Alj Denial

[Bonzai]

I applied for SSDI in March 2008, on my own, figuring that I could supply Soc Sec with the information they needed and I would be approved - it didn't happen as I planned and I was denied around July 2008. As I was already getting legal assistance from a NOVA lawyer, I knew he also handled SSDI/SSI cases. He told me to file for reconsideration, and if I was denied then get back to him. So I filed for Reconsideration and was denied by November 2008.

I then signed the papers for the lawyer to represent me, and we filed for a review by an Administrative Law Judge, and the wait began. I researched the Administrative Law Judge and found out that he only approves 25% of his cases, so I did not have a good feeling about my case. I had my twelve (12) minute hearing late March 2010 and received my unfavorable decision June 25th 2010, about three months to get the decision.

Due to my ignorance of the whole Social Security process (I didn't know about HadIt or other sites then), I really blew the initial application and feel that I could have been awarded first time around, if I knew what I know now.

The Administrative Law Judge I had, has made it clear that: Social Security can ignore Veterans Affairs DSM-IV diagnosis's and they use their own Social Security Blue Book; Social Security can also ignore GAF scores; Social Security loses evidence; witnesses at a hearing can not be heard (my wife was not allowed to testify); IMOs can be discounted because they are paid opinions (what about their own consultant who gave me a GAF of 48 - ooops doesn't fit so just invalidate all GAF scores); and I am not a credible person.

If this seems like a b*tch post, I apologize, it gets better, as I hope to help someone else from making the mistakes I did.

My first and biggest mistake wasn't understanding the CFR 20 Appendix 1 to Subpart P, as three of my conditions are in the List of Impairments.

My second mistake was not knowing about Patrick's Self-Help report at yuku.com, where he has a format to follow in equating Social Security Blue Book to DSM-IV diagnosis's.

I learned about these mistakes while I was waiting for my ALJ hearing, during which time I also found HadIt and joined. So I waited to see the outcome of the ALJ hearing. At the time, My lawyer said the hearing went well, but in a recent review of evidence received by the ALJ, there were items submitted that have mysteriously disappeared. So mistake number three was not asking the ALJ what evidence he had, and to having copies of everything submitted to resubmit, if necessary.

I am actually OK with having to appeal to the Social Security Appeals Council, as they allow new and additional evidence to be submitted. My lawyer says he will fight it all the way to Circuit Court, but I would rather be in the three (3) percent of cases that get approved as Favorable at the Appeals Court level.

There are four possible outcomes (I have put them in order of probability):

1) Denial. (have to appeal to Circuit Court)

2) Remanded back to the same ALJ.

3) Approved favorably.

4) Remanded back to a different ALJ.

I, of course, would love number three. Next week we are filing the appeal, and the wait will go on for nine months to a year, or longer.

[carlie]

Seven weeks after the remanded hearing, I received a fully favorable decision in the mail.

Bonzai -

Absolutely fantastic news !

What a long hard fight you had to go through.

Glad that judge had to right his wrong and hope he has to

do so for the others he has continued to deny.

Enjoy & Congrats

[unique]

Congratulations Bonzai!!!

I was denied by an ALJ and I appealed to the Appeals Council but was denied there also. I finally got approved after refiling over again still waiting for my backpay which could have been for four years but instead I was backpayed for two years from the second initial filing. My attorney could have won on the Appeals Council brief but I don't think he addressed everything properly in his brief. So I got another attorney and won the second time around on a bench decision but in turn I lost two years of backpay by refiling over again.

Congratulations Again!!!

Edited August 19, 2012 by unique

[Notorious Kelly]

Bravo, Bonzai!

Thanks for fighting and sharing so many helpful details!

[RuskiLinguist]

Bonzai -

Absolutely fantastic news !

What a long hard fight you had to go through.

Glad that judge had to right his wrong and hope he has to

do so for the others he has continued to deny.

Enjoy & Congrats

Carlie I agree completely and hope they take it 2 steps further. 1. Don't pay the ALJ that cant do the basic job we pay him or her to do; and pay all of the backpay out of the judges pocket. That's the only way they will ever feel a sense of accountability.

Congratulations, and thanks so much Bon for sharing this with us. I am at the Appeals Council Level, but have only been there for about 6 months. I am hoping for similar results as you received.

Sincerely,

RL