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-   -   remand hearing (https://www.neurotalk.org/social-security-disability/182460-remand-hearing.html)

bretd 01-16-2013 07:34 AM

remand hearing
 
Its been 45 days since my remand hearing and stil no word. What a bunch of crap. Why do we have to suffer so long? I am so worried it will be denied again because of what the doctor they hired for my medical exam said. But they are suppose to put more weight on my doctor, in that case its a slam dunk. I dont know??? going crazy one day at a time in Michigan.

Rayandnay 01-16-2013 09:25 PM

Remand
 
Quote:

Originally Posted by bretd (Post 947916)
Its been 45 days since my remand hearing and stil no word. What a bunch of crap. Why do we have to suffer so long? I am so worried it will be denied again because of what the doctor they hired for my medical exam said. But they are suppose to put more weight on my doctor, in that case its a slam dunk. I dont know??? going crazy one day at a time in Michigan.

What does your attorney say, and how old are you?

bretd 01-17-2013 10:10 AM

Quote:

Originally Posted by Rayandnay (Post 948140)
What does your attorney say, and how old are you?

My attorney did'nt see the ss doctor report until just before the hearing when we were going over everything. He says even with that I have a case to win if not with this judge then with the appeals council. I am 45. Before my last hearing my lawyer told me this is the worst judge in the state maybe in the country. His approval rate is 9%. So dam the bad luck right. It has been a 4 year fight to this pointe. I was injured at work in 2005, had two open back surgery's the last one was a triple spinal fusion in 2009.

mg neck prob 01-17-2013 10:20 AM

Quote:

Originally Posted by bretd (Post 947916)
Its been 45 days since my remand hearing and stil no word. What a bunch of crap. Why do we have to suffer so long? I am so worried it will be denied again because of what the doctor they hired for my medical exam said. But they are suppose to put more weight on my doctor, in that case its a slam dunk. I dont know??? going crazy one day at a time in Michigan.

HI Bret ---wow this is so unfair I still cant believe the system. Just wanted to tell you Im sorry this has not happend for you yet!!

Rayandnay 01-17-2013 10:54 AM

Queens,Ny
 
Quote:

Originally Posted by bretd (Post 948229)
My attorney did'nt see the ss doctor report until just before the hearing when we were going over everything. He says even with that I have a case to win if not with this judge then with the appeals council. I am 45. Before my last hearing my lawyer told me this is the worst judge in the state maybe in the country. His approval rate is 9%. So dam the bad luck right. It has been a 4 year fight to this pointe. I was injured at work in 2005, had two open back surgery's the last one was a triple spinal fusion in 2009.

If you get a chance, google NY Times January 11,2013 article on possible lawsuit settlement against bias aljs, because I think this has changed the landscape on being a mean judge who rules with a iron fist and rules not on facts right in front of him, but decides because he personally does not like or believe that person. Finally the little guy has a forum, it may take some time, a lawsuit, but now we have more than just Appeals Council to check their own people, plus Congress is wondering how one judge can approve 75 per cent versus the other guys 40 per cent. You better have your i"s dotted and T"s crossed.

finz 01-17-2013 09:09 PM

I hope that you hear soon bret

Janke 01-17-2013 10:38 PM

Quote:

Originally Posted by Rayandnay (Post 948243)
If you get a chance, google NY Times January 11,2013 article on possible lawsuit settlement against bias aljs, because I think this has changed the landscape on being a mean judge who rules with a iron fist and rules not on facts right in front of him, but decides because he personally does not like or believe that person. Finally the little guy has a forum, it may take some time, a lawsuit, but now we have more than just Appeals Council to check their own people, plus Congress is wondering how one judge can approve 75 per cent versus the other guys 40 per cent. You better have your i"s dotted and T"s crossed.

It could be that the ALJ who approves 75% is the one not following the law and regulation. Just saying.

It is the job of an Administrative Law Judge to make a judgment and assess credibility. There are people who lie and exaggerate and pretend to be disabled. That is not intended to be a personal indictment, but an observation.

Since there is not enough money to pay the current obligations *edit* it is doubtful that Congress is going to make it easier to qualify. But who knows. *edit*

Rayandnay 01-18-2013 01:07 AM

Remand
 
Quote:

Originally Posted by Janke (Post 948444)
It could be that the ALJ who approves 75% is the one not following the law and regulation. Just saying.

It is the job of an Administrative Law Judge to make a judgment and assess credibility. There are people who lie and exaggerate and pretend to be disabled. That is not intended to be a personal indictment, but an observation.

Since there is not enough money to pay the current obligations *edit* it is doubtful that Congress is going to make it easier to qualify. But who knows. *edit*

*edit*this is about people who have worked all their lives and because of a disability cannot work, need help from a system they helped fund for the majority of their lives. It amazes me how honest people are lumped in with crooks, and how no one came to them when they were working hard and say, you need to take it easy, here's a program that will pay you to stay home, have 5 kids out of wedlock, work the system, and just relax, you don't need to start your 40th year on the job.

Janke 01-18-2013 01:42 AM

Quote:

Originally Posted by Rayandnay (Post 948476)
*edit* this is about people who have worked all their lives and because of a disability cannot work, need help from a system they helped fund for the majority of their lives. It amazes me how honest people are lumped in with crooks, and how no one came to them when they were working hard and say, you need to take it easy, here's a program that will pay you to stay home, have 5 kids out of wedlock, work the system, and just relax, you don't need to start your 40th year on the job.

