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No Social Security For Me.


Jayburdd

Question

Well, the brown envelope came today but for the second time I have been turned down at the ALJ

This time the judge says"he is giving little weight to what my VA dr. had to say about my Condition.

The first time I went that judge said"he opted not to beleave'' my then civilian DR> In his report he stated

that I am not creditable , I guess at the hearing he asked me if I was in the service and If I were in

Nam . I told him 3years and yes I was there. He asked if I seen action . I said" rocket attacks , ambush rocktet attacks abush" <just like that. In his report he states "I did not mention sniper that I had mentioned in a 2001 Va Report he read someplace. SO I guess thats why he finds me not creditable. Hell there are alot of things I did not mention about my time there but is that a reason to say that about me! Bastard!

He did agree I have PTSD but he says its not that sevear. I think this guy was using a viberating butt plug.

:D

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Guest terrysturgis

I assume that at the ALJ level you had an attorney. If you did what the heck is that person doing on your behalf? I've been studying the SS system as I have been denied at the first level. My attorney seems lazy, so I guess I will have to learn SS law as I did VA laws. The Lord helps them who helps themself.

What level of VA compensation are you at? I realise the SS system is a diffrent criteria than the VA system because I am 100% P&T from the VA and SS does not care. My best advice is to not give up, hang in there and study. Good Luck. Terry Sturgis

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Why would a S/S ALJ be concerned as to how you got your condition? I would think his only concern should be how does your medical conditions affect your ability to work.

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  • HadIt.com Elder

You know SSA sends you a sort of verbal interview asking about what you do all day etc. What you want to appear to be is a completely disabled person who needs help putting on their pants in the morning. Not only can you not work but you are just able to get out of bed by yourself. You have no interests or hobbies and you do nothing. It is insulting but this is what you want to portray. If you have emotional and physical conditions that prevent you from working that is even better.

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  • HadIt.com Elder
Well, the brown envelope came today but for the second time I have been turned down at the ALJ

This time the judge says"he is giving little weight to what my VA dr. had to say about my Condition.

The first time I went that judge said"he opted not to beleave'' my then civilian DR> In his report he stated

that I am not creditable , I guess at the hearing he asked me if I was in the service and If I were in

Nam . I told him 3years and yes I was there. He asked if I seen action . I said" rocket attacks , ambush rocktet attacks abush" <just like that. In his report he states "I did not mention sniper that I had mentioned in a 2001 Va Report he read someplace. SO I guess thats why he finds me not creditable. Hell there are alot of things I did not mention about my time there but is that a reason to say that about me! Bastard!

He did agree I have PTSD but he says its not that sevear. I think this guy was using a viberating butt plug.

:angry:

Sounds like you didn't have a lawyer. If that's true you should get one. Try www.nosscr.org for a representative in your area. PR

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  • HadIt.com Elder

Jay don't give up. Appeal and if your Lawyer is not doing a good job look for another one.

Good Luck

Pete

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Well, the brown envelope came today but for the second time I have been turned down at the ALJ

This time the judge says"he is giving little weight to what my VA dr. had to say about my Condition.

The first time I went that judge said"he opted not to beleave'' my then civilian DR> In his report he stated

that I am not creditable , I guess at the hearing he asked me if I was in the service and If I were in

Nam . I told him 3years and yes I was there. He asked if I seen action . I said" rocket attacks , ambush rocktet attacks abush" <just like that. In his report he states "I did not mention sniper that I had mentioned in a 2001 Va Report he read someplace. SO I guess thats why he finds me not creditable. Hell there are alot of things I did not mention about my time there but is that a reason to say that about me! Bastard!

He did agree I have PTSD but he says its not that sevear. I think this guy was using a viberating butt plug.

:angry:

I am 70% ptsd and 20% Dibetic so have TDIU at 100% compensation . I think I need a new lawyer but I

shall push on. Just does not seem right that a judge can just discount the testemony of a MD. Maybe the review board will see it different this time. Thanks for all the advise.

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Guest rickb54

I must have been blessed because I never had any real problems getting my ssd either. I did not use a lawyer either.

I was turned down during the first step of the process and then went to a lawyer. My situtation is different from most trying to get ssd. I was a civil service employee who was medically retired because of my service connected disability. When a federal employee medically retires they are required to apply for ssd. If SSD is approved part of their federal retirement is offset by SSD. A federal employee on disability loses about 40%( I think it was 40%) of their retirement after the first year regardless if they get SSD or not. In my case it took about a year to get SSD and I had to pay back $14000.00 to civil service. Because of this the lawyers wanted $4000 up front. I told the lawyer to kiss off.

Went I went in front of the ALJ I presented myself in my worst condition. He told me I could still get a lawyer and he would put off a decision, I told the judge no. I said " I have been medically retired from the US Army,Federal Civil Service, and I collect 100% disability from the VA, I told him that since three government agency's already decided that I was unable to work that I should be given SSD." Six months later I got his answer SSD approved.

So when someone tells says you need a lawyer it is not always true. Just have your medical records in order, and present yourself it your worst way.

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Guest jstacy

You need to get a Vocational expert to write you a statement stating not just that you cannot work, But your conditions are severe enough to keep you from doing even sedentary work and ask him to back it up with medical facts. You can also study the SSA court cases and advise your attorney to find one that is similar to yours and by all means use it. It looks like they are not considering PTSD as well as the DM. They will look at the damage caused by the DM like PN, Kidneys, Hypertension, ect.

I am going in front of an ALJ in the next couple of months and I fear the same thing will happen to me.

I do not officially have PTSD ( Unfiled Claim)

I do have the following Medical issues.

C6 DGD / DDD

C5/C6 Nerve root compression with the following

1: Capal Tunnel Syndrome ( Left thumb paralysis)

2: Left shoulder impingement sysdrome with severe limitation of motion.

