advertisement
Reply
 
Thread Tools Display Modes
Old 06-26-2011, 09:14 AM #1
russ1956x russ1956x is offline
Junior Member
 
Join Date: Aug 2008
Location: Phoenix, Arizona
Posts: 23
10 yr Member
russ1956x russ1956x is offline
Junior Member
 
Join Date: Aug 2008
Location: Phoenix, Arizona
Posts: 23
10 yr Member
Default Waiting for 3rd Hearing

Maybe Legalmania or anyone else can give an opinion. I am waiting for my 3rd hearing. My case started on 8/2/2004. My claim is for a herniated disk in my back, panic disorder, sleep apnea, hypertention, obesity. In my previous 2 hearings everything went well until we got to step 4 (RFC). The first hearing the VE said I was unable to perform any of my past relevant work. He added that there were "other" jobs that I could do with the RFC of "Sedentary", but could not be specific. The judge denied my case stating that there were jobs in the national economy that I could do. My attorney appealed to the Appeals Council and the case was remanded back to the same judge to be more specific regarding jobs that I could do. The second hearing the VE testified that there were no jobs in the national economy that I could do with my RFC of "Sedentary". By the way, I have working in the Accounts Payable field for the last 25 years working in an office behind a desk. When the VE was asked if there were "other" jobs that I could do, the VE replied "no" and added "with the added limitations, one being that I would need a sit/ stand option every 30 minutes, lift no more than 10 pounds, take a 15 minute break every 2 hours to lie down, he said that with those limitations he would not be able to do the job and he probably would be fired. The judge then without explanation asked the VE if my RFC was changed to "light", would there be jobs? His response was "yes" and cited a number of jobs. I was denied again by the ALJ when he changed my RFC from "Sedentary" to "light" and sited jobs that I could do. I am 55 years old now, and was 48 when I applied. If my RFC was not suddenly changed to "light" from "sedentary" according to the grid rules, I would have qualified for Disability at age 50 (approaching advanced age). My attorney appealed to the Appeals Council again, this time saying that the judge changed my RFC to "light" without any reason other than he did not get the answer we wanted from the VE when asked the hypothetical question. He gave no explanation for the change in his written denial. He changed it to "light" and therefore I would not qualify for disability under the grid rules. The Appeals Council agreed but did not reverse the decision but remanded it to a different ALJ for another hearing. It has been 12 months since the remand and my hearing is now coming up pretty soon. Now I get a letter that they are sending me to see 2 Social Security doctors (1 for my physical issues, and 1 for my mental issues). After the judge receives the reports from the doctors, my 3rd hearing will be scheduled. Now after all of this, my question, lol??? I just wanted an opinion possibly from Legalmania or anybody else what their opinion on all of this is. Should I be worried about the upcoming Social Security Doctor's exams? My attorney tells me that if my RFC is changed back to "Sedentary" I should be approved. I have written backing of all of my doctors that support the "sedentary" RFC. Again, all of the aspects of my case have been proven through step 3. We are stuck at step 4. I know I wrote a book, but sometimes I just need to air things out.

Thanks for reading and any responses are welcomed.

Russ :-)
russ1956x is offline   Reply With QuoteReply With Quote

advertisement
Old 06-26-2011, 11:22 AM #2
Janke Janke is offline
Member
 
Join Date: Sep 2008
Posts: 685
10 yr Member
Janke Janke is offline
Member
 
Join Date: Sep 2008
Posts: 685
My Mood: Waiting for 3rd Hearing
10 yr Member
Default

Sounds to me like your attorney has a good handle on your case which demonstrates how getting a disability decision is really a combination of medical evidence and law. So I think you should make sure you follow his advice.

The most important thing at this time is that the ALJ find you disabled BEFORE your date last insured. If you haven't worked since 8/04, your date last insured would probably be sometime in 2009, five years later. When you do have these exams, you should stress that your condition has been like this for at least the last two years or more. You may not get the onset date you want (2004), but it is more important that you get an onset date before your date last insured (anything before 2009).
Janke is offline   Reply With QuoteReply With Quote
Old 06-26-2011, 04:07 PM #3
russ1956x russ1956x is offline
Junior Member
 
Join Date: Aug 2008
Location: Phoenix, Arizona
Posts: 23
10 yr Member
russ1956x russ1956x is offline
Junior Member
 
Join Date: Aug 2008
Location: Phoenix, Arizona
Posts: 23
10 yr Member
Default

Quote:
Originally Posted by Janke View Post
Sounds to me like your attorney has a good handle on your case which demonstrates how getting a disability decision is really a combination of medical evidence and law. So I think you should make sure you follow his advice.

