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]

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

You're welcome giz. And I hope I didn't overwhelm you with too much information. I do get carried away sometimes.

It sure sounds like you have a strong basis for an appeal. Though it is true that an ALJ is not actually "bound" by the VA decision - the fact that you are 100% disabled with VA should stand in your favor.

It's not like you just strolled in there off the street and declared yourself disabled. I would think the ALJ would have to explain the reasons why he found you to NOT be disabled, when the VA has found you to be totally and permanently disabled...more substantial reasoning than just that he isn't bound by their decision. He also isn't "bound" by your doctor reports - but he has to give valid reasons why he determined that you can work when three doctors said you cannot.

Another interesting fact to know is that most Judges don't actually write their own decisions. They make the decision, but Social Security has decision writers that actually write the decision, and then the Judge signs off on them.

Judges are supposed to give the decision writers instructions, but Judges differ in the amount that they do that.

There are some very interesting discussions on the ALJ Improvement Board about this issue:

http://aljimprovement.proboards.com/index.cgi

One complaint some of the decision writers express is when the Judge denies a claim, when the evidence doesn't support a denial, and it is up to the decision writer to try to write a decision that will make the Judge's decision "stick." So they have to go into the file and try to find evidence that will actually support the Judge's decision - even when they believe the Judge should have decided the other way.

From what you share about your decision, the writer may not have done that. The writer may have intentionally wrote the decision in such a way that you are pretty much guaranteed a remand.

I hope your discussion with your attorney goes well - and if not, I hope you can find another attorney you are more comfortable with.

By the way, what type of work did the VE say you are able to do?

Free

Edited December 23, 2009 by free_spirit_etc

[giz]

order cleck,,document preparer and a telephone quote clerk

[free_spirit_etc]

order cleck,,document preparer and a telephone quote clerk

So this is what they are saying you can do:

http://www.occupationalinfo.org/24/249587018.html

CODE: 249.587-018Buy the DOT:Download/CD-ROM

TITLE(s): DOCUMENT PREPARER, MICROFILMING (business ser.)

Prepares documents, such as brochures, pamphlets, and catalogs, for microfilming, using paper cutter, photocopying machine, rubber stamps, and other work devices: Cuts documents into individual pages of standard microfilming size and format when allowed by margin space, using paper cutter or razor knife. Reproduces document pages as necessary to improve clarity or to reduce one or more pages into single page of standard microfilming size, using photocopying machine. Stamps standard symbols on pages or inserts instruction cards between pages of material to notify MICROFILM-CAMERA OPERATOR (business ser.) 976.682-022 of special handling, such as manual repositioning, during microfilming. Prepares cover sheet and document folder for material and index card for company files indicating information, such as firm name and address, product category, and index code, to identify material. Inserts material to be filmed in document folder and files folder for processing according to index code and filming priority schedule.

GOE: 07.05.03 STRENGTH: S GED: R3 M1 L2 SVP: 2 DLU: 86

ONET CROSSWALK: 55347 General Office Clerks

http://www.occupationalinfo.org/24/249362026.html

CODE: 249.362-026Buy the DOT:Download/CD-ROM

TITLE(s): ORDER CLERK (clerical) alternate titles: customer-order clerk; order filler; order taker

Processes orders for material or merchandise received by mail, telephone, or personally from customer or company employee, manually or using computer or calculating machine: Edits orders received for price and nomenclature. Informs customer of unit prices, shipping date, anticipated delays, and any additional information needed by customer, using mail or telephone. Writes or types order form, or enters data into computer, to determine total cost for customer. Records or files copy of orders received according to expected delivery date. May ascertain credit rating of customer [CREDIT CLERK (clerical) 205.367-022]. May check inventory control and notify stock control departments of orders that would deplete stock. May initiate purchase requisitions. May route orders to departments for filling and follow up on orders to ensure delivery by specified dates and be designated Telephone-Order Dispatcher (clerical). May compute price, discount, sales representative's commission, and shipping charges. May prepare invoices and shipping documents, such as bill of lading [bILLING TYPIST (clerical) 214.382-014]. May recommend type of packing or labeling needed on order. May receive and check customer complaints [CUSTOMER-COMPLAINT CLERK (clerical) 241.367-014]. May confer with production, sales, shipping, warehouse, or common carrier personnel to expedite or trace missing or delayed shipments. May attempt to sell additional merchandise to customer [TELEPHONE SOLICITOR (any industry) 299.357-014]. May compile statistics and prepare various reports for management. May be designated according to method of receiving orders as Mail-Order Clerk (clerical); Telephone-Order Clerk (clerical).

GOE: 07.05.03 STRENGTH: S GED: R3 M3 L3 SVP: 4 DLU: 88

ONET CROSSWALK: 55323 Order Clerks- Materials, Merchandise, and Service

http://www.occupationalinfo.org/24/249362026.html

CODE: 249.362-026Buy the DOT:Download/CD-ROM

TITLE(s): ORDER CLERK (clerical) alternate titles: customer-order clerk; order filler; order taker

Processes orders for material or merchandise received by mail, telephone, or personally from customer or company employee, manually or using computer or calculating machine: Edits orders received for price and nomenclature. Informs customer of unit prices, shipping date, anticipated delays, and any additional information needed by customer, using mail or telephone. Writes or types order form, or enters data into computer, to determine total cost for customer. Records or files copy of orders received according to expected delivery date. May ascertain credit rating of customer [CREDIT CLERK (clerical) 205.367-022]. May check inventory control and notify stock control departments of orders that would deplete stock. May initiate purchase requisitions. May route orders to departments for filling and follow up on orders to ensure delivery by specified dates and be designated Telephone-Order Dispatcher (clerical). May compute price, discount, sales representative's commission, and shipping charges. May prepare invoices and shipping documents, such as bill of lading [bILLING TYPIST (clerical) 214.382-014]. May recommend type of packing or labeling needed on order. May receive and check customer complaints [CUSTOMER-COMPLAINT CLERK (clerical) 241.367-014]. May confer with production, sales, shipping, warehouse, or common carrier personnel to expedite or trace missing or delayed shipments. May attempt to sell additional merchandise to customer [TELEPHONE SOLICITOR (any industry) 299.357-014]. May compile statistics and prepare various reports for management. May be designated according to method of receiving orders as Mail-Order Clerk (clerical); Telephone-Order Clerk (clerical).

GOE: 07.05.03 STRENGTH: S GED: R3 M3 L3 SVP: 4 DLU: 88

ONET CROSSWALK: 55323 Order Clerks- Materials, Merchandise, and Service

[giz]

and in my free time i can run a marathon :)

[free_spirit_etc]

and in my free time i can run a marathon :)

Or make plans for how you are going to spend your big retro check!!!

[free_spirit_etc]

Giz,

You might find the new case interesting. I found out about it in this post: http://ssaconnect.com/component/option,com...c/t,7871/#26662 - on SSA connect. (bottom of page)

The full case decision is posted at: http://www.ca6.uscourts.gov/opinions.pdf/10a0007n-06.pdf

It is not a published opinion (yet, at least) - Thus it can't be used as a precedent. However, it is interesting in that the court remanded a decision based, in part on the VE testimony that the person could do work as a (of all things) document preparer (or security camera monitor)- and that these jobs existed in significant numbers in the economy. One reason the court remanded the case was that the VE used out-dated information in issuing their opinion.

Just thought it was interesting...

By the way... how is it going? Have you spoken with an attorney yet?

Free