Alj Hearing (on Remand) In Two Days

[timetowinarace]

Going this one alone. The attorney I had for the first hearing was woefully undprepaired. Had not submitted all of my evidence. Had not read any of it. Showed up ten minutes late to the hearing when we were supposed to meet a half hour early to prepare. I had not seen him prior nor even talked to him except when I sent evidence which he assured me he'd send in, then didn't. His tactic during the hearing was "Why don't you explain what's going on to the Judge". Something I can't do because of my verbal and memory problems. My verbal abilities test in the 3rd percentile. 70 percentile is in the 'normal' range.

Now I'll have to report him to the Idaho BAR ASSN. I sent written notice to SS that I was revoking his council. They in turn forwarded this notice to him when I was awarded the remand. (I requested the review without his knowledge) SS told me they need something from him that he was withdrawing, so I called his office and told him to send it in. He said he would. Three days ago I get a call from SS that he had informed them he would not be at my hearing. They wanted to let me know the Judge would not rescheduale and that the attorney would still get paid. In short, he did not withdraw. He only told them he would not be at the hearing. He knows I have cognative problems and thinks this will get by me so he can get paid for doing nothing.

Of course, there is the hearing itself. It should go well with a different Judge, more evidence and the fact that I got a remand because the first Judge did not consider my cognative deficits. UMMMM,,, that would seem to be VERY important in my case.

Anyway, LUCK TO ME! (i hope)

Time

[tdak]

Time,

First, Good luck to you at your hearing. Your attorney may have wanted you to talk to the judge to show your deficits (e.g memory and such from brain injury), I am not sure. But it somewhat seems that way to me. They have a lot of cases, so whether the attorney knew what they were doing or not was the case, who knows, maybe ask another attorney and maybe you can do something about it in the long run, hopefully they won't get anything out of it.

As for going to hearing, I would be yourself and tell it like it is. Don't bulls..t, but don't underplay it either, you have to think of your worst day and go from there. Make sure you bring as much information about you condition with you as well as any side affects of your medications (if you are on meds) and any other medical information about yourself that you have pertaining to you disability, even if the lawyer already sent it to them. Its better to be over prepared than under.

I wish you all the best!!

[timetowinarace]

The Hearing went better than the first one. I was able to bring attention to the important medical proof and point out that the the examiner that the first judge gave the most wieght to did not have access to my neuro-psych testing and other facts. Then answer all the questions.

Though my wife thought the judge was "mean" to me at times, he seemed sympethetic after the qestioning and the recorder lady was very concerned about my well being.

I wasn't awrded at the hearing so now I just have to wait. The Judge had not read the two C%P reports that should carry the most weight.

Time

[Guest Dataman]

Shame he could not say in hearing. My Judge did, most do not. It took from March 21 to End of May for the Judge to get letter out. Then another 4 weeks for $$$$.

So hang on for the ride. I used to call the office and ask if it was written about once a week after the 30 days.

DM

[timetowinarace]

As with the VA, TBI cases are met with skeptisism with SS.

My VA comp makes the wait time Okay. Otherwize I'd be a mess like I was with the VA. I filed April or May '03 so another month or two won't make much difference.

My wife had disability insurance from her job when she became disabled so she continued to have somewhat of an income untill her SSDI claim was approved.

I feel very badly for those that have to go without an income while they wait. I did for about three years, untill VA finally stepped up. Not a fun experience.

Time

[jbasser]

I think it is the luck of the draw of the Judge you get. Mine issued a bench decision on a Wednesday and by the following thursday the letter was in my mailbox.

I learned something. If you have a hearing, pay attention to what the Vocational Expert tels the Judge and be aware of how the judge asks the questions to the Vocational expert. If the Expert says there are jobs in the Nationa Economy one can do on the last step then you are guarnateed to lose. If the expert says there are no jobs then it is favorable.

If there is no Vocational expert,and no bench decision is rendered then one will be in limbo until the letter arrives.