Social Security Insider - Latest Comments in Are You Doing the WRONG Thing Around Someone with Hearing Loss

Re: Are You Doing the WRONG Thing Around Someone with Hearing Loss

TomaszStasiuk — Mon, 17 Jan 2011 14:53:44 -0000

I am sorry for the trouble you are getting. I do not know what to tell you. You can contact a lawyer in your area or legal aid. Your friends and family may have additional suggestions.

Re: Are You Doing the WRONG Thing Around Someone with Hearing Loss

Van — Mon, 17 Jan 2011 11:29:19 -0000

Being disabled it a burden I face for the rest of my life and i'm only 37. People treat you like crap and 99.9 of them will use your disability to better them and take advantage of you. I am not only 80% deaf I also have brain injury from a motorcycle accident. My latest one is that I am trying to rent my home, so I hired a property manager to help. He rented it after first showing but wont give me any info on whats going on. He knows about my disabilities and also no's that I am loosing my home in order to keep it. He sends me an email regarding the lease, but through the entire day will not answer my simply question of "what am I supposed to do with what you sent"? Going back and forth all day on txt messages and emails, my stll asking, "what am I supposed to do with what you sent", he instead sends me emails that are not only un-professional but darn right rude. Letting me know how hard I am to work with but continueing to talk crap about my mother, and family. He still has not answered my question(s) and has a signed lease. He works for me, but why is he acking this way?. What should I do?

Re: Are You Doing the WRONG Thing Around Someone with Hearing Loss

TomaszStasiuk — Wed, 12 Jan 2011 23:16:48 -0000

Hi Charlene. So I assume the ENT who will testify at the updated hearing is a different doctor that the one who performed the consultative examination. That sounds like it could be an Medical Expert (ME). I am putting up a post tomorrow dealing with MEs & Social Security hearings.

Re: Are You Doing the WRONG Thing Around Someone with Hearing Loss

Charlene — Wed, 12 Jan 2011 20:51:29 -0000

Hi Tomasz. I got an update to my case. The Judge did not see fit to grant my case without postponing the hearing. Instead he actually found an ear-nose-throat specialist (apparently there are only 2 in the whole US - what I was told that is used in an appeal hearing) so this Dr. will be giving testimony via phone at my hearing which is now scheduled mid-march. Apparently this Dr. who I never seen is crucial to my case? I am soon to be able to see what was written in my actual Hearing C.E. Does the Judge want me to give up my case - what is he thinking?

Re: Are You Doing the WRONG Thing Around Someone with Hearing Loss

Charlene — Wed, 29 Dec 2010 21:29:52 -0000

Thanks so much for replying Tomasz - I do agree Non-Attorney's should not be allowed to charge the 25% fee and I would accept a lower fee schedule but ironically the 25% is the fee set for both Attorney's and Representatives that Social Security has in place. Before I get involved in pursuing that avenue, I have to stalk my mailbox to see what my judge decides. I promise to update this page when I get the letter. Thanks so much for clarifying your opinion on CE's. You Rock!

Re: Are You Doing the WRONG Thing Around Someone with Hearing Loss

TomaszStasiuk — Wed, 29 Dec 2010 21:07:14 -0000

Hi Charlene.

Don't worry about disagreeing with me. There are many different viewpoints when it comes to Social Security.

I don't think I said that CE's are not used for approvals. Social Security often sends individuals for consultative examinations to determine their impairments and the resulting limitations. The CE's report certainly can be the basis of an approval.

What I may have said is, in my experience, *counting on* a consultative examination to build favorable evidence may be a poor strategy. It is often better to try to obtain limitations from the treating providers. In the majority of my cases, we fight *against* the CE opinion. However, when the CE opinion is good, then that is very helpful as an "independent and objective" opinion. There are a multitude of issues involved and sometimes the CE may be the only way to build medical evidence.

Anyway, my point is that CEs are fine, but not my *first choice* for developing evidence in most of my cases. That is just my opinion of course.

The issue of non-attorney advocates is not as simple as "stepping on attorney's toes" or cutting into our business. It is a matter of training, experience and responsibility. Attorneys go through law school, have to pass the bar, are regulated by their state bars, and maintain malpractice insurance. Non-attorney advocates have to pass a test given by Social Security. Does the lesser amount of training, regulation, and insurance coverage result in lower fees to the client? No (not that I have seen anyway). Most everyone handling Social Security cases charges the same: 25% up to a $6,000 fee cap.

If you went to the doctor and had the choice of seeing the doctor, or only seeing the PA, with no difference in cost, which would you choose? That is not a strike against PA's or non-attorney advocates. I know people who like their PA more than their doctor. And, of course there are good advocates and there are bad lawyers. However, all things being equal, PAs are not the same as doctors and non-attorney advocates are not the same as lawyers.

It just raises the question: when a non-attorney advocate is less trained, less regulated, less insured and still charges the same as a lawyer, what exactly is the advantage of a non-attorney advocate over a lawyer?

If that sounds like I am against advocates, I am not. I just think that if you pay full price, you should get the training and protection of hiring an attorney. If you don't get an attorney, you should not be paying attorney prices.

