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| | |-+  ALJ judge did not ask the VE any questions whatsoever......
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Topic: ALJ judge did not ask the VE any questions whatsoever......  (Read 2366 times)
~ Platinum ~

People helped 8
Gender: Female
Posts: 435

« on: February 02, 2013, 10:02:05 PM »

Hi, I'm new here and i just had my hearing this past jan 22nd i thought it went badly because it seemed to take a short amount of time, bout 30 minutes. the judge asked me about my daily living like what i did on a daily basis, the work i did and several other questions about my health which\ I was very embarrassed to answer, i think i actually looked at the judge 3x during the whole thing i sat with my head bent talking to the table, in fact he had to ask me to talk louder cause i was talking too soft.

he called on the physical doctor who described my surgeries but no one else.

the only thing he asked my lawyer for was for my pharmacy history from 2010 to present, is that odd?

when my attorney and i got back into the waiting room i say "well i don't think that went well at all" and my lawyer said "oh no,i think it went very well. he didn't call on the VE so he thinks that you're unable to do any jobs at all" but then he hedged his bets with "but no one can say for sure you just have to wait 30-60 days"

i sent my lawyer the histories from all the drug stores i've been to for the past 3 years.

 they haven't yet sent off the paperwork to the judge. God i'm so nervous i can't stand not knowing!

An insincere and evil friend is more to be feared than a wild beast; a wild beast may wound your body, but an evil friend will wound your mind.
Location: East Heehaw
~ Bronze ~

People helped 3
Gender: Female
Posts: 47

a careless father's careful daughter

« Reply #1 on: February 02, 2013, 10:06:07 PM »

From what I hear, the shorter the hearing, the better.  It sounds like it went well to me, too.

“Whenever you read a cancer booklet or website or whatever, they always list depression among the side effects of cancer. But, in fact, depression is not a side effect of cancer. Depression is a side effect of dying.”  ~John Green, The Fault in Our Stars
Name: Kate
Location: Eastern Shore, US
Age at Application: 32
Disability: dxs: PTSD, Depressive Disorder NOS (Bipolar vs. Major Depression), ADHD, BPD
Date Applied: Sometime in late 2010/11
Hearing Date: 12/12/2012
ALJ Approval/Denial Date: Denied: 1/8/2012, Waiting for lawyer to call me regarding how to proceed...
Additional Info: Meds I take: Cymbalta, Wellbutrin. The waiting is extremely difficult. I feel like the answer is a life or death one.
~ Platinum ~

People helped 379
Gender: Female
Posts: 14827

« Reply #2 on: February 02, 2013, 10:07:34 PM »

The reason they ask for records from your pharmacy is to make sure you are taking the drugs as prescribed and filling them regularly. 

If the VE was there and was not questioned, I agree it sounds like it went well. 

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
~ Titanium ~

People helped 6
Gender: Female
Posts: 194

« Reply #3 on: February 02, 2013, 10:12:45 PM »

to be honest there is no way to tell.
ive heard people having short hearings and getting approved and people having short ones and getting denied.

ive heard that a ve was not present or not questioned and them being approved and vice versa.

i dont think there is any way to judge at all unless the alj says they are approving you bc of how different each persons case and how each situation has played out.
Age at Application: 32
Disability: -sacroiliac joint dysfunction - sacrolitis - 2 level failed lumbar fusion w/ pseudarthrosis- Degenerative disc disease-Currently have 2 bulging disc lumbar, 2 bulging disc thoracic and a good sized herniated thoracic disc. -fibromyalgia - hip bursitis - knee bursitis - MVP with tachycardia - both ear drums are ruptured with hearing loss in both - carpal tunnel right arm- osteoarthritis of pelvis and spine -severe major depression/dysthymic disorder/generalized anxiety/social anxiey/ somatoform pain
Date Applied: 10/2011
First Approval/Denial Date: 6/2012
Date Hearing Notice Received: 8/2012
Hearing Date: 12/12/12
ALJ Approval/Denial Date: Approved 5/14/2013
Date Award Letter Received: 5/17/2013
Additional Info: onset 3/2011 .. waited until 10/2011 to file bc i was hoping surgery would fix me.
~ Platinum ~

People helped 8
Gender: Female
Posts: 435

« Reply #4 on: February 02, 2013, 10:13:06 PM »

wheew, i'm so glad that people think it went well. I read on another site to contact the local odar office and ask what the backlog time frame is for a decision but to take it with a grain of salt.

is there a website that you can go to to check on your appication? i'm dying to know!!!!

