advertisement
Closed Thread
 
Thread Tools Display Modes
Old 04-13-2010, 12:44 AM #1
Christian Christian is offline
Junior Member
 
Join Date: Mar 2010
Posts: 22
10 yr Member
Christian Christian is offline
Junior Member
 
Join Date: Mar 2010
Posts: 22
10 yr Member
Default End of the line, six years of despair

Just recieved my seventh denial in six years(including two ALJs). ALJ turned me down cold, this despite total support from both my internist of 12 yrs and my neurologist of 7 yrs including totally supportive RFCs.
In his decision this evil man stated that they were simply not credible and he afforded them no weight whatsoever, while he went out of his way to declare the opinion of some SSA skank who'd never even lain eyes on me, was of substantial weight!
In calling me a liar he stated that while I was severely affected by my degenerative disc disease(severe in my cervical spine and moderately severe in my lumbar)the fact that I had come through the work comp system made it likely I was a liar! His actual quote was "which could have served as a disincentive to return to work, reducing the claimants overall credibility!"
This man completely ignored my treating doctors in favor of his SSA hack, and an insurance company sponsored IME from SIX YEARS AGO! I cannot use my arms and this bastard shamelessly cast me under the bus. I cannot possibly communicate my despair, I have nothing left, nothing! My case was rock-solid, this was the result of a man who wanted to inflict as much pain as was humanly possible, and he did just that.
My attorney will appeal to the APC which will rubber stamp it and then that will be that, of course my insured status ran out in december 09 leaving me unable to file a new claim and die in the gutter which is exactly what will happen.
Christian is offline  
Old 04-13-2010, 05:08 AM #2
plgerrard's Avatar
plgerrard plgerrard is offline
Member
 
Join Date: Feb 2010
Location: East Tennessee
Posts: 192
10 yr Member
plgerrard plgerrard is offline
Member
plgerrard's Avatar
 
Join Date: Feb 2010
Location: East Tennessee
Posts: 192
10 yr Member
Default

I can't imagine how disillusioned you must feel right now, but you certainly have my sympathy.

I'm surprised by the judge's attitude toward Workers Comp. I would have thought that would support your claim, not hurt it. I've seen people suggest writing your congressman. You might give that a try.

I wish you the best.
__________________
.

.

.
My SFN story:
.
plgerrard is offline  
Old 04-13-2010, 10:09 AM #3
Christian Christian is offline
Junior Member
 
Join Date: Mar 2010
Posts: 22
10 yr Member
Christian Christian is offline
Junior Member
 
Join Date: Mar 2010
Posts: 22
10 yr Member
Default

Quote:
Originally Posted by plgerrard View Post
I can't imagine how disillusioned you must feel right now, but you certainly have my sympathy.

I'm surprised by the judge's attitude toward Workers Comp. I would have thought that would support your claim, not hurt it. I've seen people suggest writing your congressman. You might give that a try.

I wish you the best.
Not disillusioned, rather psychically dead, devoid of hope and utterly tiny and insignificant, what an evil evil fortune.
Christian is offline  
Old 04-13-2010, 10:10 AM #4
jana's Avatar
jana jana is offline
Member
 
Join Date: Apr 2009
Location: Tenn
Posts: 554
15 yr Member
jana jana is offline
Member
jana's Avatar
 
Join Date: Apr 2009
Location: Tenn
Posts: 554
15 yr Member
Default

Oh, Christian, my heart is breaking for you. You have been in my thoughts and prayers.

Now -- to further action. Like "p" said, contact ALL of your state and national legislators -- you can do this via email -- and they WILL stay on top of this. I would ALSO contact newspapers and TV stations. At a time like this -- with the health care at the TOP of the news, YOUR story should be a great human interest piece. Remember the squeaky wheel gets the grease!!!
__________________
~jana
jana is offline  
Old 04-13-2010, 07:02 PM #5
SSDIHelp SSDIHelp is offline
Member
 
Join Date: Oct 2009
Location: Long Beach, CA
Posts: 113
10 yr Member
SSDIHelp SSDIHelp is offline
Member
 
Join Date: Oct 2009
Location: Long Beach, CA
Posts: 113
10 yr Member
Default Justified Anger

You are completely justified in your anger. It certainly sounds like you had a solid case. Although your coverage date has past you can s tilll re-apply for
SSI. It wouldn't be has much money but it would be something.
Also the Appeals Council statistics for approving cases is better than the ALJ level 98% of cases get appproved at the Appeals Council so have some hope. Maybe the Appeals judge will be more compassionate.
__________________
Respectfully,
Trudi
SSDIHelp is offline  
Old 04-13-2010, 09:44 PM #6
echoes long ago's Avatar
echoes long ago echoes long ago is offline
Senior Member
 
Join Date: May 2008
Location: new york
Posts: 1,581
15 yr Member
echoes long ago echoes long ago is offline
Senior Member
echoes long ago's Avatar
 
Join Date: May 2008
Location: new york
Posts: 1,581
15 yr Member
Default

go to the federal court of appeals if you have to. dont give up.many people have been successful at the court level.
echoes long ago is offline  
Old 04-14-2010, 12:34 PM #7
legalmania legalmania is offline
n/a
 
