Hi Everyone
I'm a newbie on this board. I have been reading a lot of the postings and the support is overwhelming. Which is something I need right now; because the waiting is driving me crazy. Here's a rundown of my situation. I’m 40 year old female and DV (disable veteran). I applied for SSD in June 07 for my migraine and disordered depression. I was denied in Oct 07, so I got a lawyer and requested for reconsideration. (24 months waiting time) I received my hearing date, which was on Oct 6, 2009. Well the hearing was in Raleigh, NC. The hearing, itself lasted about 35 minutes. The judge dismisses the vocational expert after getting my skill level for my past jobs. He did this in the beginning of the hearing. So the vocational expert wasn’t there to hear my lawyer questioning or my testimony. The judge didn’t ask me any questions before or after my lawyer was finished. He just wanted me to elaborate on my depression; in which, I did. My lawyer said she had never experiment anything like that before, because the vocational expert always stay for the whole hearing. And give his expertise after hearing everything. She felt that it was a good sign. My lawyers said I may get my decision in 3 days or 90 days. I guess NC is very unpredictable. I was just wondering if there’s anyone from NC who might be able to tell me how long they had to wait for their decision or if they were approved. Any feedback will be appreciated.
Thanks,
TJ
Hi Tjunea I see youre awaiting your decision also.I am a 38 year old male with RSD and depression.I filed in June 2007 denied twice had my hearing in July 2009 still havent received my decision yet.My attorneys assistant told me yesterday it could take up to six months for me already been waiting 3 months.But ever case is different and it depends on backlog too.My judge is backlogged with cases.They also said it might be sooner than 6 months.I'm praying for that and a approval.I wish you all the luck in the world. .I also have a work comp case involed in my case.
First, let me say welcome to Healthboards! Many here have a wide variety of experiences and thus, can offer lots of support and guidance. Also, let me say "thanks" for serving our country.
Quote:
Originally Posted by Tjunea
The judge dismisses the vocational expert after getting my skill level for my past jobs. He did this in the beginning of the hearing. So the vocational expert wasn’t there to hear my lawyer questioning or my testimony. The judge didn’t ask me any questions before or after my lawyer was finished. He just wanted me to elaborate on my depression; in which, I did. My lawyer said she had never experiment anything like that before, because the vocational expert always stay for the whole hearing. And give his expertise after hearing everything. She felt that it was a good sign.
Just speculation on my part, but I would agree that this does seem like good news. In fact, very good news.....And here's why. Not sure if you've read any of my comments in other threads or not, but a hearing is just like a regular court trial. A judge can only consider what is presented at the hearing. At the end of the hearing, the judge decides which side has presented a preponderance of the evidence, or 51%. This is how a civil trial is done as well. The burden of proof is not like a criminal trial where it's beyond a reasonable doubt.
Thus, if the judge dismissed the Voc expert, that means this person didn't present anything. If nothing was presented, then the VE can't make any statements that you can do this or you can do that. A VE is present to give his/her professional opinion on what type of work one may do that they are trained and qualified for, given their medical condition.
For example, in my hearing, at the end, the judge looked over at the VE and said, "it doesn't appear to me that there is anyone who would be able to accommodate this person given their condition and all the meds. The VE sort of stumbled and stammered and then said "probably not." Well, my lawyer said afterwards that the judge asked a "leading" question to get the answer he wanted. And, once he got it, it closed my case because at that point, SS had basically agreed that I couldn't work.
Again, just my opinion, but it sounds to me like the judge stacked the deck for you, for whatever reason. Maybe it was because you're a vet, maybe it's because he reviewed it ahead of time and knew it was a close call, or maybe he just wanted to make sure you won. Who knows. And, I could be totally wrong. But, I've seen, read, and heard about a lot of disability cases and to me, this sounds like it could only help you.
Best of luck to you and I hope it all works out for you. Please let me know if I can help in any way.
Thank you, Ex, for the support.
Wow, I really need that right now. I felt good about everything
that happen doing the hearing. My lawyer said mostly what
you wrote. I guess I needed that 2nd opinion. And I pray that I get my
approval decision, soon. I get full service connected compensation and
unemployability benefits from the VA for my migraine and disorder
depression. SSD know about this when I filed my claims, but they denied
me because of my age. At the time of filing, I was 37. Here’s a direct
quote from the SSD denial letter. They wrote “We realize that your
condition keeps you from doing any of your past jobs. Based on your age
and education, you can do other work. If your condition get and precludes
work, call or visit any Social Security office about filing another application.”
I feel like it just a game to SSD. They know you are disabilities, but they acted
like the money is actually out of their pocket. (Just a little vented)
Thank you, again, for your support.
TJ
Thank you, Ex, for the support. Wow, I really need that right now. I felt good about everything that happen doing the hearing. My lawyer said mostly what you wrote. I guess I needed that 2nd opinion.
Glad to help. Just let me know if you ever have any questions, ok?
Quote:
Originally Posted by Tjunea
I get full service connected compensation and unemployability benefits from the VA for my migraine and disorderdepression. SSD know about this when I filed my claims, but they denied me because of my age. At the time of filing, I was 37.
Yes, you are correct. Younger people are huge payouts for SS, because in most cases, it's for life. Also, younger people are more like to recover at some point, or recover enough to work.
Quote:
Originally Posted by Tjunea
I feel like it just a game to SSD. They know you are disabilities, but they acted like the money is actually out of their pocket. (Just a little vented)
Unfortunately, this is the case. However, if you look at it from SS POV, they want to make darn sure the applicant is truly disabled....Lots of fraud in the system. Granted, in cases like yours, where you've already been disabled by a Gov't system, it should carry forward.
