I am beside myself right now. I lost my 2nd appeal for SSDA and the judge has gone out of his way to make sure I don't win in a civil court too.
I do have an attorney, a well recognized law firm, but this is unbelievable. My attorney showed his colleagues the denial letter and they all believe this judge has done me in.
I had my 2nd appeal, and most of the time you will get the same judge. Ludicrous huh? He came in the courtroom knowing he would deny me. I had my medical expert, Dr H. there for me, and this judge has somehow gone from attorney, to judge, to medical doctor. Amazing.
We sent my 2nd denial to the appeal board and they denied my appeal, did not even review it, because I didn't fall into 5 of their reasons. Well, I fell into 2 of them, one being the judge was not following the Laws that protect us from people like him!
The judge discredited my board certified neurologist, many of you know who he is, Dr H. in Richardson TX. Dr H said this was his first case to loose. The judge said the Dr and I were in cahoots with each other and I am really working. What the heck is he talking about?
The judge said because Dr H prescribed Ambien, I am working a night shift and need to sleep during the day. This is just too weird.
There are so many lies and stories that his denial letter was 5 pages!! By writing these elaborate, stories, it has been known that the federal court will read them and feel the judge has reason to write them.
This judge has lied and I want some one to know. Since the appeal board wouldn't read it, who do I go to? I really think I will loose in Federal court too.
Another thing, a judge did not look at my appeal, a tech did it. My attorney said he thinks SS was just trying to get rid of backlog.
I am not backlog, I am a person suffering, and have been trying to win this disability claim for over 4 years.
I am upset, crying, hurting, and wish this man a day or two of what I go thru. Terrible of me I know, but, there it is, I am angry with him.
Has anyone gone so far in the system to file a civil suit with SSDA? Please tell me how, you did and maybe some tips.
Has anyone ever written a politician a letter, describing the horrors we go thru? If so, who did you write, or if you know who I should write, let me know please.
Thank you for listening to me. I need some support and help. Fogged
Posts: 106 | From Texas | Registered: Jun 2005
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posted
I don't have any words of wisdom but I'm sorry you have to go through this. Hopefully, someone will be able to point you in the right way.
Posts: 984 | From San Diego | Registered: Nov 2006
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canbravelyme
Frequent Contributor (1K+ posts)
Member # 9785
posted
Is there a regulatory body for judges in your area? Could you submit his judgement for review, and also to your state rep.?
Best wishes,
-------------------- For medical advice related to Lyme disease, please see an ILADS physician. Posts: 1494 | From Getting there... | Registered: Aug 2006
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treepatrol
Honored Contributor (10K+ posts)
Member # 4117
posted
Theres something wrong with that judge mentally.
-------------------- Do unto others as you would have them do unto you. Remember Iam not a Doctor Just someone struggling like you with Tick Borne Diseases.
posted
I don't know much about these matters, but perhaps you may want to contact your local media, either a newspaper or radio talk show or even TV news.
See what they have to say, if nothing else they may be able to provide you with some options about who to turn to.
Also, see if you can find a local university that has a law program, perhaps you can speak with someone there. They have people who do nothing but research all day and may be able to answer your questions.
Yet another option: The ACLU. Although I cringe to even suggest it because of their extremist nature, they may be able to answer some questions you have. That's what they're there for, in theory at least. Check out their website.
-------------------- Jennifer Posts: 266 | From Ocean County, NJ | Registered: Aug 2007
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Truthfinder
Frequent Contributor (1K+ posts)
Member # 8512
posted
I think the first thing I would do is contact my congressman - pick a federal representative or senator with an office that is closest to where you live. And one that plans to seek another term in office. They don't like their constituents to be unhappy.
Or, heck - complain to ALL of your congressmen. This sounds like a pretty blatant misstep on the judge's part.
Lodge your complaint with that office and find out how you can file some kind of formal complaint (or suit).
Certain states have really lousy judges, and it seems that more and more crummy, biased judges are being appointed to the SSD ranks. This is unacceptable.
Was this your 2nd ``claim'' or second ``appeal''? I'm a little confused. BTW, it is very difficult to get the appeal board to do much - they didn't for me either. There has to be something really hinky in the original claim/ hearing for them to actually grant an appeal. I just had to start over with a new claim.
Anyway, don't give up, especially under these circumstances. This is awful, and I'm very sorry for what this is putting you through.......!
-------------------- Tracy .... Prayers for the Lyme Community - every day at 6 p.m. Pacific Time and 9 p.m. Eastern Time � just take a few moments to say a prayer wherever you are�. Posts: 2966 | From Colorado | Registered: Dec 2005
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map1131
Frequent Contributor (5K+ posts)
Member # 2022
posted
Foggedup, I'm so sorry. I beleive I know how stressed you are. The whole process for SS was harmful to me and I did NOT have the trouble you are having.
I was denied first time, of course. Second time I was denied I had just hired a lawyer 10 days before. The lawyer went to work on me and I had a hearing with judge scheduled within a year.
His letter of approval was to me in a month. I only had problems with the MD scheduled to my hearing. Lyme illiterate.
Your judge reminds me of a friend of mines judge here in KY. She used to be on this board and that's how we met and became friends. Anyway her judge basicly called her a liar and told her he thought she just wanted to stay home and collect money.
She was in nursing/medical career and had history of contributing to society, but he just went off on her. She was so upset and stressed out over the whole ordeal. But she got it, with his threat of watching her case and reviewing her often.
I hope you get some legal advice that helps you.
Pam
-------------------- "Never, never, never, never, never give up" Winston Churchill Posts: 6478 | From Louisville, Ky | Registered: Jan 2002
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CaliforniaLyme
Frequent Contributor (5K+ posts)
Member # 7136
posted
Just sorry to read it!!!
