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Old 09-10-2013, 09:33 PM
Janke Janke is offline
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Join Date: Sep 2008
Posts: 686
15 yr Member
Janke Janke is offline
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Join Date: Sep 2008
Posts: 686
15 yr Member
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Quote:
Originally Posted by Direwolf View Post
I have a few questions for the forum in general, I have been pursuing my benefits since 2003, which covers seven consecutive denials, including two at the ALJ level. I have multiple issues including but not restricted to all of the following, chronic severe degenerative disc disease(cervical spine), knees, bilateral elbows, all greatly amplified due to a major workplace injury resulting from an unrestricted fall from a catwalk around my machine. Toss into the mix, two angioplasties for a chronic renal problem, and a diagnosis of stage-2 bladder carcinoma, which after nine year hiatus has just made a return appearance.

Just today, I have learned that my district court action has resulted in a remand, though the attorney(my 4th) never contacted me as promised, I only discovered the remand by happenstance, specifically speaking, I just happened to call them! I have no other information then that. I might also add that in the wait for the district court decision, it was discovered that the attorney(#3)failed to perform his duties as contracted, it was discovered that he had negligently failed to prepare my case by failing to obtain just over half of all my medical records, the really, really important half!

Please, no offers of keep up the fight, I have lost everything except my life, and that is very likely to be anted up somewhere in the near future, I'm not being smug, just pragmatic, so please no hyperbole, or talk of God or whatever, there is none.

Here's my main question, are my odds of prevailing the same, or have they been amplified due to the intervention of the "real" court? In other words, will the ALJ just move on to the next technicality and deny it again, or do these remands from the "real" court carry "real" weight forcing them to actually follow some semblance of the law? I might add, the last ALJ in writing, stated that the neurologist, orthopedist, and my longtime treating(ten years)internist who had all of them filled out those lengthy functional capacities that the lying bloodsuckers claim so crucial to success, were simply lying on my behalf(he literally wrote such in his decision), and then assigned the greater professional weight to the SSA doctor who had not so much as ever even looked upon me, let alone performed an examination of some kind....

Thank you for any genuine insight on what's to come....
In order to compute 'odds' someone would have to have a large sample from which to extrapolate. I have no such sample.

Yes, the ALJ can make his/her own decision since the court sent it back down the line and did not make a finding of it's own that you are disabled.
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