Home PageForumLatest TopicsHelpContact UsLoginRegister

 


User

Welcome, Guest. Please login or register.
Did you miss your activation email?
June 26, 2017, 12:07:42 PM

Login with username, password and session length

Recent

You are no longer alone ...

+  Social Security Disability Facts Forum
|-+  SSDI and SSI Disability Application Process
| |-+  Administrative Law Judge Hearings
| | |-+  Aren't there "rules" for taking statements out of context?
Theme modified by www.pinoyden.com | WebDesigns www.devph.com
« previous next »
Pages: [1] Print
Topic: Aren't there "rules" for taking statements out of context?  (Read 439 times)
KM
~ Bronze ~
*

People helped 1
Gender: Male
Posts: 44


« on: April 18, 2017, 10:37:54 AM »

One thing that really rubbed me wrong during my hearing was a question regarding my hobbies. Hobby #1 I was making an attempt to get back into after 10 years of absence but was having considerable problems as my wife HAD to be involved to carry things, retrieve things, the whole time I was sitting in a chair. Hobby #2 I was engaged in since childhood yet had to quit a few years ago due to one of my ailments preventing me from enjoying this one any more. Taken away from that to support a non-favorable was loosely quoted, "The claimant participates in Hobby #1 and Hobby #2 as well as..." Included in the "as well as" was references to my being socially active, which I am not as I had stated.

Another was "How much can you lift sitting there" which wasn't the same answer on record as to how much I could carry which led to my appearing dishonest as well as putting me in a higher category. I answered honestly expecting further questions to sort the difference but it was left at that and used to support a denial.

Whether my lawyer caught these and will address them I am still waiting to hear back on.

My understanding was this was against the rules.
Logged
Name: KM
Age at Application: 48
Disability: Spastic Paraparesis/Paraplegia SPG4 aka SPAST, Arthrosis of both knees including loose bone fragments (mild/moderate), Arthritis in upper and lower spine (moderate), degenerative joint disease in shoulders
Date Applied: Early 2014
First Approval/Denial Date: Denial 9-2014
Reconsideration Approval/Denial Date: Still searching records
Date Hearing Notice Received: 7-2016?
Hearing Date: 8-2016
ALJ Approval/Denial Date: Denial 10-2016
Lit Love
-
~ Platinum ~
*

People helped 243
Posts: 3040


« Reply #1 on: April 18, 2017, 12:09:11 PM »

Your attorney may site rhese issues in your appeal.  The ALJ seemingly felt you were lacking credibility, which is the bigger issue.  If you need a walker to ambulate any distance, you should meet a Listing. 

Focus on if you wish to appeal or if your DLI allows you to refile.
Logged
KM
~ Bronze ~
*

People helped 1
Gender: Male
Posts: 44


« Reply #2 on: April 18, 2017, 01:19:23 PM »

If it took lying to get paid, I'll die poor. I told him like it is, I use a walker by my chair to get up and occasionally to move about the house. On real bad days I take it outside but that's still rare. I didn't have a script which severely rubbed him the wrong way. I do now but it's a bit late.
Logged
Name: KM
Age at Application: 48
Disability: Spastic Paraparesis/Paraplegia SPG4 aka SPAST, Arthrosis of both knees including loose bone fragments (mild/moderate), Arthritis in upper and lower spine (moderate), degenerative joint disease in shoulders
Date Applied: Early 2014
First Approval/Denial Date: Denial 9-2014
Reconsideration Approval/Denial Date: Still searching records
Date Hearing Notice Received: 7-2016?
Hearing Date: 8-2016
ALJ Approval/Denial Date: Denial 10-2016
Disappointed
~ Bronze ~
*

People helped 0
Posts: 25


« Reply #3 on: April 19, 2017, 04:06:30 PM »

I had a similar scenario at my hearing. I was asked if I watch tv. My answer was no. I was asked if I had a social media account, my answer was yes, Facebook. I was never asked do I enjoy facebook.
In my denial letter the judge stated I enjoyed watching tv and Facebook. I know this is not the reason I was denied but I feel it shows the credibility of the Jude. He LIED, period!

My case was sent to AC on account the judge didn't take my RFC into consideration. He gave light credibility to my doctors where as he gave high credibility to the SS doctor that I only seen maybe 10 minutes total. It's a crooked, broken system! At least it's how I feel. I also feel stats of a Judge has everything to do with your case. If they have high denial ratings well your most likely will be denied no matter how much medical records you have!
Logged
Just Me
Administrator
~ Platinum ~
****

People helped 591
Gender: Female
Posts: 9402


Nice Administrator


« Reply #4 on: April 19, 2017, 06:20:56 PM »

You were able to do your second hobby. But you stopped because you no longer enjoyed it. That is not the same as not being able to do it.

Are the limits you gave the ALJ for lifting and carrying the same that are listed in your medical records ? Did your doctor write in your medical records that he recommended a walker ? Did you use a walker at the hearing ?

Disappointed, the info on the RFC your doctor filled out had to be backed up by what was in your medical records in order for it to carry weight. If/when info in medical records are not consistent with what the claimant puts on forms and says in the hearing, it can cause creditability issues for the claimant and/or their doctors. If medical records are inconsistent it can cause creditability issues for the doctors.
Logged

Hope the size of a mustard seed can produce Faith that can move mountains.
Age at Application: 50
Disability: DDD, nerve damage upper & lower extremities, RA
Date Applied: First Applied Feb 2002, Denied May 2003. Applied again Oct 2003, Approved June 2004

« Last Edit: April 19, 2017, 06:27:59 PM by Just Me »
KM
~ Bronze ~
*

People helped 1
Gender: Male
Posts: 44


« Reply #5 on: April 19, 2017, 06:27:31 PM »

I didn't stop because I no longer enjoyed doing it. I wasn't able to enjoy a previous hobby due to an ailment.

I didn't give the ALJ a limit on what I could carry. He asked what I could lift from a chair and made his remarks based on that without asking further questions.
Logged
Name: KM
Age at Application: 48
Disability: Spastic Paraparesis/Paraplegia SPG4 aka SPAST, Arthrosis of both knees including loose bone fragments (mild/moderate), Arthritis in upper and lower spine (moderate), degenerative joint disease in shoulders
Date Applied: Early 2014
First Approval/Denial Date: Denial 9-2014
Reconsideration Approval/Denial Date: Still searching records
Date Hearing Notice Received: 7-2016?
Hearing Date: 8-2016
ALJ Approval/Denial Date: Denial 10-2016
Pages: [1] Print 
« previous next »
Jump to:  

If this site has helped you in any way please make a donation towards the running of it by clicking below.

Use Paypal by clicking below



thanx

Stats

Members
Stats
  • Total Posts: 198830
  • Total Topics: 19480
  • Online Today: 100
  • Online Ever: 246
  • (June 25, 2012, 03:04:42 PM)
Users Online
Users: 5
Guests: 53
Total: 58

 

Prescription Drugs

Prescription Drug Assistance Programs

Please use the pull down menu below to select a prescription drug. 

This will instantly take you to that post in our forum.


TinyPortal v1.0 beta 4 © Bloc
Powered by SMF 1.1.18 | SMF © 2013, Simple Machines
Amber design by Bloc | XHTML | CSS | Installed by DevPH
Page created in 0.209 seconds with 34 queries.