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Old 08-12-2012, 12:42 PM
mzjhnsn mzjhnsn is offline
New Member
 
Join Date: Aug 2012
Posts: 1
10 yr Member
mzjhnsn mzjhnsn is offline
New Member
 
Join Date: Aug 2012
Posts: 1
10 yr Member
Confused

Quote:
Originally Posted by Mimipaci View Post
I just had my ssdi hearing and my judge was hard to read what his thoughts were. But I really don't know if he ruled in my favor. My lawyer says he believes he did. This is what happened. The only questions the judge asked was my name and address. He asked me about the use of my cane and walker. I had back surgery a last year.

2 months after my surgery I had my social security exam. The doc said I was only disabled for a year and that I was ready to work even though I just had back surgery two months prior. My lawyer told the judge that he felt the report isn't credible. The judge told him he feels it was credible.

Judge then called the vocational expert. He asked him if I can do my old job. The ve sad no. The judge then gave the ve a hypothetical with a limitation of an unskilled job with no lifting over 20 lbs. the ve said there were 3 jobs. The judge then gave a second hypothetical of the same as first but that I needed to lay down 48 minutes a day which equals 5 hours per work week. The ve said none. The judge then asked my lawyer if he had any questions. My lawyer said well it depends on which hypothetical you are going with.

The judge then all of a sudden said the proceedings are included. We both thought we one. My lawyer then asked the judge if that meant he went with the second hypo. The judge said that no it didn't mean that. My lawyer asked permission to ask questions. Judge said that they were off the record. The lawyer asked to be put on the record. The judge then said to put it on the record that my lawyer requests to ask questions but that the request is denied.
The judge didn't even discuss the fact that two workmans comp doctors found me totally disabled. I really don't know what to think. My lawyer said it looked favorable even though the judge acted like that ......just for the simple fact that he didn't let him ask any questions Cauz that was my right. I need some advice. I don't know what to think. It takes months to get a decision.




This sounds very similar to my situation. My neurosurgeon gave me a work status report in May that said i would be able to return to work on July 2, 2012. Had a visit with him on July 10, 2012 and he released me and said i needed a fusion in the same breath. My lawyer wasnt familiar with the judge and couldnt read her at all. She only told me that if the judge went with what the VE said it sounded like i could win but on the other hand the judge could change her mind.
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