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View Full Version : Administrative Law Judge bench decision! it happens!




nuttymaster1
03-21-2008, 01:21 PM
has anyone had an Administrative Law Judge bench decision,:confused: i had my hearing this month and the judge made up his mind on the spot. i just want to know if any one has had this happen to them. its been 4 years and glad its over with.:Excited:




karousel
03-21-2008, 06:33 PM
Unfortuntely, that didn't happen for me but, my girlfriend had this happen for her.

Congratulations!!

moneymaker8
03-30-2008, 09:33 PM
I had my hearing on February 25th after 3 years waiting. I received a fully favorable bench decision I didn't even have to go infront of the judge. My attorney went in to get the file took it back spoke to judge and judge gave decision. I was so thankful to God for the decision. I haven't received my award letter yet but my attorney assures me that I have won and not worries just have to wait its been 5 weeks. The judge gave me benefits all the way back to Feb 2005. I know that this will be a better time for my husband and myself soon. Congratulations on your win and maybe we can stay in touch let me know how long it takes you to get your benefits. I'm trying to be patient but I need a car so bad it will make life much easier just can't hardly wait.

Beverley

TheSleeper
03-31-2008, 11:41 PM
I had one, I had been out of work for 29 months, a variety of different diagnosis`es none correct but the final one and worded so strongly by a respected expert on MS it could not be faulted.

The judges first words to me after the opening stuff was I don`t understand why you are here. I had been denied twice by SSDI for no valid reason and they didn`t seem to have been interested enough in determining if I had a valid claim, easier just to deny.

After lame answers by SSDI experts, their own testimony that I would have been unable to work at any point of my illness( I had in fact tired for 5 months) he granted a bench decision to speed up the payment of past and current payments owed.

As I recall I had the back money in less than a month and current payment the next.

nuttymaster1
04-04-2008, 01:14 PM
I had my hearing on February 25th after 3 years waiting. I received a fully favorable bench decision I didn't even have to go infront of the judge. My attorney went in to get the file took it back spoke to judge and judge gave decision. I was so thankful to God for the decision. I haven't received my award letter yet but my attorney assures me that I have won and not worries just have to wait its been 5 weeks. The judge gave me benefits all the way back to Feb 2005. I know that this will be a better time for my husband and myself soon. Congratulations on your win and maybe we can stay in touch let me know how long it takes you to get your benefits. I'm trying to be patient but I need a car so bad it will make life much easier just can't hardly wait.

Beverley

hello just wondering if you got your award letter? i hope by now you did,. if so did everything go ok? did u get what you where told by your attorney, i waiting still on mine and hope it will come soon. just wanted to keep in touch. good luck your friend matt:grouphug:

tjsmith890
04-05-2008, 09:56 AM
I had one, I had been out of work for 29 months, a variety of different diagnosis`es none correct but the final one and worded so strongly by a respected expert on MS it could not be faulted.

The judges first words to me after the opening stuff was I don`t understand why you are here. I had been denied twice by SSDI for no valid reason and they didn`t seem to have been interested enough in determining if I had a valid claim, easier just to deny.

After lame answers by SSDI experts, their own testimony that I would have been unable to work at any point of my illness( I had in fact tired for 5 months) he granted a bench decision to speed up the payment of past and current payments owed.

As I recall I had the back money in less than a month and current payment the next.



I just start my apply process and feel like there is no end to this nightmare. My lawyer told me that 50% of the cases are turned down and I have at least another 2 years before it goes before a judge. Now someone in the know about these things said that I will never get becomes my pain is being controlled medication. Which means, I am not disabled enough for SSDI but the Alabama Department of Rehab counselor told me that I am not employable. Other medical people and doctors have told me that but they will not put it in writing. I even had former SSA worker tell me that having small fiber peripheral neuropathy is not disabling enough and I should just go back to work. However I am incapable of working. The side effects along is making my life unbearable.

moneymaker8
04-09-2008, 04:07 PM
hello just wondering if you got your award letter? i hope by now you did,. if so did everything go ok? did u get what you where told by your attorney, i waiting still on mine and hope it will come soon. just wanted to keep in touch. good luck your friend matt:grouphug:

I haven't received anything by mail yet getting a little nervous even though attorney says nothing to worry about. I wish my letter would come soon I need the money so bad. I pray everyday that I will recieve the money soon

Beverley

Jo*mar
04-09-2008, 04:30 PM
I don't know if SSD has a similar time line as WC - but my settlement was agreed to on 2/05 and I didn't get the check until about 5 months later.

your atty should be able to give you a time line... or email, call or contact SSD thru their website and ask about it ???
If you state how long you have had no income and been injured it might help someone to move things along...
But due to red tape, paperwork and bureaucracy these things happen much slower than we hope for..or need them too.

