TLCDaisy

Hearing Decision was UNFAVORABLE :(

Posted on 06/17/09, 11:07 pm

UGH...Got my letter in the mail today, and I was DENIED again at the Hearing level. I haven't spoke with my attorney yet, will call him in the am.

The judge nit-picked my case.

The judge didn't give any weight towards my RFC forms, Residual Functional Capacity, completed by my Pdoc and therapist....somehow they were counted out by some stupid SSD code. Those showed I had severe level functioning. And, since my therapist noted in her notes she completed the RFC with me in the room, that pretty much made it null and void.

So, pretty much she took everything that happened in 2007 and stuck it to me. Nothing mentioned really since 2007, nothing about my cognitive dysfunction tests, no reports of fatigue, sleeping probs, social isolation....all listed in my current Pdoc's notes.

IDK what to do now?? I really need money, and don't feel comfortable returning to my old profession. I can appeal, but how long will that take??

• Reply #1 06/18/09  9:02pm
  
  Trotsangel
  I wish you luck, I appealed on my judge's ruling and the appeals council just agreed with the judge. I had to refile all over again. I first began back in March 2007. 2 weeks after I filed again I fell off a stool in my kitchen cause I lost feeling in my hands and broke my leg very badly and had to have emergency surgery. Now I am definitely out of work now, I sure hope SS is happy!! I have been only working part time after 30 years of full time because of my various medical issues. I almost lost my house in foreclosure because of stupid workers comp. Now here I sit all day in a recliner cause I can't do squat. I am venting can you tell? I would say appeal atleast you have an attorney.
  
  
  Good luck!
• Reply #2 06/18/09  9:20pm
  
  lonelyinNY
  OH I AM SO SORRY YOU WERE DENIED EVEN WITH A LAWYER,THATS CRAZY.WHAT DID YOUR LAWYER EVEN DO FOR YOU?? DO YOU HAVE TO STAY WTH THAT LAWYER OR CAN YOU LOOK FOR NEW COUNCIL NOW?? YOU PROBABLY SHOUDNT WAIT LONG TO APPEAL,STAY RIGHT ON TOP OF THEM.GOOD LUCK AND KEEP US POSTED.MANY HUGS XOXO TAMMY
• Reply #3 06/19/09  9:51am
  
  gamgam
  If this was your first hearing with an ALJ, your attorney should file an appeal for you. It is a must as far as I am concerned. It will not be a magic fix but it should be pursued.
  
  As far as the report being done with you in the room, how else are they suppose to do it?? They have you do things and then not how you either are able or not able to do them.
  
  When mine was done, the PT was writing the whole time as there is no way they can remember all the info they need to fill out the report later. That sounds like something that can be brought up in the appeal as it does not sound right. Have your attorney explain that part to you and see if it makes sense to him or her because something sounds very strange.
  
  You can file a new case but it seems to me that you should do the appeal first.
  
  Do not hesitate to contact your attorney about all this and make a list of questions you need to ask him just so you understand why and how the denial came about.
  
  And keep us posted, please. I know its so very discouraging for you and I am so so sorry about how this turned out.
• Reply #4 06/19/09  1:48pm
  
  TLCDaisy
  Well, my RFC forms were not the Physical RFC forms, since my claim is for Mental Health issues, it was the other RFC forms, like asking about attention, concentration, etc...Still, it would be hard for someone to fill them out without interviewing me.
  
  We are appealing the decision...IDK how long that will take to get a decision back. I don't think we can survive another long wait....I'm gonna have to focus my energy on getting better, weaning off some of my meds that may be making me more tired...all the while overwhelmed by financial stress.
  
  Well, I'm going back to make some notes about the Judge's decision and fax them to my attorney.
• Reply #5 06/21/09  9:43pm
  
  Waitingforhim
  I appealed to the appeal justice and they sent it back to the ALJ with in 3 Months. Write your letters to your representivies and congress. Dont give up!
• Reply #6 06/23/09  11:32pm
  
  TLCDaisy
  Thanks Waitingforhim...My attorney said 1 in 4 is approved at appeals after the hearing, and if not it can be sent back to the ALJ. But, then...it's waiting, waiting, waiting.
  
  I started writing my Senator, I need to pursue it again. Thanks!
• Reply #7 06/25/09  7:02pm
  
  TLCDaisy
  My appeal was filed on the 23rd! Looks like my attorney made a good case, and cited law cases and rulings...I hope it's enough to get me approved!
  
  
• Reply #8 06/26/09  8:14am
  
  gamgam
  I thinks its a rare thing for the appeals coucil to completely overturn the ALJ's decision. If the council does not feel like its right, they will usually grant you a remand. When they do that, they are letting the ALJ know that they did not agree with his decison and are requesting the judge to look at the case again. It a bad thing, to me, but it goes back to the same ALJ and too often they are not willing to even think about changing their mind. However, it may not be that way with all of them. That was just my experince with a particular judge.
  
  Keep your chin up and I know that is not really easy right now. Pleas let u sknow hat is going on with your case.
  
• Reply #9 06/26/09  8:22pm
  
  tiredmama
  I haven't added anything here, because I am new to the ssdi stuff. Still waiting for first decision. It is in the portion where they are reviewing my medical records. But anyway, I just wanted to say how sorry I am that you are having such a rough time right now. My thoughts are with you.
• Reply #10 06/27/09  1:54am
  
  TLCDaisy
  Ugh...it would go back to the same judge?? That's not good...I was hoping for a different judge if it gets sent back.

This is for any one that has found themselves in the long wait for Soicial Security. Any one that has gone through this process or is in the middle of it. Venting is allowed.