SSI Hearing next month...super nervous

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NeueZiel
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22 Oct 2014, 7:04 pm

Hey everyone, long time no post. I was just wondering if anyone here on SSI had to go through a hearing and what their general experience was like. I have a lawyer and he gave me a very rough mock up/grilling where he acted like the judge and it made me SUPER uncomfortable. If people are curious, I'm trying to get SSI for autism, bipolar disorder, depression (really, I think those two are considered the same now) and severe social anxiety. I think I initially applied about two years ago, maybe not quite THAT long ago but close..its been a long road. I've had a hospitalization for a suicide attempt roughly a year ago. I've gone through the initial two rejections 90% of people go through but I still feel super depressed/scared of this hearing.

I can't really do anything right now, one big thing my lawyer discussed with me was to give reasons for why I couldn't do a lot of jobs and the main factors were my severe social anxiety and my very bad hand to eye coordination. There was some fancy word for it, but I forget. The "practice" session was so personal though and I'm scared that the judge is just going to wipe the floor with me for fun, totally destroy what self esteem I have left and then be like "yeah, rejected." There's nothing much I can really do except for vent my fears, I've been very depressed though, just trying to play a few games to keep my mind occupied and at least the new pokemon game is coming out next month.. :oops:

What were your experiences with SSI and judges like? I feel like I'm going to die before my court date gets here, I have nightmares nearly every night just about going. The worst part is that I have to be alone, as my lawyer has recently told me. Its just going to be him (my lawyer), judge and someone from vocational rehab, I think.



LokiofSassgard
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22 Oct 2014, 7:33 pm

I don't think you have anything to worry about. If you have a lawyer with you, there's a good chance you'll get it if he's fighting for you to. Most likely they'll screen and test you to see if you qualify or not. I'm under my dad, and he told me that's what they did. I can't really explain it very well because I don't remember the tests they offer people.


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AspieUtah
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22 Oct 2014, 8:03 pm

I have attended four Social Security Administration (SSA) benefits administrative-law court hearings. The last one, a year ago, succeeded. The SSA administrative-law judge and your attorney will do most of the talking. You will be expected to describe your average day in the workplace and your average day away from work. You will need to describe what assistance or supports you need to continue working at the jobs you have had recently (adjustable hours, quiet workplace, ability to calm yourself for X minutes every hour, etc.).

You should explain how your employer(s) have failed to provide these supports or expected you to do more work than promised. You should also describe your average day away from work (meeting with family or friends for lunch, coffee or a movie, how long you can be with family or friends before you get overwhelmed or experience sensory overload). Describe also what you do at home (reading, movies, cooking, etc.) to show how well you can care for yourself. The reason for all this information is to show the judge that you can accommodate your life to an extent, but beyond that, you need assistance or supports, and that your employer(s) can't or haven't accommodated you as much as you need. Most judges are very good about asking questions that help you to describe your abilities and needs.

Tell the truth, but don't be afraid to repeat your reasons why you have a more difficult time in the workplace. The judge will probably ask if you could work at home. Be prepared to describe why that might not work for you.

Your lawyer is correct; the hearing will include you, your lawyer, the judge, a court recorder and a vocational expert. the expert is there to estimate how many jobs you can do. Your lawyer should try to get the expert to admit that there are fewer actual jobs that you can do than the expert claims there are. Don't make the expert's job easier by saying things like "if my employer(s) would just help, I could work a full 40-hour week!" Remember, the judge's job is to determine if you can do ANY work. With your diagnoses and characteristics, I would describe how you don't like crowds (anxiety), don't have full motivation to work (depression), worry about perfection (anxiety) and your manual dexterity problems. Use examples.

Don't dress in your very best clothes or try to sound like a lawyer. The judge wants you to look and act exactly like you do every day. If you don't know the answer to any question, don't fake it. Just ask the judge to rephrase the question or say "I am sorry. I don't know." The judge will probably ask if you need or want small breaks to relax, stand, walk around or drink some water. Accepting these breaks shows the judge that you benefit from supports like breaks.

It is okay to bring notes with you. Use them to remind yourself about what you want to say. Judges don't mind that, because they know that you are nervous. The best part is that your lawyer will also be allowed to question you, so if you forgot to say something important, your lawyer will ask you to say it later.

Most importantly: Relax! It isn't as hostile or argumentative as most people imagine. It is really quiet and calm. A couple of my judges have even made jokes.

I would be happy to answer any specific questions you have. Otherwise, good luck!


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NeueZiel
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23 Oct 2014, 6:44 am

AspieUtah wrote:
I have attended four Social Security Administration (SSA) benefits administrative-law court hearings. The last one, a year ago, succeeded. The SSA administrative-law judge and your attorney will do most of the talking. You will be expected to describe your average day in the workplace and your average day away from work. You will need to describe what assistance or supports you need to continue working at the jobs you have had recently (adjustable hours, quiet workplace, ability to calm yourself for X minutes every hour, etc.).

