Alj Denied

[giz]

those that think that va total and permanant gives you a lock for ssd it dont and the reason for denial was completly made up he just ignored the facts and on the va he just said that he is not bound by the va decision,no kidding thats the best you could come up with.i know i can appeal but it is so frustrating when a judge just ignores three doctors saying i cant work and his own jobs guy saying theirs know job i can do,thanks for letting me vent :) ill keep fighting till i die

[free_spirit_etc]

This isn’t actually something you brought up, but the first rule of order should be taking care of YOU. So before we get too involved in what to do next about Social Security – do you have the means to take care of yourself financially at the moment? Pay bills? Keep warm? Buy food? Stay safe? Get medical care? Etc.

As I have mentioned – though you have every right to appeal the decision to the AC (Appeals Council) we are talking a year in the very least – most likely much longer. So you need a plan of how you are going to take care of yourself in the meantime.

[free_spirit_etc]

Thank you Free for your patience and willingness to help Veterans.

Thank you Pete for your patience and willingness to help Veterans! :)

[free_spirit_etc]

I am interested to know, did your lawyer provide the judge with a brief, before or during the hearing? If he did, you should have received a copy of it.

The brief would highlight the evidence the attorney wants the Judge to look at, and argue why that shows you are disabled. Most Judges only spend a few hours on each case – so having an attorney highlight the important parts is very beneficial.

This is not to excuse a Judge ignoring evidence. But many Judges might not dig deep for evidence, especially if you are represented by an attorney.

Regardless of whether the lawyer pointed it out though, if the evidence was in the file, and the Judge indicated there was no such evidence – it sounds like grounds for an appeal.

I did post info on the AC review. It is not a review where they ‘re-try,” so to speak, the case. They will be looking for those things in the previous posts – Did the Judge abuse his discretion? Did the Judge misapply the law? Were the Judge’s findings based on substantive evidence? (sounds like this might be where the appeal will focus..).

Are you able to talk to your attorney about the decision? If so, what did they say?

[free_spirit_etc]

thanks free and everyone for the help i dont post much, but im always reading everybodys journey thru the madness,thanks again :)

Welcome to the journey through the madness. And hang on tight - it's a hell of ride!

[free_spirit_etc]

Something else you might want to consider discussing with an attorney is filing a new claim. You are entitled to file a new claim while your Request for Review is pending. If the new claim is granted - the onset date would be the day after the ALJ Hearing (or whatever point they decide you meet the criteria, if later than the Hearing).So you would still have the 5 month waiting period for benefits. (This date can later be changed if the AC grants review on your initial claim).

I am not sure how well your claim was developed on your initial application - but you most likely could have it better developed now. You have letters from doctors saying you can't work. Submit them. It would be hard for them to say the Judge has already considered them, if the ALJ decision says they didn't exist.

Not sure what you best move is. But you can find more info on submitting a new claim while your appeal is pending at: http://www.ssa.gov/OP_Home/hallex/I-05/I-5-3-17.html

And it would be best to discuss the matter with an attorney - because there are drawbacks and benefits either way. And it might be best to wait awhile - because you will have more evidence and new info then, and they can always go back up to 12 months (up to the date of the ALJ decision)if they grant it - so you won't actually lose any benefits by waiting, but you might not help your case by re-applying too soon.

(Maybe you will have a new ulcer by that time from your journey through madness:) )

[giz]

thanks free,i think ill wait and see what my lawer says. thanks for the help :)