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| |-+  Administrative Law Judge Hearings
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Topic: Waiting for ALJ Decision  (Read 2736 times)
ripley2k
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« on: June 16, 2011, 02:56:56 PM »

I am new to this forum.  Sure wish I had found it before my hearing on June 2, 2011 and I am patiently awaiting my decision which the judge told us we would have in 30 days.  My hearing lastest a total of 20 minutes and my attorney did all of the talking.  I was never sworn in and the judge asked me a total of one question.  He told my attorney and me that my benefits would go back to December 3, 2008 and my attorney told me after the hearing (he stayed behind after I left) that we had been assured of a favorable decision.  Sitting here on pins and needles waiting for the decision.
Logged
Location: California
Age at Application: 57
Disability: Depression (Severe, Recurrent), Panic disorder with agoraphobia, PTSD, Anxiety Disorder, Interstitial Lung Disease, IBS, Panic Attacks, GERD
Date Applied: 2008
First Approval/Denial Date: July 16, 2009 Denial
Reconsideration Approval/Denial Date: May 2010 Reconsideration
Hearing Date: June 2, 2011
ALJ Approval/Denial Date: Fully Favorable, June 22, 2011
SSDAdmin
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« Reply #1 on: June 16, 2011, 04:30:55 PM »

ripley,
      Welcome to the site.  It sounds like your hearing went very well.  That is good news.  I was also approved at my hearing.  I had my approval letter in about 30 days and back pay 30 days later.  I did not receive my award letter until the money was already in the bank.
    Please let us know more about you and how you were able to win your case.  It will help many people.
Welcome again,
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
tdog54
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« Reply #2 on: June 16, 2011, 06:55:08 PM »

welcome to the site.  You will find this site is the best on the internet i think.
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Name: thomas allen
Location: Alabama
Age at Application: 30
Disability: Depression,ADHD, Asperger Syndrome
Date Applied: Aug 2010
First Approval/Denial Date: Oct 2010
Reconsideration Approval/Denial Date: NA
Hearing Date: Approved May 31 OTR
dmgree1
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« Reply #3 on: June 16, 2011, 07:25:53 PM »

I got my denial today from ALJ. It took 30 days. Next step Appeal.
Logged
Location: illinois
Age at Application: 49
Disability: lumbar spine and nerve problems, had L4 & L5 fusion with instrus. narrowing of spinal canal, later developed bludging disc and after affect traveling up the spine.also arith. B12 defi.
Date Applied: 06/2009
First Approval/Denial Date: denial 08/2009
Reconsideration Approval/Denial Date: denial 11/2009
Hearing Date: May 16, 2011
ALJ Approval/Denial Date: recieved letter june 16, 2011 it was a denial not handeling it well.
Bren
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my boyz


« Reply #4 on: June 16, 2011, 07:42:34 PM »

Ripley2k... Good Luck!!

I also had my hearing on June 6th and am also on pins and needles.  It's the most stressful moment of my life. Sending you lots of positive energy your way on a 'fully favorable'... Good Luck!!!

Bren.
NH
Logged
Name: Bren
Location: NH
Age at Application: 42
Disability: UCTD, Sjogrens, Fibro, Anxiety, Depression, Back fusion
Date Applied: 10/29/2009
First Approval/Denial Date: Denied 1/2010
Reconsideration Approval/Denial Date: Denied 7/2010
Hearing Date: 6/6/11
Dragon Fly
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« Reply #5 on: June 17, 2011, 12:24:17 AM »

Ripley2K....WELCOME to the site and it sounds like we will be doing a victory dance for you very soon!  dancing-chilli dancing-chilli dancing-chilli dancing-chilli

Dmgree1....Welcome to you as well!!!! So sorry to hear about your denial....but don't give up!!!! Many applicants get denied at the first stage. Are you planning on hiring an attorney for your appeal? Do you have an "appeal plan" with new medical records and evidence to submit??

We'd love to hear back from both of you...I wish it was a CONGRATS for you both...but it will be one day soon!

>;<
Dragon Fly
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"And those who were seen dancing were thought to be insane by those who could not hear the music." --  Friedrich Nietzsche
Name: >;<
Location: CA
Age at Application: 37
Disability: Complex PTSD, Major Depressive Disorder, Anxiety Disorder
Date Applied: October 8, 2010
First Approval/Denial Date: Approved verbally March 15th, 2011. Approval letter dated April 5, 2011
Additional Info: 2 weeks in QR, Received backpay April 4th, 2011
cureNF
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« Reply #6 on: June 17, 2011, 06:35:45 AM »

Ripley,

Welcome to the board! Theres a GREAT deal of knowledge here! Sounds however, like it was a very possitive hearing! Wink

Please keep everyone posted. I cant imagine the anxeity you are feeling, even if you have never experienced and anxeity attack before this! LOL

dmgree... Im sorry to hear of the denial. But KEEP ON TRYING!!! Good luck to you, also!