The most important thing at this time is that the ALJ find you disabled BEFORE your date last insured. If you haven't worked since 8/04, your date last insured would probably be sometime in 2009, five years later. When you do have these exams, you should stress that your condition has been like this for at least the last two years or more. You may not get the onset date you want (2004), but it is more important that you get an onset date before your date last insured (anything before 2009).
Thanks Janke. Actually the last day I worked was 5/31/2002. I didn't file my disability claim until 8/2/2004. My last day insured was 12/31/2007. My 50th birthday would be 3/1/2006 which is the onset date that I was looking for. As far as my condition goes, it's has not gotten better or worse since 2004. Thanks again for your reply
russ1956x is offline   Reply With QuoteReply With Quote
Old 10-27-2011, 10:43 PM #4
LIT LOVE LIT LOVE is offline
Magnate
 
Join Date: Mar 2010
Posts: 2,304
10 yr Member
LIT LOVE LIT LOVE is offline
Magnate
 
Join Date: Mar 2010
Posts: 2,304
10 yr Member
Default

Self deleted. My apologies to the Moderators.

Last edited by LIT LOVE; 10-28-2011 at 01:28 AM.
LIT LOVE is offline   Reply With QuoteReply With Quote
Old 10-28-2011, 09:19 AM #5
ballerina ballerina is offline
Member
 
Join Date: Feb 2011
Posts: 393
8 yr Member
ballerina ballerina is offline
Member
 
Join Date: Feb 2011
Posts: 393
8 yr Member
Default

Russ1956x

You might want to pm Janke (who consistently provides solid information) with your questions, **

Hope things go better for you!!

Last edited by Chemar; 10-28-2011 at 10:31 AM. Reason: NeuroTalk Guidelines
ballerina is offline   Reply With QuoteReply With Quote
Old 10-28-2011, 11:13 AM #6
don1956's Avatar
don1956 don1956 is offline
Member
 
Join Date: Aug 2010
Posts: 287
10 yr Member
don1956 don1956 is offline
Member
don1956's Avatar
 
Join Date: Aug 2010
Posts: 287
10 yr Member
Default

hey russ1956.i went thru the same thing.word for word.and yes i had one of those "SS"doctors to.they even took xray of my shoulder and neck.plus they wanted all the names of all the meds that i was on.you see they wanted me to to do that "lightWork"B.S.i told them its not the 10lbs or less that bothers me ,but the "repetitive"motion is what i cant do.so i cant sit behind a desk,push a cart or any type of lifting.and i have muscle passim.so what am i going to tell my boss"i have to take a 2 or 3hour break" they will do anything just to keep you off "SSD".dont quit is my opinion.its how i got approved when i went in to meet with that "SS"doctor
don1956 is offline   Reply With QuoteReply With Quote
Old 10-28-2011, 03:57 PM #7
russ1956x russ1956x is offline
Junior Member
 
Join Date: Aug 2008
Location: Phoenix, Arizona
Posts: 23
10 yr Member
russ1956x russ1956x is offline
Junior Member
 
Join Date: Aug 2008
Location: Phoenix, Arizona
Posts: 23
10 yr Member
Default

Quote:
Originally Posted by don1956 View Post
hey russ1956.i went thru the same thing.word for word.and yes i had one of those "SS"doctors to.they even took xray of my shoulder and neck.plus they wanted all the names of all the meds that i was on.you see they wanted me to to do that "lightWork"B.S.i told them its not the 10lbs or less that bothers me ,but the "repetitive"motion is what i cant do.so i cant sit behind a desk,push a cart or any type of lifting.and i have muscle passim.so what am i going to tell my boss"i have to take a 2 or 3hour break" they will do anything just to keep you off "SSD".dont quit is my opinion.its how i got approved when i went in to meet with that "SS"doctor
Thanks, what you wrote is of great value. I'll let you know the outcome
russ1956x is offline   Reply With QuoteReply With Quote
Old 10-30-2011, 04:09 PM #8
puppy66 puppy66 is offline
Junior Member
 
Join Date: Oct 2011
Posts: 24
8 yr Member
puppy66 puppy66 is offline
Junior Member
 
Join Date: Oct 2011
Posts: 24
8 yr Member
Default Trying to send you a message but can't seem to?

