy of a set of dictation notes from one of the doctors I had seen. I knew that I had a copy of the notes BUT they were at home with the rest of my files. The attorney of course was allowed a day or so to obtain a clear copy and get it back to te Judge. This, of course, caused a delay in the Judge's ruling. After that experience, I always made sure all my files were up to date and neatly organized in a looseleaf notebook and WITH ME each time I was required to appear in court. There were probably 2 or 3 occasions that I was "proudly" able to go through my notebook and pull out the document that was being requested.

I had learned how important documentation was during my years of employment. I always kept a steno pad handy to make notes regarding each customer I dealt with, and each phone call I took. I would record who I talked to, what the subject of the conversation was about, the date, the time, and the result of the meeting or conversation. There were nuerous times that I was able to "save my neck" by being able to refer back to those notes and quote what had been said and what had been arranged. This helped to refresh not only my memory but the customer's as well. The way I look at it, if it is not documented in some way, then how do you prove it was done.

Some of the things that I have in my notebook is the majority of all of my medical notes from all of the different doctors that I have seen. They will usually provide you with a copy of their dictation notes if you just ask. I've had to pay a fee for them on a couple of occasions, but it was money well spent. I also have copies of correspondence between myself and my attorney, copies of all court orders, copies of my applications and the denials for Social Security Disability. Now that I am getting ready for the Social Security hearing, I phoned the SSA office and got a list of all exhibits they have in their files regarding my case. I've gone through my notes and arranged those I already have in order according to how the SSA has marked them by exhibit number. Those documents that I did not have copies of, I have reqested they be mailed to me and most of them have been. That way, when I do go into the courtroom I will be looking at the same documents the Judge will have.

The second most important thing that I have learned is that I should not have put off filing for Social Security Disability for as long as I did. I have been unable to work since September of 1997, yet I waited until May of 2000 to file for SSD, in hopes that I would be able to return to work again. Information from the SSA publication No. 05-10029, Social Security Disability Benefits clearly states the following"

"You should apply at any Social Security office as soon as you become disabled. You may file by phone, mail or by visiting the nearest SSA office. Note that, while you may receive back benefits from the date you became disabled, they are limited to one year before the date you FILED for benefits"

In other words, if I had filed back in September 1997, my back pay could have been paid from September 1997 through the date that I am approved for benefits. Because I waited until the year 2000 to file, the SSA will only go back to 1999 to figure my back pay. Therefore, I lost approximately a years worth of back pay.

SO IF YOU HAVEN'T FILED YET, DO SO NOW!!!!

Some of the things that you need to make sure you have with you when you file for your disability are the following.

*the Social Security number and proof of age for each person applying for payments including your spouse and children if they are applying for benefits;

*names, addresses and phone numbers of doctors, hospitals, clinics and institutions that treated you and the dates of treatment.

*names of all medications you are taking;

*medical records from you doctors, therapists, hospitals, clinics and caseworkers;

*laboratory test results;

*a summary of where you worked and the kind of work you did;

*a copy of your W-2 Form or, if you are self-employed, your federal tax return for the past year; and

*dates of prior marriages if your spouse is applying.

Having all of this information will help speed up your claim, but don't delay filing just because you do not have all the information that you need.

Regardless of whether you are filing for SS benefits, you should periodically request a copy of your Social Security Statement. This statement will list your earnings beginning with the first job you have had. It will give you an estimated projection of what your Retirement benefits are, your Disability benefits and what your spouse or children are eligible to receive. This statment will show what you have paid and what your employers have paid. There are many other SSA publications that have important information regarding your Social Secuirty. You can visit the SSA web site at

www.ssa.gov or phone 800 772-1213, or write or visit your nearest SSA office.

Once you have filed for your benefits, be prepared to be denied benefits. If your claim is denied or if you disagree with their decision, you may appeal the decision. You have 60 days from the time that you receive your denial letter to file an appeal of reconsideration. If you appeal thier decision, you must put the request in writing. A reconsideration is a complete review of your claim by someone who had no part in the first decision. They will look at all of the evidence submitted when the original decision was made, plus any new evidence you have. If you are denied the reconsideration, you may then ask for a hearing. The hearing will be conducted by an administrative law judge who had no part in the original decision or the reconsideration of your case. The hearing is usually held within 75 miles of your home. The administrative law Judge will notify you of the time and place of the hearing. You and your representative, if you have one, will go to the hearing and explain your case in person. You may look at information in your files and give them new information that you may want to add. If you disagree with the hearing decision, you may ask for a review by Social Security's Appeals Council. If you disagree with the Appeals Council's decision or if the Appeals Council decides not to review your case, you may file a lawsuit in a federal or district court.

At this time I am waiting on a hearing date. I have been told that it could take as long as one or two years for a hearing date to be set depending on how many are in front of you. I will update this page as I gather new information.

