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Appear At A Alj Hearing Or Not?


tdak

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I am quite confused about which box to check here. I really don't want to have to appear a hearing unless absolutely necessary. I am sending a lot ( and I mean a lot ) of paperwork that is in my favor from doctors, etc. I also have 60% and TDIU P&T,with the award letter to send (and still have pending claims with the VA). I am sending about 40 plus pages of doctors notes, symptoms, conditions and diagnosises, MRI's, diagnoses and a 2 page letter from me on my symptoms and why I feel I the denial should be approved. Do you think that this is enough to check the box to request a decision be made based on evidence in my case or should I just check the box to go to a hearing a hope they want to make a decision without me there?

Thanks in advance

Tamara

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  • HadIt.com Elder

If you can go you probably should. If you are not up to it than you should not. If it was my clai, I would go but I would take someone with me.

Good Luck

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Thanks Pete. I hope I can get someone to go with me. I do not want to go alone if I do end up in a hearing, because I won't remember half of what gets said anyway. Hopefully they will just look at my claim and approve it without having a hearing.

Tamara

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  • HadIt.com Elder

I think that they almost always have a hearing at that level. I may be wrong. Anyway if you got it from VA SSD should be a shoo in at least that is my opinion.

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Pete,

Yes I did. As of now I have the 60% w/ TDIU and pending claims (which who knows how long will take). But what part of the award letter should I send the one with the rating decision (has the eagle and VA seal on top) only? I also have the original C&P reports that I am sending to them.

Thanks

Tamara

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Tamara;

I know I went along with my Lawyer and Witness. We did not need the Witness (how I was affected at work).

It's scarey. But I would go and be honest. They will ask questions if necessary. Me I had XRays to answer the questions. Sheet metal shows up nice on Xrays. (Medical Metal)

Most Win in ALJ Hearing Level.

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Tamara, you should go, The SSA turns down 60 percent of all applicants. Of the ones who appeal, the approval rate is around 80 percent at the ALJ level. The biggest thing is the SSA can actually discriminate against younger people and get away with it.

remember there are 5 steps.

Step 1 are you working. No go to step 2. can you perform your past work. No go to step 3. Can you do heavy work, no go to step 4, light work, step 5 sedentary work? no. You are disabled.

Also, look at your medical evidence and compare it to the Blue Book. (Impairment listings)

If your illness matches oe exceeds a listing level impairment, Then you should not have to see the Judge.

John

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  • HadIt.com Elder

Tamara

I agree with all said that you should go if you possibly can. It makes a difference I think when they look you in the eye.

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Tamara,

Hopefully you do already have an SSA attorney and I agree -- show up if possible with witnesses to provide testimony for the record.

carlie

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OK, a quick follow up. I sent in my appeal. A huge manilla envelope (overload them with lots of paperwork like they do to us, it can't hurt) along with all the correct papers filled out and I made myself copies of everything. NO lawyer this time. This is only my first appeal. I live in NY, so there is no reconsideration here, it goes straight to an ALJ from the first denal. I figure if they deny me again, depending on why, then maybe I will get a lawyer. But in any case, I called the SSA 800# to see if there was an alternate address I should send it to, due to it being sent certified, return receipt and the man walked me through the whole process (this was a first). I was floored. He was very helpful. I was very happy to hear this and nice, considerate and he wanted to make sure I had all the info I needed. He even asked me if I checked the box that I would be there in person. I said that I hadn't checked any box yet. He made it VERY clear to check the box that you would appear in person. So I did, which I was going to anyway.

I also asked him why the original claims person and their own state doctor missed so many of my medical conditions and symptoms and it seemed like my claim was somewhat skimmed through and I was denied, even though I felt like I should have been approved. He had told me that basically most people get a denial. He said it is just a general denial, unless you have something specific, you will usully get denied the first time. (I figure he means the SSA Blue Book Adult Listings/ Child Listings). He said, the claims examiners don't usually go through the claims thoroughly the first time and then people get denied and most people dont appeal their claims. He said, just stick with it and make sure you get your appeal in within the 65 day time limit (60 days plus the 5 days they give you from the date on the letter for mailing it) Now we know it really isnt that long, because by the time we get it who knows how long we have left. I know it took me the entire 60 days to get all of my records together and I still dont have them all. So hopefully I still have some more ammo if they deny me again, let me just hope they don't.

They way the SSA looks at it is, they have the manpower to outlast us and outwait us. Most of us give up and they (the SSA) still have other cases to work on, so they just keep working like nothing ever happened. If you look at it like a job (which it kind of is, you will get a payoff in the end if you win) they keep working at it)

But my advice, stay with it and fight to the end, because all it takes is time and some effort.

Tamara

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Tamara - I understand your reluctance to appear at the hearing but keep in mind this is your future earnings! Do what ever it takes and then you can sit back and enjoy life a bit.

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  • HadIt.com Elder

if you don't go you will probably lose, kind of like failing to show up for a C&P exam I hope you have an attorney 25% or a max of 5300 is better than 100% of nothing but I feel you will hurt yourself if you don't go

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