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Topic: Hearing on Monday. Question on unemployment while waiting  (Read 845 times)
Mjwhite1
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« on: April 12, 2017, 01:02:02 PM »

Please help. I have searched but haven't found my answer yet.

I have some crazy form of bi lateral dequervains tenosynovitis ( tendinitis) that refuses to heal.

I was laid off while on fmla. State disability ended after multiple surgeries, and my doctors and I agreed I would never fully recover, but wanted me to try to find work in a different field with less hand use and  restrictions, and see just how far I could get before my hand pain became debilitating again. My dr stipulated that for I could not find work with his restrictions, I was to be considered temporarily and totally disabled.

I filed for ssdi, because I knew that I cannot do any repetitive motion on a regular basis. But because I as actively looking for work, with restrictions, I filed for unemployment. I contacted the EDD and they said if I found that I couldn't work, I could simply start my ssdi back up, as long as I qualified.

I never got even an interview, had an additional surgery and have had every doctor in every specialty area say there is nothing left to do. They don't know why I won't heal but there is no remaining options for me. Other than to manage it as best I can by not doing repetitive motions with my hands.

Here we are years later, getting ready for my hearing with a "cold and unsympathetic judge" according to my attorney and online statistics  and my attorney says the unemployment will be a hurdle with this judge, as will my age of onset, 32.

My question is, has anyone had to explain ui while waiting for ssdi and had a favorable decision? Should I just change my onset date? In the grand scheme of things 6 months isn't the end of the world, when I am already severely in debt and losing my home.

Thanks!
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Name: Melanie
Location: Virginia
Age at Application: 33
Disability: Bi-Lateral DeQuervain's Tenosynovitis (possible misdiagnosis for chronic wrist and hand pain in both hands), depression, anxiety
Date Applied: 10/02/13
First Approval/Denial Date: Denied 1/14/15
Reconsideration Approval/Denial Date: Denied 4/10/15
Date Hearing Notice Received: 12/05/2016
Hearing Date: 4/17/17
ALJ Approval/Denial Date: Denied 5/5/17 (told by phone 5/10/17)
Additional Info: Appealed with Appeals council 7/21/17 -
SFVLance
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« Reply #1 on: April 12, 2017, 03:00:04 PM »

Welcome.

Maybe I'm not understanding your question or the timeline, but yes I received state disability prior to SSDI approval. That doesn't seem that unusual to me, but again, maybe I've missed something.
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Name: Lance
Location: Los Angeles
Age at Application: 46
Disability: Severe Depression, Anxiety, PTSD
Date Applied: June 1, 2012
First Approval/Denial Date: Denied August 31, 2012
Reconsideration Approval/Denial Date: No Recon in my region of CA
Hearing Date: January 25, 2013; Remand Hearing March 13, 2017
ALJ Approval/Denial Date: Denied February 20, 2013; Federally Remanded, Bench Decision March 13, 2017
Additional Info: Got Federal remand; 2nd hearing postponed, rescheduled Fall 2016. Postponed again - finally held March 2017.
Mjwhite1
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« Reply #2 on: April 12, 2017, 05:09:50 PM »

Thank you. Sorry for the jumbled timeline. I applied for ssdi then got on unemployment, as the dr wanted me to look for work. My question is, did anyone else go through a similar thing an have the all be okay with it.
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Name: Melanie
Location: Virginia
Age at Application: 33
Disability: Bi-Lateral DeQuervain's Tenosynovitis (possible misdiagnosis for chronic wrist and hand pain in both hands), depression, anxiety
Date Applied: 10/02/13
First Approval/Denial Date: Denied 1/14/15
Reconsideration Approval/Denial Date: Denied 4/10/15
Date Hearing Notice Received: 12/05/2016
Hearing Date: 4/17/17
ALJ Approval/Denial Date: Denied 5/5/17 (told by phone 5/10/17)
Additional Info: Appealed with Appeals council 7/21/17 -
SFVLance
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Posts: 264


« Reply #3 on: April 12, 2017, 05:44:10 PM »

No, I'm sorry...UI and state disability got jumbled in my head!

Hopefully someone has an answer for you, because from what I remember UI means you are at least able to work, which of course would likely be seen as a contradiction to SSDI requirements, even though you mentioned possible restrictions.

Sorry about that.
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Name: Lance
Location: Los Angeles
Age at Application: 46
Disability: Severe Depression, Anxiety, PTSD
Date Applied: June 1, 2012
First Approval/Denial Date: Denied August 31, 2012
Reconsideration Approval/Denial Date: No Recon in my region of CA
Hearing Date: January 25, 2013; Remand Hearing March 13, 2017
ALJ Approval/Denial Date: Denied February 20, 2013; Federally Remanded, Bench Decision March 13, 2017
Additional Info: Got Federal remand; 2nd hearing postponed, rescheduled Fall 2016. Postponed again - finally held March 2017.
Lit Love
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« Reply #4 on: April 12, 2017, 07:29:35 PM »

UI is regulated by state law, so what state you collected from can make a difference.  So, it really is hard to answer.  Even with the same region, certain ALJ's are less tolerant.  Does your attorney want you to amend your AOD?

