Jump to content
!! Advice given is in no way a substitute for consulting with a competent Veterans law firm, such as one on the NOVA advocate website !! ×
VA Disability Claims Community Forums - Hadit.com

  • veterans-crisis-line.jpg
    The Veterans Crisis Line can help even if you’re not enrolled in VA benefits or health care.

    CHAT NOW

  • question-001.jpeg

    Have Questions? Get Answers.

    Tips on posting on the forums.

    1. Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery” instead of ‘I have a question.
       
    2. Knowledgeable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title.
      I don’t read all posts every login and will gravitate towards those I have more info on.
       
    3. Use paragraphs instead of one massive, rambling introduction or story.
       
      Again – You want to make it easy for others to help. If your question is buried in a monster paragraph, there are fewer who will investigate to dig it out.
     
    Leading too:

    exclamation-point.pngPost straightforward questions and then post background information.
     
     
    Examples:
     
    • Question A. I was previously denied for apnea – Should I refile a claim?
      • Adding Background information in your post will help members understand what information you are looking for so they can assist you in finding it.
    Rephrase the question: I was diagnosed with apnea in service and received a CPAP machine, but the claim was denied in 2008. Should I refile?
     
    • Question B. I may have PTSD- how can I be sure?
      • See how the details below give us a better understanding of what you’re claiming.
    Rephrase the question: I was involved in a traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?
     
    This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial of your claim?”
     
    Note:
     
    • Your first posts on the board may be delayed before they appear as they are reviewed. This process does not take long.
    • Your first posts on the board may be delayed before they appear as they are reviewed. The review requirement will usually be removed by the 6th post. However, we reserve the right to keep anyone on moderator preview.
    • This process allows us to remove spam and other junk posts before hitting the board. We want to keep the focus on VA Claims, and this helps us do that.

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • VA Watchdog

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

HadIt.com Changes Ownership
  • 0

Social Security Hearing

jimlane1949

Asked by jimlane1949,

 Share

Question

jimlane1949 Collaborator

jimlane1949

Posted
Posted

I have a SSDI hearing before the Appeals Board at the Social Security Office 4-4-07. I have a good attorney who took my case after 2 denials. I am very nervous and have 3 years vested in this process. I am TDIU T&P. Thanks for any input

Jim Lane

Link to comment
Share on other sites
  • Answers 13
  • Created
  • Last Reply

Top Posters For This Question

Popular Days

Top Posters For This Question

Popular Days

13 answers to this question

Recommended Posts

Ricky Grand Master

Ricky

Posted
Posted

Jim, I have never been before a SSDI board. However, I would assume it to be the same as any other hearing with an attorney. You have started off on the right foot by having someone represent you. He or she will fight the battle for you. You will probably get asked a few questions by the Admin Law Judge - Just be frank, look him in the eye and remember, you paid into this system so you are not asking for a hand out - these are your own paid for benefits. Good luck and stay calm for I am sure all will work out for you.

Ricky

Link to comment
Share on other sites
jimlane1949 Collaborator

jimlane1949

Posted
  • Author
Posted
Jim, I have never been before a SSDI board. However, I would assume it to be the same as any other hearing with an attorney. You have started off on the right foot by having someone represent you. He or she will fight the battle for you. You will probably get asked a few questions by the Admin Law Judge - Just be frank, look him in the eye and remember, you paid into this system so you are not asking for a hand out - these are your own paid for benefits. Good luck and stay calm for I am sure all will work out for you.

Ricky

Thanks Ricky
Link to comment
Share on other sites
Guest jangrin

Guest jangrin

Posted
Posted (edited)
I have a SSDI hearing before the Appeals Board at the Social Security Office 4-4-07. I have a good attorney who took my case after 2 denials. I am very nervous and have 3 years vested in this process. I am TDIU T&P. Thanks for any input

Jim Lane

Jim,

The ALJ likes for the claimant to have an attorney. You will probably not have to talk much as your attorney will do most of the talking. Usually, you will meet in a small conference room with the judge, attorney, yourself and occationally a specialist who has been assigned to give an opinion regading your disability(s). I have been able to sit in on a few hearings and they are very "low key" or informal.

However, the main thing is the ALJ is looking to your attorney to provide the medical/mental proof of total disability according to thier Blue Book. You my be asked to clarify a question that the judge is not clear on but usually the attorney handles all the questions. By the time the hearing is over you should have a very good idea of how things are going to turn out. Most of the hearings last less than an hour long.

Don't stress, the evidense will speak for you.

