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Old 10-19-2012, 07:15 PM   #1
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Smile New here i need help with ssdi hearing

I had my hearing Monday Oct 15th.The judge was very nice.It was my lawyer,myself VE,judge and court Reporter,It was my first hearing.I applied 1/2011.My questions are..what does it mean when the ALJ ask my Lawyer to amend my onset date.My lawyer told me to agree on record The Judge established it for 9/25/201..the last day I worked.the VE said there were jobs I could do..2 of them the the hypotheical questions the judge asked the VE about 4 Hypo question which were all NO.Then my lawyer asked 1 hypothetical and VE said NO so 5 NO's I broke down when the VE said this.Judge asked if I had animals,I had worked in 2010 2 jobs at 3 months each but quit do to pain..Judge asked me about that then ALJ said it wss failed work attemps..Well I sit here and I don't know how to read the judge..been 5 days have heard nothing..HAS ANYONE ELSE HAD THE ALJ ASK YOUR LAWYER TO CHANGE ONSET DATE..AND WHY AT THE HEARING LEVEL?????PLEASE TELL ME WHAT U THINK.........Thanks My first day to the group!!!!

 
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Old 10-20-2012, 10:18 PM   #2
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Re: New here i need help with ssdi hearing

If they amend the claim to an earlier date, then SSDI can begin earlier. If you did 6 mo of work and they moved the date later than the date you originally claimed, then SSDI starts at a later date. So if you filed with DOD 2/4/11 then 5 mo waiting period is March, April, May, June and July and SSDI begins August 2011. If the date is amended to 5/6/11 then the waiting period is June, July, Aug, Sept and Oct with SSDI beginning Nov 2011.

If the VE says "here are 3 specific jobs this person. Can do" and the judge then says "can that be done with no extended sitting?" VE: "no". Judge: "can job suggestion #2 be accommodates so this person can____?" VE "no". Then the judge is challenging thee VE and "no" responses mean the VE is saying "no judge, it can't be done that way". The VE doesn't review the file much before the day of the hearing, unfortunately it's designed that way (probably because many hearings get canceled).

So from what you said it sounds promising. Did your attorney tell you how long until he/she expects decision? I was set up for a hearing beginning of 2012 and was called 3 days before and told I was approved upon judges review of pending hearings. I've never been in the hearing process.
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Last edited by Administrator; 10-22-2012 at 07:16 AM.

 
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Old 10-20-2012, 11:12 PM   #3
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Re: New here i need help with ssdi hearing

Hi

When my hearing was over my lawyer said it did great and didn't need him..He had a client waiting when my hearing was over.He also said to amend the onset date and it would be quicker..not sure what that means..Judge was very kind.I got my self so worked up the few weeks before And actually it was fine..So I know it can take 30-60 for any written decision I was asking questions to see if amend on set to establish meant good things 4 me.I am not going to worry about it I hope to get approve But it's in god's hands..If u know anyone who won there Hearing for any MDI can u see if the judge asked them to amend onset date..then they were approved..ty

 
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Old 10-21-2012, 07:25 AM   #4
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Re: New here i need help with ssdi hearing

Quicker likely means "we filed with the____ date, but judge thinks it's__,__date. If we accept the judges date the decision is quick since we're agreeing with the judge. If not, we have your fight further to keep our date".

What date did you file with and what is the amended date?

Start a file folder at home and keep every SS letter! Everything you send/filed and everything you received. You have to be your own advocate. Seek to understand all the information coming your way. After approved your contact with the lawyer is done and you have to be sure all dealings with SS are taken care of in the future.
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Rt&Lt thumb arthroplasty 2012 ; RT TKR & Bilat CTS 2011
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C5-C7 foraminotomy 08

 
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Old 10-21-2012, 10:11 AM   #5
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Re: New here i need help with ssdi hearing

Hi thanks for responding
My AOD when I applied was 07/2008
at my hearing Judge asked to amend to 9/25/2010 last date I worked
So the judge actually amended it to 5 months before I first applied I applied in 1/2011
because judge said at hearing I had 2 pt failed work attempts in 2010
so just waiting on decision

Last edited by fibrowendy; 10-21-2012 at 10:13 AM.

 
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Old 10-21-2012, 10:14 AM   #6
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Re: New here i need help with ssdi hearing

What does QUICKER MEAN..Hard to understand language between ALJ and Lawyer LOL

 
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Old 10-30-2012, 10:36 AM   #7
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Re: New here i need help with ssdi hearing

I'm responding here instead of the other thread so we aren't "hijacking" the other thread.

But, I also have fibro along with many other conditions. My other conditions are blue book listings and should have been approved before even going to a hearing. So because of that, and because my attorney said my judge was one who didn't "believe" in fibro, he wouldn't even bring up my fibro at the hearing. Isn't that crazy that some judges have a preconceived notion about fibro? In fact, a lot of people in general do. But I do know its real. I feel it when I wake up every morning.

The fact you had a rheumatologist diagnose you is great, and will hold up in court much, much more than if just your GP diagnosed you. So you have that going for you too.

Well good luck, and be sure to come and post your results!!

 
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Old 10-30-2012, 11:19 PM   #8
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Re: New here i need help with ssdi hearing

WHYNOWTHIS

I am still waiting for a decision form ALJ/It has been 15 days now.Attorney hasen't called either.This waiting is making my fibro really flare up.I hope to hear something soon.We used the new SSA guideline for fibro too
Well wish everyone luck..and prayers My ALJ has a 72% approval rate..I hope he includes me it;s been along 3 years!!!

