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Old 11-21-2011, 01:19 PM   #1
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Awarded partially favorable decision with onset date changed

I found out today that I was awarded a partially favorable decision and the judge decided to change my onset date to my birthday of this year, June 7, when I turned 50. I filed for SSDI in June of 2010 and listed April, 2010 as my onset date as this was when I had to resign from work due to my back issues. I will now not be getting any back pay and my attorney will also not be getting paid. Without getting into everything in the decision, the jist of it is before I was 50 years old, I was not disabled according to SSA rules and guidelines. He also said he gave no weight to my treating doctors, my pain specialist, medical source statement ... Interestingly, he is the doctor whom I have seen the most!! he gave more weight to the specialists I was sent to by my PM who I only saw once! I cannot understand this at all. I can only say that by turning 50 I won on the grid, otherwise he would not have approved me. My attorney is going to appeal. As a matter of fact, they were so annoyed, they completed the appeal today. I guess I should be happy I am at least approved and will get my monthly checks, unfortunately not until I guess January, 2012. My attorney assured me that if we appealed the onset date that it would not affect my monthly benefit, thank God. I can't help worry about messing that up by appealing the onset date. Can they reverse the judges partially favorable to denied? Oh dear Lord I thought I would be so happy once I got the decision letter and now I don't know how I feel. Thanks!

 
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Old 11-21-2011, 01:27 PM   #2
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Re: Awarded partially favorable decision with onset date changed

Sounds bittersweet for you , Dobie. On one hand you were approved on the other the judge change the onset date. I am not too surprised that your attorney will appeal the onset date , I do not understand how a judge could change that , and not take your medical records into consideration, only the specialists ... The decision was made and that is not going to be overturned jsut because of the appeal of onset date. Hopefully you will get that too. I think it is fairly common that the date is moved . That happened to me and I lost out on a years worth of backpay.

 
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Old 11-21-2011, 01:48 PM   #3
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Re: Awarded partially favorable decision with onset date changed

...congratulations DOBIE..WHEN DID U HAVE HEARING? WAS A VE THERE? HOW LONG WAS HEARING?

 
Old 11-21-2011, 02:14 PM   #4
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Re: Awarded partially favorable decision with onset date changed

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...congratulations DOBIE..WHEN DID U HAVE HEARING? WAS A VE THERE? HOW LONG WAS HEARING?
Thanks, bitter sweet though like Mscat said. I had my hearing on October 13 and the hearing lasted an hour. There was a VE there. My judge was brand new and I was one of his first cases, don't think that helped me at all. The judge asked me questions for 30 or 40 mins straight. I though I would lose my mind.

 
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Old 11-21-2011, 02:51 PM   #5
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Re: Awarded partially favorable decision with onset date changed

..I had mine Oct.13 too..it's at writters now...I had VE which wasn't asked to testify..hearing lasted about 20minutes..everyone saying I was approved ..I'd rather see it on paper..

 
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Old 11-21-2011, 02:55 PM   #6
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Re: Awarded partially favorable decision with onset date changed

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Can they reverse the judges partially favorable to denied?
Possibly but not likely. If I were in your shoes, I'd appeal the onset date also after reading what you wrote. Congrats on the partially favorable decision and I hope you win the EOD appeal.

 
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Old 11-21-2011, 03:36 PM   #7
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Re: Awarded partially favorable decision with onset date changed

Yes Yea you got approved Sorry aboout the onset date maybe the judge since he is new will change his mind when the lawyer does his thing.

 
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Old 11-21-2011, 04:05 PM   #8
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Re: Awarded partially favorable decision with onset date changed

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Originally Posted by mscat40 View Post
Sounds bittersweet for you , Dobie. On one hand you were approved on the other the judge change the onset date. I am not too surprised that your attorney will appeal the onset date , I do not understand how a judge could change that , and not take your medical records into consideration, only the specialists ... The decision was made and that is not going to be overturned jsut because of the appeal of onset date. Hopefully you will get that too. I think it is fairly common that the date is moved . That happened to me and I lost out on a years worth of backpay.
You are very right about bittersweet, it surely is. I am not even happy, I told my husband and he isnt happy either. I waited this long and I do not get what I am entitled to IMO. So unfair! Now that I look over the documents more closely, I have come upon two doctors reports from doctors I have never heard of? Could these be expert witness's for SSA? The judge did base one of his decisions on one of these doctors and I ws like, who?? I have to call mh attorney tomorrow and speak to her about this who 10 page document. I have a spent the last 2 hours marking it up with a highlighter indicating all the mistakes they made. We shall see. I should be happy to get my monthly benefits and stop being a brat but I am really annoyed. Tomorrow is another day. Thanks.

 
Old 11-21-2011, 04:26 PM   #9
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Re: Awarded partially favorable decision with onset date changed

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Originally Posted by BlueSkies14 View Post
Possibly but not likely. If I were in your shoes, I'd appeal the onset date also after reading what you wrote. Congrats on the partially favorable decision and I hope you win the EOD appeal.
Thanks Blue! You have no idea what I am going through right now. I am so irritated with this decision, the wrong doctors, the wrong dates, wrong information/diagnosis (the doctor that I DON'T KNOW, NEVER SAW) diagnosed me with an alcohol abuse issue??????? Really??? My face is so red and hot now just typing this. I have heard of these things happening with the wrong diagnoses and such in the letter, just didn't know I would be one of them. When I told my husband, he got so angry he now wants to sue the doctor who wrote false things about me. The doctor who never met me!!! Completely untrue and have no idea where they got that idea!! I guess with all of these errors, maybe I do have a fighting chance! Hopefully by tomorrow I will be in a much better mood.....

 
Old 11-21-2011, 04:36 PM   #10
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Re: Awarded partially favorable decision with onset date changed

I wonder if he was looking at the wrong file sometimes that happens seems like I read that some where where that actually happen I hope your lawyer wins the appeal for you so you can get the right onset date. I'm so sorry this happen to you . I'm sure it seems like your in the twilight zone (for those old enought to know what that means.) but in all sincerey I'm truely sorry.

 
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