You should explain how your employer(s) have failed to provide these supports or expected you to do more work than promised. You should also describe your average day away from work (meeting with family or friends for lunch, coffee or a movie, how long you can be with family or friends before you get overwhelmed or experience sensory overload). Describe also what you do at home (reading, movies, cooking, etc.) to show how well you can care for yourself. The reason for all this information is to show the judge that you can accommodate your life to an extent, but beyond that, you need assistance or supports, and that your employer(s) can't or haven't accommodated you as much as you need. Most judges are very good about asking questions that help you to describe your abilities and needs.

Tell the truth, but don't be afraid to repeat your reasons why you have a more difficult time in the workplace. The judge will probably ask if you could work at home. Be prepared to describe why that might not work for you.

Your lawyer is correct; the hearing will include you, your lawyer, the judge, a court recorder and a vocational expert. the expert is there to estimate how many jobs you can do. Your lawyer should try to get the expert to admit that there are fewer actual jobs that you can do than the expert claims there are. Don't make the expert's job easier by saying things like "if my employer(s) would just help, I could work a full 40-hour week!" Remember, the judge's job is to determine if you can do ANY work. With your diagnoses and characteristics, I would describe how you don't like crowds (anxiety), don't have full motivation to work (depression), worry about perfection (anxiety) and your manual dexterity problems. Use examples.

Don't dress in your very best clothes or try to sound like a lawyer. The judge wants you to look and act exactly like you do every day. If you don't know the answer to any question, don't fake it. Just ask the judge to rephrase the question or say "I am sorry. I don't know." The judge will probably ask if you need or want small breaks to relax, stand, walk around or drink some water. Accepting these breaks shows the judge that you benefit from supports like breaks.

It is okay to bring notes with you. Use them to remind yourself about what you want to say. Judges don't mind that, because they know that you are nervous. The best part is that your lawyer will also be allowed to question you, so if you forgot to say something important, your lawyer will ask you to say it later.

Most importantly: Relax! It isn't as hostile or argumentative as most people imagine. It is really quiet and calm. A couple of my judges have even made jokes.

I would be happy to answer any specific questions you have. Otherwise, good luck!

Well, I've never held a job before so I won't need to record that at least. Thanks for all your words of advice though, I feel really comforted by the fact that I can bring notes. I didn't know that before! I get flustered and forget things so that will help a whole lot!

How long did you hearing lasts and how long did it take for you to find out if you were rejected or denied? I'm going for SSI and by the sounds of it you went for the regular disability (forget what they call it) but I'm sure the hearings and process are probably similar.



AspieUtah
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23 Oct 2014, 9:36 am

NeueZiel wrote:
...How long did you hearing lasts and how long did it take for you to find out if you were rejected or denied? I'm going for SSI and by the sounds of it you went for the regular disability (forget what they call it) but I'm sure the hearings and process are probably similar.

Actually, since my applications took so long for review, I lost out on SSDI (disability) benefits which have a time limit, so I received SSI benefits instead. My four hearings lasted from 30 to about 90 minutes (that is why it is a good idea to accept or request small breaks in the longer hearings). All four hearing opinions were published within 60 days. I think that they try to get the opinions done before that time, but they aren't required to do so.


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DVCal
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23 Oct 2014, 10:15 am

AspieUtah wrote:
NeueZiel wrote:
...How long did you hearing lasts and how long did it take for you to find out if you were rejected or denied? I'm going for SSI and by the sounds of it you went for the regular disability (forget what they call it) but I'm sure the hearings and process are probably similar.

Actually, since my applications took so long for review, I lost out on SSDI (disability) benefits which have a time limit, so I received SSI benefits instead. My four hearings lasted from 30 to about 90 minutes (that is why it is a good idea to accept or request small breaks in the longer hearings). All four hearing opinions were published within 60 days. I think that they try to get the opinions done before that time, but they aren't required to do so.


The only time limit on SSDI is the ten year rule from when you become too diabled to work. That has nothing to see with how long the review takes.



AspieUtah
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23 Oct 2014, 10:27 am

DVCal wrote:
AspieUtah wrote:
Actually, since my applications took so long for review, I lost out on SSDI (disability) benefits which have a time limit, so I received SSI benefits instead. My four hearings lasted from 30 to about 90 minutes (that is why it is a good idea to accept or request small breaks in the longer hearings). All four hearing opinions were published within 60 days. I think that they try to get the opinions done before that time, but they aren't required to do so.

The only time limit on SSDI is the ten year rule from when you become too diabled to work. That has nothing to see with how long the review takes.