 
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Old 11-04-2012, 09:20 PM   #9
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Re: New here i need help with ssdi hearing

They ask me to change mine because it covered part of the time I was on unemployment. If it is more than 12 months prior to your hearing it is not going to effect your SSDI back pay anyway as it is capped at 12 months. What it will effect is your date that you become eligible for Medicare.

It could effect your SSI payments if you filed for SSI too?




Quote:
Originally Posted by fibrowendy View Post
I had my hearing Monday Oct 15th.The judge was very nice.It was my lawyer,myself VE,judge and court Reporter,It was my first hearing.I applied 1/2011.My questions are..what does it mean when the ALJ ask my Lawyer to amend my onset date.My lawyer told me to agree on record The Judge established it for 9/25/201..the last day I worked.the VE said there were jobs I could do..2 of them the the hypotheical questions the judge asked the VE about 4 Hypo question which were all NO.Then my lawyer asked 1 hypothetical and VE said NO so 5 NO's I broke down when the VE said this.Judge asked if I had animals,I had worked in 2010 2 jobs at 3 months each but quit do to pain..Judge asked me about that then ALJ said it wss failed work attemps..Well I sit here and I don't know how to read the judge..been 5 days have heard nothing..HAS ANYONE ELSE HAD THE ALJ ASK YOUR LAWYER TO CHANGE ONSET DATE..AND WHY AT THE HEARING LEVEL?????PLEASE TELL ME WHAT U THINK.........Thanks My first day to the group!!!!

 
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Old 11-17-2012, 08:34 AM   #10
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Re: New here i need help with ssdi hearing

@fibrowendy, have you received a decision yet??? Still crossing my fingers for you, but haven't heard much from you in a bit. If you haven't heard anything yet, I'm hoping you will really soon!!!

 
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Old 01-10-2013, 02:39 PM   #11
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Re: New here i need help with ssdi hearing

Hello, I had my hearing on October 15, 2012. and lawyer called me last week on January 3, 2013 to ask me to amend my onset date to October 2011 that the alj asked for this. So I did. What now???

 
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Old 01-10-2013, 03:16 PM   #12
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Re: New here i need help with ssdi hearing

Lizzy this is a complex question. We'd need to know:

When did you last work?
What date did you claim you were first disabled?
What were the reasons/diagnoses you stated limited you from working?
When did you first apply for SSDI?
When were you first denied?
When did you apply for reconsideration (appeal)?
Wen was that decision rendered?
How old are you?
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Rt&Lt thumb arthroplasty 2012 ; RT TKR & Bilat CTS 2011
Fusions: L5-S1 (87), L4-S1 (93), C5-C7 ('06), L3-S1 ('10)
C5-C7 foraminotomy 08

 
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Old 01-10-2013, 03:16 PM   #13
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Re: New here i need help with ssdi hearing

Lizzy this is a complex question. We'd need to know:

When did you last work?
What date did you claim you were first disabled?
What were the reasons/diagnoses you stated limited you from working?
When did you first apply for SSDI?
When were you first denied?
When did you apply for reconsideration (appeal)?
Wen was that decision rendered?
How old are you?
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Rt&Lt thumb arthroplasty 2012 ; RT TKR & Bilat CTS 2011
Fusions: L5-S1 (87), L4-S1 (93), C5-C7 ('06), L3-S1 ('10)
C5-C7 foraminotomy 08

 
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Old 01-10-2013, 03:33 PM   #14
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Re: New here i need help with ssdi hearing

Last day I worked was 01/03/2009.
I claimed I was disabled on 01/03/2009
Severe Asthma, COPD, Sciatica, depression, pstd, anxiety, herniated/bulging disc lower spine, arthritis.
Applied 01/09/09
Denied 12/2010
appealed again, denied 12/01/2011
appealed on 12/10/2011, had hearing on Oct. 15, 2012 and lawyer called me on Jan. 3, 2013 to say judge wants me to amend decision to Oct. 2011. I said yes.
DLI is 03/31/2011.

What do you think now?

 
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Old 01-10-2013, 04:45 PM   #15
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Re: New here i need help with ssdi hearing

Wow. Then that's a HUGE date change.

*DLI of 03/31/2011 can be an issue if you agreed you weren't disabled until after that date (Oct 2011).
*However, part of the agreement to move the Date of Onset to Oct 2011 may have included agreement that you reserved your right to SSDI since you did apply and go through the 3 stages (application then reconsideration then request for hearing) which all began before DLI passed. This is a KEY question for your attorney.

Hopefully the attorney clarified that:
*Date of Onset 01/2009 results in 5 full mo waiting period for SSDI of Feb, Mar, April, May and June of 2009 with SSDI beginning JULY 2009, Medicare eligibility July 2011.
*Date of Onset 10/2011 results in 5 full mo waiting period for SSDI of Oct, Nov, Dec 2011, Jan & Feb 2012 with SSDI beginning FEB 2012, Medicare eligibility Feb 2014.

If the attorney was asked by the Judge to consider changing to that date, you may likely be approved. The Judge is not seeing any medical records to substantiate you were disabled from working until the date of onset

By agreeing to amend the date of onset you loose the back pay from July 2009 through Jan 2012 (31 months of back pay you are now not eligible to receive). Since you applied in 01/2009 and had you been approved retro to 2009 you would have been eligible for all that back pay. So it's imporant to find out what was key to the change. It may be justified, you may have left work and then slowly began to see doctors and finally get to good diagnosis and treatment. If this took a while to get all the medical built as evidence that may be the reason.
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Rt&Lt thumb arthroplasty 2012 ; RT TKR & Bilat CTS 2011
Fusions: L5-S1 (87), L4-S1 (93), C5-C7 ('06), L3-S1 ('10)
C5-C7 foraminotomy 08

 
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