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Just had my ssdi hearing and need advice

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Unread 04-17-2012, 10:51 PM   #1
Mimipaci
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Default Just had my ssdi hearing and need advice

I just had my ssdi hearing and my judge was hard to read what his thoughts were. But I really don't know if he ruled in my favor. My lawyer says he believes he did. This is what happened. The only questions the judge asked was my name and address. He asked me about the use of my cane and walker. I had back surgery a last year.

2 months after my surgery I had my social security exam. The doc said I was only disabled for a year and that I was ready to work even though I just had back surgery two months prior. My lawyer told the judge that he felt the report isn't credible. The judge told him he feels it was credible.

Judge then called the vocational expert. He asked him if I can do my old job. The ve sad no. The judge then gave the ve a hypothetical with a limitation of an unskilled job with no lifting over 20 lbs. the ve said there were 3 jobs. The judge then gave a second hypothetical of the same as first but that I needed to lay down 48 minutes a day which equals 5 hours per work week. The ve said none. The judge then asked my lawyer if he had any questions. My lawyer said well it depends on which hypothetical you are going with.

The judge then all of a sudden said the proceedings are included. We both thought we one. My lawyer then asked the judge if that meant he went with the second hypo. The judge said that no it didn't mean that. My lawyer asked permission to ask questions. Judge said that they were off the record. The lawyer asked to be put on the record. The judge then said to put it on the record that my lawyer requests to ask questions but that the request is denied.
The judge didn't even discuss the fact that two workmans comp doctors found me totally disabled. I really don't know what to think. My lawyer said it looked favorable even though the judge acted like that ......just for the simple fact that he didn't let him ask any questions Cauz that was my right. I need some advice. I don't know what to think. It takes months to get a decision.
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Unread 04-18-2012, 09:13 PM   #2
Psych.04
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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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Unread 04-23-2012, 02:44 AM   #3
finz
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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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Unread 07-12-2012, 04:52 PM   #4
babytoes
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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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Unread 07-12-2012, 08:44 PM   #5
finz
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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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Unread 07-14-2012, 01:35 PM   #6
bretd
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Quote:
Originally Posted by Mimipaci View Post
I just had my ssdi hearing and my judge was hard to read what his thoughts were. But I really don't know if he ruled in my favor. My lawyer says he believes he did. This is what happened. The only questions the judge asked was my name and address. He asked me about the use of my cane and walker. I had back surgery a last year.

2 months after my surgery I had my social security exam. The doc said I was only disabled for a year and that I was ready to work even though I just had back surgery two months prior. My lawyer told the judge that he felt the report isn't credible. The judge told him he feels it was credible.

Judge then called the vocational expert. He asked him if I can do my old job. The ve sad no. The judge then gave the ve a hypothetical with a limitation of an unskilled job with no lifting over 20 lbs. the ve said there were 3 jobs. The judge then gave a second hypothetical of the same as first but that I needed to lay down 48 minutes a day which equals 5 hours per work week. The ve said none. The judge then asked my lawyer if he had any questions. My lawyer said well it depends on which hypothetical you are going with.

The judge then all of a sudden said the proceedings are included. We both thought we one. My lawyer then asked the judge if that meant he went with the second hypo. The judge said that no it didn't mean that. My lawyer asked permission to ask questions. Judge said that they were off the record. The lawyer asked to be put on the record. The judge then said to put it on the record that my lawyer requests to ask questions but that the request is denied.
The judge didn't even discuss the fact that two workmans comp doctors found me totally disabled. I really don't know what to think. My lawyer said it looked favorable even though the judge acted like that ......just for the simple fact that he didn't let him ask any questions Cauz that was my right. I need some advice. I don't know what to think. It takes months to get a decision.
It sounds odd, the way the judge acted,, not bad just odd. They think they are gods, I recieved my denial within 3 weeks so it should'nt talk long. I appealed my denial and won, it is sent back down for another hearing, more than likely with the same asshole judge. I wish you only the best of luck.
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Unread 07-15-2012, 05:46 PM   #7
babytoes
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Smile Hi Finz

Quote:
Originally Posted by finz View Post
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 ?
Finz,
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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Unread 07-15-2012, 11:33 PM   #8
finz
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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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Unread 07-16-2012, 02:29 PM   #9
Mz Migraine
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Quote:
Originally Posted by finz View Post
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.
I believe you are correct especially if one elects direct deposit instead of a "paper" check.
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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Unread 07-22-2012, 09:52 AM   #10
don1956
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Quote:
Originally Posted by Psych.04 View Post
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.
your right about that.i got approved in a "SS"office.no judge or lawyer
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