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04-13-2010, 12:44 AM | #1 | ||
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Junior Member
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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. |
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04-13-2010, 05:08 AM | #2 | |||
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Member
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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.
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. . .My SFN story: . |
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04-13-2010, 10:09 AM | #3 | ||
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Junior Member
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Quote:
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04-13-2010, 10:10 AM | #4 | |||
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Member
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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!!!
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~jana |
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04-13-2010, 07:02 PM | #5 | ||
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Member
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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.
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Respectfully, Trudi |
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04-13-2010, 09:44 PM | #6 | |||
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Senior Member
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go to the federal court of appeals if you have to. dont give up.many people have been successful at the court level.
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04-14-2010, 12:34 PM | #7 | ||
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n/a
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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 |
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04-14-2010, 12:42 PM | #8 | ||
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n/a
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Quote:
http://www.ssa.gov/appeals/appeals_p....html#process4 |
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04-14-2010, 02:11 PM | #9 | |||
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Senior Member
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i was responding to Christian saying that after the appeals council hes done. I was pointing out to him that there is still federal court even after the appeals council.
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04-14-2010, 04:26 PM | #10 | ||
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n/a
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Ya echoes I basically said the same thing you said but was trying to make it a little more detailed.
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Closed Thread |
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