3: Paralyzed Diaphragm and Phrenic Nerve. ( Restrictive Lung Disease as a result)

Lumbar ddd/djd

Uncontrollable Hypertension on 5 different meds and still not well controlled

Cardiomegaly

CAD

Left Ventricular dysfunction

Tachycardia

Migraine Headaches

Obstructive Sleep Apnea.

Can you believe the SSA turned me down twice.

Edited by jstacy (see edit history)
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  • HadIt.com Elder

Rick:

I got mine SS on my own but I have always felt that once you start dealing with Judges and Lawyers you ahould get one of your own. Since SS limits what a Lawyer can collect it is pretty safe to do it.

Myself I would be careful in selecting a Lawyer.

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  • HadIt.com Elder

Istacy

Like the VA the SSA is hoping the claimant will die before they have to award benefits. That is the only answer other than they just don't want to pay I can think of in your case. My SSA only took 4 months I think because I had a mental condition and also a host of physical problems and very good medical reports from 3 doctors.

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Well, the brown envelope came today but for the second time I have been turned down at the ALJ

This time the judge says"he is giving little weight to what my VA dr. had to say about my Condition.

The first time I went that judge said"he opted not to beleave'' my then civilian DR> In his report he stated

that I am not creditable , I guess at the hearing he asked me if I was in the service and If I were in

Nam . I told him 3years and yes I was there. He asked if I seen action . I said" rocket attacks , ambush rocktet attacks abush" <just like that. In his report he states "I did not mention sniper that I had mentioned in a 2001 Va Report he read someplace. SO I guess thats why he finds me not creditable. Hell there are alot of things I did not mention about my time there but is that a reason to say that about me! Bastard!

He did agree I have PTSD but he says its not that sevear. I think this guy was using a viberating butt plug.

:angry:

Dont give up my case is the same as yours 70% PTSD and IU and PT i applied march 04 had the two turn downs and was just informed by my lawyer i was granted based on my long term doctors treatment been seeing doc now most often 2 times a month from 99 on... the thing that pushed me over the top was a form the lawyer sent me that they use to see how you are as for expected to miss work how many times etc you have your doctor fill out .. can ans. good fair, or poor about 40 questions

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  • HadIt.com Elder
I am 70% ptsd and 20% Dibetic so have TDIU at 100% compensation . I think I need a new lawyer but I

shall push on. Just does not seem right that a judge can just discount the testemony of a MD. Maybe the review board will see it different this time. Thanks for all the advise.

Don't count on the review board. They generally seem to rubber stamp the previous decision. I hope you're using an atty that "specializes" in SSDI law. Early in my case I had a local atty that wanted to try SSDI law. Big, big, huge, mistake. Lost at the ALJ level. Fortunately, I continued to pursue the claim on my own and eventually had an atty specializing in SSDI law. Won retro in under 6 months at the ALJ level. Your atty needs to send documents called "Mental Disorder Interrogatory" and "Mental Residual Functional Capacity Assessment" to your PTSD counselors and medical providers and have these filled out. These are simple forms that take a maximum of about 15-20 minutes, each, to fill out. These were filled out by 3 of my providers. The Vet Ctr counselor was free and the 2 private shrinks were paid $125 each. With those and my atty we breezed thru the ALJ hearing.

pr

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Sounds like you didn't have a lawyer. If that's true you should get one. Try www.nosscr.org for a representative in your area. PR

I agree with Philip. I called the nosscr and they immediately gave me the name of a attorney in my local area who specialized in SSDI cases. I received a follow up letter from them with all contact information just as a reminder. Then after about a week and a half I received a call from the attorney. I had not called him yet because I was only on my second go round. I told him where I was at and that if not approved I would get him involved on the next round. No sense paying them for something you can do yourself. As for me, I have no urge to go to court on my own without someone representing me. I would gladly pay the amount set by SSA for the attorney. This attorney has 25 years experience. He agreed with me that he was not needed at this stage of my game, but allowed me to call him if I had any questions. He will not charge ANY fees other than what is dictated by SSA. Another attorney told me that they would charge that plus any admin fees, travel fees, document fees, etc. This is when I visited nosscr.org site.

Brandy

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Istacy

Like the VA the SSA is hoping the claimant will die before they have to award benefits. That is the only answer other than they just don't want to pay I can think of in your case. My SSA only took 4 months I think because I had a mental condition and also a host of physical problems and very good medical reports from 3 doctors.

I had an IME last week from another Occupational specialist. I received a fax copy today. My Atty suggested I get another one to back up the VA examiners information that I also submitted. It was a whole lot more in depth than the VA exam as the Doc recorded every word as he went. The Final analysis was the fact that my disabilities and and functional capacity do not allow me to do any Kind of Work, Even sedentary.

That is 2 opinions from 2 different Occupational Specialist. I will also use that exam and IME to support Iu claim.

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Guest jangrin
I had an IME last week from another Occupational specialist. I received a fax copy today. My Atty suggested I get another one to back up the VA examiners information that I also submitted. It was a whole lot more in depth than the VA exam as the Doc recorded every word as he went. The Final analysis was the fact that my disabilities and and functional capacity do not allow me to do any Kind of Work, Even sedentary.

That is 2 opinions from 2 different Occupational Specialist. I will also use that exam and IME to support Iu claim.

Jstacy,

The Occupational Specialist is the key. SS has every claim reviewed by their re-hab team/specialist. If they can find a job that you can do they say you are not disabled. By having the Occ specialist report there is NO JOB you can do, you will win your SSD case.

Its all about inability to function physically or mentally in the work place.

Jangrin

Edited by jangrin (see edit history)
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