Filed June, 2010
Denied December, 2010
Appealed January, 2011 (no reconsideration in my state of PA)
Hearing October 13, 2011
Received Partially Favorable Decision November 17 (no backpay because judge changed onset date to the date of my 50th birthday, 6/7/11
Received first monthly payment January 11, 2012
Appealed Partially Favorable Decision January, 2012
(will keep everyone updated on my appeal of the partially favorable decision since there is not a lot of information out there about this topic)
The Following User Says Thank You to Dobie For This Useful Post: BlueSkies14 (01-12-2012)
Filed June, 2010
Denied December, 2010
Appealed January, 2011 (no reconsideration in my state of PA)
Hearing October 13, 2011
Received Partially Favorable Decision November 17 (no backpay because judge changed onset date to the date of my 50th birthday, 6/7/11
Received first monthly payment January 11, 2012
Appealed Partially Favorable Decision January, 2012
(will keep everyone updated on my appeal of the partially favorable decision since there is not a lot of information out there about this topic)
Thanks Dobie...nice to see you again.
The Following User Says Thank You to BlueSkies14 For This Useful Post: Dobie (01-13-2012)
Filed June, 2010
Denied December, 2010
Appealed January, 2011 (no reconsideration in my state of PA)
Hearing October 13, 2011
Received Partially Favorable Decision November 17 (no backpay because judge changed onset date to the date of my 50th birthday, 6/7/11
Received first monthly payment January 11, 2012
Appealed Partially Favorable Decision January, 2012
(will keep everyone updated on my appeal of the partially favorable decision since there is not a lot of information out there about this topic)
Dobie-
Did the Judge say why he changed your onset date? Thanks
Thanks Blueskies. I have been licking my wounds so to speak and doing some research on my own about appealing the partially favorable decision. As you know, I have decided to go forward mostly because of his errors but also because of the way he found me disabled; "meeting a Grid Rule with my age". Because of that, and I do not agree with that, I think the chances of the AC overturning the judges ruling to denied are extremely small. That was my biggest concern, obviously. Now we have to prove that I did meet a listing, 3 actually, and he missed many records of my treating doctor, maybe because is was listed wrong on the exhibit list (it stated that I saw my treating doctor 2 times in 2009, obviously this is wrong nd could be the reason he made this decision. I will keep everyone updated as this could be useful information for someone else contemplating appealing the partial. The fact that I got absolutely no backpay and my attorney did not get paid was also a huge contributing factor since I truly believe I deserve all of it and will fight it out to the end.
The following 2 users give hugs of support to: Dobie Jacki345 (01-13-2012), jgrangran (01-13-2012)
The Following 2 Users Say Thank You to Dobie For This Useful Post: BlueSkies14 (01-13-2012), Jacki345 (01-13-2012)
Did the Judge say why he changed your onset date? Thanks
Hi Stepmum. The Decision letter is complex as you know, but the crux of it is he did not believe I met a listing but did find me disabled under a Grid Rule when I turned 50 which was June of 2011, consequently, no backpay and had to wait until this month to see any money (monthly payment just received on the 11th of January) and my hearing was October 13, 2011. I have 100s of pages of medical records. The exhibit list had a typo for my treating physician whom I have seen since 2009, they listed 2 visits in 2009 which is obviously a huge mistake and the Judge said in his decision that he gave my doctor little weight which I could not understand until I found the mistake. I will add, that he gave alot of weight to the doctors who I saw once for a second opinion and SS doctors whom have NEVER even met!! There were 102 pages from my pain specialist, that he never looked at, obviously. We shall see with the appeal.
Hi Dobie, what lstings do you meet? Hopefully your attorney had it outlined how you specifically met each provision of each listing. If not, then it may be easy to appeal by just doin that??? Good luck and keep us posted.
The Following User Says Thank You to NElady For This Useful Post: Dobie (01-13-2012)
Thanks Blueskies. I have been licking my wounds so to speak and doing some research on my own about appealing the partially favorable decision. As you know, I have decided to go forward mostly because of his errors but also because of the way he found me disabled; "meeting a Grid Rule with my age". Because of that, and I do not agree with that, I think the chances of the AC overturning the judges ruling to denied are extremely small. That was my biggest concern, obviously. Now we have to prove that I did meet a listing, 3 actually, and he missed many records of my treating doctor, maybe because is was listed wrong on the exhibit list (it stated that I saw my treating doctor 2 times in 2009, obviously this is wrong nd could be the reason he made this decision. I will keep everyone updated as this could be useful information for someone else contemplating appealing the partial. The fact that I got absolutely no backpay and my attorney did not get paid was also a huge contributing factor since I truly believe I deserve all of it and will fight it out to the end.
Yeah, I recall when you 1st posted about this. I would have done the same thing you are doing now. Good luck..please come back and update.