Just speculation on my part, but I wouldn't be a bit surprised if the judge wasn't thinking this as well and that's why he did what he did...In order to speed things along. If SS should help anyone, it should be a Vet.
Take care, and please let me know if I can help further.
Hi TJ, I had my hearing as well in Raleigh. My hearing didn't take long since I am physicially handicap. I had my hearing on March 17 and I received my decision on April 29.
__________________
RSD (Reflex Sympathetic Dystropy)
Cervical Dsytonia- severe muscle spasms in the neck
Arthritis
Ex,
I do have one question. At the time, I filed with SSD; my son was 16 years old. Of course now, he’s 18 years old and freshmen in college. Will he be eligible for the payback? Or are the benefits lost in the SSD system, because of his age, now? I do remembering the judge asking me about having children. I also read somewhere that once a child has reach 18 years old; they are no longer eligible to be on their parent’s SSD benefits. Please clarify this information to me.
Thanks,
TJ
Rayefaye
What year did your SSD hearing take place? Do you know if Raleigh is one of the cities in NC, which have a huge backlogged? Bradley said, he went to a hearing in Greensboro and the judge told him that he was 6 months behind on his cases?
TJ
Tjunea , The judge didn't say it would take 6 months.That was one of my attorneys assistants.A couple of weeks ago the assistant i normaly work with told me maybe 4 months.Everyone has a different answer for me.The judge did tell me he was backlogged and not to exspect a quick decision but not to think he forgot about me.Sometimes you wonder though.
Ex,
I do have one question. At the time, I filed with SSD; my son was 16 years old. Of course now, he’s 18 years old and freshmen in college. Will he be eligible for the payback? Or are the benefits lost in the SSD system, because of his age, now? I do remembering the judge asking me about having children. I also read somewhere that once a child has reach 18 years old; they are no longer eligible to be on their parent’s SSD benefits. Please clarify this information to me.
If you filed when he was 16 and it has been one continuous case, then yes he is eligible for back pay, just like you are. Once they are 18, they no longer receive money, but that's assuming everything is up and active.
For example, if a child is 14 when their parent applies, is granted disability when they are 16, they would get 2 years of back pay, and then monthly checks until 18....or 19 if still in HS and living at home.
Your (and his) back pay goes back to the date you filed.
SSD know about this when I filed my claims, but they denied me because of my age. At the time of filing, I was 37. Here’s a direct quote from the SSD denial letter. They wrote “We realize that your
condition keeps you from doing any of your past jobs. Based on your age
and education, you can do other work. If your condition get and precludes
work, call or visit any Social Security office about filing another application.”
I feel like it just a game to SSD. They know you are disabilities, but they acted like the money is actually out of their pocket. (Just a little vented)
Thank you, again, for your support.
TJ
You are right about the age. My atty. said you usually get denied twice if under 50. They don't want to pay you all those extra years. They figure you are young enough to find something else to do. I think it is discrimination. We have to jump through all these hoops because we are younger. I'm 44. I have to pay an atty. I had to wait almost three years. My medical evidence should have gotten me approved the first time. No matter what the age if you have proof of a disability you should get it. My hearing was yesterday so I am now waiting. My atty.says I got it. So we shall see. He said it will take about 3 weeks for a decision. Who knows. Our state was 14 months backlogged for court dates. Very slow. Good luck.
Hi and good luck with your hearing decision. I don't have children involved in my claim but I do believe it will hinge on the date SS deems you disabled as to whether your child will get backpay. They may go back that far, if not then he would not be eligible. I do think by what you stated that you have a good chance. I do hope you don't have to wait too long. It took about 4 months from the hearing for me to get a decision but once I did, the payments were immediate here. They went back almost 3 years on me.
You are right about the age. My atty. said you usually get denied twice if under 50. They don't want to pay you all those extra years. They figure you are young enough to find something else to do. I think it is discrimination. We have to jump through all these hoops because we are younger. I'm 44. I have to pay an atty. I had to wait almost three years. My medical evidence should have gotten me approved the first time.
Yes.....They figure that younger people will either recover or get frustrated and go back to work. And of course, younger people are much bigger payouts.
When I went to my hearing, it didn't last very long and the judge made a comment that my case should have been approved much earlier and that SS was wasting his and everyone else's time. This tells me that I was strung along for probably the reasons we discussed.
Hessie
My lawyer feels great about our chances, too. Yes, the age thing does get frustrate, especially when you show the proof of your disabilities. Now, the waiting game is here for the approval decision letter. I’m in the mind set that I waited almost 3 year, so 3 more months won’t hurt that most. But I pray that our approval letters come sooner.
TJ
Goldy
You guys have been great about the guidance and support that you offer to everyone going thru this extremely slow and frustrated process. I only wish that I joined sooner.
Thanks,
TJ
Hi TJ, sorry it took so long to get back to you. I file for my disability in Mar '04and I had my hearing in Mar '06 and I receive my decision on Apr 29, '06. After I denied twice and got a lawyer I was told then it would take anywhere from 16-18 months to get a hearing.
__________________
RSD (Reflex Sympathetic Dystropy)
Cervical Dsytonia- severe muscle spasms in the neck
Arthritis
Ex,
Thanks for answering my question. I do have a better understanding of everything, now. Yes, my SSD filing is one continuous case since June 07.
TJ
No problem....Glad to help. Anytime you need something, or have a question, just let me know. I think it's only a matter of time before this all comes to a successful end for you. You deserve it!
