Unfavorable Decision at the Hearing level even with Representation

[SeanCharles]

I realize that my posting here has been quite infrequent. Much of what I have been dealing with was knowing that I was denied at the Initial stage with the two CE (Comprehensive Exam) exams which one of those was used to rule out, rather than find me disabled with which is or rather was developmental.

At the advice of the representation I had, they suggested I reapply rather than appeal the Hearing level which was unfavorable in part due to documentation and the claim, which I knew needed to be amended. Also, I will be lodging a formal complaint against the ALJ as her attitude and whole professional human relations were not very professional. Thankfully, I maintained 100% control when she had tore me down for not having documentation which she wanted and needed that day of the hearing which was absent in part because of contact information being incorrect. Even though I was given 2 weeks, I had that documentation and a bit more submitted by the end of the first day of the first week!

This also presents another challenge. Because I have worked 8.6 years, those earnings were not only above the SGA of $1,000 a month, for at least 2 of the years I was paid substantially at a rate above the wages I would have been paid had I not been employed under a union contract. I know that even though I was paid well, my disabilities which were as I have in many ways with the exception of one, has been in a variety of posts and diary entries has been documented here on this forum.

 

[joeylittle]

I'm sorry to hear you're having to struggle to get your disability recognized. Sounds like you are navigating the process well, though, and that's to be commended.

Thankfully, I maintained 100% control when she had tore me down for not having documentation which she wanted and needed that day of the hearing which was absent in part because of contact information being incorrect. Even though I was given 2 weeks, I had that documentation and a bit more submitted by the end of the first day of the first week!

Excellent.

 

[Nessa7]

I'm sorry that you were denied. It sounds like it would be much better to go with doing a new application rather than filing an appeal. It doesn't seem like it would do much good to appear in front of the same judge again.

Your lawyer might have gone into all of this, but I thought that it might be helpful information to have on the boards here either way. When you start an application, you are assigned to one person that will collect your documentation. They'll be called something like "Disability Determination Examiner." You might get something with their name and contact information on it or you might have to call Social Security to ask. This is the one person that works for Social Security that can confirm that your documentation is in your file. You will be able to either fax things to them directly or have them be faxed by your doctor. It will depend on the quality of your local offices, but Social Security loses a ridiculous amount of documents.

If you go to the hearing stage again, you or your lawyer can request your entire file once a hearing office has been assigned. You don't have to wait until a hearing date has been set.

 

[SeanCharles]

@Nessa7 the Appeal of a Hearing isn't necessarily the same judge initially, there is an appeals council who will review the hearing and will do one of three things: 1. Deny the request, especially if it after the appeal period after the unfavorable decision, which my appeal isn't yet. The council will review the hearing which they may do or have done even if I hadn't appealed or They might make a decision themselves or they might send the case back to the ALJ.

The reason I didn't restart a new application is because when you file a new application that application date is very important. Restarting a new application would have caused my onset date to be altered which I didn't want to lose.

There are essentially 4 Appeal levels and I am at number 3! The other reason I didn't restart the application at the beginning is because I didn't want to lose a small benefit I am getting which is on the condition that I win is repaid from SSI back pay called Interim Assistance.

 

[SeanCharles]

I'm sorry to hear you're having to struggle to get your disability recognized. Sounds like you are navigating the process well, though, and that's to be commended.

Thank you! It's been a long battle for sure. I am not certain the Judge adequately weighed the evidence which one of the conditions isn't severe because they don't occur frequent enough which are the seizures which are recognized, my problem is that I appear to be having the big seizures every 5 years with episodes occurring in between that don't cause me to lose consciousness.

I unfortunately am in a State with a high denial rate which is partly the problem with the Hearing Appeals process.