Hearing Date Set

[sbrewer]

My husband received a letter with his hearing date for August 12. One day before the letter arrived, he got a phone call from a lady at the adjucation and review dept., asking him when he was treated at the VA. He told her for yrs. and then had to tell her how to get his records. I hope they have them before the trial date. Anyway, he has never had any kind of exam from SS, like a mental exam or heart exam or anything. Is this normal? Do they sometimes make a decision without exams ordered from them?

thanks,

sbrewer

[ruby]

yes, they can and do make decisions without exams. But you shouldn't be going to a hearing without one.

when you say hearing your talking about beind denied in the past.

[sbrewer]

Hi Ruby,

Yes, been denied 2 times. This is the ALJ hearing. They have not called him in for any kind of exam...mental, physical or anything. He is 100% through the VA and retired disability from FERS, so there is 2 federal agencies that say he can not work, as well as his cardiologist on the outside of the VA. But, apparently they have not requested his records from the VA or outside until a day before he got the hearing date.

Seems odd to me, but I certainly don't know.

thanks,

sbrewer

[Pete53]

In all probability they will order C&P after the hearing and hopefully fairly quickly. I will say this again but it is extremely rare for a Veteran who does not have a C&P win their claim unless they have just left the Service.

[sbrewer]

Hi Pete,

This is Social Security not VA. He is already 100% TDIU with the VA.

thanks,

sbrewer

[ruby]

Hi Ruby,

Yes, been denied 2 times. This is the ALJ hearing. They have not called him in for any kind of exam...mental, physical or anything. He is 100% through the VA and retired disability from FERS, so there is 2 federal agencies that say he can not work, as well as his cardiologist on the outside of the VA. But, apparently they have not requested his records from the VA or outside until a day before he got the hearing date.

Seems odd to me, but I certainly don't know.

thanks,

sbrewer

I think that is odd, did you ever talk to the DDS person in charge of his claim or when they sent you the denial why and how did they deny?

I am certain he will win in the ALJ hearing and you will get a nice check.

Ruby

[allan]

sbrewer,

at the ALJ hearing, make sure you take copies of your VA records. Don't rely on the SSA to have them or have made an attempt to get them. You shouldn't need an examination from the SSA if your already unemployable with the DVA, but sometimes these bureaucrats just can't put it together.