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-   -   Bias alj (https://www.neurotalk.org/social-security-disability/184315-bias-alj.html)

Rayandnay 02-21-2013 02:33 AM

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

ginnie 02-21-2013 08:10 AM

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:

bretd 02-21-2013 11:21 AM

Quote:

Originally Posted by Rayandnay (Post 959018)
If a alj doesn't listen to social security own doctors, discounts your doctors, what chance does a person have?

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.

Rayandnay 02-21-2013 12:46 PM

Bias alj
 
Quote:

Originally Posted by ginnie (Post 959072)
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:

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.

ginnie 02-21-2013 01:12 PM

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:

Mz Migraine 02-21-2013 03:15 PM

Quote:

Originally Posted by Rayandnay (Post 959018)
If a alj doesn't listen to social security own doctors, discounts your doctors, what chance does a person have?

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

Quote:

this time if he denies my remand I will work with my attorney,
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.

Rayandnay 02-21-2013 03:47 PM

Bias alj
 
Quote:

Originally Posted by Mz Migraine (Post 959197)
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.

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.

Rayandnay 02-21-2013 04:31 PM

Bias alj
 
Quote:

Originally Posted by ginnie (Post 959154)
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:

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.

LIT LOVE 02-21-2013 06:10 PM

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.

ginnie 02-21-2013 06:31 PM

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:


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