MarineDog

Hello to all my Hadit family. I wanted to share my good news with you whom are still fighting the battle for SSDI. 41 months after filing my SSDI application, on Friday the 13th, I was approved at the alj hearing and it only took 15 minutes and I was done! Now let me back-up,,,, When I initially filled I completed all the paperwork myself, filed myself and was turned down only 2 weeks after their Doctor’s appointment. Then I hired Binder and Binder out of New York and they did everything for me. My attorney found several inaccurate statements on their Doctor’s report including one that stated I was an alcoholic; I have not had a drink in 5 years. When it was time to go into the room (I had a videoconference with the Judge) I was nervous in a way that I have never been, almost sick. The Judge asks my attorney a few questions and then he asks me about 10 questions. What is your name, DOB, age, years of education, have I earned any money since my file date, dates of last employment, and duties at this job. I did have a visit to the nut house in 04 and I told them that I just got arrested for marijuana. The Judge said “I see here you were arrested in Mexico for drugs’. I told him it was in Del Rio (a Texas/Mexico border town). He then said I see you did test positive for marijuana while you were in the nut house. Again I corrected him and said I was never tested, instead I told them. He asked a few more questions and right in the middle of everything he ups and approves my case. My attorney never had to argue with him. Advice for you who will face alj hearing from my attorney; the Judge is really looking to see of your creditable and honest. She told me that most Judges are looking for any inconsistency to turn you down. These may be in your paperwork or statements, they may try to trip you up. Advice from me, hire an attorney! I think it is the best money you will ever spend,

Sonicdragon2001, Everyone has given you good advice. Now my two cents: I think you should NEVER go to a Social Security office, EVER! My Attorney advised me that if go in person the representative will rate you on a five point system. I went into our local Social Security office and filled out my paperwork with a lady, took about 2 hours; got my denial letter about a month later. Then I hired an Attorney and they have been taking care of everything. I go to my adj hearing in November and hopefully I will receive my award. All Attorneys charge the same amount to represent you and that rate is set by Social Security. I think the limit that an Attorney can charge is $5,500.00, or if your award is less than $5,500.00 a 25% fee is charged. If I am correct, I am not far off. I think that hiring an Attorney was the best step for me, the less stress I have the better. They really do take care of everything on your behalf. $5,500.00 is a lot of money; however, in the long run a good Attorney is priceless. Also, or out of work or can you not work due to the nature of your disabilities? The way the Social Security v iews Employable is very strict. It is not uncommoon to hear of someone receiving a denial due to their ability to sit in a chair and collect tickets. They make it very difficult to be awarded. Medical Evidence, Medical Evidence, Medical Evidence!! This is the most important part of a decision. If you have multiple Doctors, both VA and Private, opinions that back each other up, you should be awarded.

Hey jecb4 and USACID, thanks for your input. I didn't tell you all the meds I am alergic to, I am alergic to imatrex and all drugs in that class. I have used Dilaudid and Stadyol with very good reults for over 15 years for my migraines and I am not a junkie. When I have a bad migraine I will lay in bed, place icebags around my head, close the drapes and crank the a/c down to 72. Dilaudid and Stadyol are both in a class of synthetic opioids (sp). They are addditive and long term use is looked at in a negative light. For my smaller migrains I use Percoet and for my larger ones I will use Dilaudid and Stadyol. I also go through the same procedure for home, VAMC (1 1/2 hours away), Urgent Care and ER for the administration of my care. Anyway, thanks again for your input. Todd

Good advice all around. I am 50% for migraines. I have kept a migraine log for 4 years, I've kept copies of all private and VA ER visits and my wife took several pictures of myself lying in bed with ice bags around my head (this is the way I am most of the time), and sent this information into the VA and got a quick response. The key word to build my case around was "Prostrate" which means in a horzontial position. Best of luck!

Hey I need some advice please. The Social Security judge just turned me down based on a letter my attorney had prepared for him. Now I have a hearing set for mid next month and I am not real sure what to prepare for. If you could please help me, Thanks! For my VA claims research I used Hadit heavily. One of the pieces of advice I received numerous times was for the C&P’s. I was told, and believe, that you should show the VA in a C&P exam the way you are on your worst day. We all have good and bad days, but don’t dress up in your Sunday best or shave for a couple of days and tell the truth. I followed that advice I have very favorable results in my case. Is Social Security’s hearing the same way? The judge will be on a TV and my lawyer will be with me. My attorney is Binder and Binder. If you need anymore information just let me know. What have your experiences been like? Please help me I am freaking out.

Your right Alex! I forgot he stated that he had been turned down before due to his hearing. Listing these with dates, etc. will be critical in the approval of his claim. Caveman, FILE HIS IU FORM TODAY along with his evidence. The sooner you get the paperwork into them the more retro you will get.

I am not an expert, but I think that if you can work, then you can work. If you are currently unemployed due to your service-connected conditions, even secondary to service-connected conditions, then it will be easier to be approved for IU. I got a letter from my last boss stating that they moved me from one job to another in order to help me with my disabilities. None of these worked and they had no option but to let me go. I think what you are asking is if you able to work today, tomorrow you are awarded IU and you can’t work? You can either work or not. That doesn’t make since to me, but I said I am no expert.