Does your attorney believe you meet a Listing?  Or is his strategy to prove you qualify via the full 5 Step Sequential Evaluation Process?  https://www.ssa.gov/oidap/Documents/Social%20Security%20Administration.%20%20SSAs%20Sequential%20Evaluation.pdf
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RNyorkiemom
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Burlington NC and GSO ODAR office


« Reply #5 on: April 12, 2017, 09:26:11 PM »

I have a simaler situation with my case.  In April 2013 I was (laid off). It was actully a termination and I settled out of court. I settled for 6 months of pay.  I made a report to divison of health and human services, OSHA, DOT and American with disability ACT violations. The state yanked tbe facilities license and find them with huge fines  Then while the attorney worked on my case I drew 7 weeks of unemployment.  I was interviewing with BCBS and had my final interview scheduled before my offical hiring. It would have paid around $62,000 a year.  I had my accident in 1 week and 5 days, but the minor accident I had turned into a massive infection and eventully a non healing wound.  I of course did not get the position.  I was really stressed beford my hearing on how the ALJ would look at this. She told me it was irrelavent,  I could no longer receive SGA due to the multiple complications that occured. It only mattered that  i had 10 years of work and my conditions and limitations prevented my ability to earn SGA now. Just go in be honest with the ALJ.
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No matter what happens in life try to smile and beleive every thing will be ok!!!  Then smile vs cry!!!!   😅😅😅😅😂
Name: Dee I
Location: Burlington NC / Wesley Chapel FL (dual residency)
Age at Application: 40
Disability: Juvenal diabetes, scoliosis, chronic pain, kyphosis, spondolosis, tremors, muscle weaklness, anemia, contracture in hands feet, Hammer toe, acquired deformity ankle after surgery to remove necrotic tissue, peripheral neuropathy, h/o MRSA, recurrent cellulitis, ADHD, Depression, effective mood disorder, PTSD, anxiety, sever insomnia, charcot's arthopathy, pathological fractures in feet,
Date Applied: April 20, 14
First Approval/Denial Date: Initial denial 11/1/201 Hired a local attorney 12/6/14
Reconsideration Approval/Denial Date: Denied June 6, 2015 only a 1/3 of medical obtained.
Date OTR requested: My first OTR request Sept 2015 denied and second OTR request in Sept 2016 after vision deminised to 140/20 L & 120/20 denied
Date OTR Approved/Sent to Hearing: very senator & congressman in my district. Senator Tom Tillis of NC office requestedDire Need status and it was excepted
Date Sent to VSU: NO
Date VSU Approved/Sent to Hearing: NO
Date Hearing Notice Received: Dire need status granted 10/28//16 hearing Feb 6, 2016
Hearing Date: February 6, 17 judge has 87% approval so keeping my fingers crossed.
ALJ Approval/Denial Date: Medical Decison Made 4/10/17 ( 60 days post hearing was 4/8/17) awaiting award/denial letter and hoping to get befor my Bday!!
Date Award Letter Received: NA
Date Back Pay Received: NA
Date Dependent Benefits Received: No
Additional Info: My diabetes was stable until my auto accident that caused 3 puncture wounds that took 8 months to heal. I had surgery, 6 weeks of home IV therapy and 5 months of wound care and hyperbaric treatments.
Mjwhite1
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People helped 1
Posts: 45


« Reply #6 on: April 13, 2017, 02:30:00 AM »

UI is regulated by state law, so what state you collected from can make a difference.  So, it really is hard to answer.  Even with the same region, certain ALJ's are less tolerant.  Does your attorney want you to amend your AOD?

Does your attorney believe you meet a Listing?  Or is his strategy to prove you qualify via the full 5 Step Sequential Evaluation Process?  https://www.ssa.gov/oidap/Documents/Social%20Security%20Administration.%20%20SSAs%20Sequential%20Evaluation.pdf

My attorney has t mentioned ammending it, but I will inquire before my hearing, I sent her a statement explaining in detail, and she said it was excellent, had me sign and date, and is sending it to be added to my case. Either way, in the grand scheme of things, it doesn't change much for me. I am still in grossly in debt and losing my home, regardless of those 6 months back pay so I am totally fine adjusting it.

