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After 41 Months Finally Approved For Ssdi

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MarineDog

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Hello to all my Hadit family. I wanted to share my good news with you whom are still fighting the battle for SSDI. 41 months after filing my SSDI application, on Friday the 13th, I was approved at the alj hearing and it only took 15 minutes and I was done! Now let me back-up,,,,

When I initially filled I completed all the paperwork myself, filed myself and was turned down only 2 weeks after their Doctor’s appointment. Then I hired Binder and Binder out of New York and they did everything for me. My attorney found several inaccurate statements on their Doctor’s report including one that stated I was an alcoholic; I have not had a drink in 5 years.

When it was time to go into the room (I had a videoconference with the Judge) I was nervous in a way that I have never been, almost sick. The Judge asks my attorney a few questions and then he asks me about 10 questions. What is your name, DOB, age, years of education, have I earned any money since my file date, dates of last employment, and duties at this job. I did have a visit to the nut house in 04 and I told them that I just got arrested for marijuana. The Judge said “I see here you were arrested in Mexico for drugs’. I told him it was in Del Rio (a Texas/Mexico border town). He then said I see you did test positive for marijuana while you were in the nut house. Again I corrected him and said I was never tested, instead I told them. He asked a few more questions and right in the middle of everything he ups and approves my case. My attorney never had to argue with him.

Advice for you who will face alj hearing from my attorney; the Judge is really looking to see of your creditable and honest. She told me that most Judges are looking for any inconsistency to turn you down. These may be in your paperwork or statements, they may try to trip you up.

Advice from me, hire an attorney! I think it is the best money you will ever spend,

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  • HadIt.com Elder

Congratulations it's the wait that kills people just like the VA people lose their homes and their families waiting on approvals from the government good thing the lawyers are maxed at at 5300 max because if they got 25% of 41 months back pay I am sure that would be a hell of a lot more than 5300 think a few days after you get the check I doubt it you will see any more large lump sums again keep some for those rainy days.....we all have them

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Guest jangrin

Marinedog,

Receiving the SSDI benefit is a good feeling. You know you have earned it and you know you deserve it. It takes actually getting the payment for a few months to realize that you can count on recieving the payment. Especially after 41 months of waiting and fighting for you just due.

Congratulations on your success.

Jangrin

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I applied and got turned down. Hired a attorney after the turndown. My attorney tells me in michigan u can not request immediate consideration. And tells me that I just have to wait till I go in front of the ALJ I think its called. But when he read the C&P Report he said if I can get this doctor (the one who did my C&P for PTSD) to complete this form them maybe I could get it expidited. So anyway I got the form filled out by another pyschiatrist, one by my request and with the help of my case worker, and one as a response to a congressional. Both done by the same doctor, done a month apart, and both quite different. In the question "Do you think the patient has the capability of performing a sedentary low stress job on a 40-hour work week on a regular and sustained basis?" The doctor circled NO and in response to

"If no why not?"

He wrote "patient is chronically dysphoric"

So I wonder if there is anyway to expedite the case. I am not sure when I applied, and when I got turned down, or when I hired the attorney. I guess its time to dive in to the piles of files in the safe and look it up.

The SSA did not send me to see a doctor, did not send me to see a voc rehab person, did not interview my wife..................................

I sent my lawyer a email this morning and told him I had the completed form (didnt tell him about two of them) and said I wanted a appointment to discuss. He told me I had a sure win case it was just gonna take time to go through the wait for the ALJ hearing.

Lawyer dont care to expidite his fee is fixed. I did get notification that I am on the list for a ALJ hearing.

Any advice?

On top of all this I got a two week notice for a DRO Hearing, I asked my DAV Rep to see if he can postpone for two weeks, my brother and son will both be here from out of state and will be staying at my house. I need my head right when I do this hearing, no distractions!

Edited by BETRAYED
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  • HadIt.com Elder

Marine Dog glad that you were finally awarded SSD. To bad it took so long. You were wise to hire a lawyer after the initial turndown and the Max is good cause it gives the Lawyer an incentive to finish the case and get their money.

I found the Social Security folks to be much nicer and helpful than the VA but Hadit is full of members who have trouble with one and not the other.

Hang around and help us help Veterans. For me the hardest part was doubting that it would work for me and hopefully Members who come here walk away with some encouragement.

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