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Hopefully The End Of A Long Road

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RuskiLinguist

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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

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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.

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  • HadIt.com Elder

If your disability is a mental one I think you have an edge with SSA because the doctors can't measure mental ROM or look at a CT scan or MRI and say you are just fine. Of course, being bipolar or having severe PTSD is hell.

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Ketchup,

The words I have shared here on this site are completely true "if what you have stated in your previous posts are indeed true". I would hate it if the decision of an ALJ could tarnish my integrity. I know that we must all take things with a grain of salt. That also applies to ALJ's. They have a list of rules that they must abide by, but they are also bound by no medical diagnoses, no Vocational Expert testimony, no time frame (seriously, they can take as long as they wish to rule on my case), no physical evidence, nor any thing that we would all consider evidence. They can even declare the Medical Opinions of the VA to be a complete load of garbage and in the case of my district, they are not even required to give it anything more than "some weight". They can do all of this without even having a differing MEDICAL OPINION. I have never been seen by a shrink from the SSD.

So, NO! my credibility does not rely on the decision of this or any ALJ, just as it has never relied upon any person other than me. They were appointed just like many of the officers we have all been forced to salute. If they deserved that salute, is not a reflection on US, but a reflection upon themselves.

I do appreciate your opinion, and your read of my desperate situation. I merely do not place my reputation or my credibility upon the decision of ANY other person in this world. I hope the distinction doesn't keep us from sharing openly.

Sincerely,

The devoted Ruski Ally

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It was a full calendar month yesterday. Still no word from either the lawyer or the SSA. I know it will only go as fast and efficiently as pushing a rope. Im just curious how some folks can get through this process in a few months, and others it takes a few years.

I read about the judge who had a 99% rate of approving SSD claims, and was fired. If we know that type of prejudice exists, then the corollary also has to be that some judges (prejudge) everyone to be not entitled to SSA benefits. I believe that both extremes are wrong, and both should be attacked equally agressively by the government.

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Im just curious how some folks can get through this process in a few months, and others it takes a few years.

SSA claims that receive quick decisions for fully favorable are usually due to

factors such as:

Work history

Type of illness/s

Evidence / Correct type of

Claim properly filed with all supporting documents and correct type of evidence.

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