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| | |-+  Hearing date set!!!Theme modified by www.pinoyden.com | WebDesigns www.devph.com		 « previous next »
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Topic: Hearing date set!!!  (Read 212 times)
need help
Senior Member
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Gender: Male
Posts: 125


Who's drivin'?
« on: February 04, 2012, 07:27:45 AM »
I (we) have been through sooo much up to this point. I can't describe the feeling that I had when my advocate told me that there was FINALLY a hearing set. (YAY!!)
  Now I guess the realization of things are setting in. I sit here (in my sisters home) with half of my family. Wife and other two kids are at her moms due to another eviction and this awful question keeps coming to mind. "What if they don't approve me?" "What if they make me have to appeal?" We can't survive that financially and medically I can't see a way of pushing on. Yes, I have a plan "B" ( "J" at this point) but the reality of that is I probably won't last a year before something truly drastic happens. (amputation, stroke or heart attack) Not being morbid, just realistic. BP stays @158/105 glucose @155-330 legs and hands are getting number and cramps are worse joints crack at every  move. etc etc etc

  wondering if I will be able to tell this to the judge and if it makes any difference.  any advice?
Logged
Name: Doc
Location: indiana
Age at Application: 46
Disability: Peripheral neuropathy hands and legs,COPD,diabetes,bells palsy,hypertension, bilat TTS, Bilat CTS, severe sleep apnea, depression and anxiety, coronary blockage,CONSTANT PAIN, hypertension cataracts, diabetic ulcers, Degenerative joints ankles, knees
Date Applied: 11/10
First Approval/Denial Date: denied ssi/ssdi 02/08/2011
Reconsideration Approval/Denial Date: @05/01/2011
Hearing Date: 02/27/2012
ALJ Approval/Denial Date: APPROVED 03/19/2012 onset changed from 04/08 to 08/10
miapoppy
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Gender: Female
Posts: 2225
« Reply #1 on: February 04, 2012, 08:04:18 AM »
Yes Doc, I would tell the judge those things, I am so sorry you are going through so much Sad I am happy you have a hearing date set and wish you the very best of luck!!!
Logged
"He that is thy friend indeed,He will help thee in thy need:If thou sorrow, he will weep;If thou wake, he cannot sleep:Thus of every grief in heart He with thee does bear a part.These are certain signs to know Faithful friend from flattering foe." William Shakespeare
Name: Fighting for hubby :)
Age at Application: 48/50 today January 28th!
Disability: Recently diagnosed with Renal-Artery Stenosis of left kidneySleep apnea, PAD, COPD,Malignant hypertension, elevated blood pressure. DJD of knee.
Date Applied: October 2010
First Approval/Denial Date: Feb 2011
Reconsideration Approval/Denial Date: Applied Feb and waiting .....Denied April 22, 2011
Date Hearing Notice Received: December 2011
Hearing Date: Applied May 2011. Hearing April 6th 2012.
ALJ Approval/Denial Date: Approval letter April 30th
Sitting Bull
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Gender: Male
Posts: 81
« Reply #2 on: February 04, 2012, 08:12:21 AM »
If you don't meet a listing or grid out, it is imperative that your attorney use a functional capacity argument.

To support the functional capacity argument you need a current RFC form/Medical Source Statement from your doctor that shows SSA in their terminology how your severe impairments prevent you from working any job. If the medical evidence supports the RFC form/Medical Source Statement content - you have an excellent chance of winning your case.

It's not enough to have a medical condition - you must prove you have a severe impairment(s) that prevents you from working any job based on the functional capacity caused by said impairment(s).
Logged
Typed via MacSpeech Scribe for Mac Voice-to-text speech converter
Age at Application: 44
Disability: Severe Degen Arthritis, Diabetes, Lymphedema, Morbid Obesity, Carpal Tunnel, Neuropathy, Heart Disease, Depression, Wheelchair bound
Date Applied: 1/2007
First Approval/Denial Date: denied 4/2007
Reconsideration Approval/Denial Date: denied 6/2007
Hearing Date: 2/2009
ALJ Approval/Denial Date: Approved - Fully Favorable 3/2009
Additional Info: CDR Short Form 10/2011 Deferral Notice 01/2012
SSDAdmin
Administrator
SUPERSTAR Member
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Gender: Female
Posts: 8295
« Reply #3 on: February 04, 2012, 04:57:04 PM »
Doc,

I would put something very similar to this post together and include the reasons, medically, you are where you are.  I would then give it to your attorney to use in the opening statement or where they deem appropriate.  Often when someone gets in front of a judge the nerves take over and things are forgotten or said the wrong way so this will help make sure that does not happen.