She says she is going to argue that I meet a listing. Ugh, the next week is going to take forever.
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Name: Melanie
Location: Virginia
Age at Application: 33
Disability: Bi-Lateral DeQuervain's Tenosynovitis (possible misdiagnosis for chronic wrist and hand pain in both hands), depression, anxiety
Date Applied: 10/02/13
First Approval/Denial Date: Denied 1/14/15
Reconsideration Approval/Denial Date: Denied 4/10/15
Date Hearing Notice Received: 12/05/2016
Hearing Date: 4/17/17
ALJ Approval/Denial Date: Denied 5/5/17 (told by phone 5/10/17)
Additional Info: Appealed with Appeals council 7/21/17 -
SFVLance
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Gender: Male
Posts: 264


« Reply #7 on: April 13, 2017, 09:32:41 AM »

Please make another post after your hearing, to let us know your impressions.

Good luck and stay strong!
Logged
Name: Lance
Location: Los Angeles
Age at Application: 46
Disability: Severe Depression, Anxiety, PTSD
Date Applied: June 1, 2012
First Approval/Denial Date: Denied August 31, 2012
Reconsideration Approval/Denial Date: No Recon in my region of CA
Hearing Date: January 25, 2013; Remand Hearing March 13, 2017
ALJ Approval/Denial Date: Denied February 20, 2013; Federally Remanded, Bench Decision March 13, 2017
Additional Info: Got Federal remand; 2nd hearing postponed, rescheduled Fall 2016. Postponed again - finally held March 2017.
Lit Love
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Posts: 3189


« Reply #8 on: April 13, 2017, 11:37:27 AM »

Have you filed for bankruptcy?  It might give you time to deal with your home.  How upside down are you?

If you aren't familiar with https://naca.com they might be able to help you.
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« Last Edit: April 13, 2017, 11:41:09 AM by Lit Love »
Salvette
SSDFacts VIP
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Posts: 441


« Reply #9 on: April 13, 2017, 11:57:21 AM »

I was on state ui benefits when I applied for disability... I had made several short term work attempts, and at the time of my ssdi application I was working a 10 hour a week job. When ssa called me to verify my work timeline/wages, I told them that I also collected unemployment prior to and after my application, as I was attempting to find some type of work, I only got paid $100 a week from the pt job so it was way under sga...but when I told them about the ui benefits, they said they didn't care about that as it's not considered earned income. However, I was approved at initial application, I imagine standing in front of a judge may present a different scenario, but if you were legitimately applying for jobs that you were told you could do with restrictions, hopefully you kept notes/journal of your employment/work attempts. That's the best I can advise on that....
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Mjwhite1
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Posts: 45


« Reply #10 on: April 13, 2017, 11:49:35 PM »

Have you filed for bankruptcy?  It might give you time to deal with your home.  How upside down are you?

If you aren't familiar with https://naca.com they might be able to help you.

Fortunately we aren't upside down, we just can't pay it anymore and credit cards are maxed out. We are selling our home, paying off the 50k in debt we have accumulated in the 4 years since this happened, and moving my family of 4 in with my parents. We don't see any other options. If by some miracle, I actually got approved and received backpay, we could stay, but I have very little hope that will actually happen.

I was on state ui benefits when I applied for disability... I had made several short term work attempts, and at the time of my ssdi application I was working a 10 hour a week job. When ssa called me to verify my work timeline/wages, I told them that I also collected unemployment prior to and after my application, as I was attempting to find some type of work, I only got paid $100 a week from the pt job so it was way under sga...but when I told them about the ui benefits, they said they didn't care about that as it's not considered earned income. However, I was approved at initial application, I imagine standing in front of a judge may present a different scenario, but if you were legitimately applying for jobs that you were told you could do with restrictions, hopefully you kept notes/journal of your employment/work attempts. That's the best I can advise on that....

Thank goodness yes, the doctors have noted everything in my file and I had all EDD conversations via email, plus about 5 RFCs over the 4 year period (which took an act of God to get my drs to fill them out). So I have everything in writing to back it all up. I guess the hurdle is my age (32 at time of onset) and my disability is so unusual, and can't be clearly proven by any diagnostic measures.

I am so unbelievable nervous, thank goodness it is monday morning. Only have to get through the weekend
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Name: Melanie
Location: Virginia
Age at Application: 33
Disability: Bi-Lateral DeQuervain's Tenosynovitis (possible misdiagnosis for chronic wrist and hand pain in both hands), depression, anxiety
Date Applied: 10/02/13
First Approval/Denial Date: Denied 1/14/15
Reconsideration Approval/Denial Date: Denied 4/10/15
Date Hearing Notice Received: 12/05/2016
Hearing Date: 4/17/17
ALJ Approval/Denial Date: Denied 5/5/17 (told by phone 5/10/17)
Additional Info: Appealed with Appeals council 7/21/17 -
grove800
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« Reply #11 on: April 14, 2017, 05:21:54 AM »