I am not an expert, but I think that if you can work, then you can work. If you are currently unemployed due to your service-connected conditions, even secondary to service-connected conditions, then it will be easier to be approved for IU. I got a letter from my last boss stating that they moved me from one job to another in order to help me with my disabilities. None of these worked and they had no option but to let me go. I think what you are asking is if you able to work today, tomorrow you are awarded IU and you can’t work? You can either work or not. That doesn’t make since to me, but I said I am no expert.

I use myhealthevet.com as well and it is great. It is easy to use, you can track your health and it’s free! I have used myhealthevet.com for about three years now and it gets better all the time with added features. I have been getting all of my meds from the VA for 4 ½ years now. Sometimes I would come up short on some of them so what I did was to have my PCP write a 30 day script for me to pay for myself. This way I would have plenty while my VA meds arrived. I understand that there are some meds that are way too expensive. Mine were pretty cheap. I think the root of the problem is due numberFDA rules. You have a script for a med with refills on a monthly basis, let’s say on the 17th of each month, the VA can only refill a certain number of days prior to the refill date. If a script was due to be refilled on the 17th and the FDA says they can only refill up to 2 days prior, then it could actually be refilled on the 15th. Next, the VA has to actually refill the script, then they have to mail the meds, and this may take a few business days to get to you, meanwhile you are out of meds. I am not sure of the actual number of days prior a script can be refilled, I just used 2 days as an example. Another way to get your meds quickly is go to your local VAMC Emergency Room and have the Doc on duty to write a script for say 15 to 30 units of your meds. They do this for me as well; however, my “local” VAMC is just under 2 hours away and that is too far for me. I have everything addressed from the VA sent to my P.O. Box. This way if I have a large shipment of meds or other items they will place them in one of those lockers. The Post Office will also sign for the meds. One of meds, a narcotic, has to be signed for and the Post Office does that saving me time, money and frustration.

I have hired Binder & Binder to represent my case, so I’m not aware of all of the basic laws/requirements; however, I am aware that by SSDI's own law/requirements for an approval to be granted, a person has to be unable to work or can't work. They use the "ticket-taker" test for cases whereby, they ascertain if you could just sit down and collect tickets, then you are able to seek employment and you would be denied for SSDI. I have heard of other tests they use and they all are just like the ticket-taker test, placing your percentage of approval rather low. This is but one of many "levels" you must go through for your claim to be approved by SSDI. You could be 100%, P&T, TDIU with the VA and still be denied by SSDI because the VA has different "tests" they go through to determine eligibility. I was not working for a year and a half prior to my applying for additional VA benefits (I did have some existing awards). From time of application to award was one and a half years. If you provide the VA with evidence from both VA and private Doctors having the same opinion concerning your condition(s), your chance of approval is higher. My SSDI case is at the adj (sp) level, meaning the judge is currently looking at my case. He will either approve, send me for additional medical exams or deny my claim. From time of application to now is four years. I have so much medical evidence concerning the very regulation for my claim to be approved, I can’t imagine being turned down. Hoped this helped....

Thanks for your input. I think I will go to my urgent care place and see if they will write a scrip.

Has anyone ever used one of those internet pharmacy places? I have had 5 Service-connected Outpatient Emergency Room visits and 2 at a VAMC (1 ½ hours away) since January 1, 2007 and I really should have gone more. I do not want to give a health history, but I will say I have had major migraines (2-4 per week) since 1985; I am allergic to many meds and the two that work: Dilaudid – Which comes in tablets (for take home use) or injection at Doc’s office. This is in the VA Formulary. Stadol – Which comes Nasal Spray (that I use), injection at Doc’s office or tablets (which I have never had. This is not in the VA Formulary. I have only recently found out about the Dilaudid when I was at the ER. I use the Stadol because it manages my pain quickly, it’s cheap and I can use it at home. One bottle lasts only 10 squirts (they are measured). I’ve used the Nasal Spray and injections for years it works quickly. My PCP, who will write anything, won’t give even outside scripts for these two, so I thought I would get them through the internet. Any Tips?

My neurolgist scheduled me to go to a pain clinic at the ajoining medical center from the VA. This was over a year age. I've lasted through one of my doctors nurses now I have another to communicate to. Every time I call to check the status of my appoitment, she just says it hasn't been scheduled yet. I suffer from migraines and I need pain relief. Can anyone suggest anything I can do to get my appoitment set? Please..

I have received 180 Darvocet and 60 Percoet monthly for 4 years, and I've never heard of this form. This is ordered by my PCP, and 2 shrinks. I suffer from CPS, back, migraines, etc. I have never been to a "pain clinic" before; however,I have been on the waiting list for a "pain clinic" for 1 year now and every time I call to check, she just says it hasn't been scheduled yet. Can anyone suggest anything I can do to get my appoitment set? Please..

Brothers and Sisters, I have been through the same thing as all of you have. Instead of complaining (I am NOT putting you down) I asked my Doctor for a month or in some cases 15 days of the meds to be filled out of the VA System and paid for by me. It is cheaper than the hassle of writting letters and bitching. Just my cure!

