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Author Topic: here is my experience with the alj  (Read 4889 times)

waiting so long

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here is my experience with the alj
« on: May 11, 2017, 10:03:51 PM »
first of all thanks for all the info here. of course i was denied at the application level. then hired a attorney to appeal the denial. it took 23 months to get a alj  video hearing in northeast pa. i met my attorney for the first time a hour before hearing. he was very nice and prepped me for what was going to be going on.  i told him i was a nervous wreck and sweating like a whore in church. he said not to worry you have a real good case and remember just tell the TRUTH.

well go into a small conference room with my attorney and a guy typing everything. there was a large monitor with the judge and ve. the judge was very nice and polite. nothing what i have heard about other judges. she asked my attorney if he had any opening statements before the hearing started and he said yes. he asked to have the the onset date be changed to 1/14/2014. i don't no why but she wrote something down. she asked of my daily routines,, if i had pets,,do i shop,,do i dress myself. about 20 minutes into the hearing i asked if i could stand for awhile and she politely said yes but stay close to mic. i had to stand for awhile due to the pain in my lumbar.  and then she asked about how my pvd affects my life and how far i can walk before i have to sit and get the feelings back in my legs and how often per day i have elevate my legs and ice my back.

then she turned it over to ve. she said there where four jobs i could do. 1: i could sit at a bench and rebuild carburetors. then my attorney asked me if i could do that and i said no because cars don't have carbs no more, they are fuel injected. 2: i could write estimates, attorney asked if i could write estimates, i said no i am not licensed. 3: i could work in a parking garage and 4 was i could manage a self storage center. well then the judge asked what the national average of days missed per month before you are terminated. the ve said at that time it was one day per month. then the judge asked her if i could do any of these jobs then, and the ve responded NO there are no jobs he could do.

and that was it in less than hour. the judge said i would have her decision in 60 days. that was 3/29/2017 and still waiting. i don't no if they count calendar days or work days thou. after the hearing my attorney felt pretty positive. he said he has never seen that. he said the judge did his job for him by cross examining the ve. but he said don't count your chickens till they hatch. win or lose i just cant wait till its over. and also the judge said i was insured till september of 2016. i have worked and paid taxes since 1973 so i dont no what she meant i was insured till sept 2015. it sucks this has taken so long that my ss probably isn't worth nothing. i don't no how this works but soon it will be done. thanks everyone here and good luck  

Paragraph breaks added by newdawn to make reading easier
« Last Edit: May 12, 2017, 08:26:13 AM by newdawn »

Helper

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Re: here is my experience with the alj
« Reply #1 on: May 11, 2017, 10:35:01 PM »
In order to be eligible for SSDI, you have to have work credits.  Work credits expire for disability claims because you need 20 credits (max 4/year) in the 10 years prior to you applying for disability.  So, if you stop working, you basically stop paying premiums & Are not eligible for coverage (similar to what happens if there was a car accident the week after your car insurance lapsed).

As long as your disability established onset date is prior to the credits expiring (you gave 2 different dates so I am not going to put a date here), you will continue to receive disability benefits for as long as you remain disabled (even after the credits expired).

The important thing about date last insured is if your case is denied, you can appeal the case but you are not eligible to file a new SSDI case because you are past your DLI (& you can't use an onset date for a new application sooner than the day after the denial).  So, your only option is to appeal if you are denied & you want to pursue a SSDI claim.  (You could also file an SSI claim but that is only $735/month & your potential SSDI payment amount is likely more.)

waiting so long

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Re: here is my experience with the alj
« Reply #2 on: May 12, 2017, 06:00:38 AM »
thanks for the info. now i understand. sure is a long process.

waiting so long

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Re: here is my experience with the alj
« Reply #3 on: May 12, 2017, 06:09:57 AM »
and the last date insured i put 2016 and then i put 2015. the 2015 was a mistake it is 2016. sorry for confusion

waiting so long

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Re: here is my experience with the alj
« Reply #4 on: May 13, 2017, 10:57:30 AM »
well another week has gone by with no notice. i thought the 23 months waiting for a hearing date seemed forever. this 60 days seems like 60 months. it's kinda like christmas eve every day. can't wait to go check the mail to see what i got. well maybe next week. good luck to everyone. age 59, appeal date with alj 4/24/2015,, hearing date 3/29/2017