Just to relax the best you can.  The nervousness happened to the majority of us.  Trying reading, watching some movies, church and try to enjoy Easter Sunday with family.  Good luck to you.
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😊
Name: Vicki
Location: IL
Age at Application: 59. Age now 62
Disability: Hypogammagobulimannenia , aggressive arthritis spine, 4 level cervical fusion, chronic pain, DDD,COPD,
Date Applied: 7/2013
First Approval/Denial Date: 11/2013
Reconsideration Approval/Denial Date: 5/2014
Date OTR requested: 6/2014
Hearing Date: January 19, 2016
Date Award Letter Received: February 3, 2016. per benefit letter on my SS website
Date Back Pay Received: February 4, 2016 direct deposit
Additional Info: fully favorable letter by mail Feb 6, 2016. Medicare started Dec 2015
Mjwhite1
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Posts: 45


« Reply #12 on: April 17, 2017, 05:24:20 PM »

Hearing was today...what a mess. I showed up 30 minutes early at the wrong location. Raced to the right location crying and hysterical. Got there in time to find out my lawyer wasn't there!

She arrived 5 minutes late thinking the hearing was at a later time. The judge was miserable and cold, ignored me entirely while addressing my Lawyer  in a rude and condescending manner. You could tell they fully dislike each other and went back and forth every chance they got.

There was an me by phone who said there was zero chance I was disabled for any 12 month period and there was no way, in his experience that the first surgery wasn't successful based on diagnostic information. He said I it could be somatization but he was an orthopedic dr and couldn't say. Ugh! But I also stated that all doctors agree that they don't know why I am not better, so maybe his testimony will coincide with the rest?

Then the ve confirmed there were no jobs that I could do with the limitations the Drs state for me.

The judge was mean, and kept putting words in my mouth. Asking when I choose to be a homemaker (injured occurred during pregnancy, had to wait to have baby before surgeries) and when I corrected her, she said but in reality, you chose to become a homemaker. Obvious this woman has her mind made up.

Lawyer is positive I will be denied, but based on the numerous rfcs from physicians who have treated and examined me and the ve's testimony, she is pretty confident I will win at appeal, which luckily will be in a different state so I won't have to deal with that women again!

I felt like I answered well, I could've said more but I don't think I said anything wrong, and I was totally honest...now I can go back to waiting for the next denial.

Will post questions about the me testimony on a different thread. I didn't even know I had one coming.

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Name: Melanie
Location: Virginia
Age at Application: 33
Disability: Bi-Lateral DeQuervain's Tenosynovitis (possible misdiagnosis for chronic wrist and hand pain in both hands), depression, anxiety
Date Applied: 10/02/13
First Approval/Denial Date: Denied 1/14/15
Reconsideration Approval/Denial Date: Denied 4/10/15
Date Hearing Notice Received: 12/05/2016
Hearing Date: 4/17/17
ALJ Approval/Denial Date: Denied 5/5/17 (told by phone 5/10/17)
Additional Info: Appealed with Appeals council 7/21/17 -
Just Me
Administrator
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Nice Administrator


« Reply #13 on: April 17, 2017, 08:32:26 PM »

Who helps you care for the baby ? How many hours a day do you have someone there to help ? Does someone help you grocery shop, prepare meals, do light housekeepiog, etc ?
Being a Homemaker and/or for a baby is demanding work. 
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Hope the size of a mustard seed can produce Faith that can move mountains.
Age at Application: 50
Disability: DDD, nerve damage upper & lower extremities, RA
Date Applied: First Applied Feb 2002, Denied May 2003. Applied again Oct 2003, Approved June 2004
Mjwhite1
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People helped 1
Posts: 45


« Reply #14 on: April 17, 2017, 08:54:57 PM »

Who helps you care for the baby ? How many hours a day do you have someone there to help ? Does someone help you grocery shop, prepare meals, do light housekeepiog, etc ?
Being a Homemaker and/or for a baby is demanding work. 

The baby is 3 now, but day care would have cared for the baby if I could have returned to work. Since I couldn't return to work, I had surgeries and had a family member here to help with the baby and toddler, house work, cooking and cleaning, while I healed. Once both surgeries were done and I was healed (surgery failed to relieve pain) I applied for work with limitations.
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Name: Melanie
Location: Virginia
Age at Application: 33
Disability: Bi-Lateral DeQuervain's Tenosynovitis (possible misdiagnosis for chronic wrist and hand pain in both hands), depression, anxiety
Date Applied: 10/02/13
First Approval/Denial Date: Denied 1/14/15
Reconsideration Approval/Denial Date: Denied 4/10/15
Date Hearing Notice Received: 12/05/2016
Hearing Date: 4/17/17
ALJ Approval/Denial Date: Denied 5/5/17 (told by phone 5/10/17)
Additional Info: Appealed with Appeals council 7/21/17 -
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