Indeed, my "four" serial applications 2002-2013 exceeded the 10-year limitation.


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23 Oct 2014, 12:47 pm

AspieUtah wrote:
DVCal wrote:
AspieUtah wrote:
Actually, since my applications took so long for review, I lost out on SSDI (disability) benefits which have a time limit, so I received SSI benefits instead. My four hearings lasted from 30 to about 90 minutes (that is why it is a good idea to accept or request small breaks in the longer hearings). All four hearing opinions were published within 60 days. I think that they try to get the opinions done before that time, but they aren't required to do so.

The only time limit on SSDI is the ten year rule from when you become too diabled to work. That has nothing to see with how long the review takes.

Indeed, my "four" serial applications 2002-2013 exceeded the 10-year limitation.


It is dated from when you become disabled and backwards. You must have worked within the 10 years prior to being disabled. That means they decided you were not disabled until long after you stopped working. You can appeal that decision.

To get SSDI you must be disabled before 21 and unable to work, with parents who are collecting SSA or SSDI. Second way is to work at least 2-3 years within the 10 years that you became disabled. This has nothing to do with how long the application takes. What happen to you seems like the judge decide you were NOT disabled from 2002-2012 and simply chose not to work.



AspieUtah
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23 Oct 2014, 1:04 pm

DVCal wrote:
It is dated from when you become disabled and backwards. You must have worked within the 10 years prior to being disabled. That means they decided you were not disabled until long after you stopped working. You can appeal that decision.

To get SSDI you must be disabled before 21 and unable to work, with parents who are collecting SSA or SSDI. Second way is to work at least 2-3 years within the 10 years that you became disabled. This has nothing to do with how long the application takes. What happen to you seems like the judge decide you were NOT disabled from 2002-2012 and simply chose not to work.

Thank you.


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25 Oct 2014, 8:05 pm

Thanks everyone, again. All your words are really helpful. My real worry right now is because of a situation my aunt is in, basically she is very very sick, blind in one eye, brain damage due to a wreck over 10 years ago and she started having seizures 8 months ago. She can't do ANYTHING obviously and the vocational rehab people/judge denied her on the basis she could do several jobs, such as stamping stickers on stuff at super markets and stuff. I actually couldn't do that due to my social anxiety and again I have motor skill related problems but I'm worried when they ask me what I do with my time and I say I spend some time on the computer on the computer they're going to think I could do all this IT stuff I can't do because again, I can't deal with people, let alone with a supervisor and they might say "oh this person could work from home" when that's not really a possibility for me.

I think I'm just going to ask myself these questions and write down in a notebook why I can't do something. I'm just so nervous and it sucks having to wait a month or two for a potential denial after waiting so long. I live with my parents, we have no car and my grandmother moved in with us a year ago so we could have a car but she's very stingy with it, doesn't pay rent and is a hard person to deal with in general. Basically the car exists for emergencies and doctor appointments.



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06 Nov 2014, 10:38 am

An update for everyone:

I went to my hearing this morning, met the lawyer, had a brief meeting with him then went to the judge room with him. My lawyer had a really long brief written and the judge ruled a favorable decision after 5 minutes and I never got asked any questions at all. Just had to sign some stuff and I'm done. All they did was review paperwork in front of me the entire time. I really lucked out.


:)



AspieUtah
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06 Nov 2014, 11:15 am

NeueZiel wrote:
An update for everyone:

I went to my hearing this morning, met the lawyer, had a brief meeting with him then went to the judge room with him. My lawyer had a really long brief written and the judge ruled a favorable decision after 5 minutes and I never got asked any questions at all. Just had to sign some stuff and I'm done. All they did was review paperwork in front of me the entire time. I really lucked out.

:)

That is AMAZING! What the administrative-law judge did for you is essentially a smack down of all the publiic servants who denied you up to this point.

Congratulations! You and your lawyer did very well!


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NeueZiel
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06 Nov 2014, 3:26 pm

AspieUtah wrote:
NeueZiel wrote:
An update for everyone:

I went to my hearing this morning, met the lawyer, had a brief meeting with him then went to the judge room with him. My lawyer had a really long brief written and the judge ruled a favorable decision after 5 minutes and I never got asked any questions at all. Just had to sign some stuff and I'm done. All they did was review paperwork in front of me the entire time. I really lucked out.

:)

That is AMAZING! What the administrative-law judge did for you is essentially a smack down of all the publiic servants who denied you up to this point.

Congratulations! You and your lawyer did very well!


I know, I was in complete shock. I swore the oath but in the end never got asked anything. I'm just happy the worrying nightmare is over, I was expecting this painful session. I was really lucky , my lawyer did all his homework and had this amazing brief done and the entire time the judge just talked about it and agreed with my lawyer. Everyone was really, really nice.