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2nd application
#103956 02/29/08 04:33 AM
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I applied for SSDI Aug 04'.Upon denial I hired an attorney.The reconsideration was denied and I waited until July 07' for a ALJ hearing. My diagnosis was "probable m.s",DDD,cervical stenosis,lumbar spondylitis,herniated disks with bone spurs,nerve degeneration of the right wrist,depression and fatique.By the time of the hearing Fibromyalgia,knee arthritis,Rls,nerve root compression L4 L5 and copd were also included.
Initially my hearing was to be a video conference in Macon Ga with a Judge in Atlanta.The lawyer rushed to obtain medical records from the last yr to be mailed to the judge in Atlanta.
July 07' when I went to the hearing judge in Macon Ga heard my case.

It became obvious that he did not have all of the recent medical records.When the VE(who was in Atlanta via phone conference)answered ??? from the judge regarding available jobs I could do etc...my lawyer never even challenged the VE!It was suggested I could do "light house keeping" "bakery line work" etc....
The ALJ also asked me several ?? regarding tobacco use.I was somewhat taken off guard.Yes copd was ONE of the diseases.However the DR that diagnosed that only saw me ONE time!
He was focusing on that...when my back and arthritis issues are the most documented.He ??? me about M.S?
I was treated at a well known M.S center for 3 yrs.I told him M.S had not been ruled out.(I had an appt the following month with the M.S specialist)
I have a lesion in my brain consistant with M.S and have a MRI every 6 months.

The appeals counsel in Virginia denied me as well!Now I am waiting for a Federal Court Date in Macon.Yes...the same lawyer.
However I did place a 2nd application for benefits Dec 07.
Since the hearing... sleep apnea and anklosing spondylitis have also been diagnosed.I didn't list the lawyer on my 2nd application.
My DIL expired dec 06.This time I had to apply for SSI!Now ssa has made an appt for me to have a exam by a internal medicine DR.

I see my Rheumy every 4 to 6 weeks and started taking enbrel.
It makes me wonder why they require this other exam?
Any advice would greatly appreciated!restless

Re: 2nd application
restless #106540 03/25/08 03:32 AM
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Hi, Restless. I appreciate your post, however, I cannot give specific advice on this board regarding anyone's particular case. Please let me know if you have any general questions.

Rich


Disclaimer: Thank you for your questions. Mr. Feingold's comments are offered as a public service, are general in nature and do not constitute legal advice for any specific legal situation or problem that you may have. Please be advised that no attorney-client relationship is created between Richard Feingold and those who post to this website. If you have a legal problem, you should contact an attorney to personally discuss the matter. You may contact Mr. Feingold for resources for finding legal help. Thank you.

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