rona8

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Re: here is my experience with the alj
« Reply #5 on: May 13, 2017, 11:09:17 AM »
My spouse is still waiting and he had hearing in March we were told it was sent to Baltimore and decision was made then told sent to Baltimore still pending

waiting so long

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Re: here is my experience with the alj
« Reply #6 on: May 20, 2017, 02:35:44 PM »
just a update. it is now 53 days since my hearing. i still have no idea what's going on. the end of the week will be 60 days. the judge said i would have the decision in 60 days. hopefully this will be the last week of waiting. of all the things i have lost i miss my mind the most :SSA03:

boodrow

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Re: here is my experience with the alj
« Reply #7 on: May 20, 2017, 10:06:33 PM »
Just for the record, it is day 94 for me. 94 days ago I had the ALJ hearing and he said it would take 3 or 4 weeks around a month or so.  :Main20:

Wanna hear the kicker? I am sitting here with a 100% occluded Right Coronary Artery. My heart Doctor wants to work on my Left Main and Circumflex Arteries because they are now doing the work that the RCA was doing. I Can't pay for it without disability. Things could be worse I guess.
"I find it very easy to say I Love You. It is all I have." Boodrow

Just Me

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Re: here is my experience with the alj
« Reply #8 on: May 21, 2017, 07:09:31 AM »
ALJ's give standard time frames for decisions.  The time frame it takes an ALJ to make a decision is only one piece of the puzzle, so to speak. There is no way of knowing how many times a case might have to go back to the writers for errors. Or how long it will take for the letter to be processed and actually be sent out in the mail. They also don't know how many cases are ahead of yours. ALJ's don't know when they or other ODAR employees may be out of the office.



Nerve damage in upper and lower extremities. Degenerative Disc Disease, RA.

Hope the size of a mustard seed can produce Faith that can move mountains.

waiting so long

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Re: here is my experience with the alj
« Reply #9 on: May 21, 2017, 07:19:18 AM »
well my ss.gov updated last night. it now says A medical decision has been made and we are working to process your decision. A Social Security Representative may contact you or your appointed representative directly if we need any additional documents or information. so i guess it  should be over this week. this has been a long ride. thanks for all the support here and the best of luck to everyone. you are not alone.

TRIGGER

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Re: here is my experience with the alj
« Reply #10 on: May 21, 2017, 11:54:16 AM »
This is how mine worked dated 5-5-17 My social security page said A medical decision has been made and we are working to process your decision. A Social Security Representative may contact you or your appointed representative directly if we need any additional documents or information. Then May 15 th i got this letter.

  Notice of fully Favorable

I carefully reviewed the facts of your case and mad the enclosed fully favorable decision. Please
read this notice and my decision.

Another office will process my decision. That office may ask you for more information. If you
do not hear anything within 60 days of the date of this notice,Please contact your local office.
the contact information for your local office is at the end of this notice.

This letter came right from my local office in Rochester and sighed by the ALJ, Now it was sent to Baltimore for for Writing or Payment, thats the office my back pay will come from..

waiting so long

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Re: here is my experience with the alj
« Reply #11 on: May 21, 2017, 12:03:03 PM »
wow trigger, sounds like more waiting ahead for us.

Just Me

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Re: here is my experience with the alj
« Reply #12 on: May 21, 2017, 12:36:46 PM »
A medical decision having been made  does not mean the ALJ has signed it.  But, hopefully you won't have much longer to go.
Nerve damage in upper and lower extremities. Degenerative Disc Disease, RA.

Hope the size of a mustard seed can produce Faith that can move mountains.

TRIGGER

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Re: here is my experience with the alj
« Reply #13 on: May 21, 2017, 05:16:29 PM »
You are correct on that.. took 10 days from to get my letter. had my hearing 11-8-16 6 months now prob 8 more month to get back pay its well in the 6 figure mark.....

boodrow

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Re: here is my experience with the alj
« Reply #14 on: May 21, 2017, 05:42:38 PM »
wow trigger, sounds like more waiting ahead for us.

Sorry if it may have appeared that I was attempting to 'Highjack" your post. My reply was a simple attempt to reduce any frustration you are having through all of this. Your comment that I have quoted here does appear to be somewhat of a successful nod in the direction of my purpose. Much Love to you. I Love you all very much. True Stories for sure.  :Main14:
"I find it very easy to say I Love You. It is all I have." Boodrow

 

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