I was injured on the job 09/11/02, and I had a herniated a disc and slipped a vertebrae. I did have surgery on 02/18/03 to correct it and it failed, then they removed the hardware they put in 8/5/03. Since then I have gone down hill. My family doctor is the only doctor that I can afford to see right now, we lost our insurance in 10/03. She has diagnosed me with severe DDD, chronic,severe and persistent radicular pain and neuropathic pain in my lower back and left leg. It is so bad that I am hurting just sitting here and typing this to you.
I developed diabetes type 2 and hypothyroidism, and severe DDD. I can no longer sit, stand, walk or drive for any length of time. It is about 10 mins with all. I can not get myself dressed anymore, taking a shower is such a chore that I have to lay down afterwards.
My failed back surgeries have caused more pain than before having them done. Sometimes I wonder if I should of had it done, but since it was work comp I really did not have a choice.
There is also a large bone spur on the right side of my spine that I was told was too dangerous to remove.
I actually filed for SSDI back in December 2002, and have been denied twice, now I have a lawyer and we are waiting for a judge to assign a hearing date. I kind of wonder if my lawyer is really working for me or not. I really wish I could go to work but there is nothing I can do. I can't sit longer than about 15 mins at the computer, or walk 25 feet which I use a cane with my right arm and now my right should feels like it is messed up, my hand goes numb, I can't stand for more than 10-15 mins without causing pain. I usually lay down in bed three or four times a day due to the pain.
If there is anything that you can do to help me get my Social Security Disability approved, I would be so grateful.
Answer:
The conditions you mention (diabetes, hypothyroidism, and degenerative disc disease of the lumbar spine) tend to be cited fairly often in ssd and ssdi disability cases.
If you've been denied at the initial and reconsideration steps, then filing a request for a hearing before an ALJ was certainly the correct thing to do. Statistically speaking, more than half of all claims (nationwide) that are heard by administrative law judges are approved.
Regarding your representation, it's impossible for me to speculate regarding the quality of the representation you're receiving. However, I can tell you this: once a disability hearing has been requested, there's typically little for your attorney or non attorney representative to do for quite some time.
This is simply because, in most, if not all, states, the wait for a hearing date is now fairly long. And since most representatives will want to gather your most recent medical records, as well as your older records, the most advantageous time to send out record requests will typically be six to eight weeks prior to the hearing date. Once those records start to arrive, of course, your attorney or non attorney rep can begin to sift through them and submit them to the ALJ in your case.
So, if it doesn't seem as though your lawyer is doing much on your case at the moment..the simple truth may be that there isn't a lot to do. However, as your hearing date approaches, things should move into gear.
Now, having said all that, it is true that some representatives, attorney and non attorney, will attempt to get records a little sooner in the process for the purpose of obtaining an "on the record" decision.
By submitting a request for an on-the-record review, it may be possible to have a claimant's medical records looked at many months before a disability hearing is ever held. Obviously, this is done in the hopes that an OTR review will result in an approval without the necessity for a hearing (if such a review is granted and the case is not subsequently approved, a hearing will still be held).
However, since not every request for an on-the-record is granted, and not every OTR review will result in an approval, whether or not a disability representative will go this route will be a judgement call.
It can also be cumbersome---for represenatives and many doctor's offices alike---to have to make multiple requests for medical records. For example, a representative who requests records for a possible OTR review, is unsuccessful with this, and then has to request records again several months down the road.
Essentially, if you have any doubts regarding the representation you are receiving, my simple advice would be this: contact your representative's office and request a consultation face-to-face. Ask every question you have regarding your case and gauge the rep's answers. If, at that point, you don't feel comfortable with the representation you're receiving, it may be time to look elsewhere.
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