To qualify for SSDI, you don't have to have worked all your life - 10 years is usually enough if you have five years in the last ten. To qualify for SSI, you don't have to have worked at all.

In order to sort the crooks from the honest people, there has to be someone to judge, there has to be a system. It cannot be determined only by individual opinion of the applicant. Most people who apply for disability benefits believe that they are disabled enough to qualify. A few people file and think they can scam the government, but that is not the majority. However, if you could compare your life to all other applicants, you would find that some are sicker or more limited than you and others are less sick and less limited to you. There has to be a line drawn. And the interpretation of the law that defines that line has to be done by a person trained to do so, an ALJ or a DDS analyst.

People can become severely disabled at any age, more likely as they get older, but it can happen anytime - accident, illness, injury.

bretd 01-18-2013 12:02 PM

Quote:

Originally Posted by Janke (Post 948444)
It could be that the ALJ who approves 75% is the one not following the law and regulation. Just saying.

It is the job of an Administrative Law Judge to make a judgment and assess credibility. There are people who lie and exaggerate and pretend to be disabled. That is not intended to be a personal indictment, but an observation.

Since there is not enough money to pay the current obligations *edit* it is doubtful that Congress is going to make it easier to qualify. But who knows. *edit* .

You don't know me from Adam, You don't know what I go thru on a daily basis. And I'll bet you never had a tripal fusion. If you think the system works you must be in another country, *edit*. There are bais Judges all over this country, for one reason or another think its their own money they are spending. Of course there are people all over trying to get somthing for nothing. I am not one of them. I have work my *** of since I was 16 years old. 20 of those years in concrete construction. I would give my left nut to be able to get out and work, and not put my family thru this hell. SO DON'T JUDGE ME.

LIT LOVE 01-18-2013 02:30 PM

I don't believe Janke is judging you at all.

I understand the process is incredibly stressful, it took me a very long time and SS made several major errors.

If you had worked for 5 years and had a serious injury at 21 or 23, that kept you from ever working again, you would have been no less deserving of SSDI. It's actually much more difficult to be approved when you're younger, and obviously they generally have fewer resources to fall back on when it happens.

I was lucky enough to have financial support from my family, or I would have had to turn to public assistance or been homeless.

There are ALJ's that are too tough and there are ones that are too lenient. Neither scenario is good. They should be following the law. Even when they do, it is still can be very difficult to determine because some of the issues are subjective.

Janke is the most knowledgable person about SSI and SSDI that regularly posts on NT, and is a tremendous resource. I know it can be easier said than done, but if you can try and look at the process without involving your emotions, it can help. It took me years to get to that place, lol. My mother broke down bawling in the court room when I received an on the record decision, whereas I was essentionaly shut down since I would have gone crazy (and not been as well prepared) if I had allowed myself to stress.

I hope I haven't offended you, it was not my intent.

Chemar 01-18-2013 08:24 PM

Hi everyone
I have had to do some edits as per our guidelines on becoming political in posts as well as flaming other members.

I am going to have to ask that members please remember the guidelines when posting and treat each other with respect.

These forums are supposed to be a safe haven for people to come and ask questions, discuss problems and offer support.

thanks

anne523 01-18-2013 10:32 PM

Quote:

Originally Posted by bretd (Post 947916)
Its been 45 days since my remand hearing and stil no word. What a bunch of crap. Why do we have to suffer so long? I am so worried it will be denied again because of what the doctor they hired for my medical exam said. But they are suppose to put more weight on my doctor, in that case its a slam dunk. I dont know??? going crazy one day at a time in Michigan.

Don't give up yet. I also live in Michigan. Of course as I am told happens 99% of the time I was denied. Went before the judge October 17th. My attorney had prepared me when he found out the judge I was to go before didn't approve many cases (I have RSD/CRPS). I was ready to run out the door after that. When he asked what I would like to say and I started to review my typical day....he stopped me and said he had heard enough. My heart dropped at that point, but he said he was approving pending the neurologist eval the court had sent me to. Just this past Monday (the 15th) I received letter to tell me I had been approved. But it can still take 60 to 90 days to receive my first check. I am now awaiting my award letter to see what I will receive.
So, be patient. Yes, I know easier said than done and also frustrating. Hope you hear something soon.

Janke 01-18-2013 10:34 PM

Quote:

Originally Posted by Chemar (Post 948721)
Hi everyone
I have had to do some edits as per our guidelines on becoming political in posts as well as flaming other members.

I am going to have to ask that members please remember the guidelines when posting and treat each other with respect.

These forums are supposed to be a safe haven for people to come and ask questions, discuss problems and offer support.

thanks

I apologize for making political statements. I forgot. I also did not intend to flame another member but I can see how my statements may have been perceived that way. I will work again at just keeping my mouth shut.

Ironbutterfly 01-21-2013 10:48 PM

Quote:

Originally Posted by bretd (Post 948590)
You don't know me from Adam, You don't know what I go thru on a daily basis. And I'll bet you never had a tripal fusion. If you think the system works you must be in another country, *edit*. There are bais Judges all over this country, for one reason or another think its their own money they are spending. Of course there are people all over trying to get somthing for nothing. I am not one of them. I have work my *** of since I was 16 years old. 20 of those years in concrete construction. I would give my left nut to be able to get out and work, and not put my family thru this hell. SO DON'T JUDGE ME.

Hey there- I am so sorry that this is being drug out. My hus has had 2 spinal fusions and will be having a 3rd. Consequently his ALJ hearing is in a few months. He too was denied first time. He too has worked all his life and never had any assistance from government, etc.

I hope it goes well for you...


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