Tuesday, October 16, 2001

On Thursday, October 11, 2001 I went to the Social Security Disability hearing. It was very informal. The Judge, court reporter, an Occupational Therapist and myself were the only people present in the room. The Therapist was there to listen to my testimony and then testify as to whether or not after reviewing my files and hearing me testify there were any jobs that I would be able to do. Needless to say, I didn't agree with what she had to say. She said that I could work as a checker in a grocery store, or in a factory that makes televisions putting the wiring in, and a couple of other things that I don't remember. I ended up not telling everything that I had intended to say but I believe I stated the most important facts. The only thing that I didn't respond to like I should have was when I was talking about my grip strength being diminised. After I stated that fact, the Judge commented that the last time I had my grip strength tested (for the carpal tunnel) I could grip 45 pounds with my right hand and 40 with my left. The test was done almost 2 years ago. If you have never had it done they give you a metal apparatus with a meter on it and you squeeze it with each hand as hard as you can and then release. Squeezing and releasing is not the same as being able to grip something of any weight and hold on to it. Of course I didn't think about that until after I had already left and was on my way home. So if any of you that are reading this have carpal tunnel try to remember this point if you ever have to testify. I had stated that about 3 pounds is all that I can grip and that is using 2 hands. I was referring to the largest box of Cascade they sell. I'm able to pick it up but cannot hold on to it with one hand to be able to pour the detergent into the dishwasher. I don't have any idea how long after the hearing I will hear what the Judge's decision will be, but I plan to call my local SSA office and find out and will post it has soon as I do.

On September the 28th they had the appeal hearing regarding my Worker's Compensation case. To update that case, the Judge made the official rulling to grant me a lifetime compensation in June of this year (2001). The insurance company appealed that decision and it took approximately 3 months before the appeal hearing was finally held. At that hearing the two attorneys go before a panel of 3 Judges and have 10 minutes to state their case. Saturday I received a letter from my attorny stating that I won that appeal. He also said the insurance company has the option of one more appeal which will be to the Supreme Court. They have until the 29th of October to file that appeal. The 3 Judges also ordered the insurance company to pay me interest at a rate of 9.95% until the funds are disbursed to me. I am hoping the insurance company will not file another appeal. The last time I had spoken to my attorney on the phone he told me that if I won the first appeal the appeal to the Supreme Court would more than likely be in my favor as well.

January 8, 2002

In November I received the decision from Oklahoma Social Security Disability Judge Kirkpatrick from McAlester, OK. He basically called me a liar and said that my therapist was not credible. In other words I was denied benifits. I know have until the 19th of this month to file an appeal to his decision. The appeal will be sent to a council in the state of Virginia. These Judges have no medical training and it amazes me they are the only ones who can either deny or give you disability benefits. I also found out that since I have not worked since 1997, which means I have not paid in any Social Security taxes I only have until December of this year to qualify for Disabiltiy benefits. I am going forward with the appeal. They of course can sit on it until December and then deny it. I am also going to hire an attorney and completely start over applying for beneifts. I was told that as long as my case is on going that I will qualify for benefits. So my advise to anyone who has been unable to work due to medical reasons of any kind FILE NOW. Or at least find out when the deadline date for you to qualify is. Call your local Social Security office and they will be able to give you all the information that you need.

Monday March 11, 2002

I have filed an appeal of Judge's decision in my Social Security Disability case. I have also chosen to go ahead and start the process all over again. I have filed the first paperwork and have received paperwork where I have to describe my pain and how it affects me. They definitely did not allow enough room for me to describe in "detail" which is what they have asked me to do. I will have to add additional pages in order to complete the form. If you have to do the same always remember to put your name address and most important, your SOCIAL SECURITY NUMBER at the top of each page. I have no idea how long the appeal process will take, but because my time runs out this December to be elegible for disability I started the process over in addition to the appeal. As long as paperwork is being processed even after December I can continue the process. When and if it gets to the hearing stage, I will then hire an attorney to go with me to the hearing. My time runs out in December because it has been over 4 years since I have worked and paid in any social security.

May 4, 2002

I have received some good news from Social Security Disability. I had appealed my hearing decision and the appeal council has sent it back for me to go before the Administrative Judge again. This time I hired an Attorney and feel much more confident about it. I had also started my case again as if it were the first time I have filed. This was suggested to me from my State Representative. The main reason for starting the case over is because in December of this year I will have reached the time when my option to file for SSD will expire, but as long as I have an ongoing case they will continue the case. So all of you be sure and check with your local Social Security Disability office for this much needed information. I will keep you updated.

April 30, 2003

I have been Blessed and been approved for SSD. This is good news but along with it and after the deposit had been made to my account, the SSA office notifies me NOT TO SPEND ANY MONEY because they over paid me. It wasn't bad enough they made me fight tooth and nail, now they give me money and then say they want it back. That was over a month ago they made the deposit so I sit with money that I desperatly need but can't spend it because they say it isn't mine. This is the SECOND TIME they have made deposits to my account and then followed up with a letter saying oops, we made a mistake send it back "or else". I feel like someone who has been captured & tortured. What is left for them to do to me?

I have been unable to journal on my journal page because of some problem with homestead so may try and continue it here.

The new product I have found is still working for me. I of course still have a great deal of pain in my hands and arms due tot he permanant nerve damage, as well as occasional pain all over my body. Just having more energy has helped me so much. I will be glad to share the information on this product with you, if you will e-mail me.

Good luck to all who are in the process of fighting the "SYSTEM" and this horrible disease!!!!

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