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Topic: Sons hearing today  (Read 874 times)
Little love
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« on: April 13, 2017, 03:39:05 PM »

My son had his hearing today. And I have a few questions
If the VE states jobs that he can do, and the judge asked her the hypotheticales and she started to say no jobs after the thrid hypothetical.  His Rep fells good about it. Could this possibly lead to an fully favorable?
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Little love
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People helped 3
Posts: 14


« Reply #1 on: April 13, 2017, 03:42:18 PM »

Also his frequent absentisim from work was part of the hypothetical. The judge asked if he were to miss 5-6 days a month to doctors appointments and the VE says no jobs. Can that also help him?
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Helper
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« Reply #2 on: April 13, 2017, 04:01:32 PM »

The VE is giving jobs or no jobs for a hypothetical worker with particular restrictions.

After the hearing, the ALJ looks at the medical records & decides what restrictions are supported by the medical records.  Just because the ALJ asked today about asking 5-6 days of work does not mean he will find evidence that he will miss 5-6 when the medical records are reviewed after the hearing.   

If the ALJ decides son's restrictions (based on the medical evidence) is the same as one of the no jobs VE scenarios, then he should be approved.

However, at this point, it is impossible for us to say if he will be approved or denied.
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Age at Application: 26 age of onset (but I did not apply until 28)
Date Applied: August 2011
First Approval/Denial Date: November 2011
Additional Info: I was fortunate to be approved on my initial application due to extensive medical records (12+ doctors) & documentation of unsuccessful work attempts even with significant accommodations
RNyorkiemom
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Burlington NC and GSO ODAR office


« Reply #3 on: April 13, 2017, 04:51:49 PM »

I had my hwaring 2/6/17 it lastec 32 min.  There was no medical expert because I have extensive medical records from 15 specialist. It turns out despite the fact I meet 4 listings under the SSA Blue Book my 2 request for the 2 ODARs was denied because of my age and my associte degree in nursing. When the ALJ got to the VE he asked her 2 questions. The first was my vocational listing and she stated the 2 codes. The next question he asked her was with my previous jobs what was the max number of I could miss from work in those positions and shr said no more than 2.  Then he thanked the VE and did not bother with hypotheticals.  Then he asked my rep for any remarks she just refered to my successful nursing career and from my medical records it was clear that I could not work in a position consistantly and I would have to have multiple accomidations.

I was lucky that I had contacted several electected officals for their assistabts and several of them were  up for reelection in 2016. I used social media to voice my grivences on how this process is brutal and to having to deal with the disability appeals and health issues was just cruel. My senator Tom Tillis of NC has a fantastic assistant that deals with SSA AND ODAR she had exchanged multiple emails with me and last Oct she requested my case be deemed as a direr need. The head judge agreed to deem my case as critical. It still took me 2 1/2 months before my hesring, but it was scheduled about 4 1/2 months earlier.  I also lucked up wifh getfing put in the first opening which was with ALJ Graham who has a 86% approval rate.  My case status just moved to decision writing so I am hoping I get my decision before my Bday.  I also have a promise from senator Tillis's office is going to ask for expidited payment.
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No matter what happens in life try to smile and beleive every thing will be ok!!!  Then smile vs cry!!!!   😅😅😅😅😂
Name: Dee I
Location: Burlington NC / Wesley Chapel FL (dual residency)
Age at Application: 40
Disability: Juvenal diabetes, scoliosis, chronic pain, kyphosis, spondolosis, tremors, muscle weaklness, anemia, contracture in hands feet, Hammer toe, acquired deformity ankle after surgery to remove necrotic tissue, peripheral neuropathy, h/o MRSA, recurrent cellulitis, ADHD, Depression, effective mood disorder, PTSD, anxiety, sever insomnia, charcot's arthopathy, pathological fractures in feet,
Date Applied: April 20, 14
First Approval/Denial Date: Initial denial 11/1/201 Hired a local attorney 12/6/14
Reconsideration Approval/Denial Date: Denied June 6, 2015 only a 1/3 of medical obtained.
Date OTR requested: My first OTR request Sept 2015 denied and second OTR request in Sept 2016 after vision deminised to 140/20 L & 120/20 denied
Date OTR Approved/Sent to Hearing: very senator & congressman in my district. Senator Tom Tillis of NC office requestedDire Need status and it was excepted
Date Sent to VSU: NO
Date VSU Approved/Sent to Hearing: NO
Date Hearing Notice Received: Dire need status granted 10/28//16 hearing Feb 6, 2016
Hearing Date: February 6, 17 judge has 87% approval so keeping my fingers crossed.
ALJ Approval/Denial Date: Medical Decison Made 4/10/17 ( 60 days post hearing was 4/8/17) awaiting award/denial letter and hoping to get befor my Bday!!
Date Award Letter Received: NA
Date Back Pay Received: NA
Date Dependent Benefits Received: No
Additional Info: My diabetes was stable until my auto accident that caused 3 puncture wounds that took 8 months to heal. I had surgery, 6 weeks of home IV therapy and 5 months of wound care and hyperbaric treatments.
Lit Love
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People helped 258
Posts: 3189