~D
Logged
Age at Application: Hubby is 40 (FIGHTING for him!)
Disability: Neurofibromatosis, legally blind in right eye, multi tumors thought the body resulting in severe pain.. Thanks to NF! Also has a shoulder issue due to work injury and has met MMI.
Date Applied: May 2010
First Approval/Denial Date: DENIED late 2010
Reconsideration Approval/Denial Date: DENIED early 2011
Hearing Date: WAITING for ALJ Hearing date
ALJ Approval/Denial Date: Hearing was March 28, 2012... Fully Favorable. Bench Decesion!!! Yessssssss!
Date Award Letter Received: Received Fully Favorable letter in the mail 5-3-12
Date Back Pay Received: Huby got his FIRST monthly check, July 18, 2012 :0)
Additional Info: Also waiting FCE for work injury (5-11-11)
WedGirl23
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« Reply #7 on: June 17, 2011, 02:48:28 PM »

I am new to this forum.  Sure wish I had found it before my hearing on June 2, 2011 and I am patiently awaiting my decision which the judge told us we would have in 30 days.  My hearing lastest a total of 20 minutes and my attorney did all of the talking.  I was never sworn in and the judge asked me a total of one question.  He told my attorney and me that my benefits would go back to December 3, 2008 and my attorney told me after the hearing (he stayed behind after I left) that we had been assured of a favorable decision.  Sitting here on pins and needles waiting for the decision.

I had my hearing in early May...and am awaiting my decision.  I actually called today, June 17th...(being unsure that my address was still correct) and she told me that the desion was still in the process of being wrote up.  I'll try to post more on that later.

As for you...that is GREAT news that you were assured of a favorable decision!!! That should give some peace of mind.  However, I also know that the waiting game is hard to deal with...b/c seeing it in writing and knowing how much, etc....is a whole other thing.  That clarification is important and a decision can never come soon enough, IMHO.

Blessings to you...and I hope you receive word soon about your claim.  Smiley
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« Reply #8 on: June 17, 2011, 06:36:59 PM »

I got my denial today from ALJ. It took 30 days. Next step Appeal.


I am so sorry to hear about your denial.  I know it is not an easy time but I am glad you are going to appeal.  Are you also considering filing a new claim before your credits run out?
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
ssgtwright2515
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« Reply #9 on: June 18, 2011, 05:12:54 AM »

I would file a new claim while you take this ALJ denial to the appeals court.
When filing the new claim, make sure that you submit all the SSA/DDS forms all at the same time so you won't have to wait for SSA and DDS to mail you the forms seperately during a month time frame.
I posted a new thread here titled (Information for those applying for SSDI).
It just tells you what forms that you will need and a few other forms that can and should be used.
All the forms can be down-loaded from this site or you can also google search for them also.
The forms that are in PDF format are great since you can type in your information, print it and also save a file copy to your hard drive.
Most definately put in for a new claim now while you still have the work credits.
You should have gotten the ALJ decision letter long with the case file.
Find out the reason for the denial. If it is due to medical records not supporting your claim, then make sure you add new medical records to proof your case.
Logged

Refiled for SSDI again on 21April2011. Initail app denied on 25July11. Filed for Reconsideration next day. Requested my SSA CD file and sent copy to congresswoman office pointing out very important info. SSA sends me to mental C&E on 14OCT11.
Name: Timothy
Location: Hawaii
Age at Application: 40
Disability: PTSD, Depression, Degenerative Disk Desease, Spinal Stenosis, Spinal Fusion of L4/L5/S1
Date Applied: November 2007
First Approval/Denial Date: Denied April 2008
Reconsideration Approval/Denial Date: Denied August 2008
Hearing Date: August 17th, 2010
ALJ Approval/Denial Date: Denied November 2010
Additional Info: Appeal denied 14April2011. Filed new appicalation 21 April and claim denied 25July. Filed for recon July 26th and ask for congresswoman help on 01Aug11.
ripley2k
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« Reply #10 on: June 21, 2011, 11:01:57 AM »