The Following User Says Thank You to BlueSkies14 For This Useful Post: Dobie (01-13-2012)
I had put my timeline in my signature, 1-coz I couldn't remember it exactly; 2 I didn't want to pull my file out when I was asked.. so here it is:
Left work 8/09
Orig filed 3/10 (foolishly waited before I filed-thought I had to wait 6months)
1st denial & 1st appeal 7/10-hired atty same day
2nd denial 12/10 &2nd appeal/req hearing 12/10
VSU (visual screening unit) picked case 5/11 & VSU passed 6/11 *(b'coz atty didn't updt my medical records with SSA since 12/10, this after he had me running around getting RFCs filled out like an idiot, then he sits on them & everything else)
-About July 2011 got my US Sen involved (which is how I found out that atty hadn't sent SSA my updt'd records when my case was pulled by the VSU) Oh, yeah, I also discover atty is too busy with foreclosures these days. *sigh* A new facet to his firm since I hired him.
ALJ hearing sched for Feb 14th-1 month away. tic-toc-tic-toc
Note in the letter from the ALJ they named my judge. I checked his record out.. His approval rate is only 40%.
So I'm a month away literally. Talk about anxiety! I really need to get drunk.. I mean really tie one on. but I have acid reflux and drinking don't agree with me. LOL.. If it wasn't for my bad luck, I'd have no luck at all.
The following 2 users give hugs of support to: Jacki345 Dobie (01-13-2012), pme (01-13-2012)
The Following User Says Thank You to Jacki345 For This Useful Post: BlueSkies14 (01-13-2012)
So I'm a month away literally. Talk about anxiety! I really need to get drunk.. I mean really tie one on. but I have acid reflux and drinking don't agree with me. LOL.. If it wasn't for my bad luck, I'd have no luck at all.
LMAO Jacki...you have a kickass sense of humor. I like that.
The Following User Says Thank You to BlueSkies14 For This Useful Post: Jacki345 (01-21-2012)
hearing july 09..bench rule favorable,pending last report for dr.
received decision letter oct 09...DENIED...last report from dr agreed with fcr,but the alj didnt read the restrictions that went along with the report. my dr also said he should have done a better job of writing the report when i told him of the outcome. dr told me when next time he will write a report that ray charles will be able to see that i was unable to work..lol..
filed appeal with appeal council..nov 09
appeal council reply nov 10...we will not review your case
filed new claim dec 10
denied march 11
filed for hearing march 11
hearing august 12..fully favorable..moved onset date to oct 09,1 day after the 1st hearing date.
received decision letter 3 days later
received backpay 3 weeks after hearing..sept 12
received award letter 1 week after backpay sept 12
signed daughter up the day i received backpay..sept 12
received my medicare card in the yesterday been approved since april of 12
daughters back pay showed up in her acct this morning..
we both are due to receive our monthly benefit check on the 4th wednesday of the month,beginning in oct 12.
i have been busy trying to get award letters copied and sent out to my pension dept.,and paying everyone back. now i am waiting on LTD co. to let me know how much i have to pay them back. but i am almost stress free,lol..will be fine as soon as my pension starts coming in. oh,i have to get with a cpa and get the tax xtuff figured out on all of this..way too much for me to try and figure..
Received pain questionnaire from state and returned - late August 2012
First payment made via direct deposit - Sept. 26, 2012
Award letter received - October 2, 2012
Review date of 5 to 7 years, as improvement is not likely. I just turned 56, in case you're wondering.
I feel unbelievably fortunate, with such a quick approval, knowing that so many others waited years and are still waiting. I have a number of specialists I see on a regular basis, they have a lot of documentation including X-rays and MRIs, and I've had 2 major surgeries and 4 hospitalizations this year. if you are still waiting, please keep the faith. If at all possible, continue to see your doctors on a regular basis. Best of luck to everyone.
The following user gives a hug of support to achyFL: Whynowthis (10-02-2012)
Received pain questionnaire from state and returned - late August 2012
First payment made via direct deposit - Sept. 26, 2012
Award letter received - October 2, 2012
Review date of 5 to 7 years, as improvement is not likely. I just turned 56, in case you're wondering.
I feel unbelievably fortunate, with such a quick approval, knowing that so many others waited years and are still waiting. I have a number of specialists I see on a regular basis, they have a lot of documentation including X-rays and MRIs, and I've had 2 major surgeries and 4 hospitalizations this year. if you are still waiting, please keep the faith. If at all possible, continue to see your doctors on a regular basis. Best of luck to everyone.
I'm so happy you got such a quick approval! You must have had a very, very strong case!! With 4 hospitalizations this year it sounds like your disability is definitely severe!!
The Following User Says Thank You to Whynowthis For This Useful Post: achyFL (10-03-2012)
