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Old 08-03-2012, 02:04 AM #1
swOkie swOkie is offline
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Default Just had alj hearing, have questions

I hope I am not duplicating a post. Tried to post and it didn't see to go through. Will try to summerize hearing and then have a few questions.
Hearing began with judge swearing in everyone present, then physician from Louisiana was contacted. By my understanding the judge was wanting verification that I met a RFC code? for qualification. Physicain did not seem very familiar with my case. She breifly mentioned my stroke (March 2011), Only stated I was on inhalers for COPD (Onset Sept 2009). The physician did try to focus on a hospitalization in Dec 2011 and that the combination of diagnoses at that time met the RFC code. My representative was given the opportunity to ask physician about other hospitalizations and the resulting effects. The physician argued with my representative about a 7 day hospitalization only being an E.R visit. The Judge went next to the vocational rehab specialist, and asked a few hypothetical questions that the specialist answered all no to. Then the Judge stated that the hearing was completed.
After the hearing my representative stated that she could not have hoped for a better hearing, even with the physician trying to downplay my condition and move onset date. She stated the reason she felt so encouraged with the hearing is because the judge didn't question me on anything. She stated that if he was leaning at all towards a unfavorable or partial favarable decision, that it was customary to first allow my testimony.
Questions for those familiar with the alj process.
1. Does this seem as good a hearing as my representative stated?
2. Is the judge not questioning me, truely a good sign and is it required that the judge provide me with an opportunity to give my testimony if there is a possibility of an unfavorable decision?
Last question or request for oppinion is related to statement my representative gave before leaving. That the judge was very backlogged and it woul take at least a year or more to get a decision good or bad. And that we should wait 6 month and notify her to see if there has been any change. And then anouther if no notification. Last Question or request for suggestion
3. Should we wait 6 month? Or is there a way we can find out if the judge has at least submitted it to a writter? Not trying to be pushy by no means just been a very long process so far, and just wondering what our best options are to keep up on status. Again any help would be greatly appreciated. Also this in no way is a condemnation on the hearing or on the following process, If anything I have learned so far, it is gonna be what it is gonna be when it is gonna be no sooner. Just asking for some honest opinions and some educated answers, from a group that seems very experienced and knowledgable to do so. Again thanks
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Old 08-03-2012, 11:25 AM #2
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its sounds like a good hearing for you to me.

as far as how long it takes that depends on the area you live in and their caseload. it might help if you identify what area you are talking about and see if anyone in that area has a recent experience there as to wait times. as far as when inquiries should be made i would listen to your lawyer. that is why they get the big bucks.
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Old 08-03-2012, 03:23 PM #3
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Originally Posted by echoes long ago View Post
its sounds like a good hearing for you to me.

as far as how long it takes that depends on the area you live in and their caseload. it might help if you identify what area you are talking about and see if anyone in that area has a recent experience there as to wait times. as far as when inquiries should be made i would listen to your lawyer. that is why they get the big bucks.
Thanks echoes for your response. Sorry if I sounded like I am trying to speed up process. Just thought I had heard that you can get a idea of the progress of decision, For example if it had been sent to an underwritter to be written up, by calling local soc sec office. Not sure if that is correct, may try it in 3 or 4 months. . Honestly if this process has taught me anything is that: what will happen, will happen and only when it happens.
I have a tendancy to over assess/question a situation, till I just don't trust my own interpretation of the situation and need outside validation. I am sure that my representatives interpretation was spot on, Just over analyzing as usual. Especialy since everything I read about prior to hearing was focused on how I should represent how my disability effects me. And then my testimony wasn't needed. (Sorry there I go again) lol old habit are hard to break.
Again thanks so much for your prompt reply echoes.
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Old 08-03-2012, 07:55 PM #4
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i didnt think you were trying to speed up the process, though we all would have liked to or would still want to as the case applies.

it sounds to me like the judge heard all he needed to hear to make a decision and didnt require your testimony. The judge reviews your case before your hearing and may have had only a few issues that needed clearing up. my hearing after waiting 2 years was pretty much about onset date not wether i was disabled. the judge had already decided that part before the hearing but wanted to move the onset date back 7 months which was when a definitive test had been performed on me.
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Old 08-03-2012, 09:43 PM #5
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i didnt think you were trying to speed up the process, though we all would have liked to or would still want to as the case applies.

it sounds to me like the judge heard all he needed to hear to make a decision and didnt require your testimony. The judge reviews your case before your hearing and may have had only a few issues that needed clearing up. my hearing after waiting 2 years was pretty much about onset date not wether i was disabled. the judge had already decided that part before the hearing but wanted to move the onset date back 7 months which was when a definitive test had been performed on me.
Again thank you so much for your kind input, it is so appreciated. I hope that your onset date went in your favor when you were approved. My judge didn't seem very intrested in changing date, even though the physician seemed to be. Again Thanks so much, it helps to hear from others that have been through it. God Bless
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Old 08-04-2012, 08:32 PM #6
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I agree with ELA....the judge is only going to ask the questions they need an answer to. If none of their questions are for you, they don't need to waste time asking you things they already know from the documentation you have submitted. I would think that if a judge did not feel you met the requirements to be declared 'totally disabled' based on the documentation you provided, he would have had many questions for you.

I think the vocational experts repeated "no's" nail down the fact that there is no job that you can do.

I understand backlogs, but I can't see why it would take 6 months to a year to process this paperwork to give a final decision. Seems like it would take a judge much less time to do the write up just after each hearing, rather than writing it up months later when they have to waste time refamilarizing themselves with the case before making a decision. Sounds like they need to not schedule any hearings for a week and get caught up on all of their paperwork. Seems like maybe they wouldn't have such a backlog if they processed things more efficiently.
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Old 08-05-2012, 01:05 AM #7
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I agree with ELA....the judge is only going to ask the questions they need an answer to. If none of their questions are for you, they don't need to waste time asking you things they already know from the documentation you have submitted. I would think that if a judge did not feel you met the requirements to be declared 'totally disabled' based on the documentation you provided, he would have had many questions for you.

I think the vocational experts repeated "no's" nail down the fact that there is no job that you can do.

I understand backlogs, but I can't see why it would take 6 months to a year to process this paperwork to give a final decision. Seems like it would take a judge much less time to do the write up just after each hearing, rather than writing it up months later when they have to waste time refamilarizing themselves with the case before making a decision. Sounds like they need to not schedule any hearings for a week and get caught up on all of their paperwork. Seems like maybe they wouldn't have such a backlog if they processed things more efficiently.
Thank you Finz, I appreciate everyones responses they have been helpful, I am starting to not over analyze everything, and take it at face value. I am glad that I decided to post on this site, people on here have always seemed very informative and caring. As far as the wait time, I guess we will literaly have to wait and see. Maybe in 3-4 months we will be surprised (wishful thinking). Anyways thanks
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