An insincere and evil friend is more to be feared than a wild beast; a wild beast may wound your body, but an evil friend will wound your mind.
Location: East Heehaw
~ Platinum ~

People helped 16
Gender: Female
Posts: 358

« Reply #5 on: February 02, 2013, 10:15:54 PM »

Welcome and hopefully your attorney is experienced and his opinion is trustworthy. Of course he does not have a magic ball, but I would be glad he thought it went well. I hope the years of pharmacy records and surgery descriptions help the judge approve you.
Age at Application: 35
Disability: Multiple
Date Applied: Dec 2012
First Approval/Denial Date: March 2013
Reconsideration Approval/Denial Date: Approved July 2013
~ Platinum ~

People helped 44
Posts: 684

« Reply #6 on: February 02, 2013, 10:32:21 PM »

Wow, what a procedure, you don't know whether you are going to get the electric chair or lethal injection. It's like your doctor telling you, you have 24 hours to live, and I couldn't reach you yesterday. They make you wait a year just to see this guy, which means he has had ample time to review your file, at that point he should know yea or nay
~ Platinum ~

People helped 11
Gender: Female
Posts: 218

« Reply #7 on: February 03, 2013, 01:40:01 AM »

My hearing was less than 15 mins and the judge didnt ask the VE any questions. I think its very good for you!

DX: Dysautonomia (autonomic dysfunction), Postural Orthostatic Tachycardia Syndrome, Orthostatic Intolerance, Multiple Sclerosis, Chronic Migraines, Gastroparesis, IBS, legally blind in right eye from optic neuritis.
Panic disorder, agoraphobia, depression.
Age at Application: 21
Date Applied: 01/03/11
First Approval/Denial Date: 05/11
Reconsideration Approval/Denial Date: 12/11
Date OTR requested: 01/12
Date Hearing Notice Received: 12/05/12
Hearing Date: 01/10/13
ALJ Approval/Denial Date: approved 1/18/13
Date Award Letter Received: SSDI award letter 2/4/2013. DAC award letter 2/13/13
Date Back Pay Received: SSDI-2/4/13. Still waiting on DAC back pay
Date Dependent Benefits Received: Daughters-2/11/13
Additional Info: I recieve SSDI, DAC benefits and dependent benefits for my daughter.
~ Platinum ~

People helped 387
Gender: Male
Posts: 2488

Mean Administrator

« Reply #8 on: February 03, 2013, 08:13:05 AM »

In the worst case scenario:  If a VE was present, the ALJ must have decided prior to the hearing that a VE would be needed.  If the ALJ did not question the VE and issues an unfavorable decision, then that will be grounds alone for a remand from the Social Security Appeals Council.

However, I agree with your attorney and say it sounds like it went very well!   Main21

"If one of these engines fails, how far will the other one take us?"
"All the way to the scene of the crash!" - Ron White
Name: Bonzai
Location: TN
Age at Application: 47
Disability: BP 1, OSA, HTN, DM II, Arthritis Knee
Date Applied: Feb 08
First Approval/Denial Date: Denied Dec 08
Reconsideration Approval/Denial Date: Denied Mar 09
Hearing Date: second hearing June 2012
ALJ Approval/Denial Date: Approval - Aug 2012
Date Award Letter Received: Oct 2012
Date Back Pay Received: Late Sept 2012
Additional Info: remanded
~ Platinum ~

People helped 15
Gender: Female
Posts: 449

« Reply #9 on: February 03, 2013, 11:33:56 AM »

I'm one of the lucky ones where the VE was present but not questioned, and I was denied. The attorney was so confident that i had won  Confused24

I'm now waiting on the appeals council.
~ Silver ~

People helped 0
Gender: Female
Posts: 85

« Reply #10 on: February 03, 2013, 01:59:23 PM »

Hmm...not sure what to make of it. It can go either way. Hope you hear some good news soon. Keep us posted!
Name: Tasha
Location: Mississippi
Age at Application: 22 (25 now)
Disability: Ehlers-Danlos Syndrome Classical Type I, Postural Orthostatic Tachycardia Syndrome, Fibromyalgia, Edema, Sleep Apnea, IBS, GERD, TMJ, DDD in Lumbar spine, mild narrowing in Lumber spine, Scoliosis, disc displacement Thoratic and Lumbar, Hital Hernia, Chronic Migraines, Insomnia, Depression, Intersitial Cysitis, High BP, Unspecified Hypertensive Heart Disease with Congestive Heart Failure(09/18/12) just found this out
Date Hearing Notice Received: January 2012
Hearing Date: January 28th 2013
ALJ Approval/Denial Date: Approved 02/11/13
~ Bronze ~

