Jump to content

Ask Your VA Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules 

  • tbirds-va-claims-struggle (1).png

  • 01-2024-stay-online-donate-banner.png

     

  • 0

Alj Hearing Date Finally Set

Rate this question


ltate90

Question

MY LAWYER CALLED YESTERDAY AND SAID THAT THE HEARING OFFICE CALLED AND SET A HEARING DATE FOR MARCH 27, 2009 @ 1:30PM. I SHOULD RECEIVE THE OFFICIAL LETTER CLOSER TO THE ACTUAL HEARING DATE ( 20 DAYS ). WHAT SHOULD I DO NOW?

Link to comment
Share on other sites

  • Answers 17
  • Created
  • Last Reply

Top Posters For This Question

Recommended Posts

  • HadIt.com Elder

Be sure and take a list of your meds to give to your lawyer. If you can look up and print out the side effects. Sometimes the meds you take mean more than a diagnosis.

Good Luck

At the Hearing allow your lawyer to do the heavy lifting. Follow his advice and I think its best to stick to any question asked and not elaborate.

Veterans deserve real choice for their health care.

Link to comment
Share on other sites

yes i fully understand what you're saying pete, i gave my a copy of my most recent med list. matter of fact once i received my letter about the hearing he requested it from me and my medical records. can you tell me what is a pre brief letter, my lawyer says he's going to write the alj one in the middle of month.

Link to comment
Share on other sites

That will be a letter your attorney writes that summarizes the issues, and provides some backing and evidence for each issue you are pursuing. It is a persuasive writing, setting forth the reasons (and evidence) that you should be awarded benefits.

Free

yes i fully understand what you're saying pete, i gave my a copy of my most recent med list. matter of fact once i received my letter about the hearing he requested it from me and my medical records. can you tell me what is a pre brief letter, my lawyer says he's going to write the alj one in the middle of month.
Think Outside the Box!
Link to comment
Share on other sites

free,

thanks for the input, i hope the alj really looks at my case really hard. the closer i get to march 27th the nervous i get. did you have to put one of these pre-brief letters together and turn it into the judge. my lawyer said most alj want you to write these letters 10 days prior to your hearing date. and do they really help you out and in most cases will they get you otr decision.

Link to comment
Share on other sites

Yes. I have read they are very helpful - because they put it all together in a very concise way. And sometimes they can decide your case without a hearing. They can only decide in your favor in that case though.

I was very impressed with the judge at my son's hearing. He was very nice to us - and actually very helpful. I would say he was also very good at reading people. I think he decided as much by the way you answered a question as he did by what you actually said.

Here is a good run down of what the hearing can be like:

http://www.4socialsecuritydisability.com/The_hearing.htm

free,

thanks for the input, i hope the alj really looks at my case really hard. the closer i get to march 27th the nervous i get. did you have to put one of these pre-brief letters together and turn it into the judge. my lawyer said most alj want you to write these letters 10 days prior to your hearing date. and do they really help you out and in most cases will they get you otr decision.

Think Outside the Box!
Link to comment
Share on other sites

Itate,

What health issues are you dealing with that you feel you should

be granted SSA benefits.

You can go to the SSA website and look up those health issues

and compare your medical evidence to their requirements.

Doing this will show you in black and white what's required.

Let us know if you do this and if it helps calm your nerves any.

Hope this helps a vet.

carlie

http://www.socialsecurity.gov/disability/p...onals/bluebook/

Edited by carlie

Carlie passed away in November 2015 she is missed.

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!
  • Recent Achievements

    • spazbototto earned a badge
      Week One Done
    • Paul Gretza earned a badge
      Week One Done
    • Troy Spurlock went up a rank
      Community Regular
    • KMac1181 earned a badge
      Week One Done
    • jERRYMCK earned a badge
      Week One Done
  • Our picks

    • These decisions have made a big impact on how VA disability claims are handled, giving veterans more chances to get benefits and clearing up important issues.

      Service Connection

      Frost v. Shulkin (2017)
      This case established that for secondary service connection claims, the primary service-connected disability does not need to be service-connected or diagnosed at the time the secondary condition is incurred 1. This allows veterans to potentially receive secondary service connection for conditions that developed before their primary condition was officially service-connected. 

      Saunders v. Wilkie (2018)
      The Federal Circuit ruled that pain alone, without an accompanying diagnosed condition, can constitute a disability for VA compensation purposes if it results in functional impairment 1. This overturned previous precedent that required an underlying pathology for pain to be considered a disability.

      Effective Dates

      Martinez v. McDonough (2023)
      This case dealt with the denial of an earlier effective date for a total disability rating based on individual unemployability (TDIU) 2. It addressed issues around the validity of appeal withdrawals and the consideration of cognitive impairment in such decisions.

      Rating Issues

      Continue Reading on HadIt.com
      • 0 replies
    • I met with a VSO today at my VA Hospital who was very knowledgeable and very helpful.  We decided I should submit a few new claims which we did.  He told me that he didn't need copies of my military records that showed my sick call notations related to any of the claims.  He said that the VA now has entire military medical record on file and would find the record(s) in their own file.  It seemed odd to me as my service dates back to  1981 and spans 34 years through my retirement in 2015.  It sure seemed to make more sense for me to give him copies of my military medical record pages that document the injuries as I'd already had them with me.  He didn't want my copies.  Anyone have any information on this.  Much thanks in advance.  
      • 4 replies
    • Caluza Triangle defines what is necessary for service connection
      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
    • Do the sct codes help or hurt my disability rating 
    • VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
×
×
  • Create New...

Important Information

Guidelines and Terms of Use