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Old 04-13-2013, 01:06 PM
finz finz is offline
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Join Date: Feb 2007
Posts: 1,804
15 yr Member
finz finz is offline
Senior Member
 
Join Date: Feb 2007
Posts: 1,804
15 yr Member
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Quote:
Originally Posted by Brain patch View Post
I also was found unable to do my past job at the ALJ hearing and the vocational expert came up with three jobs and my lawyer said "would a person be able to do those jobs if they could only perform them for an hour a day and missed 3 or more days a month"? The vocational expert said "No, in a case like that there would be no jobs the person could perform". I was still denied. This was after I had liver and kidney failure and could barely get out of bed to bath and use the bathroom. Plus I have a whole list of other conditions. Every condition I have is on their disability list of qualifying conditions. How did I get denied? I don't understand. If someone has any insight into how they make a decision, I would love to hear it. To me it seems totally random on who is accepted and who is denied.
Brain

Your lawyer asked that question, not the judge ? Your lawyer could be assuming that your record spells out certain facts about your disabilities that the judge just isn't seeing. Why the judge isn't seeing that, we just can't say. Maybe the judge shouldn't be a judge. Maybe the record just isn't as clear as it should be. Maybe there is a conflict in some of the documentation.

The judge can also consider what they can see on the day of the hearing. For instance, if an applicant's (and I'm absolutely not saying this is you, just an example of what could go wrong) documentation says they can ONLY sit up for an hour, but the judge sees them sitting, in no apparent distress, for 2 hours in the waiting room, then walking into the courtroom and sitting for the 1/2 proceedings, they might think the doctor who said that person could only tolerate being out of bed for one hour was exaggerating the patient's condition. The patient didn't do anything wrong. The record looks specific enough, but there is a conflict between what the record says and what the judge can see for himself.

There are so many potential issues, like that or like lacking documentation, that no one here can tell you exactly why you were denied.
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