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Appear At A Alj Hearing Or Not?

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Posted

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

Have a great day!!!

tdak

"Government is like a baby. An alimentary canal with a big appetite at one end and no sense of responsibility at the other. "...Ronald Reagan

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  • HadIt.com Elder
Posted

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

Veterans deserve real choice for their health care.

Posted

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

Have a great day!!!

tdak

"Government is like a baby. An alimentary canal with a big appetite at one end and no sense of responsibility at the other. "...Ronald Reagan

  • HadIt.com Elder
Posted

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.

Veterans deserve real choice for their health care.

Posted

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

Have a great day!!!

tdak

"Government is like a baby. An alimentary canal with a big appetite at one end and no sense of responsibility at the other. "...Ronald Reagan

Posted

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.

  • HadIt.com Elder
Posted

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

A Veteran is a person who served this country. Treat them with respect.

A Disabled Veteran is a person who served this country and bears the scars of that service regardless of when or where they served.

Treat them with the upmost respect. I do. Rejection is not a sign of failure. Failure is not an option, Medical opinions and evidence wins claims. Trust in others is a virtue but you take the T out of Trust and you are left with Rust so be wise about who you are dealing with.

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