One Little Victory...A Bigger Battle Begins

Happy New Year, everyone. Sorry for my conspicuous absence. It has been a trying time, but more on that later. I do have some good news to share, first:

After months of battling the State of California to prove my right to disability benefits a judge ruled in favor of my receiving all of my state disability benefits.
The judge wrote in her decision:

"In the present case, the claimant has a complicated medical history and continues to suffer significant amounts of pain. The opinion of his treating physician, who is far more familiar with his history than the independent medical examiner, has been given greater weight here. Consequently it is found that the claimant has not recovered sufficiently to return to his regular and customary work at the time of the independent medical examination. The determination made by the department will consequently be reversed."

I was able to receive this decision without the need for counsel, and that's important because too often the disabled are forced to pay large sums of money for representation. I'm not saying that counsel isn't required in certain circumstances and I'm not saying you shouldn't seek it if it can be afforded. However, I believe the key was having medical records which clearly illustrate my complex history. Knowing that someone of my age doesn't normally suffer from neuropathy, spinal degeneration and neurological and arthrtis chronic pain required my getting copies of every record I could and asking ever doctor I knew for evidence.

As happy as I was by this victory, I realized immediately that I was now going to have to fight the decision of Social Security to deny me benefits. I've entered the State Judge's decision as evidence. I believe it will prove to be the best weapon I have. As a general rule, Judges don't like to overturn each other's decisions.

It is the first time in over three years I have felt vindicated in my legal battle for my rights as some permanently disabled.