posted
I had my appeal on January 25th, exactly 2 years from my first hearing...the judge thought that was real funny. geez, I wanted to walk out then.
(FYI, even though you win an appeal, you can get the SAME judge you had the first time! I did and I was warned about it.)
I first applied in 2002...2007 now.
Anyway, the hearing was terrible and the judge was so "stupid" my neurologist hung up on him! yikes!!
The judge kept asking my doc why he answered I could crawl on the form they send out. My doc says it is a terrible question, because NO one crawls at their job so he put the best answer that was available to him.
Then the judge wanted to know why my neuro did not treat my Lyme. My doc said he was not qualified and would rather have me see a lyme specialist.
So the judge says..."so you don't believe in this "Lyme Stuff". My doc says "NOT AT ALL - Lyme is VERY real. I have 5 other patients w/ FMS, Pain Syndrome and Lyme. Lyme is real and is here to stay until we start respecting those who suffer" ( I LOVE my doc!)
Anyway, after a long stupid hearing with the most nit-picking questions, they found a job I could do, inserting lenses into frames. 2 Years ago, they decided I could stuff toy animals.
I DO have an attorney and he was/is excellent, this judge is just an idiot, to say it politely.
I am waiting on the approval(lol) or denial notice.
Has anyone ever received a favorable decision, even if they had found a job for you at the hearing?
The vocational expert said I would not be able to maintain that job, but the judge had tuned us out.
My attorney had asked for the job numbers in my State, not just the nationwide amount. The judge turned red, then purple with anger and pursed his lips together and said " Go ahead and ask, you will turn me into the appeals board anyway."
SOoooooo, for my way of thinking, about how the judge thinks, he had already made his decision w/o listening to the whole testimony from the vocational expert.
I will let you all know.
Thanks for listening. M
Posts: 106 | From Texas | Registered: Jun 2005
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stymielymie
Frequent Contributor (1K+ posts)
Member # 10044
posted
your lawyer can demand another judge hear the case, immediately.
there is no way that an appeals judge shoud be the same judge that originally saw your case.
i wrote an advidavit, signed by myself and all my docs notorized and presented it to the judge.
this advidavit listed everything i could do prior to lyme, then things i could not do now. my judge was great. the job guy said i could hand out towels in a locker room.
the judge said ," this doctor went to four years college, for years dental school, 2 years residency, 23 years in practice, and you want him to hand out towels," "i don't think so"
i had won my case before i walked out the door. the judge was actually crying when he read my advidavit. i never saw a judge cry before.
at least some have a heart, not all lawyers are heartless!!!!!!
docdave
Posts: 1820 | From Boone and Southport, NC | Registered: Sep 2006
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Geneal
Frequent Contributor (5K+ posts)
Member # 10375
posted
Thank God for judges with common sense and compassion instead of all Ego.
Good luck with your appeal. I believe in my state if you are granted SS for disability, you get retroactive payments (ie from when you first filed).
That alone would make it worth pursuing.
Geneal
Posts: 6250 | From Louisiana | Registered: Oct 2006
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bettyg
Unregistered
posted
fogged up; my heart goes out to you of the 5 yrs. of hell you went thru to get your 2nd hearing; SAME WITH ME!
I WON MY 2ND ALJ HEARING ALL BY MYSELF! **************************************
my lawyer of almost 4 full yrs. quit when i got my lyme diagnosis; i was too hard to work with; nothing they did was acceptable!
NO, they screwed up too much taking 8-10 months to reply to questions of YES/NO, etc. they sent me copies of things i told them i made copies of prior to sending them and then going to CHARGE me $$.
his dumping me was the best thing@! he returned both files, and i read threw each sheet of paper documenting my case when this/that was dx with dates/drs. names, etc.
i typed up 15-20 pages of these documented medical statements and then applied the ADULT DISABILITY LIST OF IMPAIRMENT LIST TO EACH DX!
it was very complete and with the RFC, residual function capacity addressing how long i could:
sit, walk, lift, climb, crawl, bend, use my hands, etc.
he could NOT turn me down but approved me for severe depression and affective disorder/anxiety ... nothing mentioned about my fibro, chronic fatigue, and definitely NOTHING ON MY 35 YEARS OF CHRONIC LYME DISEASE.
you can turn this judge in and i highly recommend this.
unfortunately the rules do say when AC sends the case back, SAME JUDGE can hear it again. i was looking into this since i had your counterpart for my 1st hearing who would NOT even let me pee when i needed to!
best wishes; keep us informed! i pray your 5 yrs. of hell are over!
when did you file the 2nd one...date? yes, they'll make it RETRO TO 2ND FILING DATE...NOTE FIRST. mine was in the system for 2.5 yrs. so my 2 yrs. were met for MEDICARE so it was effective immediately!
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posted
Thank you for your replies. I am not doing well today, so I will respond back with answers to your questions later.
Posting here always helps and gets me thru the day. I have not been on in awhile, it's nice to be back!
Thanks you. M
Posts: 106 | From Texas | Registered: Jun 2005
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bettyg
Unregistered
posted
fogged up, so sorry you're ill today; looking forward to your answers when you feel UP to it! meanwhile here's for you!
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dmc
Frequent Contributor (1K+ posts)
Member # 5102
posted
oh my, how horrid. Why are there judges determining social security disability? I though Docs. were the determining body.
I only had to go to local ss office and then go to contracted ss doctor for a 10min examine that then just telling him what I can't do.
Posts: 2675 | From ct, usa | Registered: Jan 2004
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bettyg
Unregistered
posted
i'll post a HORROR STORY about SSDI, 7 applicants in WISC. in medical! you won't believe what happened there!
posted
Thanks for the horror story. It reminded me that during my appeal hearing the judge had said that my first hearing tape was "lost".
I suppose it was 'lost', because we turned him into the appeal board for not following the law. Atleast I won the appeal, but if the board had had the tape, maybe they could have decided in a favorable decision.
We will never know.(unless the 2nd tape disappears). ((I have found I am getting very conspiracy theory like))--can't imagine why!
As I said before, I had my hearing the first time on 1/25/05, and I received me denial letter on 2/23/05...so hopefully I will hear from them this week. I will let you know the outcome.
Thanks, M
Posts: 106 | From Texas | Registered: Jun 2005
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bettyg
Unregistered
posted
fogged up,
i've got my fingers, toes, and anything else i can think of CROSSED for approval this time!
check your online banking or with bank; they get money FIRST; many times letters take 1-2 wks before being mailed!!
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