Hi there,
I don't have anything to add about your situation. I pray it all turns out well for you. What a long wait you have had and how frustrating huh!! I had a couple of questions about the Appeal Council, as I too got denied by the ALJ and my lawyer sent an appeal. I was just curious when you were remanded for another hearing, how long it took to hear back from the Appeal Council on their decision, and then did you have to wait as long the second time for a hearing. It is the not knowing what the Appeal Council is going to do that is killing me. Even if I have to wait months for another hearing, it will be a relief just to know if it's going to be remanded back because if not then I want to start a new application (with the new law, a person can't do both anymore).

I didn't mean to plop this in the middle of your post but I cannot figure out how to get a message to you.

Thanks,
Mary (puppy66)
puppy66 is offline   Reply With QuoteReply With Quote
Old 10-31-2011, 04:08 PM #9
russ1956x russ1956x is offline
Junior Member
 
Join Date: Aug 2008
Location: Phoenix, Arizona
Posts: 23
10 yr Member
russ1956x russ1956x is offline
Junior Member
 
Join Date: Aug 2008
Location: Phoenix, Arizona
Posts: 23
10 yr Member
Default

Quote:
Originally Posted by puppy66 View Post
Hi there,
I don't have anything to add about your situation. I pray it all turns out well for you. What a long wait you have had and how frustrating huh!! I had a couple of questions about the Appeal Council, as I too got denied by the ALJ and my lawyer sent an appeal. I was just curious when you were remanded for another hearing, how long it took to hear back from the Appeal Council on their decision, and then did you have to wait as long the second time for a hearing. It is the not knowing what the Appeal Council is going to do that is killing me. Even if I have to wait months for another hearing, it will be a relief just to know if it's going to be remanded back because if not then I want to start a new application (with the new law, a person can't do both anymore).

I didn't mean to plop this in the middle of your post but I cannot figure out how to get a message to you.

Thanks,
Mary (puppy66)
Hi puppy66
My case was appealed to the Appeals Council this last time in June 2009. I heard from the Appleals Council July 2010. The remanded my case back to an ALJ July 10, 2010. To date (Almost 16 months) no scheduled hearing. My attorney inquiries, congressional inquiries have gone on deaf ears. Their response is the case has been assigned to a judge and is waiting to be scheduled. I know it's now the news you wanted to hear, but it's what has happened to me.

Russ
russ1956x is offline   Reply With QuoteReply With Quote
"Thanks for this!" says:
puppy66 (11-01-2011)
Old 11-01-2011, 06:02 AM #10
puppy66 puppy66 is offline
Junior Member
 
Join Date: Oct 2011
Posts: 24
8 yr Member
puppy66 puppy66 is offline
Junior Member
 
Join Date: Oct 2011
Posts: 24
8 yr Member
Default

Thank you for the information. If I make it through this whole ordeal it will be a miracle. How have you stayed sane through all of this? I find myself obsessing night and day over the unfairness of my hearing and I keep asking myself repeatedly why did this judge do this to me. I was denied at step one because I am working a few hours a week, which I might add some days about kills me but my kids need to eat. There are so many factors that she failed to acknowledge. Anyway, since the unfavorable decision, I have spent a great deal of time researching the laws, etc.., which I know I need to stop doing because it is consuming me. Just curious how you've managed to keep fighting and pushing forward? You are an inspiration for me to keep going. I truly believe I have all the medical evidence to support my claim and the work I have been doing truly is not at the SGA level and it is a very sheltered situation.

Thanks again for replying to me.
puppy66 is offline   Reply With QuoteReply With Quote
Reply

Thread Tools
Display Modes

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
Waiting, waiting waiting..... janj77 SCS & Pain Pumps 30 05-03-2011 10:24 PM
Waiting again susanjpullen Peripheral Neuropathy 0 12-03-2008 08:33 AM
waiting.. coffeegirl Multiple Sclerosis 3 11-10-2008 03:31 PM
Waiting nomorecontact Traumatic Brain Injury and Post Concussion Syndrome 4 07-08-2008 09:52 AM
Still waiting... jackieinbama Myasthenia Gravis 7 06-18-2007 08:02 AM


All times are GMT -5. The time now is 10:06 PM.

Powered by vBulletin • Copyright ©2000 - 2020, Jelsoft Enterprises Ltd.

vBulletin Optimisation provided by vB Optimise v2.7.1 (Lite) - vBulletin Mods & Addons Copyright © 2020 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.