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Old 04-11-2012, 04:46 PM   #1
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Talking Fully Favorable Bench Decision ALJ Hearing Today!


I had my ALJ Hearing today and recieved a fully favorable bench decision. The Judge is known for his roughness. I was told that he hardly ever gives out bench decisions like that. He was very nice to me but still managed to make me cry.lol

I just wanted to let who ever is out there that no matter what you are told or anticipate you never know what will happen.

You have to fight for what you know deep down that you deserve.

I was so anxious and doubtful but look what happened!

It is a double edged sword though on one hand I am relieved and feel validated that someone else has reviewed my medical records and can sympothese with me on the other hand it means I really am disabled and my whole life is about to change.

The only questions the judge really asked me was who lived in the home with me, how far I could walk, how long I could sit, if I could bend my neck without any pain. During the conversation about my past work I mentioned not being able to do fostercare and more and started tearing up and lost it. I don't know what he was thinking at that point. When he asked if I thought I could work again I told him I wanted to but right now I would not be able to. He asked what I would do wth the insurance I explained the need for additional test and epidurals to try to get better and that is when he stopped me at that point and rendered his decision. whewwwww.

So to all thank you for your support and advise. I hope this post helps someone that is waiting for their turn with the ALJ.
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C5-C6 tear/buldge
C6-C7 ACDF
T1 - T5 neuroforaminal, lesions, facet arthropathy
Disectomy L5/S1
Anxiety
PTSD
Chronic Pain

 
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Old 04-11-2012, 04:55 PM   #2
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Re: Fully Favorable Bench Decision ALJ Hearing Today!

what the hell kind of question is 'who lives with you, in your home' i don't get why they ask that.

 
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Old 04-11-2012, 05:09 PM   #3
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Re: Fully Favorable Bench Decision ALJ Hearing Today!

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Originally Posted by BradinCA View Post
what the hell kind of question is 'who lives with you, in your home' i don't get why they ask that.
I didnt get it either but my atty said it was to see if you have help at home and if u are able to take care of yourself. In my case I had my 24yr old daughter and two grandchildren move back home to help me since we have an 11 and 13 yr old at home and my hubby works. I am not sure why it matters but in this case I think it helped me who knows.

But I dont know why it would matter as long as you are surviving.....
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C5-C6 tear/buldge
C6-C7 ACDF
T1 - T5 neuroforaminal, lesions, facet arthropathy
Disectomy L5/S1
Anxiety
PTSD
Chronic Pain

 
Old 04-11-2012, 05:25 PM   #4
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Re: Fully Favorable Bench Decision ALJ Hearing Today!

Wonderful news! Congrats sandiemas!

Brad, I was also asked the same thing - who lives in my home with me. I was also asked if I had any pets.

 
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Old 04-11-2012, 05:57 PM   #5
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Re: Fully Favorable Bench Decision ALJ Hearing Today!

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Originally Posted by gayle4102 View Post
Wonderful news! Congrats sandiemas!

Brad, I was also asked the same thing - who lives in my home with me. I was also asked if I had any pets.
I wonder why "Pets"?

So now I have a question.... What's next? How long does it take to get the medical in place after getting a bench decision like that? Anyone know?
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Sandy


C5-C6 tear/buldge
C6-C7 ACDF
T1 - T5 neuroforaminal, lesions, facet arthropathy
Disectomy L5/S1
Anxiety
PTSD
Chronic Pain

 
Old 04-11-2012, 06:17 PM   #6
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Re: Fully Favorable Bench Decision ALJ Hearing Today!

Congrats on your fully favorable!!!
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Jan. 2009 - Filed
April 2009 – 1st Denial
June 2009 – Appealed
August 2009 – 2nd Denial
September 2009 –2nd appeal
July 2010 - Hearing notice
December 2010 – ALJ Hearing
Denied
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Old 04-11-2012, 06:54 PM   #7
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Re: Fully Favorable Bench Decision ALJ Hearing Today!

Huge congrats. sandiemas. Thanks for coming back and sharing the good news. I am really happy for you.

 
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Old 04-11-2012, 07:38 PM   #8
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Re: Fully Favorable Bench Decision ALJ Hearing Today!

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Originally Posted by BradinCA View Post
what the hell kind of question is 'who lives with you, in your home' i don't get why they ask that.
They asked me what my living situation was, and who I lived with, then actually asked if I date or have a significant other. I thought that was odd. I guess disabled people can't date. Lol. Odd question I thought!! You just never know what they are going to ask!!!

 
Old 04-11-2012, 08:22 PM   #9
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Re: Fully Favorable Bench Decision ALJ Hearing Today!

