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just got my SSI hearing date

Mon, 06/22/2009 - 22:31

i just got my hearing date and i am super nervous.  anybody have any advice?  what should i bring with me?  help!  i just want to be able to have health care and get my meds.

kat

Comments

Re: just got my SSI hearing date

Submitted by rikk on Tue, 2009-06-23 - 04:51
hi,  make sure you have a complete record of your seizures.  that is a personal journal, daily based.  if people are not going to be speaking on your behalf, take notarized statements as to their knowledge of your seizures.  Medical records, and MD statements.  The more written documention you have the better.  Includ the activities that you are doing in an attempt to live a healthy life style. diet, exercise, avoiding things that would possibility cause problems.  ie.  drinking, smoking, not being compliant with doctors treatment plan.  hope it helps.  rikk  good luck

Re: just got my SSI hearing date

Submitted by Seruzies on Tue, 2009-06-23 - 19:12
I just had mine a few weeks ago and took everthing I could get my hands on with me, records, letters from Dr's, hospital records, medical bills I'll never be able to pay and I did get a lawyer. Now, I'm in hurry up and wait mode for my decision. I don't know how long it's going to take for the decision, but, of course, my lawyer told me I have a strong case because of the frequency and severity of my seizures. I haven't been able to hold a job for years and if not for living with my Father, I have no idea where I'd be now. If I don't get approved, I don't have time to sit around not making money to pay for a lawyer who is not going to help win my case for disability. If it turns into a second time around for me, a second court date is going to be worked in around my schedule because I'll be at work. If I'm not going to win my disability case, I can't afford to sit around waiting for the judge to tell me I'm not approved again and then have a lawyer holding his hand out expecting to get paid. At this point in time, I'd rather be working and learning to live with my seizures rather than go through a long court battle and not be able to pay for a lawyer I can't afford to pay unless I win my case.  

Re: just got my SSI hearing date

Submitted by 3Hours2Live on Wed, 2009-06-24 - 02:52
I tried to use appendix 1 of subpart P of part 404, located just after 20 CFR §404.1599, to determine when epilepsy met the guidelines of severity of the listed epilepsy impairment(s) #111.00 Neurological Part A. Convulsive Epilepsy Subpart 111.02, and A. Convulsive epilepsy: Example 1: You were granted benefits when it was determined that your epilepsy met Listing 11.02. This listing calls for a finding of major motor seizures more frequently than once a month as documented by EEG evidence and by a detailed description of a typical seizure pattern. A history of either diurnal episodes or nocturnal episodes with residuals interfering with daily activities is also required. On review, it is found that a history of the frequency of your seizures showed that they occurred only once or twice a year. The prior decision would be found to be in error, and whether you were still considered to be disabled would be based on whether you could currently engage in substantial gainful activity. ((20 CFR 404.1594 (4)(i)Example 1) page 440 document, page 394 Adobe Reader at: http://www.gpoaccess.gov/cfr/index.html and "Submit" 20 CFR 404 "in Quick Search," "and choose item #2" PDF and Epilepsy: page 498 document, page 452 Adobe Reader; and, page 500 document, 454 Adobe Reader). MOST EASY TO JUST SEARCH DOWNLOADED ADOBE DOCUMENT FOR THE WORD "epilepsy" The side-effects are usually just as impairing as the epilepsy, so the total limiting effects were also very important for many, along with who was responsible for assessing the problems: 20 CFR §416.945(e) TOTAL LIMITING EFFECTS: When you have a severe impairments(s), but your symptoms, signs, and laboratory findings do not meet or equal those of a listed impairment in appendix 1 of subpart P of part 404 of this chapter, we will consider the limiting effects of all your impairment(s), even those that are not severe, in determining your residual functional capacity. Pain or other symptoms may cause a limitation.... and 20 CFR §416.946 Responsibility for assessing your residual functional capacity.... at: http://www.gpoaccess.gov/cfr/index.html and "Submit" 20 CFR 416 "in Quick Search," "and choose item #2" PDF page 990 document, page 133 Adobe Reader. The headaches, migraines, post-ictal, etc. from epilepsy frequently exceed the definition of disability on their own, without even considering the epilepsy. I hope this helps (the internet downloads worked on June 23, 2009 so far) Researching Federal Court cases involving disability determinations is also a great source of information. Good Luck!

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