ptsd Hopefully The End Of A Long Road

[RuskiLinguist]

Hello again, all. Just your friendly neighborhood RuskiLinguist here giving what I hope to be the last in a long series of upd VA Voc Rehab has saiates regarding the Social Security Claim I filed back in 2009.

I have followed almost all of the advice provided by the experienced folks on this site. I have a local attorney, after some serious problems with the SSD MillMachines who advertise a 99% win rate. This local attorney actually returned my calls, and called the SSA at my request to see why I hadnt been scheduled for my ALJ hearing after more than 16 months of filing that particular appeal. Now here comes the surprise:

I finally have a hearing date!!!! I will be going in front of the ALJ on the 4th of May.

I hope this is the last of the threads I have to start on this topic, and that my next posting will be in the Success Stories Forum.

I know there has been a bunch of information passed in this forum, and even if you think I should have read it already, I will not turn away any last minute words of wisdom.

Although I am nervous as a long tailed cat in a room full of rocking-chairs, I think I finally got myself a good attorney. That seems to keep my nerves from exploding.

For a refresher, I am filing due to PTSD, Major Depressive Disorder (rated at 100% from the VA) as well as digestive problems (rated at 20% from the VA) and back problems (rated 10% from the VA) All of thes conditions are service connected, and are well documented in my records. Even though I haven't been declared "unemployable", VA Voc Rehab submitted documentation that "Vocational Rehabilitation is NOT Feasible" for me due to my Service Connected conditions. They C&P examiner (Psychiatrist) and my primary Psychologist have also both stated that "my disabilities preclude me from gainful employment".

Again, Please feel free to give me any 2 cents worth, but as always, I can only offer a penny for your thoughts ;-)

Sincerely,

Your RuskiLinguist

[free_spirit_etc]

I think you are overlooking the part where he reported that when the judge asked if there were any jobs available he could do with his current age, education, experience, and disability - the VE said YES - and rattled off a few jobs.

It was only when the judge added additional functional limitations that the VE said No.

Personally, I think that is what hurt the claim.

Once again, VE testimony can be challenged. The best place to do that might have been during the hearing though. If the lawyer let the VE statement stand unchallenged during the hearing - it might be harder to win an appeal on the issue. But harder doesn't mean impossible. However, the Appeals Council does not retry the claim. The basis for an AC review are:http://www.ssa.gov/O...03/I-3-1-3.html

• 
  There appears to be an abuse of discretion by the ALJ;
  
  
• 
  There is an error of law;
  
  
• 
  The action, findings or conclusions of the ALJ are not supported by substantial evidence;
  
  
• 
  New and material evidence, which relates to the period on or before the date of the ALJ's decision, is submitted and the ALJ's action, findings or conclusion is contrary to the weight of the evidence currently of record; or
  
  
• 
  There is a broad policy or procedural issue that may affect the general public interest.
  

IMHO You have won your appeal. The alj even though he/she has the final say so, he/she must go by the medical and vocational evidence and not his/her own opinions. Once THEIR vocational expert stated there are no other job's you were able AND qualified to do, and along the with the already medical prerequsites established, that should seal the deal. SSDI is based only on medical, vocational,age, and education. If you have all these i believe you have won your appeal if what you have stated in your previous posts are indeed true. GOOGLE "SSA GRID RULES" and this should give you some idea of how the ssa decides on disability or not.

Edited July 18, 2012 by free_spirit_etc

[RuskiLinguist]

I appreciate your insight very much. I know that in all of the forums I have become involved, that I am the only veteran with 100% SC disability who has been denied Social Security Disability. I have an attorney who wants her $6000, but I I can not trust anyone other than my fellow veterans.

This PRICK of a judge has gone from being a bad judge to being the worst judge in the entire United States regarding his approval of claims. He will never be held accountable for his indiscretion, and no one will ever get a fair ruling from him as long as he sits in his appointed position.

If anyone wants to understand the truth about these ALJ's, the do a google search on:

"ALJ disposition data" and you will see that Judge David Buell was allowed to xxxx me over and my congressional representative Dave Loebsack, did nothing more than monitor the shafting that I took from Judge David Buell!

How can we make these deliberate injustices a priority in our governments efforts?????

[free_spirit_etc]

I am so sorry this happened to you. I know it is an awful blow....

Don't give up!

[Maurice]

I had applied for SSI 3 times and the SSA had denied me each time. I'm 100%.

[RuskiLinguist]

Hello Maurice,

I see your profile states you are 100% Individual Unemployability. Are you also 100% disabled, or is it a rating of less than 100% with the distinction of Individual Unemployability?

Either way, I find it unbelievable that one governmental organization can say you are not able to work, and another can then say you can. Different measurement criteria are an absolute cop-out, and completely without merrit. I feel the VA should be given the greatest weight since they are also charged with establishing that our medical conditions not only exist at a disabling level, but that the things we say happened in our past are also verified through some measure of investigative standard.

Anyway, I am working hard with my lawyer to draft a good appeal, but I am still looking for anyone with advice as to how to deal with ALJ's who are either crooked, or you pick your own adjective, but the point remains the same: There are so many of us getting screwed, and that number WILL grow as long as there is no voice for us in the 3 branches of government we ALL served!

Respectfully and dedicated to the good of many not just me,

Ruski