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SSD Hearing appointment info needed......
This is a question going out to anyone who had to go before an Administrative Law Judge as part of their Social Security/Disability case : I finally have my appointment, I’m asking if you can you give me some firsthand advice on what to expect, anything I should know in advance, anything I should bring with me, what I should or shouldn't say (you can send me a private message if you like). I know my lawyers are going to give me their legal take, but I’m looking for the personal spin from someone who’s been there. Thanks in advance for your advice.:confused::confused:
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You should request a copy of your file from your attorney so that you can through it to verify that SS has received all of your medical records.
Without knowing the specifics of your case, it's difficult to know where to start. Here's a link that might be of some help. http://ssdfacts.com/forum/index.php?board=4.0 |
ALJ hearings are different in each case. Sort of like fingerprints. From reading the various postings here from those who have gone through ALJ hearings, no 2 are the same.
My experience: It was obvious that the judge read my file the night before as he had tabbed certain sections of my thick file. Judge was fully prepared as he peppered me w/questions. 99% of the questions were directed at me, not my attorney. There was a vocation expert at my hearing. I had witnesses on my behalf who testified. They were peppered w/questions. I was asked to leave the room (*section) while witnesses testified. My hearing was approximately 2 hours. :eek: My fully approval letter was in my hands within 30 days of my hearing. I received it 2 days before my attorney received his copy. Tip: Dress like you are going to court and/or church. In other words, dress appropriately. I was the picture of health, w/full makeup & dressed in a power suit at my hearing although I was on medication feeling miserable. *My hearing was held in the lumber section of an empty Home Depot building. :D At that time, NJ had a serious backlog of ALJ hearings - years!!! http://warmchocolatehoney.com/images/smilies/faint.gif HTH :hug: |
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As far as my history it is extensive I was originally injured in a work related incident in April of 2010(that led to my being retired on full disability) and it was those injuries that led to my being permanently disabled. There was also a second incident in 2012 that added to existing injuries and also created new injuries/disabilities. In the short version currently: I have memory and concentrations issues from post concussion syndrome, I have pain and loss of ROM in my neck for which I've already had 1 surgery and possible 1 pending, I have permanent loss of ROM and feeling in my right shoulder, arm, wrist and hand - 1 already had 1 surgery and before my hearing i'm scheduled to have another surgery I have permanent damage to my lumbar spine that my doctors say is inoperable, but after we get ALL my other surgeries done they want to try a spinal simulator to help with the constant pain and numbness that affects both my legs and feet. |
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Having one surgery pending, let alone three, might make it difficult for the ALJ to rule that you should receive a Fully Favorable Decision.
You have to remember that the standard is are you able to perform any job above the SGA (Significant Gainful Activity) level, $1090 per month. The ALJ decides your Residual Functional Capacity. If there is a Vocational Expert at your hearing, the ALJ will pose a series of hypothetical questions to him or her to determine if there are jobs you would be able to perform. If you have not had your doctors fill out RFC forms, I would HIGHLY recommend you do so. (Your doctor/s may charge you a small fee to fill this out. Some may want to have you tested before filling out the paperwork--this extra evidence is well worth it IMO. Your insurance or Work Comp may cover the cost of the testing.) http://www.disabilitysecrets.com/rfc...statement.html |
be ready to answer the question of what you do during the day. you may be asked how you got there if you cant drive. look the judge in the eye when you answer questions. dont rush into an answer, stay calm and think for a second before you answer.
remember it is how your illnesses or conditions affect your ability to work that is important not the list of conditions. how they affect your ability to sit, stand, walk, lift, bend, kneel, reach, your stamina, your ability to concentrate etc are whats important depending on your particular case of course which of those are affected. i wouldnt recommend going in too well dressed or made up if you are a woman. be yourself, how you normally dress. also dont heistate to ask the judge if you can stand if you need to during the course of the hearing, or sit back down again because of pain or discomfort. I had to do that during mine. try not to stress too much about it. everyone is nervous, its only natural. |
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The judge also reads the doctor notes which are the "chit-chat sessions" you have w/your dr. Another reason why you should have copies of all your medical records. The notes are included. :hug: |
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