Alj Hearing

[vet2010]

Hello folks,

I had my hearing yesterday and according to my lawyer everything went great. The V.E. (vocational expert) rep stated that I could do two jobs (postal sorter and Cashier/clerk). The judge gave her two hypothetical questions about me standing, sitting, and a few other personal problems I have and the V.E. stated I would not be able to do either job. My lawyer was allowed to ask the V.E. a question concerning me being off task for 25% of the time if I had those jobs, the V.E. told the judge in all instances I would NOT be able to work. The judge then concluded my hearing and told me to expect her written ruling within 30 -60 days, she also told me if I am awarded they would back pay me starting March 2011. My lawyer stated he was sure that I had won the case however he then stated anything can happen. I want to know from what I posted about the hearing what do you all think how it went?

Vet2010

[Philip Rogers]

Based on what you've stated, I believe you won. As for the date of your award, remember they don't pay the first 5 months of disability, so payment would start on or about 9/2011 and your atty is paid from your retro amount.

pr

[Notorious Kelly]

Sounds good vet but don't start spending money til it's in your account.

Looks like you're close to good news!

[vet2010]

Thanks for the Info...

Vet2010

[vet2010]

I want to post exactly what happened at my hearing. This is FYI and to be sure you (Vets) are up on the latest ALJ hearing proceedures.

My hearing was 12 Dec in the Georgia area, I arrived early to meet my lawyer (first time we met face to face). He (lawyer) went over exactly what would be asked at the hearing (again) and I must say he was spot on. He informed me that this was his frist time in front of this specific judge however as we were sitting their another lawyer heard our conversation and she stated that we should relax because this specific judge will ask all the questions to rebutt the V.E. (judge did exactly that). We went in the hearing (Video Conference) the judge introduced herself and we started. The judge asked me my full name, Dob, and SSN. She (judge) asked what was my job title in the Army, I responded by saying I was INFANTRY for 20 years. She couldn't believe what I said so she asked again in a different manner. What did you do in the Army, I explained again to her that I was INFANTRY for the 20 yrs I was in the Army. She then asked, If I wasn't in combat at the time, what job I would be doing? My answer was straight forward and true, I stated I would be training for combat if not in combat. She then turned it over to my lawyer to ask a few questions (same questions my lawyer prepared me for). How much can you lift, who help me with my meds, do my wife work, how many people in the home, who take the care kids besides me, and how often do I change my Adult undergarments? Judge asked me about my last job after I retired from the ARMY (I worked there for two weeks before quiting). Judge then asked the V. E. based on my past job history, what jobs can I perform? The V. E. Stated two (postal sorter and Casheir). This is where it gets interesting, the judge basically rebutted the V.E. by asking questions such as. If he was to take an additional 30 minute break from those jobs every hour or so could that be possible, V.E. stated NO. Judge then asked my lawyer is their any questions he would like to ask the V.E.? My lawyer asked just ONE, if my client was off task for 25% of the time throughout the day on those specific jobs, could he perform his duty. V.E. Stated NO. Judge then asked me how long have I been using a walking kane (she said an instrument to assisit me with walking)? Judge then asked who prescribed me the kane (judge is writing all answers down). Judge concluded by stating if she rule in my favor I would be awarded to my original claim date. She then thanked me for my service. Afterwards the court reporter thanked me for my service and that was it.

Vet2010