on-the-record decisions - Disabilities Message Board

tiresome · 04-01-2005, 07:28 AM

Hello, I applied for disability in April of 2004. I have gone through the process up to requesting a hearing in front of an ALJ. I am told that they are working on the Sept. and Oct of 2003 files right now and it will be at least a 12 to 18 month wait until my file gets looked at. I am filing because of Complex Partial Epilepsy, Neck problems steming from a cervical fusion done in 1994 (I have a bulging disc and arthritis now below the fuse) and Major depression (I have had two suicide atempts and one 9 day hospitalization for suicidal thoughts).
I had a test done on the 24th and I know for sure it captured the heart problem and feel quite sure it captured two seizures. I cannot get the report until I see my doctor on the 5th of April. Then I will know for sure what is on the report.
My questions are:
Has anyone on this site ever asked for an On-the-record Decision?
If so, how did it turn out?

The reason I am concidering doing this is I cannot wait until 12 or 18 months. I do not want to lose my home. The only other way to speed up the process is to write a "dire need" letter and show that I am behind on utility payments and have a eviction notice. I am too scared to let it go that far. I cannot stand the thought of losing my home in eviction and my landlady has been so nice to me I hate to do that to her.
A person at SSA Hearing Office told me that if I make this request I will have an answer in about a month, and if the decision goes against me than I can still have a hearing by an ALJ. The criteria for my type of epilepsy is I have to have more than one seizure a week (I usually have more than one in a day and a least five to 10 or more a week) and that I take my prescibed medicines. I am going to have a blood test done to prove this and send the report also.
I have been so upset by all this that I wrote a complaint out on the SSA web site stating how unfair it is for an American who has worked all their adult life is now faced with losing everything because the process is so slow. I got a reply from a ALJ from Chicago and she gave me some hints on how to present my case and the phone number to call.
Any suggestions would be appreciated especially if you have done this step in the process.
Sincerely,
Laura

leather green · 04-06-2005, 06:54 PM

I understand what you are feeling!!! I am not for sure but i think I got on -the -record decision. I had been waiting for 2 years. A law judge looked at my Appeal and gave me a fully favorable decision. I didn't even get paper work to show up.. I had a lot of medical records and monthly trips to my doctor.. I was also on a lot of pain meds. I had to call my Attorney office and i said Please tell me how long!!!!!!!!!!!!!!!!!! no bull crap.. She said after the paper work gets on the judge desk for Appeal it takes any where from 12 to 16 months!!!!! I was about to give up!!! it took me 21months. from the time I signed up till I got a letter of favorable... I am still waiting for more paper work for the amount I will be getting. I understand it can take another 2 months to get a check

I do know of a few cases where it went much faster.

{WEBSITES REMOVED - PLEASE DO NOT POST LAWYER WEBSITES - PLEASE READ AND FOLLOW THE RULES FOR POSTING WEBSITES} Keep me in touch.

Good luck, leather

tip2mol · 04-07-2005, 01:06 AM

Hi,

You can't just up front as for a decision on the record. After you have been denied initially and then denied upon appeal- then you can file for an appeals hearing. It is best to hire an attorney at this time. Your attorney can ask that the judge that is assigned to case- take a look at your case - especially medical records. The judge can then decide to make a "favorable decision on the record" or go ahead and ask that you show up for the court appeal for him/her to hear your case. All of this definitely takes some time.
This was one of the hardest waits of my life- 2nd to the wait of trying to find out what was wrong with me medically.

Hang in there, things will work out-Unfortunately it just takes time.

leather green · 04-07-2005, 04:48 AM

OOps, I didn't get on the rcord decision.. Sorry.. I just had a review from law judge before my Appeal, I got a call from Attorney she said " you got fully favorable", I didn'thave appeal date although I was not looking forward to it!!! My Attorney said this raley happens. Has anyone ever had this happen to them?

Thank You
leather

leather green · 04-10-2005, 05:43 AM

I wonder If my Attorney asked the judge to look at my medical file. MY decision came from chicago though. I wonder if my check comes from state of Indiana or there main office.

Have a great day.

leather