TheSleeper
04-12-2008, 07:33 AM
tjsmith890, "Alabama Department of Rehab counselor told me that I am not employable" will they put it in writing? I am not a lawyer, just my advice is if you are unable to work keep fighting.

I firmly believe they fight claims to make people give up and their records of denials support this. Also the longer they delay the more you wind up giving back to another government agency (IRS) in back taxes. Taxes are owed in the years income the award is received, no income averaging for the years they should have been paid.

*Abigail
04-16-2008, 06:01 PM
I was denied at the first step, the second step, and then we requested a hearing. Never got that far though.....my file was reviewed by the ALJ who would have heard the case, and he said no hearing required.....fully favorable award.....so it does make one wonder if at the two initial steps the majority of claims are denied. Don't know, just know I'm so thankful.....I've been so sick, and without insurance......a rough road that I'm sure a lot of you have been on.....my prayers are with you all.

Happyatlast
01-28-2009, 05:18 PM
I was denied at the first step, the second step, and then we requested a hearing. Never got that far though.....my file was reviewed by the ALJ who would have heard the case, and he said no hearing required.....fully favorable award.....so it does make one wonder if at the two initial steps the majority of claims are denied. Don't know, just know I'm so thankful.....I've been so sick, and without insurance......a rough road that I'm sure a lot of you have been on.....my prayers are with you all.


Same. I got sick with another really insidious issue, fibromyalgia. Impossible to prove to the nth degree that the initial claim wanted. I was waiting to head to court and got a call today. Judge approved all of it without a hearing. I am still in a total state of shock. Was googling looking to see if this ever happens and came across your website here. My thoughts and good energy are with all of you. I am trying to understand how it works from here. I never even thought past getting approved for ssi ssd. A miracle !!

rwillilwilli
05-07-2009, 10:00 PM
I had that happen to me on the spot it feels like a big releif until you have to give it too the state for giving you welfare while you were disabled that feeling never goes away if you receive mioney from welfare you have to pay it back all of it so i get nothing except my monthly check um dont sound fair but it happens rules need to be changed.has anyone had an Administrative Law Judge bench decision,:confused: i had my hearing this month and the judge made up his mind on the spot. i just want to know if any one has had this happen to them. its been 4 years and glad its over with.:Excited:

swimgirl16
05-08-2009, 12:24 PM
I had my hearing on April 7th. The judge asked me to tell him why I was here, and I barely had to say a word to him, and he said you are approved atomatically. Infact I learned I would be getting SSDI and SSI eventhough I never worked, but I will be getting it off my Dad. I even learned that I had the basis for a lawsuit despite the statue of limitations in NC that caused me to be in this situation in the first place.

Hoosier_Daddy
05-08-2009, 10:12 PM
I had my hearing on April 7th. The judge asked me to tell him why I was here, and I barely had to say a word to him, and he said you are approved atomatically. Infact I learned I would be getting SSDI and SSI eventhough I never worked, but I will be getting it off my Dad. I even learned that I had the basis for a lawsuit despite the statue of limitations in NC that caused me to be in this situation in the first place.

Wow I did not know you could draw SSDI on a relative like that.

Abbie
05-08-2009, 11:44 PM
I had my hearing on April 7th. The judge asked me to tell him why I was here, and I barely had to say a word to him, and he said you are approved atomatically. Infact I learned I would be getting SSDI and SSI eventhough I never worked, but I will be getting it off my Dad. I even learned that I had the basis for a lawsuit despite the statue of limitations in NC that caused me to be in this situation in the first place.

Wow I did not know you could draw SSDI on a relative like that.

You can draw on your parents if you are under 18. There may be some other way but I'm not sure...

maybe if you are over 18 but in school... but that's just a guess on my part.

TEC49
06-13-2009, 01:25 PM
has anyone had an Administrative Law Judge bench decision,:confused: i had my hearing this month and the judge made up his mind on the spot. i just want to know if any one has had this happen to them. its been 4 years and glad its over with.:Excited:


Congrat's! Yes, I had my hearing 3 June after 3 denials! The judge after hearing from his ME, my lawyer and asking me a few questions (this happened in reverse order) said I am ready to make a decision. I am ruling in your favor, my written decison will follow. Man I felt like a mountain had been lifted off me! My wife who was a wittness in waiting emotional to say the least. For more than 5 years she has bore the financial weight of our family sometimes barely medimum wage jobs while watching my physical and mental health deteriate right before her eyes. Enough about us. Congratulatios again on you decision! Let us know how long it takes for the next phase. God Bless you and your family.

