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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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Yes. My Social Security Disability Claim was denied. I haven't received the write up yet, so I can not say why based upon their wording. But the real reason why is the same as I have been stating here from the beginning. Some of the judges in the ALJ pool approve way too many of the applications they see, and some deny way too many of the claims they see. The only way this can be true is that there is way too much subjectivity in the process.

For example, everything I have shared in this thread is 100% true.

The Social Security Administration never sent me for a Psychological or Psychiatric examination with any of their doctors. The only medical evidence in their posession was derived from the VA, my own answers to their questions, and the Vocational Expert they had at the ALJ hearing. All of the statements, evaluations, treatment records, RFC forms, and Vocational Expert testimony said that I am not able to perform my past work, and that there is no work in the national economy that I can perform based upon my personal status and my medical conditions.

The judge assigned to my case has gone from approving 30% of the cases he sees in the first quarter of FY 2012, to approving 17% of the cases he has heard in the second quarter of FY 2012. I am sure his downward trend will continue into the 3rd quarter, and the part that sux the most is that there is NO RECOURSE!!!

Who is out here to help us when an overpowered arrogant jackass is assigned to the throne and over1denies cases presented to the SSA. We all know that they will come down severely on a judge who overapproves cases.

Sorry for the rant, but there are even a lot of congressional and senate reps out there who think that the assignment of benefits for a 100% SC veteran shouldnt have to even wait, let alone be denied after almost 3 years of fighting.

Whats a person to do????

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The reaction I received from my Congressman and Senator was: Thank you for allowing us to help you in your SSD claim. Please sign these forms so we may better understand and support your appication. [i signed and returned them} Their follow through; Your claim is ready for assignment to an ALJ. 4 months later; Your claim is ready to be heard by an ALJ. 4 months later; Your claim is ready to be hard by an ALJ.

I could figure all that out by looking on the SSA website. So, what value do these people who claim to "serve us" actually serve? If my promises were that empty when I was in the Army, I would have ended up with a dishonorable discharge AT BEST!!!

I only made about $700 as a Private, and I still had more honor in my big toe than these people have in their whole body at a price tag of over $150,000/year.

The good news is that I am closer to a title for my first book on the realities of serving America. I am leaning towards a title of "Between the bench and the Throne, an American Monarch". I thought it could be a "fictional novel" tracking a gentlemans bet between a belligerent ALJ, and a Saudi Arabian Prince to see who can destroy the lives of more American's, without making the FBI's most wanted list.

Yes, I am a little enraged, and of course with 100% disabling PTSD, I have a few trust issues, but just because a person is paranoid does not mean there isn't someone out to get them!!!

Just so I have a question out here, What is the next step in the appeal process? What are the timeline requirements for responce? What are the percent chances for an overturn of decision? and Does it mean I have a crappy attorney because I lost such an obvious case to a biased ALJ? I know the filing timeline, cause its always 60 days. If only their rules were that cut and dry...

Sincerely your highly agitated Ruski Linguist!!!

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I will be elgible for medicare in November of this year. I have insurance from the department of labor and the VA supplies me with all of my meds. Do I have to enroll in medicare? Seems like a waist of money to me.

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