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October 19, 2017, 01:34:00 AM

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1
   After waiting 18 months I attended my hearing with the ALJ.  It will be almost 2 years since I was approved at reconsideration and collecting payments.  The DDS moved up my AOD 17 months which gave me 1 month back pay when the 5 month waiting period was taking into consideration.  Since my appeal was for changing my original AOD I wasn't able to secure representation as attorneys don't like appealing the AOD dates since they are hard to win and if they lose on my behalf I could lose my benefits I currently get. 
   
   The ALJ started work in April, 2017 to help with the case load.  ALJ has a 19% approval rate after 200+ cases which is the lowest approval rate in the state.  I was told the security guard that it was unusual for a hearing to be scheduled a half hour before their office closed.  I didn't think anything about it at the time but maybe the ALJ took into account that I was representing myself Pro Se and that he would sail through this hearing quickly. 
   
   I sat down in front of the monitor as this was a teleconference hearing, sitting next to the court reporter.  The ALJ starting the proceedings by stating he reads a statement to all Pro Se claimants so they know the ramifications of what representatives involved.  He stated that he looks at the whole case and isn't beholden to any previous approval.  I had heard this was the case so he wasn't springing anything new on me.  However, he kept repeating it.  I told him a couple of times that with my anxiety he was scaring me.  He said that appeals over changing the AOD are very rare, even if representation could be obtained. 
   
   It is my belief that he thinks that I should be lucky to get what I got but I feel I deserve more back pay than the 1 month I received.  Since I hadn't been sworn in yet he offered to leave things the way they are and he would sign an order that nothing has changed.  I submitted 36 exhibits with 150 pages and since I had a lot of medical, mental and vocational evidence, I submitted an On The Record brief 1 month earlier but the ALJ stated to ODAR he wanted to hold the hearing anyway.  I figured that I had enough evidence and confidence to cross examine the VE on the vocation side of it.  I originally qualified using the grid rules as I didn't qualify under any one listing.  I am 57 years old with a high school diploma with no transferrable skills, yet I believe that this ALJ would have gone with a denial as the grid is not as good on appeal as meeting or equaling a listing, especially since he approved only 19% of the cases he has heard.  My disability is based on both physical and mental as I have cardiac implant device that has shocked me causing physical distress. 
 
   I decided to go with his offer to leave things as is as it was too iffy on which way this hearing would go.  He stated he would get an order signed to that effect and the court reporter then said we are now off the record.  When I got home and with my thoughts becoming more clear, I felt that he bullied me into that decision.  I am now thinking that I want to appeal this to the appeals counsel and get a copy of the court reporters record on what was said. 

Has anyone had an experience like this and can I appeal this hearing although no testimony was taken under oath?       
3
Initial Filing Letters / Re: My friend only see a shrink but no therapist
« Last post by pattysofty on October 18, 2017, 09:09:05 PM »
Will do.
4
Initial Filing Letters / Re: My friend only see a shrink but no therapist
« Last post by Lit Love on October 18, 2017, 08:24:09 PM »
You need to let your friends deal with their own SS issues.  If they have questions refer them to the site.
5
Initial Filing Letters / My friend only see a shrink but no therapist
« Last post by pattysofty on October 18, 2017, 08:21:36 PM »
My friend is going to have a CDR soon. He only see a shrink, but no therapist. Is that ok with SSA? I always thought you have to show treatment from both.

Please advise
6
Continuing Disability Reviews / Re: made a mistake on CDR short form
« Last post by DisabledInWI on October 18, 2017, 08:19:47 PM »
Thanks for the responses. I have not mailed it out yet and just thought white out would look bad on the form and have problems going into the computer for scanning. Do you think if i just leave as is it would cause a issue ?

Filling in the year and then checking no and leaving other areas blank could cause the form to be kicked out, whereas using white-out (carefully) has proven to not be a problem.
7
General Discussion Lounge / Re: Having second thoughts...
« Last post by Just Me on October 18, 2017, 08:17:01 PM »
Praying you get the apartment. I know it has been a very long, lonely, painful and difficult road for you.
8
Continuing Disability Reviews / Re: made a mistake on CDR short form
« Last post by Worry103 on October 18, 2017, 08:03:29 PM »
Thanks for the responses. I have not mailed it out yet and just thought white out would look bad on the form and have problems going into the computer for scanning. Do you think if i just leave as is it would cause a issue ?
9
You were given paperwork to describe your previous job duties, the VE doesn't discuss it with you.  You often have to fill this paperwork out twice.  Regardless, that's Step 4, so if you were denied there, Step 5 is an even more difficult standard, so it's possible it's a technical error that would help with an appeal, but it's unlikely to help with an approval.
10
Continuing Disability Reviews / Re: made a mistake on CDR short form
« Last post by Lit Love on October 18, 2017, 07:39:41 PM »
Whiteout doesn't seem to cause issues, several posters have used it without issue.

In the future, take a copy of the original and practice on it first.
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