Just had my ssdi hearing and need advice
 

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.

Wow. Every state seems to be different in awarding SSDI. I was awarded SSDI at the end of my hearing.

I had also gone through the three denials before I received a hearing.

But I know of a person who didn't go through any denials and received SSDI on the first try.

Different illnesses, different states, different judges. There doesn't appear to be any uniformity in their method of decision.

If I remember correctly, if you don't receive a favorable hearing, you may be able to appeal the decision within a certain time frame.

Lots of information at social security website.

Does your lawyer do a lot of SSDI cases ?

To me, it sounds inappropriate for the lawyer to ask specific questions which would essentially demand a ruling from the judge during the hearing. Here in Massachusetts, the approval/denial ruling comes AFTER the hearing. Answering if the judge planned on "using the second hypothetical" would have revealed the ruling would be an approval if the judge said yes. As Psych said, maybe it's different from state to state.

Can I assume from your lawyer's focus on the second hypothetical that you DO have to lay down for 48 minutes a day ? Would that have to be DURING the workday and not a rest period after work ?

In my ALJ hearing, the judge asked me if my medical record was correct that I had to lay down frequently during the day and often nap during that time (chronic pain makes for poor sleeping at night). I said, "Yes." She next asked the voc rehab specialist if there were any jobs available that could accommadate my need to lay down during the workday. He said, "No." The ALJ immediately said, "Thank you very much everyone. I believe I have all of the information I need. You will be notified by mail of my decision."

My lawyer told me outside the court that he couldn't make any guarantees, but that he would be SHOCKED if I wasn't approved after that.

While I was waiting for the judge's decision, I happened to check my bank balance and noticed an extra $50,000+ in there after a direct deposit from the US government........ (my backpay). A few days later, I got my approval letter in the mail.

Like my lawyer, I don't want to give you false hope, but it sure sounds like this is going your way IF you would have to lay down during a hypothetical work day.

My fingers are crossed that you'll get good news soon.

hello
 

So, How long was it before you recieved your backpay in your bank?
I just had my hearing as well and i am waiting for my backpay. Thank you. Babytoes



To me, it sounds inappropriate for the lawyer to ask specific questions which would essentially demand a ruling from the judge during the hearing. Here in Massachusetts, the approval/denial ruling comes AFTER the hearing. Answering if the judge planned on "using the second hypothetical" would have revealed the ruling would be an approval if the judge said yes. As Psych said, maybe it's different from state to state.

Can I assume from your lawyer's focus on the second hypothetical that you DO have to lay down for 48 minutes a day ? Would that have to be DURING the workday and not a rest period after work ?

In my ALJ hearing, the judge asked me if my medical record was correct that I had to lay down frequently during the day and often nap during that time (chronic pain makes for poor sleeping at night). I said, "Yes." She next asked the voc rehab specialist if there were any jobs available that could accommadate my need to lay down during the workday. He said, "No." The ALJ immediately said, "Thank you very much everyone. I believe I have all of the information I need. You will be notified by mail of my decision."

My lawyer told me outside the court that he couldn't make any guarantees, but that he would be SHOCKED if I wasn't approved after that.

While I was waiting for the judge's decision, I happened to check my bank balance and noticed an extra $50,000+ in there after a direct deposit from the US government........ (my backpay). A few days later, I got my approval letter in the mail.

Like my lawyer, I don't want to give you false hope, but it sure sounds like this is going your way IF you would have to lay down during a hypothetical work day.

My fingers are crossed that you'll get good news soon.[/QUOTE]

Hi babytoes,

I got my backpay a few weeks after my hearing.

How did your hearing go ? Did you have a lawyer with you ? Do you (both) think it went well ?

Have you gotten your ruling yet ?

It sounds odd, the way the judge acted,, not bad just odd. They think they are gods, I recieved my denial within 3 weeks so it should'nt talk long. I appealed my denial and won, it is sent back down for another hearing, more than likely with the same asshole judge. I wish you only the best of luck.