Quote:
Originally Posted by NElady View Post
They asked me what my living situation was, and who I lived with, then actually asked if I date or have a significant other. I thought that was odd. I guess disabled people can't date. Lol. Odd question I thought!! You just never know what they are going to ask!!!
That's weird what the heck does dating have to do with being disabled? was it a male or female judge? Maybe he/she was curious. lol

Yes, NELady you never know what they will ask.
__________________
Sandy


C5-C6 tear/buldge
C6-C7 ACDF
T1 - T5 neuroforaminal, lesions, facet arthropathy
Disectomy L5/S1
Anxiety
PTSD
Chronic Pain

 
Old 04-11-2012, 08:24 PM   #10
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Re: Fully Favorable Bench Decision ALJ Hearing Today!

It was a female. I think maybe she thinks if you can date, you can work. Who knows?? I thought several questions were weird, but whatever works!! It all worked out in the end, that's all that counts!!

 
Old 04-12-2012, 04:38 AM   #11
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Re: Fully Favorable Bench Decision ALJ Hearing Today!

Quote:
Originally Posted by sandiemas View Post

I had my ALJ Hearing today and recieved a fully favorable bench decision. The Judge is known for his roughness. I was told that he hardly ever gives out bench decisions like that. He was very nice to me but still managed to make me cry.lol

I just wanted to let who ever is out there that no matter what you are told or anticipate you never know what will happen.

You have to fight for what you know deep down that you deserve.

I was so anxious and doubtful but look what happened!

It is a double edged sword though on one hand I am relieved and feel validated that someone else has reviewed my medical records and can sympothese with me on the other hand it means I really am disabled and my whole life is about to change.

The only questions the judge really asked me was who lived in the home with me, how far I could walk, how long I could sit, if I could bend my neck without any pain. During the conversation about my past work I mentioned not being able to do fostercare and more and started tearing up and lost it. I don't know what he was thinking at that point. When he asked if I thought I could work again I told him I wanted to but right now I would not be able to. He asked what I would do wth the insurance I explained the need for additional test and epidurals to try to get better and that is when he stopped me at that point and rendered his decision. whewwwww.

So to all thank you for your support and advise. I hope this post helps someone that is waiting for their turn with the ALJ.
Congrats Again sandiema

The anxiety filled long wait is now over,and everything(award letter,back-pay,monthly checks,Medicare if/when eligible,etc) should start rolling along at a much faster/smoother pace.

GL,
Ferd

 
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Old 04-12-2012, 09:54 AM   #12
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Re: Fully Favorable Bench Decision ALJ Hearing Today!

Quote:
Originally Posted by sandiemas View Post
I wonder why "Pets"?
My guess is that it would be used against you, when you say you can't work. If you say you have a dog .... then they say you can work in a kennel. If you say you have a goldfish, they will say you can work in the fish dept. at Wal Mart.

I have had dogs all my life. My elderly Great Dane died right before I became disabled, so I was not able to get another dog. I think if I had owned a dog when I went to my hearing, it would have been used against me.

Last edited by gayle428; 04-12-2012 at 09:58 AM.

 
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Old 04-12-2012, 10:11 AM   #13
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Re: Fully Favorable Bench Decision ALJ Hearing Today!

Congratulations on your fully favorable bench decision!!

 
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Old 04-12-2012, 04:41 PM   #14
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Re: Fully Favorable Bench Decision ALJ Hearing Today!

Question sandiemas? How long in total would you say your hearing lasted?

 
Old 04-12-2012, 08:04 PM   #15
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Re: Fully Favorable Bench Decision ALJ Hearing Today!

Quote:
Originally Posted by BlueSkies14 View Post
Question sandiemas? How long in total would you say your hearing lasted?
it seemed like it lasted for ever. weed we did the opening statements the swearing in went over all my doctor information the documents that were entered into evidence. that all seemed to take about 20 to 25 minutes. then the judge ask me a series of questions, my date of birth my disability my former employers what I did for a living, how my condition interfered with my job, then he went over some of the doctor statements that were in the records and ask my opinion on some of the comments the doctor said made. then he asked what I would do with a medical insurance and how I felt I could help myself get better. that is when I lost it and started crying. he was kind of hard on me when he asked why I stopped paying my insurance premiums I know I was told not to say that the financial let the hardship for me but it just came out anyway. that's when he stopped me and gave me the fully favorable decision. after all the legal talk into mic recording on the record statements total time was about 40 minutes. but it seemed so much longer. I was able to stand up and sit down and stand up and sit down as needed to be comfortable that helped a lot.
__________________
Sandy


C5-C6 tear/buldge
C6-C7 ACDF
T1 - T5 neuroforaminal, lesions, facet arthropathy
Disectomy L5/S1
Anxiety
PTSD
Chronic Pain

 
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