Yogirex

I need some advice, guidance, or just plain opinion, here is the problem After being denied the first time I hired a lawyer, of course he promised this that and the other, how hard he was going to work for me to get approved on the first appeal. He was going to drown them in paper work. I just found out this did not happen, all he submitted to the Social Security office was the paper work showing he was now my representative, a copy of the fee agreement, and the Appeal Form. He did not submit any of the documentation I have given him to submit: the additional medical reports, a letter from a employer stating his experience with me and my physical inability to do the job, a letter from my wife stating my physical inabilities at home; a four page memo showing all the errors on the residual physical functionality form, the psychiatric functionality form. The lawyer also promised that he would send my doctor a form on my physical functionality report, this did not happen. He also didn’t want a report from the psychiatrist I was seeing. I know I can fire him, but I would like to give him a little more rope to hang himself before I go to the state bar association. Clearly, he is just trying to up the money he will get once I am approved by stretching out the process, that is instead of getting a percentage of 8 months of back allowance, to one that might stretch out to the max (16 months) of back allowance. Any advice, guidance or opinions will be truly appreciated, I get a little foggy with all the medications I take.

I suffer from the following and applied: Parkinson’s Disease, Focal Epelipsy, Chronic Pancreatitis, Diabetes (Type 1), Diabetic Neuropathies, Gastroparesis, Emphysema, Hypertension, Hypothyroid,Carpal Tunnel Syndrome (right wrist), Pinched Nerve in neck, Nosocomephobia, Severe Depression, Sleep Apnea (use CPAP Machine), Two Heart Attacks (permanent heart damage) Medications Insulin 3 times daily and as needed Vicodin HP 4 times daily and as needed Vytorin 10/20 1 times daily Gabapentin 3 times daily Carbidopa/levo 25/100 3 times daily Levothroxine 200MCG 1 time daily Aspirin 81MG 4 times daily Effexor XR 75mg 1 Time daily I have gone out and hired an attorney after I got my first denial. I also went and got a copy of my SS file and found alot of "mistakes??" (being generous), ok I term them lies and outright fraud. I was wondering has anyone else found "mistakes" in their file? What did you do about it, what was the final outcome. When I brought these to their attention, they stated, they couldn't help me, get a lawyer, file an appeal, and write your congressman, GEEZ!!!! Here are some of the mistakes I found: Disagreements with the following Social Security comments and documents: Form SSA-2506-BK Psychiatric Review Technique First and foremost I was not given a Psychiatric Exam. I was however given a mental capabilities test that consisted of a memory test, block orientation test, a oral math test, and a written diagram test. I was never ask about my perceptions, feelings, or about reasons I feel depressed. Item I. Medical Summary, Para B, Medical Disposition(s), I don’t understand why they don’t at least mark, subpart 2. Diagnosed by Neurologist with Focal Epilepsy and in medical records that Social Security has on file. Item I. Medical Summary, Para C, Category(ies) Upon Which the Medical Disposition is Based, I don’t understand why subpart 8 is checked, no evidence anywhere exists, nor do I have a Substance Addiction Disorders Item II. Documentation of Factors That Evidence the Disorder, Para A, 12.02 Organic Mental Disorders; item entitled Psychological or behavioral abnormalities associated with a dysfunction of the brain as evidenced by at least one of the following: is checked. However; I have been diagnosed with an abnormal white mass located in my brain, and also having Focal Epilepsy, none of the subpart are check. However, I have and do experience the following: Subpart 1. I do have sporadic periods of disorientation of time and place, e.g. I sometimes get an overwhelming feeling I am driving on the wrong side of the road (noted to Primary doctor and Neurologist); Subpart 2. I do have sporadic periods where I can’t remember what I am doing or have done. (noted to Primary doctor and Neurologist); Subpart 5 and 6. I do have sporadic periods where I start crying for no specific reason. (noted to Primary doctor and Neurologist) Item II. Documentation of Factors That Evidence the Disorder, Para C, 12.04 Affective Disorders. Item entitled Disturbance of mood, accompanied by a full or partial manic or depressive syndrome, as evidence by at least one of the following is not check, however I believe this item was overlooked in the completion of this form, based on the fact, noted to my primary doctor and neurologist, and also noted initial telephone interview with Mr. M, and in my personal correspondence to the Social Security office, I do fulfill four of the subpart listed under subpart 1, entitled Depressive Syndrome characterized by at least four of the following, that would be subpart e, f, g, and h. Item II. Documentation of Factors That Evidence the Disorder, Para E. 12.06 Anxiety-Related Disorders, Item entitled, Anxiety as the predominant disturbance or anxiety experienced in the attempt to master symptoms, as evidence by at least one of the following; I believe this item should be checked based on my Nosocomephobia (diagnosed in 1988, while serving in USAF), my extreme fear of