People helped 3
Gender: Male
Posts: 48

« Reply #11 on: February 03, 2013, 02:52:30 PM »

My judge asked me for the past year and half fills for my pain meds. She gave me 3 days to do it so I and my lawyer took that as a good sign. She  even noted that they increased in my fully favorable letter. So its not uncommon.
Name: David
Location: Pa
Age at Application: 43
Disability: Compression Fractures T-spine, Significant Thoratic deformity as a result, Diabeties Type 1
Date Applied: Nov 2010
First Approval/Denial Date: April 2011
Reconsideration Approval/Denial Date: N/A
Date OTR Approved/Sent to Hearing: June 2011
Date Hearing Notice Received: June 2012
Hearing Date: July 31 2012
ALJ Approval/Denial Date: Approved August 09 2012
Date Back Pay Received: September 04 2012
Additional Info: Police Officer for 18 years before injury from MVA Nov 2009. Used an attorney at ALJ level
SSDFacts Supporter
~ Platinum ~

People helped 79
Gender: Female
Posts: 2787

« Reply #12 on: February 03, 2013, 08:27:06 PM »

My hearing lasted less than 30 mins and the VE was present   The ALJ reviewed my medical records and the brief prepared by my attorney.He asked of me various questions then allowed my attorney to ask me questions. Afterwards  the ALJ did ask the VE if based upon the info presented if the VE thought it possible for me to be employed and the VE replied no. I'm not a betting woman and neither am I a prognosticator or fortune teller but I would say that your situation sounds positive. I certainly hope so . It makes my day whenever I hear that someone else has been approved and I would absolutely love to be able to say CONG@!$%^.......

Blessings! heart
Location: Mi
Age at Application: 53/60 now
Disability: Multiple Sclerosis, Scoliosis, Carpal Tunnel Degenerative Disc
Date Applied: March 2011
First Approval/Denial Date: April 2011
Reconsideration Approval/Denial Date: Michigan currently has no Reconsideration
Hearing Date: March 12 2012
ALJ Approval/Denial Date: March 12 2012 (Bench Approval)
Date Award Letter Received: April 4,2012
Date Back Pay Received: April 4,2012
Additional Info: Award Letter/Explanation of Benefits/Back Pay all received in the mail on the same day
~ Platinum ~

People helped 8
Gender: Female
Posts: 435

« Reply #13 on: February 05, 2013, 11:55:13 AM »

Well I took another websites advice, or it may have been this one, I've looked at so many, and called the local hearing office that is overseeing my case and the person i spoke with says that the turn around time for getting a decision is 30 days but my lawyers just sent in my pharmacy history today so hopefully 30 days from today I'll know something I got my fingers crossed Support09. i heard that the ss office is changing there payment system and that you had to do direct deposit by march 1st so i called my bank and set it up......

god i'm so nervous i H A T E  Support03 playing the waiting game..........
I have all these negative thoughts swirling around in my head that i could have said more then i did and that i didn't say enough. but i answered truthfully all the questions he asked and didn't embellish anything

 SSA03 SSA03 SSA03 SSA03 SSA06 SSA06

An insincere and evil friend is more to be feared than a wild beast; a wild beast may wound your body, but an evil friend will wound your mind.
Location: East Heehaw
~ Platinum ~

People helped 17
Posts: 1103

« Reply #14 on: February 05, 2013, 12:02:32 PM »

Yeah the waiting game begins..
You did the right thing by answering the questions honestly I think you got this.. Support09 Support09 Support09 Support09 Support09

Charles Other11
Name: charles1
Location: Al
Age at Application: 53
Disability: Migraines with Aura, Meniere's Disease, Heart, V-Tachacardia,SVT,Congenital Heart Disease,Tetralogy of Fallot,Syncope,TIA,
Date Applied: 11/2010
First Approval/Denial Date: denied 02/2011
Reconsideration Approval/Denial Date: appealed 03/2011
Hearing Date: no date case went to VSU 07/13/11 got put back in line for hearing recieved letter from ODAR for Hearing on 04/26/12
ALJ Approval/Denial Date: 04/26/12 Bench Decision
Date Award Letter Received: 05/22/12
Date Back Pay Received: 07/18/12
Additional Info: Received ALJ Approval Letter 05/04/12
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