Bias alj
 

If a alj doesn't listen to social security own doctors, discounts your doctors, what chance does a person have?

i rayandnay
 

Please don't give up. It takes a long time to qualify. My own took 4 years, in which I had 5 surgeries. If you have a lawyer working with you toward this, he can help get your appeals going a bit faster. The system is terribly overloaded, and almost everyone gets turned down a time or too. There is hope, and don't loose that hope. Write to your congressman too. I did that, and I do believe it helped my case. Also personal letters from your doctors to the judge can help, not just a case report full of symptoms etc. I also had every person who knew me and my medical conditions also write a letter to the judge. The personal letter from my PCP is what the judge finally listened to. Ask any detailed questions to the SS forum. More of us will respond to you. You will be in my thoughts. I wish going through this process was not so difficult. Those of us in pain with medical conditions suffer terribly during that whole process. ginnie:grouphug:

I have the worse Judge you can have, so I know the feelings you have. he gave no weight to my doctor who I have seen for years, and gave all the weight to a doctor they sent me to, who saw me 4 min. I swear to god that is all he saw me for. This is my second hearing in front of this Judge, so, if it gets sent down from the appeals council again we already have ask for another Judge. I wish you the best.

Bias alj
 

This is year 7 for me, I have done everything you have suggested, this time if he denies my remand I will work with my attorney, but I will look into class action lawsuit like the one in Queens, Ny, that seems to be the only way to get people to listen.

Hi rayandnay
 

Good grief 7 years? Was it the same judge the whole time? Did you request a different judge? Can you tell me your medical issues? Your age? I feel so bad for you. Wish I had more Ideas. Are you male or Female, and can you prove that you cannot do any gainful employment. That is the issue, if you can do something, even a walmart greeter, they will want you to work. Keep in touch. I will keep thinking. ginnie:hug:

You file at the Federal level. Read the info on the SSDI website - http://www.socialsecurity.gov/pubs/10041.html

Why didn't you work w/your atty previously? :confused:

7 years is a long time from beginning to end regarding SSDI. Apparently, your state has a serious backlog. I thought my state was bad! Took me a total of 3 1/2 years to receive final approval. Class action law suits or any law suit for that matter will only prolong the backlog. Unfortunately, due to the depression (current economic conditions), more folks are filling for SSD benefits than ever before! It appears, you are caught between a rock & hard place.

Bias alj
 

It's not that I didn't work with attorney, what I meant, I will work with them on a second remand, but I will explore a class action lawsuit modeled after the one in Queens,Ny against bias aljs. One judge approves 68 percent vs 38 percent, even I can see a problem there.

Bias alj
 

2nd judge, awaiting 3rd hearing after remand from appeals council. Can't request a different judge. I suffer from type 2 diabetes, obesity, hypertension and severe depression, taking medication for all. I am now 57, was 50 when I started process.

If you change your onset date to age 55 the threshold for approval is reduced. You might not want to give up the backpay, and it could reduce your monthly benefits, but you may want to discuss this option with your attorney if you haven't already.

Hi Rayandnay
 

If you are going to a psychiatrist, he or she can also write to the effect that you have mental issues. Each doctor that you see, should write a letter stating your disability, also all the people who know you. The more you have stacked in your favor the better. Your age did hurt you. I started the process at 55, and just squeeked by with quarters worked. I had lost quarters, taking off for medical reasons. Little luv is also correct, starting the process from 55 may help you. Do post to the SSD forum and see what others can recommend to you. You will be in my thoughts and prayers. None of this is easy. ginnie:grouphug:

Bias alj
 

Both my doctors have submitted Rfc forms, I just got word today my case is being looked at for second time for possible otr. I wonder if writing my senator, my congressman, Michael Astrue, The President, the appeals council, and local social security office had any effect

Hi Ray
 

I am not talking about a form to submit from your doctors. I am talking about a personal letter, to go with that form. This is your doctors opinion worded in another way, to help your case. At my last hearing, it was my doctors personal letter that was brought up at the court, not the forms, not the rest of the stuff submitted. It was so potent, he read part of it outloud. I was granted the disability on the spot. Even my lawyer was surprised at how it affected the judge. There were also two in there who represented the state, they had nothing to add. This was after 4 years of denials. Those personal letters came from every person I knew, and every doctor I had. In my opinion this helped my case more than all the evaluations in the world. Doc. took a personal interest in what was happening to me. I also went to congressmen and every other soul I could think of. I sure hope you get the help you need. ginnie

I am still trying to figure out how to have the judge that I had investigated, I have ask my congress person about it more than once and they dont give me a answer, when I figure it out I will let you know.

Ginnie is giving you good advice. I had my pulmonary doctor and neurologist write letters and i was approved at the alj hearing on the spot. it really does help in some cases.

I'm sorry that you are going through this.

I don't mean to sound too nosy about your whole medical history and symptoms, but I am especially curious what the SSDI docs said about your condition and ability to work. If you feel comfortable discussing that portion of your case, without disclosing too much, I'd be interested to hear that. I agree with you on not understanding how an ALJ could discount that part of your documentation.

Bias alj
 

That's just it, they said based on their examine, my depression is severe, the appeals council repeatedly questioned why no weight was not given to their opinion in their remand order.

If they only discussed that your depression is severe, without explaining WHY that means you can't work, THAT is the problem. The diagnosis doesn't keep you from working. How your symptoms affect your abilities might keep you from work. If the SSDI doc didn't explain what your limitations are, the judge doesn't have more proof of a disability from him.

Again, you shouldn't disclose more than you are comfortable with......I'd be curious to see exactly what the SSDI doc wrote if you posted it here, BUT you could also just say, "No, he explained all of that very well, it still didn't make a difference."

Bias alj
 

There's a lot more to their report, but that's the conclusion to the matter, the point is, that's their doctors, that's their analysis, who do I go to after them, a doctor who the alj picks out, who will read from a script prepared by the alj. At 57, who wants someone who needs 4 days off, and needs to lay down most of the day. There's a reason they call it Medical-Vocational Allowance, their own rules.

Bias alj
 

Google Queens, Ny lawsuit against bias aljs, this is a groundbreaking settlement because no one has ever dared to try this.