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Old 08-11-2013, 03:21 AM #1
JohnSmiht JohnSmiht is offline
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Default SSI Hearing Confusion

Im new here, I apologize if this is the wrong forum.

I finally had a hearing for SSI. In the room was me, my lawyer, the judge, his stenographer, and the vocational expert. The judge asked me about 7 or 8 questions which he wanted very short to the point answers. He then turned it over to my lawyer to ask me questions. We had around a dozen questions prepared that explained my condition(Crohn's Disease)current state and various complications. After question 3 from my lawyer, he stopped her and said he had heard enough. He didnt ask the vocational expert any questions at all. The total hearing lasted under 15 minutes. I thought he was supposed to allow my lawyer similar time to ask questions as he took. I can understand, if my lawyer had asked me 50 questions, but we barely got through 3 short answers from my questions. I thought he would have at least asked the vocational expert a couple questions.

I thought that it was a bad sign he ended the hearing so quickly without me getting a chance to explain my condition. I have 2 hospital visits and numerous doctors visits since I first filed, so my file has a lot to go through. My lawyer thought it went well, and thinks I won. She said the hearing being short is a good sign.

It was very difficult to read the judge, so no idea what his ruling will be. Has anyone been through a short hearing with zero testimony from the vocational expert before? I figure if it went as well as my lawyer thought, he would have awarded a bench judgement, but he didnt say anything really. Any ideas how I can explain my condition and difficulties, if the judge wont allow the lawyer to ask many questions? The whole thing has me really confused. Im use to rejection by now, but I figured I would at least get a chance to give full testimony on my disability like it said I would be able to in the hearing letter. I was excited to finally get to explain what is going on in person, but I wasnt even allowed to do that in a hearing either. Thanks for any advice.
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Old 08-11-2013, 10:00 AM #2
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Default Hello John

I wasn't asked a lot of questions, but I was able to present my case myself, as short an explanation as I could. Straight and to the point. Only one question was asked of the rehab person. Can I maintain any job?. My hearing was even less than 15 minutes. I was approved. Don't loose hope yet. Some judges are curt, and crabby at times. I hope that your approval goes through for you. You can appeal if the decisions isn't favorable. don't give up. ginnie
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Old 08-11-2013, 04:14 PM #3
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Thank you for the reply. If I get rejected again, I plan on appealing and using all the options I have available. The judge was definitely crabby, but I cant imagine the job he has to do every day. First he has to sift out people lying or trying to abuse the system, then make a tough call for those who are fully disabled, some who are on the line and others who can still work in some way. I dont feel any sympathy for the people trying to abuse the system, but personally I wouldnt want the job of determining who to help when many are ill and needing a little help.

This was the first disability hearing I have attended, so I had no idea what to expect. Reading some of the guides, I did most things right, but I was unprepared with details of my medical history and background. I have had CD for 18 years, so my medical history and background is a giant blur. Ive been through countless tests, procedures, exams, treatments, infusion, hospitalizations, surgeries, etc. You get the point. Asking me to recall the details of one or two instances is nearly impossible for me. He asked me about certain procedures and I tried to recall as much as possible from memory, but I tended to ramble a little due to so many procedures. Looking at the Social Security criteria for declaring Crohn's patients disabled, I meet them all, but unfortunately I did not get to give testimony stating my conditions. He had my file so the information was there, but it is tough to wade through it all and I hoped my lawyers questions would highlight the major issues.

My lawyer works for a company trying to recover lost revenue from the hospital, so she is very good, but over worked with cases. She seemed to be running down the checklist for Crohn's patients, when she was cut off. When I read about past hearings and IBD sufferers who have been awarded, I am very positive about my hearing, but when you have been rejected so many times, it is tough to be confident. The judge sees maybe 100 cases a week, so he probably shows little reaction one way or the other now. I just hope the judgement comes soon, so I can prepare for the appeal or get started on the road to recovering to what I hope is a semi normal life.
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Old 08-11-2013, 05:19 PM #4
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Default Waiting my turn

Quote:
Originally Posted by JohnSmiht View Post
Im new here, I apologize if this is the wrong forum.

I finally had a hearing for SSI. In the room was me, my lawyer, the judge, his stenographer, and the vocational expert. The judge asked me about 7 or 8 questions which he wanted very short to the point answers. He then turned it over to my lawyer to ask me questions. We had around a dozen questions prepared that explained my condition(Crohn's Disease)current state and various complications. After question 3 from my lawyer, he stopped her and said he had heard enough. He didnt ask the vocational expert any questions at all. The total hearing lasted under 15 minutes. I thought he was supposed to allow my lawyer similar time to ask questions as he took. I can understand, if my lawyer had asked me 50 questions, but we barely got through 3 short answers from my questions. I thought he would have at least asked the vocational expert a couple questions.

