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04-18-2012, 09:13 PM | #1 | ||
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Wow. Every state seems to be different in awarding SSDI. I was awarded SSDI at the end of my hearing.
I had also gone through the three denials before I received a hearing. But I know of a person who didn't go through any denials and received SSDI on the first try. Different illnesses, different states, different judges. There doesn't appear to be any uniformity in their method of decision. If I remember correctly, if you don't receive a favorable hearing, you may be able to appeal the decision within a certain time frame. Lots of information at social security website. |
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04-23-2012, 02:44 AM | #2 | ||
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Senior Member
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Does your lawyer do a lot of SSDI cases ?
To me, it sounds inappropriate for the lawyer to ask specific questions which would essentially demand a ruling from the judge during the hearing. Here in Massachusetts, the approval/denial ruling comes AFTER the hearing. Answering if the judge planned on "using the second hypothetical" would have revealed the ruling would be an approval if the judge said yes. As Psych said, maybe it's different from state to state. Can I assume from your lawyer's focus on the second hypothetical that you DO have to lay down for 48 minutes a day ? Would that have to be DURING the workday and not a rest period after work ? In my ALJ hearing, the judge asked me if my medical record was correct that I had to lay down frequently during the day and often nap during that time (chronic pain makes for poor sleeping at night). I said, "Yes." She next asked the voc rehab specialist if there were any jobs available that could accommadate my need to lay down during the workday. He said, "No." The ALJ immediately said, "Thank you very much everyone. I believe I have all of the information I need. You will be notified by mail of my decision." My lawyer told me outside the court that he couldn't make any guarantees, but that he would be SHOCKED if I wasn't approved after that. While I was waiting for the judge's decision, I happened to check my bank balance and noticed an extra $50,000+ in there after a direct deposit from the US government........ (my backpay). A few days later, I got my approval letter in the mail. Like my lawyer, I don't want to give you false hope, but it sure sounds like this is going your way IF you would have to lay down during a hypothetical work day. My fingers are crossed that you'll get good news soon.
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07-12-2012, 04:52 PM | #3 | ||
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Junior Member
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So, How long was it before you recieved your backpay in your bank?
I just had my hearing as well and i am waiting for my backpay. Thank you. Babytoes To me, it sounds inappropriate for the lawyer to ask specific questions which would essentially demand a ruling from the judge during the hearing. Here in Massachusetts, the approval/denial ruling comes AFTER the hearing. Answering if the judge planned on "using the second hypothetical" would have revealed the ruling would be an approval if the judge said yes. As Psych said, maybe it's different from state to state. Can I assume from your lawyer's focus on the second hypothetical that you DO have to lay down for 48 minutes a day ? Would that have to be DURING the workday and not a rest period after work ? In my ALJ hearing, the judge asked me if my medical record was correct that I had to lay down frequently during the day and often nap during that time (chronic pain makes for poor sleeping at night). I said, "Yes." She next asked the voc rehab specialist if there were any jobs available that could accommadate my need to lay down during the workday. He said, "No." The ALJ immediately said, "Thank you very much everyone. I believe I have all of the information I need. You will be notified by mail of my decision." My lawyer told me outside the court that he couldn't make any guarantees, but that he would be SHOCKED if I wasn't approved after that. While I was waiting for the judge's decision, I happened to check my bank balance and noticed an extra $50,000+ in there after a direct deposit from the US government........ (my backpay). A few days later, I got my approval letter in the mail. Like my lawyer, I don't want to give you false hope, but it sure sounds like this is going your way IF you would have to lay down during a hypothetical work day. My fingers are crossed that you'll get good news soon.[/QUOTE] |
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07-12-2012, 08:44 PM | #4 | ||
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Senior Member
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Hi babytoes,
I got my backpay a few weeks after my hearing. How did your hearing go ? Did you have a lawyer with you ? Do you (both) think it went well ? Have you gotten your ruling yet ?
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07-15-2012, 05:46 PM | #5 | ||
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Junior Member
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Quote:
Yes , the jugde ruled in my favor at the hearing. So i am waiting on my backpay. Yes i had a lawyer and he told me we had a good case. Thanks for answering my question. |
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07-15-2012, 11:33 PM | #6 | ||
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Senior Member
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Have you received your approval letter yet ?
I THINK (hopefully someone will correct me if I'm off here), that you are supposed to get the letter w/i 60 days and the backpay w/i 90 days.....but as I experienced, sometimes one may be quicker than the other. Hope you get it soon !
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07-16-2012, 02:29 PM | #7 | ||
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Quote:
I received my back pay approximately 2 wks after I received my approval letter. And I would not have known about it if I didn't call my bank to check on something w/my account. What a delightful surprise!!! "Paper" checks are going to be eliminated = Social Security Benefits Checks Go Electronic |
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"Thanks for this!" says: | babytoes (09-03-2012) |
08-22-2012, 09:07 PM | #8 | ||
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Junior Member
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Quote:
Does anyone know if that is true? I am talking about how fast you get your approval. Thanks in advance. |
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09-21-2013, 11:14 PM | #9 | ||
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New Member
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i had my hearing a few weeks ago, stayed in hearing about 20 min.didnt even get to the vocational part judge only asked my name and work history my lawyer told me it went well and told me he was very optimistic about my case that we won at the hearing but im still stressed cause the judge didnt say anything about me being approved for disability (
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09-22-2013, 04:01 AM | #10 | |||
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Senior Member
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I was denied twice, then lost first ALJ hearing, and appealed. At the second hearing the judge told me that she was going to set an onset date 2 1/2 years prior to my application date.
About 6 weeks later the back pay just showed up in the bank, and the award letter was about 2 weeks later. It took about 60 days to start getting the monthly amount. I hope the judge rules in your favor, it is so hard to call.
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