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bretd 04-02-2013 02:01 PM

appeals council again
 
My Lawyer finally sent in the brief for the appeals council. This is the second appeal to them. I am going crazy dealing with this crap. My Lawyer listed a laundry list of things the judge did wrong. I want to report this Judge for bias, does anyone know how to do that????I am sure everyone that gets denied wants to do the same thing, but we have overwhelming evidience against this judge. So its not just about being ****** that I was denied twice. I have ask my Congressman for there help in reporting him, and they have gave me the runaround. Any help would be nice. Thank You.

LIT LOVE 04-02-2013 03:19 PM

If you prevail, perhaps you'll be sent to another ALJ this time. You could post this question at a website that just deals with SSDI/SSI issues like SSDfacts.com I suppose.

Personally, I'd focus on improving documenting my case for my next ALJ hearing. It's unfortunate they no longer allow 2nd applications while pursuing an appeal...

Ironbutterfly 04-02-2013 06:09 PM

Quote:

Originally Posted by bretd (Post 971278)
My Lawyer finally sent in the brief for the appeals council. This is the second appeal to them. I am going crazy dealing with this crap. My Lawyer listed a laundry list of things the judge did wrong. I want to report this Judge for bias, does anyone know how to do that????I am sure everyone that gets denied wants to do the same thing, but we have overwhelming evidience against this judge. So its not just about being ****** that I was denied twice. I have ask my Congressman for there help in reporting him, and they have gave me the runaround. Any help would be nice. Thank You.

Hey there- I am sorry that you got a bad Judge. Is there a chance you would get this Judge again in Appeals? Not sure how this works. But what if you filed a complaint then came before this same Judge? I can't imagine he would give you a favorable decision. Too bad about Congressman not helping you at all- they are too help the people they represent. What is Congressman saying? Sorry can't help or just telling you to file appeal and wait it out?

Ironbutterfly 04-02-2013 06:21 PM

[QUOTE=bretd;971278]My Lawyer finally sent in the brief for the appeals council. This is the second appeal to them. I am going crazy dealing with this crap. My Lawyer listed a laundry list of things the judge did wrong. I want to report this Judge for bias, does anyone know how to do that????I am sure everyone that gets denied wants to do the same thing, but we have overwhelming evidience against this judge. So its not just about being ****** that I was denied twice. I have ask my Congressman for there help in reporting him, and th?

Also wondering did you get your CD from SS? I got ours and went thru it and printed it out. I see from original application that there were some wrong comments made by the analyst, reviewer. One was they stated he went to church. We wrote that he did not because he wasn't able to sit or stand for length of church. There were some other comments that made it appear he wasn't all that off disability wise.

So go thru all your paperwork and make sure it's accurate.

Rayandnay 04-02-2013 11:14 PM

Queens,Ny
 
Quote:

Originally Posted by bretd (Post 971278)
My Lawyer finally sent in the brief for the appeals council. This is the second appeal to them. I am going crazy dealing with this crap. My Lawyer listed a laundry list of things the judge did wrong. I want to report this Judge for bias, does anyone know how to do that????I am sure everyone that gets denied wants to do the same thing, but we have overwhelming evidience against this judge. So its not just about being ****** that I was denied twice. I have ask my Congressman for there help in reporting him, and they have gave me the runaround. Any help would be nice. Thank You.

Google how they went about it in Queens,Ny, a landmark decision that addressed bias aljs and forced social security to make all kinds of changes, it's the way of the future. I'm still hoping 60 minutes will blow the lid off this entire process one day, it just doesn't have any rhyme or reason.

Janke 04-02-2013 11:57 PM

Quote:

Originally Posted by bretd (Post 971278)
My Lawyer finally sent in the brief for the appeals council. This is the second appeal to them. I am going crazy dealing with this crap. My Lawyer listed a laundry list of things the judge did wrong. I want to report this Judge for bias, does anyone know how to do that????I am sure everyone that gets denied wants to do the same thing, but we have overwhelming evidience against this judge. So its not just about being ****** that I was denied twice. I have ask my Congressman for there help in reporting him, and they have gave me the runaround. Any help would be nice. Thank You.

Adminstrative Law Judges are paid to judge, not rubber stamp an application. In this forum, many people refer to their ALJ as a good one (approves everyone) or a bad one (denies everyone). There are also the complaints about how only the truly disabled should be approved but how can that be done without a standard and someone with the authority to apply the standard, to judge. Any time someone is given the authority to make a judgement, to make a decision, they will use the evidence available and choose one side or the other. You may disagree with the conclusion, but how is that a bias that means a judge is not doing his job?