I thought that it was a bad sign he ended the hearing so quickly without me getting a chance to explain my condition. I have 2 hospital visits and numerous doctors visits since I first filed, so my file has a lot to go through. My lawyer thought it went well, and thinks I won. She said the hearing being short is a good sign.

It was very difficult to read the judge, so no idea what his ruling will be. Has anyone been through a short hearing with zero testimony from the vocational expert before? I figure if it went as well as my lawyer thought, he would have awarded a bench judgement, but he didnt say anything really. Any ideas how I can explain my condition and difficulties, if the judge wont allow the lawyer to ask many questions? The whole thing has me really confused. Im use to rejection by now, but I figured I would at least get a chance to give full testimony on my disability like it said I would be able to in the hearing letter. I was excited to finally get to explain what is going on in person, but I wasnt even allowed to do that in a hearing either. Thanks for any advice.
Hi John,

I was SHOCKED at your post. I had no idea they would cut your attorney off before he could finish his presentation on your case. That is frightening me. I am waiting for my hearing date to be set. Please keep us informed.
Thanks for your post.

Hopeless
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Old 08-11-2013, 06:25 PM #5
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John from what you are relaying, chances are very strong that you will be found disabled by that judge. He didnt ask the VE any questions and after a few of your lawyers questions he had heard enough to make a decision. both are very good signs.
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Old 08-11-2013, 09:53 PM #6
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Quote:
Originally Posted by Hopeless View Post
Hi John,

I was SHOCKED at your post. I had no idea they would cut your attorney off before he could finish his presentation on your case. That is frightening me. I am waiting for my hearing date to be set. Please keep us informed.
Thanks for your post.

Hopeless
Dont let it frighten you too much. Talking to my lawyer, she said sometimes the judge will cut the hearing short before you give a full testimony, because the judge already has all the information he needs to prove you are disabled and unable to work. My lawyer is very good, has a ton of experience, and does her best with every client to recover the lost money from the hospital

I had to go to the ER with no insurance, they put me into the hospital for several days due to very low blood levels, internal bleeding, fatigue, weight loss and intense pain. They dont like to put people into the hospital, even more so when they do not have insurance. The ER doctor said she hadnt seen blood levels that low for someone who wasnt in the hospital or getting regular blood transfusions.

The hospital assigned their lawyers to help me with my disability case to recover some of their losses. I also had to go back into another hospital last fall, but that was at a public healthcare hospital, so they ran a dozen different tests. The tests from the second hospital visit showed I had problems that the first hospital glossed over and did nothing about. They still have no idea what is wrong with my spleen and liver, much less how to treat it.

The lawyer has had many cases with the same judge, so I somewhat trust her feelings and ability to read how it went. She had another client that had a hearing with the same judge 20 minutes after my case, so we didnt have a long time to chat afterwards. I wish I could have talked with her longer, but I understand they have little time between hearings. They keep things moving fast and for the most part on track. The two guys before me had 45 minute plus hearings, so I know this judge will take all the time he needs and allow lawyers to present a full case if necessary.

The judge will ask you many questions trying to trip you up or catch you in a lie, my memory is hazy on every procedure Ive ever done. In the last year alone Ive had over 10 blood transfusions and 10 separate iron infusions, asking me about one infusion 6 months ago is tough to recall every detail from memory. He tried to test me, but it only strengthen my case.

The big things he asked me about was my pain level/my pain management and my iron infusions/blood transfusions for anemia which causes fatigue. If your anemia is under full control, it can weaken your case. I told him I wasnt sure the exact date on my last iron infusion or transfusion because I get them so often and I am not on a regular set schedule for every transfusion/infusion. They treat it, but it isnt under control. I get my blood levels tested about every 2 weeks for many reasons. If the lab work comes back that day that my levels are low, they have standing orders to give me a blood transfusion or iron infusion on the spot as well as schedule more until my levels go back up.

The judge tried to get me to admit my anemia was treatable, on a regular schedule and under full control, but with his questions, my records, and my answers it proved the condition isnt under control. If my levels are low I can be put into the hospital immediately within the hour, given blood transfusion, iron transfusion or have to take a battery of tests. He also wanted to know all about my pain, its location and when he saw I was on a pain management of morphine he knew it was serious.