Hi Finz
 

Finz,
Yes , the jugde ruled in my favor at the hearing. So i am waiting on my backpay. Yes i had a lawyer and he told me we had a good case. Thanks for answering my question.

Have you received your approval letter yet ?

I THINK (hopefully someone will correct me if I'm off here), that you are supposed to get the letter w/i 60 days and the backpay w/i 90 days.....but as I experienced, sometimes one may be quicker than the other.

Hope you get it soon !

I believe you are correct especially if one elects direct deposit instead of a "paper" check.
I received my back pay approximately 2 wks after I received my approval letter. :eek: And I would not have known about it if I didn't call my bank to check on something w/my account. What a delightful surprise!!! :)

"Paper" checks are going to be eliminated = Social Security Benefits Checks Go Electronic

your right about that.i got approved in a "SS"office.no judge or lawyer

Finz I am confused. Sorry if I made any impresion that my representative, made any type of inappropriate question of the alj judge. She was given the opportunity to question the "physicain". She never asked the judge on anyone else for a ruling during the hearing. Only the physician address other areas of my medical history that they seemed to want to ignore. Next is the confusing part I was wondering about. I was asked no question about my condition by the judge or anyone else. The judge completely skipped my testimony. Sorry, I sometimes have trouble making sense. And the part about my representative stating, by me not being given opportunity to testify or be asked questions about my general effects of my health. She felt was a very good thing. No I was not asked if I had to lay down and rest with activity. But it definately applies. I just have never read on any post where a judge listens to a physician and voc rehab then, nothing by the claimant. I am sure that I should just trust my representative, just overthing things. I appreciate your response. Thanks again god bless

So Sorry Finz, had made a post almost with the same name. and I appologize for thinking that you were talking about my post. No wonder I was confused. I thought when I made the response it did not post. Again sorry for confusion, no hard feelings I hope.

lol....thanks for the update.....I was scratching my head reading that. I thought maybe you had two different member names.

It can be confusing here with people with similar situations.

OK....we are all straightened out now !

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.

Still Waiting ..no approval yet
 

Thanks everyone for all the advice.. it has only been 6 weeks since my hearing. Judge did approval me the same day... Thanks Finz I dont know how true this is but, i read some where that it also depend on your condition.
Does anyone know if that is true? I am talking about how fast you get your approval. Thanks in advance.

I don't see why what the medical condition is would make a difference in how fast they mail out the decision letter.....if that is what your questions is.

I can see how what the medical condition is could make a difference in how fast they are able to make a decision.....if that was your question. I can't imagine the type of medical condition making a difference in the speed of the decision of something that made it all the way to the ALJ level.

There are some dx's that the SSA is quick to approve. I've heard conditions like ALS and stage 4 cancers with a terminal dx are 'auto' approved. I can't imagine things like that getting to the ALJ level though.

confuzed
 

i had my hearing a few weeks ago, stayed in hearing about 20 min.didnt even get to the vocational part judge only asked my name and work history my lawyer told me it went well and told me he was very optimistic about my case that we won at the hearing but im still stressed cause the judge didnt say anything about me being approved for disability (

I was denied twice, then lost first ALJ hearing, and appealed. At the second hearing the judge told me that she was going to set an onset date 2 1/2 years prior to my application date.

About 6 weeks later the back pay just showed up in the bank, and the award letter was about 2 weeks later. It took about 60 days to start getting the monthly amount.

I hope the judge rules in your favor, it is so hard to call.

Just to clarify, a person's Alleged Onset Date of disability can be whatever they claim, but the maximum amount of backpay is 12 months prior to filing an application.

The judge usually doesn't tell the applicant at the hearing whether they plan to approve or deny them, unless a bench decision has been arranged........

So, don't be discouraged because the judge didn't say anything.

Try to have trust in your lawyer. Usually, if a lawyer has any doubts at all, he would not be so encouraging. He wouldn't want to risk your anger if he were wrong.