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Unread 01-23-2013, 07:21 PM   #1
bretd
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Default remand heaeing update

I was denied, I have'nt recieved the desicion yet, but found out from my congressman they denied me agian, ****ing hopeless.
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Unread 01-23-2013, 08:05 PM   #2
Rayandnay
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Originally Posted by bretd View Post
I was denied, I have'nt recieved the desicion yet, but found out from my congressman they denied me agian, ****ing hopeless.
Do you have a lawyer, and how old are you? Plus, what are disabilities?
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Unread 01-23-2013, 08:39 PM   #3
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Sorry to hear that bret
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Gee, this looks like a great place to sit and have a picnic with my yummy bone !
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Unread 01-23-2013, 09:24 PM   #4
LIT LOVE
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Unfortunately, you'll have to appeal again. Hopefully, you'll get a different judge next time.

You mentioned in another post that your doc should be given more weight than the SS doc. Do you you only have 1 docs opinion? I'd suggest getting additional opinions. You want overwhelming evidence.

I'd also consider using your local Voc Rehab Services. They'll determine if they can train you for a job and send you to their own docs as well. This would certainly be creditable documentation if you're too severely disabled for any type of job.

I know in my case I had discussed many of my issues with my doc but they didn't necessarily get documented, nor did I pinpoint how they needed to be documented. If you post more concrete info once you get the denial, perhaps someone can be of help. I found my attorney was incredibly lazy, and his responses were incredibly generic. I could have found a better attorney, but ended up representing myself. While it took longer since I had a learning curve, I actually had some advantages in the process. If I had to do it over I would hire an ex SS employee (non attorney Rep) and learn the system as well.

You're going to have to plan at least another year of no income, though. This might mean asking family for help, having your wife pickup a small side job, getting food stamps, selling stuff on EBay, renting out a room, selling a 2nd vehicle, etc. It is a miserable reality, but hopefully this is a temporary situation. If you have any debt, call and make arrangements to have payments halted temporarily...

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Unread 01-23-2013, 11:06 PM   #5
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Originally Posted by bretd View Post
I was denied, I have'nt recieved the desicion yet, but found out from my congressman they denied me agian, ****ing hopeless.
I am so sorry.....
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Unread 01-24-2013, 06:46 AM   #6
bretd
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Quote:
Originally Posted by LIT LOVE View Post
Unfortunately, you'll have to appeal again. Hopefully, you'll get a different judge next time.

You mentioned in another post that your doc should be given more weight than the SS doc. Do you you only have 1 docs opinion? I'd suggest getting additional opinions. You want overwhelming evidence.

I'd also consider using your local Voc Rehab Services. They'll determine if they can train you for a job and send you to their own docs as well. This would certainly be creditable documentation if you're too severely disabled for any type of job.

I know in my case I had discussed many of my issues with my doc but they didn't necessarily get documented, nor did I pinpoint how they needed to be documented. If you post more concrete info once you get the denial, perhaps someone can be of help. I found my attorney was incredibly lazy, and his responses were incredibly generic. I could have found a better attorney, but ended up representing myself. While it took longer since I had a learning curve, I actually had some advantages in the process. If I had to do it over I would hire an ex SS employee (non attorney Rep) and learn the system as well.

You're going to have to plan at least another year of no income, though. This might mean asking family for help, having your wife pickup a small side job, getting food stamps, selling stuff on EBay, renting out a room, selling a 2nd vehicle, etc. It is a miserable reality, but hopefully this is a temporary situation. If you have any debt, call and make arrangements to have payments halted temporarily...

I have a very good lawyer, he works very hard for me. He is one reason why I got the remand in the first place. I also had a letter from a therapist who gave me an evaluation before my last hearing, and was so so on if I could do sit and stand work, my lawyer sent her a letter asking her to look over my Dr. rfc and his notes, and she wrote a letter to the Judge stating I am unable to do any form of work. So I had more than my Dr. opinion. Like I said this Judge has a 9% approval rating. He had a hearing were a person had one of the qualifing disabilities, right there the hearing stops and the person is disabiled, he contuied with the entire hearing. I have been over with my docotor what he needs to do and make sure he writes down everything. He also wrote a letter for me. Thank you for the advice, we have sold everything we own to live, we do go to food banks, we have been denied welfare, our family's can only help so much.I am going to the salvation army next week to try and get help with our shut off notice for the elc. I dont know how I can get the money for my propane to heat my home. Kinda cold in Michigan. And I do know how long it takes, we have been thru the appeals council once. And because of my lawyers 3 page brief is one reason why I got it remanded back. We requested a new Judge and were denied. And I am working with my congressman, that is how I found out the desicion. thank you for your input.
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Unread 01-24-2013, 06:56 AM   #7
bretd
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Quote:
Originally Posted by Rayandnay View Post
Do you have a lawyer, and how old are you? Plus, what are disabilities?
I have a very good lawyer, I am 46. I injured my back at work in 2005. I went thru all of the therapy's, 8 injection's, I was sent to a Orthopidiac surgeon, because of the severe pain and numbness in my left leg, and my mri he did a surgery to help that, I forget what its called,and I am sure I would spell it wrong. I had min. results from that. My condition got worse and worse, to the point that I was bed ridden for 3 months before I had a triple spinal fusion s1 L3-4 in jan. 2010. My condition improved only so much is that I am not bed ridden anymore. The surgeon eventually sent me back to my doctor for pain managment. I have sufferd severe depression for over three years, my doctor is treating me for that. My docotor whats me to go to the pain clinic for better help with my pain, but I dont have the money for the co-pays or just the gas and ability to get there. He also what me to see someone about my depression the same issues with that. Thanks for your input.
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Unread 01-24-2013, 10:00 PM   #8
LIT LOVE
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Did you mean a physical therapist? It's my understanding their opinion is given very little weight in the process.

My attorney is supposed to be one of the "best" in my area for SS as well. Maybe yours is great, but it's very common for them to only review your file right before heading into the ALJ. Their commissions are too low IMO for them to justify the hours really required. Fighting for a remand is much easier IMO than getting a Fully Favorable decision.

I had the barest of hurdles to contend with to prove my condition was as severe as I was claiming by the time I was in front of an ALJ (for the last time.) It seemed ridiculous. But it took countless hours to research and document, and I had several favorable doc opinions. If it's just your one doc being weighed against the SS doc, the ALJ has a much easier time handing down a denial. Clearly your ALJ is tougher than most, but that's all the more reason to give additional evidence.

I'm just trying to give info that might help with your next round. I found parts of the process to be nonsensical. (Having to argue that I couldn't perform a job that existed in the mid 80's, but no longer does, for example.) It is what it is.

One last strategy is to to try and work. I'm assuming you'd be terminated very quickly and a pattern documenting that your disability precludes you from any type of job would help you. Again, Voc Rehab, would be a good place to start.
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