I have been fighting for disability for about 19 months now, and I have been rejected many times already. I think my chances are good for being approved, but after so many rejections, it is tough to be confident and positive. I dont think he would have cut my lawyer off, if he was still unsure of my disability status.

My best advice right now is get full copies to all of your medical records and study them, learn what everything means and how it strengthens or weakens your case. You will be able to object or explain why your case is different than others. You do not want to be at the mercy of a strange doctor and not be able to dispute his or her claim about your case. Dont count on the judge to go through all of your records, if he misses something important you can bring it up and use it as evidence. I wish I had studied my medical files thoroughly.

Quote:
Originally Posted by echoes long ago View Post
John from what you are relaying, chances are very strong that you will be found disabled by that judge. He didnt ask the VE any questions and after a few of your lawyers questions he had heard enough to make a decision. both are very good signs.
This is what I am hoping for. I have been fighting for about 19 months to get disability, so it is tough remain confident and positive. Until I get a letter approving my claim, I will have doubts due to past rejections. My packet about the hearing said they set about 30 minutes aside for each hearing and be prepared for it to run over the limit. The only reason why I can think that he cut my lawyer off so quickly and didnt bother to ask the VE a single question, is because he had made up his mind about approving my claim.

My lawyer prepared me for a lot of VE questions, because supposedly the VE I had is known for being very tough and in most cases asks at least half a dozen hypothetical questions about employment. Ive heard many VE's have rejected disability claims with their testimony, not hearing from the VE at all I believe is a good sign. The VE entered a lot of information into her computer, but kind of shook her head no at the end. The lawyer said that zero questions from the VE was a very good sign as well when she shook her head.

My apologies for rambling, hopefully this can help a few people in the future. After I hear back about a decision, I will do a write up on things I did right and the things I did wrong as well as why I was accepted/rejected. The site already has a ton of great information, but I figure another first hand story of a disability hearing may help others.
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Old 08-12-2013, 05:57 AM #7
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Wishing you the best. Hope you get your approval in writing very quick. Thanks for your posts.
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Old 08-12-2013, 01:19 PM #8
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wish u both the best!
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Old 10-09-2013, 12:32 AM #9
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I got a call earlier today from the Social Security office saying my case has been approved. Unfortunately I was sick most the day, so I missed the call. He left his number and extension to call him on Wednesday. It took a little under 2 months for a ruling and about 22 months since I first filed to get approval.

I was a little scared because my hearing was so short and the judge was tough to read, but after talking to my lawyer that day and a follow up call later, she said I did great in court. My medical evidence was pretty straight forward, but the judge tried to trip me up and thankfully I gave the best answer possible. I had a long medical history that contained many charts filled with tests, procedures, treatments, hospitalizations from an assortment of doctors in several fields in 4 or 5 different states, so that helped me case a lot.

Just wanted to give everyone an update and let others know who are really suffering and are disable, there is hope, but it can take a long time before you finally get approved. I live in a state that requires that you qualify for SSI and Medicaid at the same time, if you get rejected for SSI, you are rejected for Medicaid as well. Good luck for all those who are disabled and suffering.
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Old 08-16-2015, 05:04 PM #10
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Default New and slightly confused too!

Hello everybody, I am newly registered to the site, I have been reading a lot of forums long enough that I feel I can share finally my own thoughts! It is in regards to SSI Hearing confusion, the waiting time for a decision is worse than the whole process...ok well maybe!
My hearing was about 2 wks ago...I'm 35 y/o, have extreme/severe PTSD and have had 3 neck fusions already. I applied for SSI in January of 2013, so almost 3 years ago. My story of the hearing is similar with the facts of the hearing being 15 minutes long and not asking the VE any questions at all. I answered about 5-7 questions for the Judge and then my attorney asked me a couple questions...the ptsd was from a horrible childhood/adulthood at 7 I was forced to drink along with being abused and stalked for a total of 21 yrs...etc and 3 knee surgeries along with a 3 disc fusion from a car accident.

I'll spare everyone all the details. After my attorney asked me about my daily routine and so on...the judge asked if this person was in jail I said no, he then asked if I had a restaining order and I again said no holding back the tears...when asked why I sadly held my tears and let him know I cannot do anything because of statue of limitations. He looked mad...not at me at the situation and he said he has made his decision and will get it out asap, and to expect it in about 4-5 wks. The VE said I did a great job and my attorney walked out with a smile.
It's not that easy said in my head so now I wait with anticipation kicking my butt. Yes I'm hopeful but I'm also hopeless, I've learned to expect the worst and hope for the best! Any other thoughts would be greatly appreciated. If I didn't say enough I can answer questions. thank you
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