-------------------- There is no wealth but life. -John Ruskin
All truth goes through 3 stages: first it is ridiculed: then it is violently opposed: finally it is accepted as self evident. - Schopenhauer Posts: 5639 | From Aptos CA USA | Registered: Apr 2005
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TerryK
Frequent Contributor (5K+ posts)
Member # 8552
posted
foggedup, So sorry to hear about your ordeal. I've been surprised in my few dealings with judges at how incompetent they seem to be, 2 of them even falling asleep during the hearing.
If you haven't already, please join this group and ask for their advice. They are very helpful and they know a LOT about these issues. http://groups.yahoo.com/group/Disinissues/
Terry
Posts: 6286 | From Oregon | Registered: Jan 2006
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posted
Thank you all for wonderful suggestions. My daughter will be helping me write the letters and my attorney will help revise them for us. We are also attaching the judgment decision with our letters, because it is so atrocious.
Truthfinder. Sorry for the confusion.
I have had 2 hearings, same judge twice. I sent in my appeal the first time after this judge denied me and was 'granted' another hearing but with the same judge.
After he denied me the second time, we sent the second appeal for a new hearing and the board denied reviewing it, therefore, the unfavorable decision stands, but, I can take this claim on to federal court.
I do have a choice to apply again, but honestly, I know I have a strong case, and I have gone through this mess for over 4 years. That is a lot of back pay that I can repay my Mom and Dad with and help me with treatment.
I do not want to seem greedy, I feel I have jumped through all of their 'hoops' and I am standing my ground. This judge discredited their own appointed doctor, their own medical expert at the trial, and the vocational expert who said there were no jobs for me, my 5 doctors and my family.
He simply does not believe I am sick I guess, he really gave no reason, just anecdotal stories.
Thank you all for your support and advise. Fogged
Posts: 106 | From Texas | Registered: Jun 2005
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bettyg
Unregistered
posted
fogged, i'm so sorry to read about your 2 claims being denied both times by ALJS! my 1st one was a real a$# hole! we was NOT going to allow me to go to bathroom during hearting, but lawyer talked him into it while they proceeded with rehab saying what was possible to do for work.
they screwed once to often for this norwegian/irish tempered woman! after 1st went to appeals council, lawyer was SUPPOSED TO WRITE A BRIEF but didn't while waiting for a copy of the HEARING TAPE THAT NEVER WAS MADE FOR HIM OR ME!
so i had to wait 2.5 years before AC would look at my case. when they did, my lawyer quit me before ac did anything. so they did NOT HAVE TO REVIEW MY ENTIRE FILE since no lawyer was involved; just stamped DENIED!
i was going to file a COMPLAINT AGAINST ALJ; i found something 7-8 yrs. ago, but can't find it now. all i found is below; no procedure!
anyway we started my 2nd claim going thru system, but DDS never sent me a letter saying they were STOPPEINNG the process waiting for AC to approve or deny my 1st claim there. so reconsideraton denied me, and we were put on hold.
however dds said they sent letters to me and lawyer; NOPE; neither of us received. so i hit the ceiling when calling constantly to lawyer's secretary when she called des moines and told me MY CASE WASN'T WORKED UP YET AND NO HEARING UNTIL AC DECIDES! boy, was i PO!
so i wrote an email to head of des moines SS office with ALL MY COMMENTS; NOTHING HELD BACK. i said how i was so ashamed of them for not letting me know, etc.. and giving them suggestions.
DM director emailed me back saying he couldn't do anything; they were following kansas city instructions but gave me this person's name/email. you betcha; i forward on my comment and DMs comments.
KC director responded in one day too! each of these were replied to in one day. he referred matter to alj HANDLING MY CASE.
i received a nice letter addressed to my lawyer and cc to me saying he was to be handling this, and he was sure my lawyer told me this too but i was NOT to be talking directly to all these high honchos!
i wrote hm a NICE letter back and then apologized after learning neither my lawyer or me got this letter. had i received it in TIMELY MANNER, i wouldn't have written letter.
i also request 1st judge NOT BE ALLOWED TO DO MY 2ND HEARING. this head honcho ALJ took my case! he was saying what happened in past stayed in the past, but i brought it up during my hearing of things going on SINCE I WAS REPRESENTING MYSELF FOR 2ND HEARING! i won this one!
anyway, yes, CONTACT ALL YOUR D.C. SENATORS/HOUSE REPS. you will need to sign a RELEASE OF INFO so they can get your files or important papers. WORK BOTH PARTIES; it's an election year!
democrates were great for me; monthly updates what was happening; republicans may have received status repots, but NEVER CALLED OR EMAILED AN UPDATE TO ME!
i know that conn. attorney general blumenthal is collecting letters on INSURANCE DENIAL LETTERS, bt i'd be tempted to copy him too!
oh yes, EMAIL YOUR GOV., YOUR ATTORNEY GENERAL ... those are my suggestions. best of luck!
Improve Public ALJ Alleged Misconduct Complaint Process
The process to handle public complaints against ALJs was adopted as an interim process in 1992. It was intended as a short-term process until the permanent process could be adopted.
Fifteen years later, the permanent process has still not been adopted. We continue to handle public complaints but are working on developing a permanent process that results in consistent, timely action.
The Office of the General Counsel, Office of the Chief Judge, Office of Appellate Operations, and Office of Labor Management and Employee Relations are working together to improve the process allowed by the current regulations and to propose changes to the regulations to provide a process that the public, the ALJs, and the agency all believe serves its intended purpose.
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we was NOT going to allow me to go to bathroom during hearting, but lawyer talked him into it while they proceeded with rehab saying what was possible to do for work.![[group hug]](graemlins/grouphug.gif)
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