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09-29-2011, 09:44 PM | #1 | ||
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Junior Member
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Hello everyone, I'm new here and I was reading some info on here and saw some good answers, so I thought I would post on here to see what you guys thought of my day in court. I had my hearing on monday- the 26th of September, I have scorosis of the spine, herniated discs, bipolar1, anemia, depression, migraines, and I have a hemorrhage. In my left eye which is causing blindness and can never be corrected. I have been fighting for my s.s.d.I. for 3 years. I tried t work and only lasted not more then a month on either job. I do have a lawyer representing me. I am 39 years old. My vision problem prevents me from driving day or night (being I can't tell how far the car in front of me is and cannot see out of my left side) I cannot read small print or work under florescent lights. And the list goes on... before I went in front of the judge, my lawyer told me that he was a difficult man and just answer the questions honestly and not be afraid to tell him everything about my disabilities and it could take about an hour and that he is aware of my case as he reviews it prior to seeing me. When we walked in to the room, I started getting nervous. There was no vocational person there and it was just the judge and someone typing the whole conversation. The judge asked me just a couple of questions, we changed my on set date and then my lawyer asked me some questions and in 20 minutes, we were done. When we walked out, my lawyer said she felt good about it and it was the shortest time she was ever in front of him. Now I'm waiting from my decision. How PNG does it take and I'm scared about it as well. I lice in florida and heared horror stories about s.s.d.I. here. Does anyone have any ideas?.....thanks... PS sorry it was so long!
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09-30-2011, 03:55 AM | #2 | |||
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Senior Member
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It is real hard to tell, but when there is no vocational person, and you reset the onset date...sounds good.
It takes them a while to get the letter to you, but you might keep an eye on your bank acct. Sometimes the money will get there before the award letter. Did he set it to an earlier time? One of the last things the judge did was set my onset date to the actual day I was disabled instead of the application date. I had two hearings, the first judge was a real He retired only a couple months later, and I saw a another judge the second time. What a night and day difference! One thing fer sure....never give up!
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10-01-2011, 10:44 PM | #3 | ||
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Junior Member
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From 2/09 to 5/10. Being I worked during some months between the two dates. But of course the job only lasted a couple of months. I wonder f the change in dates helped my case! Thanks again!! |
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10-02-2011, 01:36 AM | #4 | |||
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Junior Member
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Hi Katz! It sounds like everything went well to me. I have a question though, why did your lawyer change your onset date by 15 months?? I worked too, for 3 months, and my lawyer stated that it was an unsuccessful work attempt. The judge agreed and I was granted full ssdi even through those months.
It sounds to me that the judge was trying to save tax payers some money. They have been doing a deal or no deal for the last few years, including with me, but I called his bluff and it paid off. By changing your onset date I am pretty sure you will get a favorable decision but remember you will have to wait until 10/12 to get medicare benefits and your payments will now start 10/10, just in case you didn't know. |
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"Thanks for this!" says: | allentgamer (10-02-2011) |
10-02-2011, 09:26 PM | #5 | ||
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Magnate
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There can also be an increase of impairment that has been clearly documented in someone's medical history. Is it worth fighting over the backpay? That's up to each applicant. But forcing an ALJ to use the original date very well might mean a denial. The applicant can then appeal or start a new application (which will probably lower your backpay further, at least temporarily) or both! Keep in mind when if someone appeals the ALJ decision, they're not just appealing the date, they're appealing the entire decision, and it could be approved or denied. |
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10-02-2011, 10:26 PM | #6 | ||
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Member
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Makes me wonder if the evidence justifies any onset date or if this is mostly legal wrangling between lawyers and ALJ's. I just don't get it. The ALJ says agree with me or you get nothing when the ALJ can make any decision he/she wants to make, whether you agree or not. The evidence either supports the earlier onset, the later onset or no onset. And the ALJ is the person who is empowered to make the decision. |
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10-03-2011, 12:12 AM | #7 | ||
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Magnate
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In the case of an applicant agreeing to a new application date, do you know if they receive a Partially Favorable Decision, or is there a formal application change which results in a Fully Favorable Decision, resulting in an applicant losing the right to appeal the decision? And what if the applicant has agreed to the new date and still receives a full denial, are they stuck using it in the appeal? (This seems far fetched, but with SSD I never assume anything...) If the answer is a Partially Favorable Decision, then the only thing I can think of is that the ALJ is attempting to keep their appeal rates lower by getting the applicant to compromise. |
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10-05-2011, 09:38 PM | #8 | ||
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Junior Member
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I just read on a s.s.d. website that s.s. changed the rule about if you get denied at your hearing, you cannot appeal it and start a new case for the same disabilities. You have to decide to do one or the other. I think the site said it was changed in July 2011.
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01-07-2014, 08:23 AM | #9 | ||
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Junior Member
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Hello. My hearing went something like yours. The judge asked me to amend my onset date also. I agreed but the VE never testified. The judge asked me my address, and my name, and if agreed with in other words a deal. Asked about my meds. So Im in the same boat as you. Im waiting too. Hope yours goes the way you want. Good luck.
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