Join Date: Feb 2010
Location: The nicest and cleanest city in Georgia
Posts: 440
10 yr Member
legalmania legalmania is offline
n/a
 
Join Date: Feb 2010
Location: The nicest and cleanest city in Georgia
Posts: 440
10 yr Member
Default

Oh my goodness, while your depressed here is a little more bad news, this is how long you can expect to wait for your decision from the appeals council. You may want to discuss with your attorney going straight to Federal Court. The appeals council may reverse it back to the ALJ or may overturn it. Do you have a psychiatrist? If you have mental problems it may help here.

http://www.ssa.gov/appeals/ac_statistics.html
legalmania is offline  
Old 04-16-2010, 12:31 PM #8
Christian Christian is offline
Junior Member
 
Join Date: Mar 2010
Posts: 22
10 yr Member
Christian Christian is offline
Junior Member
 
Join Date: Mar 2010
Posts: 22
10 yr Member
Default

Quote:
Originally Posted by legalmania View Post
Oh my goodness, while your depressed here is a little more bad news, this is how long you can expect to wait for your decision from the appeals council. You may want to discuss with your attorney going straight to Federal Court. The appeals council may reverse it back to the ALJ or may overturn it. Do you have a psychiatrist? If you have mental problems it may help here.

http://www.ssa.gov/appeals/ac_statistics.html
You cannot proceed directly to federal court, you must proceed through the administrative obstacles they've set in place as a discouragement to all applicants, only then may you take the bastards in front of an actual judge in a real courtroom! Of course first you must find a real attorney to accept your case, mine, who in the waiting room told me my case was strong, and that he'd take me all the way through the federal process is suddenly not available to talk with me regarding my denial!
No surprise there, my previous attorneys entire appeal to Falls Church quoted here for your benefit, "We disagree with the ALJs ruling!"
Christian is offline  
Old 04-16-2010, 01:14 PM #9
Twinkletoes's Avatar
Twinkletoes Twinkletoes is offline
Grand Magnate
 
Join Date: Jan 2008
Location: Beautiful central Utah
Posts: 4,611
15 yr Member
Twinkletoes Twinkletoes is offline
Grand Magnate
Twinkletoes's Avatar
 
Join Date: Jan 2008
Location: Beautiful central Utah
Posts: 4,611
15 yr Member
Default

I'm so sorry for the bad decision. Please don't despair. Let your anger help you to find a reason to keep on fighting.
__________________
Rochelle
.



.


I've lost my mind ... and I don't miss it!


LIFE HAS NO REMOTE -- GET UP AND CHANGE IT YOURSELF!
Twinkletoes is offline  
Old 04-16-2010, 04:51 PM #10
legalmania legalmania is offline
n/a
 
Join Date: Feb 2010
Location: The nicest and cleanest city in Georgia
Posts: 440
10 yr Member
legalmania legalmania is offline
n/a
 
Join Date: Feb 2010
Location: The nicest and cleanest city in Georgia
Posts: 440
10 yr Member
Default

Quote:
Originally Posted by Christian View Post
You cannot proceed directly to federal court, you must proceed through the administrative obstacles they've set in place as a discouragement to all applicants, only then may you take the bastards in front of an actual judge in a real courtroom! Of course first you must find a real attorney to accept your case, mine, who in the waiting room told me my case was strong, and that he'd take me all the way through the federal process is suddenly not available to talk with me regarding my denial!
No surprise there, my previous attorneys entire appeal to Falls Church quoted here for your benefit, "We disagree with the ALJs ruling!"
It sounds like your case was turned down for review by the Appeals Council, so you have to now file in the Federal Court. You can directly file because I have, I went from reconsideration to the Federal Court. That was a survivors case and that is a little easier than disability. Your just waiving your administrative rights. The Federal Court will look at your entire case and may send it back to the ALJ. I don't think you should give up. I've heard people win who have less disabilities than you. The Federal level is a civil lawsuit and doesn't have the policies of an administrative agency. You would use statutes and case law.
http://www.socialsecurity.gov/appeal...ml#time_limits
legalmania is offline  
Closed Thread


Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off


Similar Threads
Thread Thread Starter Forum Replies Last Post
such despair debbiehub Reflex Sympathetic Dystrophy (RSD and CRPS) 5 02-14-2010 05:24 PM
sickness....despair.....apologies Carolina The Stumble Inn 29 12-19-2008 08:50 AM
Don't know what to do ... 3 years of problems ... sinking rapidly in despair failure General Health Conditions & Rare Disorders 1 06-20-2008 01:57 PM


All times are GMT -5. The time now is 04:56 AM.

Powered by vBulletin • Copyright ©2000 - 2024, Jelsoft Enterprises Ltd.

vBulletin Optimisation provided by vB Optimise v2.7.1 (Lite) - vBulletin Mods & Addons Copyright © 2024 DragonByte Technologies Ltd.
 

NeuroTalk Forums

Helping support those with neurological and related conditions.

 

The material on this site is for informational purposes only,
and is not a substitute for medical advice, diagnosis or treatment
provided by a qualified health care provider.


Always consult your doctor before trying anything you read here.