hospitals, that being in relation to subpart 2, again as noted to the Social Security CE, numerous doctors, including my primary doctor, and documented in my initial application, and in both pieces of personal correspondence to the Social Security Office. Item II. Documentation of Factors That Evidence the Disorder, Para H. 12.09 Substance Addiction Disorders; under this paragraph, it states, “The claimant has a H/O ETOH - DAA is not a material consideration to this decision.” I find this to be totally insulting, degrading, and completely fraudulent and a falsification of a government document, which is against federal law. I drink maybe, just maybe 3 or 4 alcoholic beverages a year, and that is mostly a cold beer in the summertime when I BBQ. To even put this in my file is pure fraud, to be generous There is absolutely NO medical evidence to support this conclusion in my file. Although this statement says “it is not a material consideration….” it’s still a consideration, and detrimental to my right for an honest review and consideration. Item IV. Consultant’s Notes. In the second paragraph, the consultant states, “The claimant alleges insomnia, anhedonia, …. This part of the statement is totally erroneous and false. No where in my claim do I assert suffering from insomnia. I truly enjoy sleep, although I do suffer from sleep deprivation this is not due to insomnia, but due to Sleep Apnea, wearing a CPAP machine, and suffering pain 24/7. Also, no where in my claim do I assert suffering from anhedonia, although I do go into deep depressive moods and question the reason to get out of bed, and sometimes think of ways to end my pain, and misery of living like I live and make elaborate plans to end it, I do enjoy things that put a smile on my face, e.g., my grandkids playing in the yard, a hug from my daughter when I laugh at one of her jokes, or even a good cooked steak and potatoes meal. Finally, why in the world would the MC put down crediability is questionable???? Nothing, absolutely nothing from the CE nor the ME states anything that would justify such a comment. I want an apology!!!! My only (generous) conclusion is that they mixed mine and someone else’s files to come to the fraudulent conclusion they came to. SOCIAL SECURITY CONSULTANT EXAMINATION BY MDSI PHYSICIAN SERVICES, J D, M.D., APRIL 26, 2008 Please note I complained to the Social Security Office in regards to this individual in letter. Item: History of Present Illness: Paragraph 1. Chronic Pancreatitis. I would just like to bring this particular note to highlight. This clearly states I was diagnosed with “IDIOPATHIC” Pancreatitis. Which means there was NO KNOWN cause for this. Item: Impact on Activities of Daily Living: I specifically stated to the consultant that I can NOT sit for over an hour without experiencing pain in my legs and lower stomach. That I have to stand up and walk around for awhile or lay down. Item: Current Medications: Consultant did not include all the medications I showed him on the day of the examination; he failed to include Amlodip/benazepril and Effexor Item: Past Medical History: Consultant got it wrong, I have Type I Diabetes, which is controlled by diet and insulin not Type II Item: Review of Systems: Consultant got it wrong, I have never been a truck driver. EVER!!! Item: Coordination/Station/Gait: Consultant must be confused, I expressly told him that I could not squat, that I had recently received epidural injections and was weak in my legs, and did not squat. I am confused by the statement I my gait was normal, as I was using my cane to walk into the office and there was no room in the examination room to walk around in. I was able to walk toe to heel without my cane, as long as I held onto his desk and examination table. (This is noted in my complaint to the Social Security Office) Item: Assistance Device: Consultant again has misstated, I use a cane as directed by my doctor, had a cane with me when I walked into his office and when I left his office. Item: Range of Motion: I was not asked to perform any tasks, beyond the toe to heel test, and touch his finger with my right hand. He did ask for me to squat, however, as mention above I could not perform that task. Item: General Findings: Disagree, my hands always tremble, even resting. Item: Sensory Exam: This examination was never done. Item: Reflexes: Never tested my reflexes. Item: Diagnoses: Item 3, History of Neck and Low Back Pain: This examination was never done. Item: Functional Assessment/Medical Source Statement: I believe his assessment is factual incorrect. As noted in this, and my letter to the Social Security Office, most of the examination was his inquiry into my daughter’s death. PHYSICAL RESIDUAL FUNCTIONAL CAPACITY ASSESSMENT SSA-4734-BK Besides what has been mentioned and noted in the CE, I would like it to be noted that the Medical Consultant on this form, either deliberately added H/O ETOH (Alcohol Abuse), or just failed completely in reading the Neurologist report where it states “negative for ETOH”. The statement; “DAA cannot be separated from the physical problems, therefore, DAA is not a material contributing factor in this decision.” Iis just plain unjustifiable! In Section II, Symptoms, the MC notes …..”The claimant had an abnormal EEG, but he takes no medication for seizures”, this statement again is false, as shown in my medical records, I take 6 Gabapentin 100MG capsules for pain and to preclude the onset of spastic muscle seizures in my upper body.