YES!!YES!!YES!! Finally Fully favorable!!

[suede]

I can't believe it finally happened I had my ALJ hearing today and as I'm sure you all understand I have just been a wreck over it, I first applied in June of 2003, I was injured in June of 1999 but continued to work until I just couldn't even crawl in any more.
Of course I got my 2 denials and have since been waiting for my hearing.
Well I got a fully favorable decision today and I didn't even have to testify, thank goodness I was so nervous about it, it's so very hard for me to talk about my disabilities.
I did however sign to change my date of disability on set from 6/03 to 10/03 when I turned 50, no biggie, it's just such a relief to finally get what I deserve.
I won't get much of a monthly benefit as I was a waitress all my life but it sure will help to keep the wolves away from the front door and pay for my meds.
Interesting as it is I even learned things from their expert dr. about my case that I had never been told by my own drs, pretty sad huh??
However I'm thankful to have found out and even more so that finally I have won my claim I got screwed so bad by BWC I just knew I would by SSD also..
The judge said She would have my papers signed and to me with in 30 days, I won't hold my breathe but my lawyer said this judge is really good about keeping her word.
I just wanted to share my good news, I feel as if a thousand pound weight has been lifted off me, I had thought it would upset me to hear those words "total disability" but it didn't I knew I was disabled, I almost cried just from the relief of it finally being accepted by others.
Linda

[krashleen]

Congratulations..I am so glad to hear it...I rejoice in your success, even though it took you forever. You certainly deserve it. After this amount of time, you woulda if you couldve, right?

God Bless you and yours!

[Dolfinz]

Hey... Great Job !! I am so happy for you !! I know the agony you went thru... Congrats on the win !!!

Hugs,
Dolfinz

[krashleen]

Okay, spill the secrets that the doctor shared with you!

[smhiles]

I am so glad its over for you, you had such a long wait, congratulations!

[suede]

Thanks so much for the replies, it feels so good to at last post a reply that isn't all negative and down in the dumps.
All though this morning when I got up to ck my DH/s direct deposit I found that I was so preoccupied with this hearing I didn't deduct a house payment from our account and bounced several withdrawals which they charged us $170 for and anyway I talked them in to crediting back $102 of it, talk about a downer..DH was so great about it and he works so darn hard for our money, it made me feel so bad.
Anyway!! I was told I shouldn't lift more then a gal. of milk which is to said to weight 7lbs. their dr said he would not advice me to lift more then 5 lbs at anytime and that because of the disc and bad shape of my neck he would not advice me to lift my arms above my shoulders, now I had been told that my neck just wasn't that bad to be overly concerned about, he said all of this when the judge was asking about any other lines of work I might be able to be retrained for.
I'll be real interested in seeing all the reports that my drs did send in as I have never been able to get any of them to be real informative with me..
I understand more now why my lawyer kept saying that we would win...
Again thanks so much for the replies it's nice to have someone to share the good news with as it seems I have lost all of those that I thought was my friends during this very difficult time.
I'm pulling for all of you that are still in the process.
Linda

[A.K.]

I am totally thrilled for you. The waiting is so hard and the feeling of injustice just consumes you at times. I pray that the monthly check will really make a difference in your life and I also hope that the backpay will help you in some major way to make your life better.

Again, Congratulations!!!! A.K. :D

[krashleen]

same limitations as I have, and they may be lifelong. I did see the residual functioning test and it was dismal at best...couldn't even be a reliable Wal-Mart greeter (not that there's anything wrong with that!)

again, congrats!

[suede]

Krashleen, I can't work any job where I would be required to sit or stand anymore then one hr. so that along with the other limitations really knocks about any job out, he also was talking about restrictions on climate and what not which I really couldn't hear all of what he said, I just know the vocational expert said that I couldn't return to my previous work and nothing I could be trained for.
It really isn't anything a person would expect to be happy about ya know, it's sad when it's all said and done, as I have said before though I have know for yrs that I couldn't hold a job or you be assured I would have been, I don't like being idle and we sure couldn't afford me being, I really don't get much a month but as I said it will really make a dif. considering I haven't brought anything home in 4 yrs.
We did have the pitiful settlement I got from WC which was laughable considering I'm disabled and the paid me for a stain/ sprain, I also may lose part of my back pay because of that settlement too, oh well..
I'm just so glad the fight is over for now, cause I'm sure worn out after 8 yrs of it..
Linda

[krashleen]

Yeah mine was the same..from a SS standpoint it was good..with all the limitations it made me cry. From a lifestand point, well you know.

Glad you made it..on the other hand my atty's office called and wanted my bank acct information and said they would be sending me the paperwork for that..I don't know if that bodes well.

Good for you..I am glad to hear that you did, hung in there. You should be commended on your fortitude!

[Wink]

Krashleen, I can't work any job where I would be required to sit or stand anymore then one hr. so that along with the other limitations really knocks about any job out, he also was talking about restrictions on climate and what not which I really couldn't hear all of what he said, I just know the vocational expert said that I couldn't return to my previous work and nothing I could be trained for.
It really isn't anything a person would expect to be happy about ya know, it's sad when it's all said and done, as I have said before though I have know for yrs that I couldn't hold a job or you be assured I would have been, I don't like being idle and we sure couldn't afford me being, I really don't get much a month but as I said it will really make a dif. considering I haven't brought anything home in 4 yrs.
We did have the pitiful settlement I got from WC which was laughable considering I'm disabled and the paid me for a stain/ sprain, I also may lose part of my back pay because of that settlement too, oh well..
I'm just so glad the fight is over for now, cause I'm sure worn out after 8 yrs of it..
Linda

Linda~
Why will you lose part of your SSDI backpay because of your Workers Comp settlement? Can you offer some more detail? Thanks!

[suede]

Wink, I can't really explain why to you.
I know when I first applied I had the interview over the phone with SS person and they told me then they needed a copy of my WC settlement as it may effect my benefits, she may have explained it to me then it was so long ago and I don't really remember.
Then Thursday my lawyer told me once again that it may effect how much my back pay will be.
I wish I could give you a answer, but I will be talking to my lawyer about it as I don't intend to lose any more of my benefits then I already have given up by letting them change my disability date to my 50th birthday.
Linda

[cindybear]

i was told by my attorney to do the WC first...Then when that is settled..start the SSDI..Then they can't touch it..But...If you get both at same time...You will have troubles..Something like you can only collect one of these benefits at a time...or something like that...a percentage or something..and when they was checking my backpay..they was checking to see if I collected any monies during the time of SSDI..cause they were gonna write it off my back pay...They tried everything....Higs, Cindy

[suede]

Huh, I wonder, I got my settlement in Dec. 2003 and they put the onset of my claim for Oct. 2003 and from what I understand you have to wait for 5 months from your onset date.
So where does that leave me, do ya know??
I'm so sad to say I just don't have the mind to figure these things out anymore, it's really sad the mind went with the body.
Linda

[cferro514]

Hi Linda,
Great news!!!!
This is a site to check what other benefits you can receive since you are approved.
http://www.benefitscheckup.org/

[suede]

Thanks cferro514, I'll be sure to ck. the site out.
Linda