« Reply #4 on: April 13, 2017, 05:11:57 PM »

I had my hwaring 2/6/17 it lastec 32 min.  There was no medical expert because I have extensive medical records from 15 specialist. It turns out despite the fact I meet 4 listings under the SSA Blue Book my 2 request for the 2 ODARs was denied because of my age and my associte degree in nursing. When the ALJ got to the VE he asked her 2 questions. The first was my vocational listing and she stated the 2 codes. The next question he asked her was with my previous jobs what was the max number of I could miss from work in those positions and shr said no more than 2.  Then he thanked the VE and did not bother with hypotheticals.  Then he asked my rep for any remarks she just refered to my successful nursing career and from my medical records it was clear that I could not work in a position consistantly and I would have to have multiple accomidations.

I was lucky that I had contacted several electected officals for their assistabts and several of them were  up for reelection in 2016. I used social media to voice my grivences on how this process is brutal and to having to deal with the disability appeals and health issues was just cruel. My senator Tom Tillis of NC has a fantastic assistant that deals with SSA AND ODAR she had exchanged multiple emails with me and last Oct she requested my case be deemed as a direr need. The head judge agreed to deem my case as critical. It still took me 2 1/2 months before my hesring, but it was scheduled about 4 1/2 months earlier.  I also lucked up wifh getfing put in the first opening which was with ALJ Graham who has a 86% approval rate.  My case status just moved to decision writing so I am hoping I get my decision before my Bday.  I also have a promise from senator Tillis's office is going to ask for expidited payment.

You believe you meet 4  Listings, but SS had not found you met even 1 Listing prior to your hearing and the ALJ may approve you without finding you meet a Listing.  In fact, if your decision is approved based upon vocational testimony, that will mean you did not meet a Listing and instead were approved via the full 5 Step Sequential Evaluation Process. 
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Little love
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People helped 3
Posts: 14


« Reply #5 on: April 13, 2017, 06:16:14 PM »

Okay, but I thought if the judge and his atterny got the VE to state that there's no jobs he can do, was a good thing
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Lit Love
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People helped 258
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« Reply #6 on: April 13, 2017, 07:01:47 PM »

Okay, but I thought if the judge and his atterny got the VE to state that there's no jobs he can do, was a good thing

An ALJ must determine the claimant's RFC rating, as well as his/her exertional and nonexertional limitations and restrictions by examining both medical and non medical evidence, including testimony from the hearing.  The ALJ generally makes these determinations after the hearing (although On the Record decisions are always possible.) 

So, the testimony from the VE at your son's hearing about a hypothetical worker having the restriction of needing 5-6 days off per month, may or may not be a factor, depending upon whether or not the ALJ finds the evidence supports the restriction.  Will the ALJ question if he can he schedule appointments after work even if it is accepted that 5-6 appointments are needed per month?

Whether or not this hypothetical will even be important in the decision is impossible to say.  Try to be patient.
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Little love
~ Copper ~
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People helped 3
Posts: 14


« Reply #7 on: April 13, 2017, 07:22:42 PM »

His schedule from his retail job varies every week. But I get all that, my question is primarily is it a good thing that the judge and his atterny got the VE to say no jobs available. That's all.
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Lit Love
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People helped 258
Posts: 3189


« Reply #8 on: April 13, 2017, 08:27:51 PM »

His schedule from his retail job varies every week. But I get all that, my question is primarily is it a good thing that the judge and his atterny got the VE to say no jobs available. That's all.

It might be help, but it also might be irrelevant. 
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Different Perspective
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People helped 558
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« Reply #9 on: April 14, 2017, 08:54:07 AM »

Back to the basics:

If the VE states jobs that he can do, and the judge asked her the hypotheticales and she started to say no jobs after the thrid hypothetical... Could this possibly lead to an fully favorable?[/i]  Original post this thread.

Of course the Vocational Expert stating there are no jobs the applicant can competitively perform based on the third hypothetical CAN lead to a fully favorable decision.  But there is nothing in that statement to suggest there WILL BE a fully favorable decision.  The Judge and the Judge alone will determine which hypothetical best fits the facts of the case.

"I thought if the judge and his atterny got the VE to state that there's no jobs he can do, was a good thing"  Reply #5. 

It is a thing - neither good nor bad.

If "[h]is Rep fells good about it", so should you and your son but there are no guarantees.
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Additional Info: My Different Perspective comes from a lifetime of being near, working with and for those with disabilities, working for the Easter Seal Society, working for the Disability Determination Services (20+ years) and working as a case assistant to an attorney who, until he retired, worked on SSA disability cases exclusively and have attended approximately 185 Hearings. I have great empathy for the truly disabled and greater antipathy for those who try to game or scam the system. With my background, I quickly make distinctions between the two. I am ready to admit my error as soon as the evidence proves me wrong. Any posts I make are based on my experience, memory and current research. Anything, particularly opinions, I post should be verified by someone who has access to the entire case record and not just selected shorts offered by those seeking information, preferably by a competent attorney or non-attorney representative who thoroughly understands SSA law.
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