Marci,
I wish I could say it was something I did that helped me with my case but sadly it was my medical condition that did it.
I was treated in 2008 for asthma that was not under control after the wildfires in October of 2007.  The first time I went to see the doc because of my problems was in March of 2008 even though I had been getting sick since November of 2007.  I was sent to an allergist to help get my asthma under control as this was one of my triggers.
It was after my reconsideration denial that I decided I needed an attorney.  I found my attorney by searching on the web.  I then went to the BBB site to see how he rated.  He had an A or A+ rating so I gave him a call.  He was very upfront about my chances (only 30 to 40% chance of winning) and told me that in addition to my mental problems I also needed a medical problem.
I always believe that things happen for a reason.  In 2010, we had to change to a new medical plan which I was not happy about.  I went to see my new allergist and brought my records with me.  He was particularly interested in my pulmonary function tests (PFT) from 2008.  He looked at these for about 5 to 10 minutes and told me I didn't have asthma but had restrictive lung disease.   I was so shocked and wondered how my previous pulmonologist didn't see this especially since the last two PFTs of 2008 were abnormal.
I was referred to a pulmonogist who after doing blood work, x-rays, CT scans, pulmonary function tests, and a transbronchial lung biopsy narrowed down the diagnosis to Interstitial Lung Disease.  My newest PFTs show that my diffusing capacity was 46 to 49% (down from 56% on 12/3/2008).  Diffusing capacity is a measure of how well oxygen moves through the lungs into the bloodstream.  A normal diffusing capacity should be around 80 to 100%.  Finally all my symptoms, shortness of breath, fatigue, weight loss, loss of appetite, and dry cough, fell into place.
Fortunately, my new pulmonologist noted in his records that I was mis-diagnosed so this was a big help, I believe, as the judge did mention the mis-diagnosis.
If you get a diagnosis, do your own research.  I noticed on each and every one of my pulmonary function tests that even my graphs were consistent for someone who was suffering from interstitial lung disease.  Next, I did my own research on how you could qualify for disability for a lung disease and found there were three categories.  It was category three, single breath diffusing capacity, under which I qualified.  SS requires a value of 10.5 for the diffusing capacity to qualify.  In my August 2010 pulmonary functiont test, I had a value of 10.4 with an adjusted value of 10.2.  In my February 2011, my values increased a little to 11.1 but both tests were still below 50%.  I wrote to my attorney giving him this info and a copy of my PFT asking him why SS didn't pick up on the restrictive lung disease since I know they have medical people review these mental/medical problems.
The problem with ILD is that once the symptoms show up it is usually irreversible.  I am not going to get better, I am only going to get worse.  My latest set of tests show I am still losing lung volume.
At the hearing, as I said before, there was only the  Judge, the court recorder, my attorney and me.  This hearing was so different from the last one in 2003 where they had a VE present.  The attorney and judge did most of the talking.  The only question the judge asked me was "did I have a current PFT" from my new medical office.  I told him I did since I was being monitored and had to go to get one every 6 months.  I was never sworn in and wondered if this was usual.  Is it? My hearing lasted maybe 20 minutes and most of that was shuffling papers looking for things.  The judge also said my benefits would go back to 12/3/2008 which was the last PFT of 2008 that I had done.  The judge said he needed to see my current PFTs to see if my diffusion capacity had declined, which it did.  The judge said that we would have his decision in 30 days unless he sent me for another PFT.  After the hearing, I met with my attorney briefly and he told us we were assured of a positive outcome.  Not celebrating until I have the letter in my hand.
I am now closing in on week 3 and my stomach is doing flip flops.   Personally, I think the stress is worse waiting for the ALJ decision than it was to go to the hearing.  Of course, I had been through a hearing before and knew what to expect.
Logged
Location: California
Age at Application: 57
Disability: Depression (Severe, Recurrent), Panic disorder with agoraphobia, PTSD, Anxiety Disorder, Interstitial Lung Disease, IBS, Panic Attacks, GERD
Date Applied: 2008
First Approval/Denial Date: July 16, 2009 Denial
Reconsideration Approval/Denial Date: May 2010 Reconsideration
Hearing Date: June 2, 2011
ALJ Approval/Denial Date: Fully Favorable, June 22, 2011
SSDAdmin
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« Reply #11 on: June 21, 2011, 02:52:40 PM »

Ripley,
     
Thank you so much for sharing your story.  A lot can be learned by reading it.  I was glad to see that you checked up on your attorney at the BBB site.  It is always recommended to search for any complaints or compliments before hiring an attorney. 

I also was misdiagnosed and I agree that getting a second opinion and even a third is so important.  If you catch things sooner, there are often more options available to you. 

I don't remember if I was sworn in before my hearing but I would guess that I was.  I am pretty sure that is what they are "supposed" to do.  It usually takes between 30 and 60 days to get your approval letter.  I know it is hard to wait and hopefully you will have that letter in hand soon.

Thanks so much for sharing again, it really is appreciated.
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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