Probably shouldn't provide your 'overwhelming' evidence here, but other than disagreeing with your lawyer's argument and drawing a different conclusion about whether or not you are disabled, what kind of bias is the judge applying? Were you denied because of your skin color, your gender, your religious affiliations? Or did the ALJ just disagree with you and conclude that the medical evidence did not substantiate your statements?

Most of us would actually be biased in our own favor because we think we are right. Someone having a different opinion than you is not necessarily a bias. So if an ALJ approved you, that would prove he/she was not biased because that is the only right conclusion?

bretd 04-03-2013 09:00 AM

Quote:

Originally Posted by Janke (Post 971468)
Adminstrative Law Judges are paid to judge, not rubber stamp an application. In this forum, many people refer to their ALJ as a good one (approves everyone) or a bad one (denies everyone). There are also the complaints about how only the truly disabled should be approved but how can that be done without a standard and someone with the authority to apply the standard, to judge. Any time someone is given the authority to make a judgement, to make a decision, they will use the evidence available and choose one side or the other. You may disagree with the conclusion, but how is that a bias that means a judge is not doing his job?

Probably shouldn't provide your 'overwhelming' evidence here, but other than disagreeing with your lawyer's argument and drawing a different conclusion about whether or not you are disabled, what kind of bias is the judge applying? Were you denied because of your skin color, your gender, your religious affiliations? Or did the ALJ just disagree with you and conclude that the medical evidence did not substantiate your statements?

Most of us would actually be biased in our own favor because we think we are right. Someone having a different opinion than you is not necessarily a bias. So if an ALJ approved you, that would prove he/she was not biased because that is the only right conclusion?

You sound like the judge's brother. The judge has a 7% approvel rating, thats the bais, against people who are disabled and denied by him. Do you really think 93% of the claims he denied were correct? And if you seen everything in my case and the reason's he denied me you would understand. Thanks for the reply......

echoes long ago 04-03-2013 09:47 AM

Recently, in the last year or so, I have read in the news of several ALJ's who were forced to either retire or resign because their approval rate was too high. I have yet to see an ALJ forced to resign because their approval rate is too low. There is no justification for a 7% approval rate. None.

LIT LOVE 04-03-2013 10:19 AM

I'd like to offer some practical advice. Listen to your attorney. Wait to see what the Appeal's Council decides. At the point you are looking at a Federal lawsuit, than drastic majors like pursuing a lawsuit against an ALJ would be more appropriate, because if you think getting a fully favorable decision is a battle, getting an ALJ removed would be much more difficult. Get your approval and than you could try and bring attention to the problem of ALJs with so few approvals.

It took me many years to get my FF decision. Some of the delays were inexcusably SS's fault. (They lost the paperwork for my appeal for example.) But, in retrospect, most of the delays were caused by me, for a variety of reasons. You truly need overwhelming evidence in a scenario like yours, and that was what I realized, I had a mountain of medical records, but I needed to have my docs address what SS felt was vital, not what I logically thought was needed.

Ironbutterfly 04-03-2013 12:10 PM

Bretd's Judge
 
Quote:

Originally Posted by Janke (Post 971468)
Adminstrative Law Judges are paid to judge, not rubber stamp an application. In this forum, many people refer to their ALJ as a good one (approves everyone) or a bad one (denies everyone). There are also the complaints about how only the truly disabled should be approved but how can that be done without a standard and someone with the authority to apply the standard, to judge. Any time someone is given the authority to make a judgement, to make a decision, they will use the evidence available and choose one side or the other. You may disagree with the conclusion, but how is that a bias that means a judge is not doing his job?

Probably shouldn't provide your 'overwhelming' evidence here, but other than disagreeing with your lawyer's argument and drawing a different conclusion about whether or not you are disabled, what kind of bias is the judge applying? Were you denied because of your skin color, your gender, your religious affiliations? Or did the ALJ just disagree with you and conclude that the medical evidence did not substantiate your statements?

Most of us would actually be biased in our own favor because we think we are right. Someone having a different opinion than you is not necessarily a bias. So if an ALJ approved you, that would prove he/she was not biased because that is the only right conclusion?

I know who Bretd's Judge was and he rarely APPROVES a case, very very high denial percentage according to their own website as of 2/28/13. So- There is definitely something wrong with this Judge.


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