Tuesday, March 29, 2011

Got my SSDI Decision And Talk About Illegal!!!

So - yesterday I got my SSDI letter that says the decision is unfavorable.  I don't even know where to begin - I am that angry.  I will be sharing this out to the media because it is unbelievable what they are trying to pull.  I WILL be appealing their decision and I am also filing a complaint to the Regulation and Licensing board in Wisconsin against one of my doctors who submitted a FALSE report to SSDI.  I will be kind enough to send him a letter, though, to let him know I will be filing the complaint and give him a chance to respond.

First of all, the letter is dated January 19th.  The letter states that you have 60 days from the day you receive the notice to file an appeal and they assume that you receive the notice within 5 days of the date on the notice.  How convenient is it that my 60 days would be up March 24th and they mailed my notice March 25th according to the postmark?  My attorney has already placed a call to the Judge, Judge Gail Reich in California, demanding to know why that is.  Lucky for us there is a statement in the notice that says if we have a good reason for filing our appeal late it may be accepted.  Well, I think the fact that they waited until March 25th to mail my notice dated January 19th is a good enough reason, don't you?  That is COMPLETELY illegal for them to do that.

Then - they have "The claimant is represented by Glenda Mercurio-Testo, a non-attorney representative".  That is NOT who represented me.  My representative was Eileen Kinney, an attorney from AllSup.  I have to stop writing for now - I'm already worn out, so I'll continue blogging after a bit - March 30, 2011, 5:17pm CST.  I'm still recovering from my colon problem and I just can't seem to keep energy very long so I apologize.

Okay, it's March 31, 4:52am CST and I can write a little more about this.  I did check in with AllSup, my reps, and my attorney already placed a call Tuesday morning to the Judge's office for an explanation on the dates.  She has to wait 48 hours to call again so she'll be calling this morning.  I did contact Congressman Kind's office to make him aware of the situation and today I will be calling Senator Vinehout's office and Mr. Danou's office to give them an update as well (they've already been a wonderful help).

Anyway - so my notice.  In the hearing I gave testimony and as I'm reading their findings, they quoted me as saying completely different things I said.  For instance, I testified that my sons and I moved into my ex-husband's house in December because we had problems with the heat.  In their findings they quote me as saying I couldn't afford the heat and that is not what I said.  My exact words were "We moved into my ex's house because of problems with the heat".  The problem was that we didn't have heat because the furnace in our apartment building wasn't operational.  I wasn't told that when I signed the lease and moved in.  The only thing my landlord did was bring over space heaters.  This is documented with the Western Dairyland Agency because they provided me with an attorney to mediate with my landlords.  They ended up allowing me to break my lease and I had 30 days to move, but we had that horrible snow storm come in and it was too cold to stay in the apartment PLUS the pipes burst in the apartment below me so the landlord asked me to vacate immediately so he could move them upstairs.  THAT is the problem we had with the heat and I am happy to provide Judge Reich with the documentation on that.  Throughout their findings my testimony is falsified in many places.

Then - Dr. Konzen - what a piece of work.  I saw him 2 years ago because of CNS problems and lesions that were found in my brain MRI.  He did send me for a neuropsychological battery with Dr. Kanz and he sent me to an opthamologist, Dr. Hoffer (because he didn't believ my optometrist Dr. Frei was qualified enough to determine whether or not I had optic Neuritis and that was his exact words).  Dr. Kanz did find that I have sever fatigue and felt that was the cause of much of my concentration and memory problems and I agreed.  But in his report he noted that Dr. Konzen felt I was embellishing my symptoms.  Dr. Hoffer stated that Dr. Frei was indeed qualified and sent me back to her for testing despite what Dr. Konzen said.  Luckily, the optic neuritis was negative, but they did confirm my photo sensitivity.  Dr. Kanz sent me a copy of his report as did Dr. Hoffer and I went back to see Dr. Konzen who told me Dr. Kanz didn't find anything.  I said "really, that's funny because I have a copy of his report, too" and when I pulled it out Dr. Konzen was upset that I had a copy.  Dr. Konzen said that all of my problems were due to a migraine and I disagreed.  I asked him to explain some of these other symptoms and he just said "some people just have those".  I ended up leaving in tears after telling him that I came to him for help and he didn't even believe me and that we were wasting each other's time".  My ex-husband was there and he witnessed everything.  He also got me a copy of Dr. Konzen's notes from my first visit and I was astonished because NONE of what I told him was in there.  He didn't listen to me at all and all of his notes are innacurate and accusatory.  Well - in SSDI's findings he submitted a completely false report stating that I left because I was wanting an MS diagnosis and since I didn't get one I was non-compliant.  That is NOT what happened and my ex can testify under oath to that.  I let Dr. Konzen's initial lies go, even though it affected the treatments I received later on - but this one goes beyond unethical so I will be filing a complaint with the licensing board.  He accuses me of street amphetamine use when the amphetamine I took as a teen was prescription ADHD medication but he wouldn't listen to that.  He made his personal judgment the minute he saw my tattoos and after that it didn't matter what I said.

I'd like to mention, too, that when we got the letter with my hearing date, it stated I would be allowed to have witnesses, etc.  So I brought witnesses, however, they were not allowed to testify.  Why do they tell me I can have witnesses and then deny them the opportunity to validate what my doctors say??

Anyway - so I continue reading and they trashed my pulomonologist.  At my last visit with him, he told me I had emphysema and to see him every year.  SSDI says they didn't receive any notes therefore the testimony of my emphysema is not reliable.  You know - I can only relay what doctors tell me.  It also looks like they picked and chose which notes they would include in the hearing.  I lost 20 pounds in 2009 because I couldn't eat.  That is documented through each office visit that I have copies of, however, in their findings they say they see no evidence of that at first, then later on they noted that I went from 138 pounds to 125 - can you say contradiction?????

I've got to stop writing, it's already wearing me out and my boys get up in an hour.  I've 16 pages more to go so there's a lot to tell you.  I'll also be checking in with AllSup today to see if the judge responded to their 1st phone call or not.

Talk more soon!

No comments:

Post a Comment