Hey Brothers And Sisters, I went to my local VA Hospital today to pick up my Hearing Aids. Boy was I scared and excited at the same time. I am 45 years old and have not heard normally for over 20 years. It has gotten to the point that my wife and I constantly arguee about her not speaking loud enough or the TV beign too loud. This is not even to mention that I can't hear other people in Church, etc. The first thing I did this afternoon was go to see her. In all of the 7 years that we have been together, I have never heard all of the tones of her voice; what a beautiful voice she has. While we were standing there, she pointed out that the birds were chirping. I heard something; however, I didn't know what it was. This opens up a whole new world for me. Some kids were there just playing and it annoyed me but the Doctor said it will take some time to get used to. I feel like a child being born again! I received Siemens model Centra, which is a Micro-Completely-In-The-Canal. It is comfortable and has three power settings. You can't even tell that they are there! If anyone is in the shape I was in, PLEASE get yours today. You will not be disappointed. PS: Thanks for the encourgement of my Hadit Brothers and Sisters to move forward myself!

Thanks to all Who answered!!

Hey, Pete thanks! Just one more question. Is your hearing aid digital or analog; in ear canal or in/out canal?

I filed for SSD in Nov 04 at the onset of my disability. I was approved for disibility from the VA in Nov 05 for 80% SC (50% depression, 50% migraine headache, 10% foot injury and 20% for hip arthritis of hip). I was also awarded TDIU and Chap 25 Benefits. I was denided SSD for the first time (as most are) and hired an attorney, Binder and Binder. I am in a stage RTO (ready to schedule) and my hearing is coming up this month or next. I have no idea of what to expect at all. I have read here about something called an adj or alj, what is that? What will happen in the hearing? I have plenty of medical evidence showing that I have tried to commit sucide landing me in a mental hospital for 4 days, my shrink has filled out several of the mental questionnaires, all agree with the VA in that I am unable to preform any job, I am extremely depressed and I am bi-polar. Will I have to speak at this hearing or will my attorney do that? Also, I read here about about retro pay and I am very comfused. I was given a figure by the lady at the SS office when I first applied. Some of you say that SS will only pay 12 months or retro while others say it will be based upon the onset date of my disibility. Any advice here will be greatly appreciated.

Just a quick question whether or not I qualify for hearing aids from the VA? Thanks!!

I am helping a Veteran try to locate his Medical Records. I can't remember where I have to write to in order to receive them. Can someone help me please. Thanks, MarineDog, Todd

I believe the ground breaking statement by Rush.... Still Voting Democrat, Then You're Stuck On Stupid. I respect your right to speak and will fight to my death for your ability to do so even though I don't agree with you.

Hey hadit family, It has been a week since I received my award letter. I owe you all thanks for helping me get along with my paperwork. I truly could not have done it without my Family here at hadit.com! I have calmed down from the relief of getting such a quick award. Now I need your help! Did I really get a good deal? Should I let a sleeping dog lay? I was previously service connected for: • 30% Migraine Headaches • 20% Right Foot Injury Received an award letter for additional service connected disabilities from VARO dated November 7, 2005: • 50% Depression, Secondary to Migraines, (Sleep also claimed, is caused by depression not medication) • 50% Migraine Headaches (Added 20%) • 10% Arthritis, Right Hip • TDIU • Chapter 35 What I additionally, and initially asked for on the disability claim: • Extra-Schedular Rating of 100% for my Migraine Headaches Currently, my Total Combined Rating is 80%, TDIU, P/T. The only thing I am thinking about appealing on is the lack of acknowledgement of my request for an Extra-Schedular Rating. I have for the last 22 years, been experienced extreme migraines. I have 3 to 6 migraines per week. I made a log of 14 months of headaches in early 1994 and presented it to the VA. My current logbook is only 7 months long; however, it shows that my headaches are getting worse. During the last 7 months, I have suffered through 65% of the total hours with a migraine. I have had 17 jobs in the last 22 years due to these headaches. I feel that my headaches do rate an Extra-Schedular Rating of 100%. I have presented the VA with all of this: • IMO’s and VA Doc’s agreed • C&P’s and my IMO’s statements agree • Migraine Headache Logbook with 7 months of data • Lay testimony of 11 people I have known for 35+ years • Letters from prior employers • 22 years of IMO’s and VA medical records Give me your advice on this please!!!! What should I do? What would you do?? Some other questions, please…… Question: If I appeal can the VA come back with a lower award? Question: As I am now (80%, TDIU, P/T), can I get an ID to get on Base? Question: The closest VAMC is 2 hours away. Can I receive treatment closer to where I live? If so, how?

Swan, I am not too knoledgeable on all VA regulations; however, I just had depression and arithis in my hip both added as secondary SC conditions. Depression from migraine headaches and arthritis from a broken foot. Even if you are unsure if your conditions are secondary file for increase NOW. You have a year from the date you notify the VA to produce evidence, so get an efficitive date. The later you wait to file, the less money you will have if an award is issued. Todd

I recently was awarded 80%, IU and P/T with no future exams. I am 44 years old; pretty young. ;)