TEC49

Bravesfan2014
06-17-2009, 10:24 PM
Yes .. I just got approved on May 29th and it was very anti-climactic! I went to the hearing in B'ham and just walked up to the window with my lawyer and they handed him a paper saying the judge just took a look at my case and decided to approve me without a hearing! Pretty good break, there! =)

can't sleep 953
12-11-2009, 07:53 PM
I was turned down twice by mail and then i was turned down by the judge on my s.s.d.. I have worked 31 yrs. Of hard production work and i can't beliece it. It's like a bad dream. I have had neck surgery and still suffer from neck pain and headaches. I have 3 disc in my back that are messed up that causes a lot of pain in my back and legs and i don't sleep good. Has anyone else been thru this and what can i expect?

Abbie
12-11-2009, 11:07 PM
Can't Sleep...

Appeal!!!! If you don't have one...find a disability lawyer!!! Do not give up!!!

You are not alone.... I've been told that many, many people are denied many times.

Wishing you the best.... And Welcome to Neurotalk!!! Please roam around and join in anywhere!!!

:hug:<----gentle hug.
Abbie

justmythoughts
12-13-2009, 08:20 PM
I had my hearing on April 7th. The judge asked me to tell him why I was here, and I barely had to say a word to him, and he said you are approved atomatically. Infact I learned I would be getting SSDI and SSI eventhough I never worked, but I will be getting it off my Dad. I even learned that I had the basis for a lawsuit despite the statue of limitations in NC that caused me to be in this situation in the first place.

An adult child (any age) can draw benefits from the parent's account IF:

A. the parent is drawing retirement benefits, or SSDI
AND
B. disability for the applicant can be proven to have occurred before age 22.

Lawsuit? Against whom? On what basis?

sweets59
01-14-2010, 01:59 PM
has anyone had an Administrative Law Judge bench decision,:confused: i had my hearing this month and the judge made up his mind on the spot. i just want to know if any one has had this happen to them. its been 4 years and glad its over with.:Excited:

[I] just received bench decision how long will it tAKE BEFROE I RECEIVE ANY MONEY?

Hoosier_Daddy
01-18-2010, 10:34 AM
took me 2 months to get my monthly benefits and 5 for my backpay. It only took 3 months to get my kids backpay however.

Janke
01-18-2010, 12:44 PM
[I] just received bench decision how long will it tAKE BEFROE I RECEIVE ANY MONEY?

After the written (not verbal) decision, initial checks take about 30-60 days, retroactive benefits take 60-90 days.

Achilles927
02-05-2010, 08:57 PM
So if I was granted a favorable bench decision AND the judge filed that decision right there...which he did cuz he said he was doing it as he spoke....would that cut some time off?

Janke
02-06-2010, 02:23 AM
So if I was granted a favorable bench decision AND the judge filed that decision right there...which he did cuz he said he was doing it as he spoke....would that cut some time off?

What is the date of your written decision? Add 30-60 days for your first check. Add 60-90 days for the retroactive benefits. That is a reasonable expectation.

Achilles927
02-06-2010, 11:59 AM
What is the date of your written decision? Add 30-60 days for your first check. Add 60-90 days for the retroactive benefits. That is a reasonable expectation.

Not sure about the written decision. The judge and the attorney both said that by filing his decision electronically from the bench that pretty much negates waiting on a written decision since he was writing it right then and there. Its my understanding that typically it can take upwards of 6+ weeks to get a written decision in most cases because of the case having to be sent to a processing center. My judge did that while I sat there. So I dont know. I guess I can always call and ask. Been waiting almost 4 years - a few more months wont make much difference I guess.:rolleyes:

lisaa123
02-12-2010, 03:23 PM
has anyone had an Administrative Law Judge bench decision,:confused: i had my hearing this month and the judge made up his mind on the spot. i just want to know if any one has had this happen to them. its been 4 years and glad its over with.:Excited:

Yes this happens. Now you get to sit back and wait for the check. Congrats!!

dcartwr66
01-04-2011, 08:15 PM
Same. I got sick with another really insidious issue, fibromyalgia. Impossible to prove to the nth degree that the initial claim wanted. I was waiting to head to court and got a call today. Judge approved all of it without a hearing. I am still in a total state of shock. Was googling looking to see if this ever happens and came across your website here. My thoughts and good energy are with all of you. I am trying to understand how it works from here. I never even thought past getting approved for ssi ssd. A miracle !!

hi, I have fybro to and i applied for disability and got denied so i got a lawer and appealed. after 2yrs I finally have a hearing on jan 10th, 2011. but my lawer is going in for my bipolar instead i guess. he asked me what i was seeing one of my drs for that was on my list and i told him bipolar so he gave me papers for my dr to fill out. so i did and gave them back to him. the dr basicly says on those papers that i cant work so im hoping for the best. he said this judge i have is usually good about giving decisions quickly so we will see. I hope to get approved and get my money quickly. it would be great to get a decision right there. I read where people have so that would be nice if that happened. I think it is easier to get disability for mental health than anything else and my lawer knows this so that may be why he gave me the papers. anyone out there waiting on a hearing i wish you luck, it does take a while. but make sure you have a lawer. good luck all