Marci
Logged
I speak from experience not expertise.
Name: Marci
Location: Florida
Age at Application: 35
Disability: Arthritis, Degenerative Disc, Migraines, Foot Injury
Date Applied: September 2005
First Approval/Denial Date: Denied February 2006
Reconsideration Approval/Denial Date: Denied October 2006
Date Hearing Notice Received: October 2008 two weeks before hearing
Hearing Date: October 2008
ALJ Approval/Denial Date: Letter Received December 2008
Date Award Letter Received: January 2009
Date Back Pay Received: February 2009
Additional Info: Approved at hearing, no Attorney
emmarodgers73
Senior Member
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Gender: Female
Posts: 126
« Reply #4 on: February 04, 2012, 06:18:51 PM »
Doc, if you have not done so, get your senator involved. Fax them  a copy of eviction notices and past due bills. It helped me tremendously. Once I was approved I was notified by my senator to be expecting my back pay and it only took two weeks. I have no doubt you will be approved. Tell the judge everything going on with you and have up to date medical records. Believe me it helps. I got my senator involved before my court date. Hopes this helps!
Logged
Name: Emma
Location: Alabama
Age at Application: 37
Disability: spinal stenosis, osteoarthritis in knees, depression, anxiety, fibromyalgia,DDD, Restless leg syndrome
Date Applied: 07/30/2010
First Approval/Denial Date: denial- 02/10/2011
Reconsideration Approval/Denial Date: no reconsideration in Alabama
Hearing Date: October 26,2011
ALJ Approval/Denial Date: October 26, 2011 approved at hearing!
need help
Senior Member
****
Gender: Male
Posts: 125


Who's drivin'?
« Reply #5 on: February 04, 2012, 06:44:26 PM »
 Once again I thank you all!!! Seems like alot of good advice. I have had a hard time getting a Physical RFC from the V.A. BUT I did get a mental RFC from my Psych that my atty seemed to feel was very positive for my case. I don't know what it said but my GAF scores have been upper 40's lower 50's. I am going to try and find a doctor who will do a physical RFC.

  PLEASE keep the ideas coming guys. If only to keep me busy trying to find out more info. Thamks
Logged
Name: Doc
Location: indiana
Age at Application: 46
Disability: Peripheral neuropathy hands and legs,COPD,diabetes,bells palsy,hypertension, bilat TTS, Bilat CTS, severe sleep apnea, depression and anxiety, coronary blockage,CONSTANT PAIN, hypertension cataracts, diabetic ulcers, Degenerative joints ankles, knees
Date Applied: 11/10
First Approval/Denial Date: denied ssi/ssdi 02/08/2011
Reconsideration Approval/Denial Date: @05/01/2011
Hearing Date: 02/27/2012
ALJ Approval/Denial Date: APPROVED 03/19/2012 onset changed from 04/08 to 08/10
SSDAdmin
Administrator
SUPERSTAR Member
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Gender: Female
Posts: 8295
« Reply #6 on: February 04, 2012, 09:17:43 PM »
Your GAF score is "good" by social security standards.  It should go a long way to help support you claim.  Anything under 50 is what they are looking for.

As for advice, other then writing out a statement for your attorney to review, I think it is important to listen.  Answer only what is asked and don't volunteer information.  A Judge knows what he/she needs to fill in the blanks and it is best to try and not confuse the issue. 

Also do not let yourself get flustered.  My hearing started with the Judge asking me numerous times if I wanted to reschedule and hire an attorney.  He then chastised me for moving around in my chair as he "reviewed" my file.  I thought for sure it was over and in the end I got a bench decision so never give up!

Marci
Logged
I speak from experience not expertise.
Name: Marci
Location: Florida
Age at Application: 35
Disability: Arthritis, Degenerative Disc, Migraines, Foot Injury
Date Applied: September 2005
First Approval/Denial Date: Denied February 2006
Reconsideration Approval/Denial Date: Denied October 2006
Date Hearing Notice Received: October 2008 two weeks before hearing
Hearing Date: October 2008
ALJ Approval/Denial Date: Letter Received December 2008
Date Award Letter Received: January 2009
Date Back Pay Received: February 2009
Additional Info: Approved at hearing, no Attorney
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