Good luck on your case, Charlene! I am rooting for you!

Re: Are You Doing the WRONG Thing Around Someone with Hearing Loss

Charlene — Wed, 29 Dec 2010 16:27:27 -0000

I just read in my evidence file that my DE denied me a CE - Hearing Exam (at the initial stage) because I was able to have a normal conversation with her on the phone. I went thru the appeal hearing with an ALJ and wasn't able to hear him in person so he postponed my hearing. I decided to write a "dire need" letter asking for urgency as I was already diagnosed with PTSD - adding Severe Stressors to the axis. The judge answered my plea by allowing me to have a CE - Hearing Exam - which proved that I have Severe Conductive Hearing Loss. The judge just now got that CE report and I am waiting to see if having 2 severe impairments will grant me an approval of if he will continue with the postponement hearing. My case has been on-going since May 2009. I've been reading your sections in-depth in which you stated in reference to CE's that its not been used for an actual approval. Would be nice to prove you wrong about this. I am representing my own case as I have done 100's of hrs of research on my own and if I win would like to take the the course provided by NALA to help others win their cases. I know that you are very much against this and I can see as a whole that it "steps on attorneys toes". You have a great website and even though I disagree with a few of your opinions, this site has helped me a lot. Thank you.

Re: Are You Doing the WRONG Thing Around Someone with Hearing Loss

Dianrez — Thu, 06 Nov 2008 23:43:05 -0000

Sounds as if the airline procedures manual might be inadequate. The training the staffers get is probably "offer all disabled people wheelchairs".

Suggestion: give each airline a sheet for their manuals, giving idiot-proof instructions on how to handle deaf passengers.
For example: seating near the stewardess station. Visual aids and captioning. Offer pagers with text information in case of delays or ask for pager address if the deaf passenger is carrying one. There are more ideas that others can contribute!

Re: Are You Doing the WRONG Thing Around Someone with Hearing Loss

TomaszStasiuk — Thu, 06 Nov 2008 21:49:32 -0000

Dr. Mostert comments in his original post what he feels the UA employee should have done.

“Ok, it says here that you’re deaf. What can we do to help you? How about you stay as close to the counter as possible, and whenever there’s an announcement, either come over to me, or I’ll come to you, and tell you what we said.”

Just FYI.

Re: Are You Doing the WRONG Thing Around Someone with Hearing Loss

mishkazena — Thu, 06 Nov 2008 17:16:31 -0000

It happens more often than the public realizes. Deaf people have reported being handed Brialle materials by some people upon hearing that they are Deaf.

Re: Are You Doing the WRONG Thing Around Someone with Hearing Loss

Candy — Thu, 06 Nov 2008 16:35:33 -0000

What kind of assistance does Deb need? She is at the counter and is able to converse with the UA employee, as we can see they are having a conversation.

I guess my question is what kind of assistance does Deb need? Deb never elaborated. All she said was Yes. Well, Hello! yes, what?

From my experience, the only kind of assistance that a deaf person would need is to be kept up to date on the status of the flight and any pertinent information that a deaf person would have a "need to know" in order to be able to catch his/her flight on time. I have found it to be very frustrating that the airline employee manning the boarding desk would not be able to keep a deaf traveler up to date on any delays or other need to know information. In my case, I was told that she could not do that (keep me informed,) rather she suggested I check with her every 15 min or so. [my flight was delayed for 12 hours! imagine, every time I heard something being said on the public announcement system, I had to go and find out what the latest development is and I probably went up to her like more than 50 times that whole time] The time table screen on monitors usually do not provide these information. My experience resulted in my having to go to the boarding desk and ask what is happening every time I hear a loud PA system blaring something I do not understand. What if a person was deaf? how would the person know that there is additional information being announced? And even when I was told what was happening, by the time three planes were available for take off, the boarding attendance was crowded by lots of people, and I almost got on the wrong plane because she was not available to tell me which plane I needed to get on. It was a horrible experience and I do wish there were PA announcement that is subtitled on a screen as well.

I'm sorry, but, I think both Failed.

We do not need interpreters at the airport. We do not need special treatment. I wonder if Deb was expecting to be bumped into first class as is the practice with some airline if you are deaf. And I am also aware of many deaf people doing that, acting dumb, going up to the counter and announce "I am deaf." and stares at the check in desk employee with hopes that they will upgrade their ticket to 1st class for free. We definitely DO NOT need a wheelchair, unless, of course...a deaf person is also physically disabled as such that he/she would need one.

What's the real story here with Deb, anyway?

Re: Are You Doing the WRONG Thing Around Someone with Hearing Loss

JB — Thu, 06 Nov 2008 14:53:53 -0000

Deb should have answered "No, I don't need assistance. Thank you for asking." I do not think that Deb understood the employee.

Re: Are You Doing the WRONG Thing Around Someone with Hearing Loss

Ben Vess — Thu, 06 Nov 2008 11:43:47 -0000

Tomasz,

I hope you don't mind but I submitted your link to DeafRead.com and hopefully will bring you a few more readers with opinions and suggestions that might help you.

Ben Vess