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remand heaeing update
I was denied, I have'nt recieved the desicion yet, but found out from my congressman they denied me agian, ****ing hopeless.
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Denied
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Sorry to hear that bret
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Unfortunately, you'll have to appeal again. Hopefully, you'll get a different judge next time.
You mentioned in another post that your doc should be given more weight than the SS doc. Do you you only have 1 docs opinion? I'd suggest getting additional opinions. You want overwhelming evidence. I'd also consider using your local Voc Rehab Services. They'll determine if they can train you for a job and send you to their own docs as well. This would certainly be creditable documentation if you're too severely disabled for any type of job. I know in my case I had discussed many of my issues with my doc but they didn't necessarily get documented, nor did I pinpoint how they needed to be documented. If you post more concrete info once you get the denial, perhaps someone can be of help. I found my attorney was incredibly lazy, and his responses were incredibly generic. I could have found a better attorney, but ended up representing myself. While it took longer since I had a learning curve, I actually had some advantages in the process. If I had to do it over I would hire an ex SS employee (non attorney Rep) and learn the system as well. You're going to have to plan at least another year of no income, though. This might mean asking family for help, having your wife pickup a small side job, getting food stamps, selling stuff on EBay, renting out a room, selling a 2nd vehicle, etc. It is a miserable reality, but hopefully this is a temporary situation. If you have any debt, call and make arrangements to have payments halted temporarily... :( |
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Did you mean a physical therapist? It's my understanding their opinion is given very little weight in the process.
My attorney is supposed to be one of the "best" in my area for SS as well. Maybe yours is great, but it's very common for them to only review your file right before heading into the ALJ. Their commissions are too low IMO for them to justify the hours really required. Fighting for a remand is much easier IMO than getting a Fully Favorable decision. I had the barest of hurdles to contend with to prove my condition was as severe as I was claiming by the time I was in front of an ALJ (for the last time.) It seemed ridiculous. But it took countless hours to research and document, and I had several favorable doc opinions. If it's just your one doc being weighed against the SS doc, the ALJ has a much easier time handing down a denial. Clearly your ALJ is tougher than most, but that's all the more reason to give additional evidence. I'm just trying to give info that might help with your next round. I found parts of the process to be nonsensical. (Having to argue that I couldn't perform a job that existed in the mid 80's, but no longer does, for example.) It is what it is. One last strategy is to to try and work. I'm assuming you'd be terminated very quickly and a pattern documenting that your disability precludes you from any type of job would help you. Again, Voc Rehab, would be a good place to start. |
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