Jangrin

Edited by jangrin (see edit history)
Link to comment
Share on other sites
jimlane1949 Collaborator

jimlane1949

Posted
  • Author
Posted
Jim,

The ALJ likes for the claimant to have an attorney. You will probably not have to talk much as your attorney will do most of the talking. Usually, you will meet in a small conference room with the judge, attorney, yourself and occationally a specialist who has been assigned to give an opinion regading your disability(s). I have been able to sit in on a few hearings and they are very "low key" or informal.

However, the main thing is the ALJ is looking to your attorney to provide the medical/mental proof of total disability according to thier Blue Book. You my be asked to clarify a question that the judge is not clear on but usually the attorney handles all the questions. By the time the hearing is over you should have a very good idea of how things are going to turn out. Most of the hearings last less than an hour long.

Don't stress, the evidense will speak for you.

Jangrin

Thank you very much this information is helpful.
Link to comment
Share on other sites
  • HadIt.com Elder
Philip Rogers Grand Master

Philip Rogers

Posted
  • HadIt.com Elder
Posted

Jim, you should be okay, "if" your attorney specializes in SSDI cases. If it's for PTSD the atty should have mental disorder interrogatories and mental residual functional capacity assessments, from your providers, as evidence, to present to the ALJ. Just an observation but if you've ever had a PTSD C&P, eye contact is very important and is always mentioned in the exam report. The more eye contact one has the "less sick" they are. Eye contact displays confidence. Just act as you normally are and you should be okay. Never use an atty that doesn't have SSDI experience. I did and lost my first ALJ hearing. Cost me 3 yrs benefits. jmo

pr

Link to comment
Share on other sites
Guest Dataman

Guest Dataman

Posted
Posted (edited)

Jim;

I went thru the SSA Disability Process. 2 Turndowns and then the ALJ Hearing.

Myself

My Lawyer

Judge

Clerk with Tape Recorders

Voc Rehab Specialist (No Show)

We waited about 45 minutes for the Voc Rehab person. They never did show up. Judge said he would do that part.

Asked who I was and where I lived so on.

Questions about drugs I took. I had printouts of Meds Side Effects. Gave those. Ask questions of why I did not get my right hand fixed. Showed XRay of Left hand (7" of Steel and 7 screws, and I don't want any more operations).

I had a witness from work with me and they stayed in waiting room and never were part of the hearing. I have periods of back twitching and not being able to move (happened at work few times, once in front of them). (Miltary Vehicle accident 65mph on Interstate blowout and Rolled it returning from McDill AFB)

Judge looked at paperwork. Said he could not understand why it was not approved before this and he would approve pending qualifed (40 Qrts and such). Asked what I made from VA (TDIU 100%).

Hearing March 2002

Letter May 2002

Money July 2002

Did a reeval last year. Paperwork, no exam.

I had SSA do a exam on me, SSA Paid for it. Lady Dr hurt me so bad she had to stop the exam and let me catch up.

I was scared of the hearing to tell the truth. I wanted to Win. VA approved me in 6 weeks no exam. SSA took 23 months.

I was 42 years old at the time. (When Applied for VA/SSA). Lost my job because I could no longer do the work. Back kept twitching out. No way I will let the Dr's operate on me. 5x times on left wrist is enough for me.

Edited by Dataman (see edit history)
Link to comment
Share on other sites
jimlane1949 Collaborator

jimlane1949

Posted
  • Author
Posted

I had my hearing today. The Judge deferred a decission until I have a psych eval concerning if my ptsd does not allow me to work. I felt a little disappointed but at least he didm\n't deny it outright. This has turned into a big deal. I waited two years and the hearing didn't last 1/2 hour.

Link to comment
Share on other sites
Guest Dataman

Guest Dataman

Posted
Posted

About Right. Try to get a copy of the Report. U can look at your folder the SSA Judge has. U just have to go ask.

Talk to your Legal Folks

Link to comment
Share on other sites
  • HadIt.com Elder
Pete53 Grand Master

Pete53

Posted
  • HadIt.com Elder
Posted

Jim:

Go to the psych consult. It should go well for you. The Judge is covering his ass.

Link to comment
Share on other sites
robert51 Rising Star

robert51

Posted
Posted
I had my hearing today. The Judge deferred a decission until I have a psych eval concerning if my ptsd does not allow me to work. I felt a little disappointed but at least he didm\n't deny it outright. This has turned into a big deal. I waited two years and the hearing didn't last 1/2 hour.

I was in a same place as you i had a IMO and the key to getting approved was not that i could not do lame jobs ( laundry folder etc but the key to my sucess was that i counld NOT WORK FOR 8 HOURS ...AT A TIME...

Link to comment
Share on other sites
Guest
This topic is now closed to further replies.
 Share
Go to question listing
×
×
  • Create New...

Important Information

Guidelines and Terms of Use

  I accept