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Old 09-10-2013, 02:14 PM
LIT LOVE LIT LOVE is offline
Magnate
 
Join Date: Mar 2010
Posts: 2,304
10 yr Member
LIT LOVE LIT LOVE is offline
Magnate
 
Join Date: Mar 2010
Posts: 2,304
10 yr Member
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Quote:
Originally Posted by Direwolf View Post
Additional documents? I had been treating with the orthapod and neurologist for five years! My records are as thick as a Mlps phone book. I've had two ALJ denials, none due to lack of evidence. I no longer make doctors appointments, money ran out several years ago. I've been turned away at the ER a dozen times, including a flat refusal to conduct any type of advanced testing regarding the return of the bladder cancer! How exactly is it, that the SSA doctor gets around to actually examining someone? I had dozens of consultations, and IME's, both ALJ's cherrypicked amongst the insurance companies consults, the last(Gaffney turn down rate 9/10)used them along with the SSA hack exclusively at the expense of my treating doctors to discredit me. Oh, and yes I almost forgot, he wrote in his decision that because I had been forced to pursue workers comp that I had no credibility, that I was attempting to graft the system! I no longer recall what the voc expert had to offer, but no matter, it was carefully coordinated with Gaffney's corruption, it was all BS!
All I can say is that in some ways my experience was similar to yours. All of my medical evidence was via my WC case, which meant that I had an uphill battle since every month for years WC docs supplied reports misrepresenting my injury so as to deny me benefits.

Many SSDI attorneys spend relatively no prep work on their cases. I became so frustrated with my attorney (after receiving a Partially Favorable Decision) that I chose to handle my subsequent appeal and new claim pro se. It was not the easiest approach, and it did lengthen the process, but I did receive a Fully Favorable decision eventually.

I was allowed to ask the VE questions prior to my hearing and can not stress how significant his/her testimony is. I was beyond frustrated when by the end my VE claimed I could work as a Surveillance System Monitor, http://en.wikipedia.org/wiki/Surveil...system_monitor
which is a completely bogus job and no longer exists as written in the DOT in 1986. Had the ALJ not believed my credibility, he would have had a small if questionable way to deny me of benefits. If your last VE claimed your physical capacity would allow you to perform medium or light levels of work, than you have a harder battle. If he/she claimed you could perform only sedentary work, than you're not far from proving you're unable to perform any work. You can request a CD of your ALJ hearing/s btw.

If the Appeals Council ruled your doctors should have been given greater weight than the SS doc, than you'll be in good shape going into the new hearing, if this wasn't addressed, than I'd worry. While it maybe difficult to get additional documentation, it might be what you need. Is your WC claim still open or did you close your case? Do you have ongoing medical benefits?
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