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Old 11-06-2012, 11:54 AM   #1
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what do Ya'll think

I'm at the alj level right now.. my last denied was in June because of getting denied twice...... I finally got my darn lawyer to call me back today.. she said that the judge has it and is looking over it over seems and going to make a decision without me there, I said uh,, I said is that a good or bad thing, she said it's a very good thing,, that I want have to go in front of a judge, he's making the decision without me there which means it sounds pretty good, I hope she's right, I don't think I could handle another let down,,So now I don't know what quiet to think, should I Be happy. I'm like not sure, but I hope she's right

 
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Old 11-06-2012, 12:08 PM   #2
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Re: what do Ya'll think

Remember I've not heard nothing since June, other then getting me a lawyer

 
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Old 11-06-2012, 11:20 PM   #3
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Re: what do Ya'll think

Just because you have not heard anything since June is not a bid deal because there is no commiment that "disabilty" cases that are ruled on "Based on Records" is completed any sooner than a hearing is.

My brother had a very cut and dry case, but he was still denied on the original application and the reconsideration. He hired an attorney and after the attorney received all the records he decided that it would just as well be served "Based on Records". It still took a year, but he was approved based on records

So I can only speculate that your lawyer liked your records, comments from doctors or friends and family members, that to file "Based on Records" was the best way to go. Sometime lawyers knoe which judges will handle "Based on Records" and by this they know which disabilities that judge tends to favor.

There is nothing wrong with calling your lawyer every month if you want to. She might then turn aound and call SSA (ODAR) and ask about the status. Once you have a written contract with the lawyer do not take it upon yourself to call SSA (ODAR) on your own. That lawyer is your representative and will not give you any information and tell you to go through your lawyer. I made this mistake and had a phone call within 5 minutes from my lawyer telling me not to do that.

How long after your 2nd denial did you get your lawyer? Did you sign all the medical release documents and sign the paper for the attorney fees?


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Remember I've not heard nothing since June, other then getting me a lawyer

 
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Old 11-07-2012, 12:16 AM   #4
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Re: what do Ya'll think

It is always a good thing if they are trying to get a decision without you seeing the judge. Because at the hearing level, the judge can review your records and make an "On The Record" decision without you needing to go to a hearing. A judge can NEVER deny you without you having the opportunity to go to a hearing. It is your right to go to a hearing. So if they do make a decision BEFORE a hearing, (at this level) it will be an approval!! Because like I said, they can't deny you without you going to a hearing first. It doesn't mean though that just because the judge is reviewing it that you will automatically be approved, sometimes the judge still wants to go through with the hearing. But the fact that the judge is reviewing it is a good thing! And if they say a decision has been made and you haven't had a hearing yet you will know its an approval. Good luck to you and be sure to come back and keep us posted!!

 
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Old 11-07-2012, 04:14 PM   #5
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Re: what do Ya'll think

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Originally Posted by Whynowthis View Post
It is always a good thing if they are trying to get a decision without you seeing the judge. Because at the hearing level, the judge can review your records and make an "On The Record" decision without you needing to go to a hearing. A judge can NEVER deny you without you having the opportunity to go to a hearing. It is your right to go to a hearing. So if they do make a decision BEFORE a hearing, (at this level) it will be an approval!! Because like I said, they can't deny you without you going to a hearing first. It doesn't mean though that just because the judge is reviewing it that you will automatically be approved, sometimes the judge still wants to go through with the hearing. But the fact that the judge is reviewing it is a good thing! And if they say a decision has been made and you haven't had a hearing yet you will know its an approval. Good luck to you and be sure to come back and keep us posted!!
Otr are good that's how I won.

 
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Old 11-09-2012, 07:15 AM   #6
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Re: what do Ya'll think

Gosh I hope I don't have to go in front of a judge, I hate being around a lot of people, the lady I talk to sounded almost like I was approved but I don't want to get my hopes up just to be dashed, I started this in Dec so it will be a year next month, My Lawyer is a judge himself but not do to with disability. I think he's the one you go to for speeding tickets ect, that is why I picked him, Him being a judge-lawyer himself. So I'm at the waiting game and hoping god will see fit that I need this. because I can't work anymore, I just can't things have even got worse for me since I started this journey. I don't want to be let down, and with the lady that was on the phone saying he's looking over my case and making a decision without me makes me feel good but also makes me feel not so sure of things

 
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Old 11-15-2012, 02:13 PM   #7
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Re: what do Ya'll think

I Called again today, Because I'm confused on all this... they told me they received a letter From SS and it said that they were looking into my case and was making a on the record decision.. So I have know Idea how long it will take or what they are doing really, it's all Greek to me.. I'm just confused on it all.. I pray God, will let me hear or know something soon. or some how make me understand it all.. I hate feeling so dumb when it comes to this... I hate it bad.. thanks for everyone's help, I greatly Apprecate it...

 
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Old 11-19-2012, 07:51 AM   #8
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Re: what do Ya'll think

Still wanting on a letter call or whatever they do. I'm ready for this to be flat over. I hate the waiting game

 
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Old 11-20-2012, 09:40 AM   #9
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Re: what do Ya'll think

I'm totally upset, I called my lawyers office today because I was still not understanding and I read on the record decision.... I can never get a hold of my lawyer or his secretary, I called and talk to one of the ladies out front and ask about all this.. because I read that the on the record decision can be one of two..a letter sent by my lawyer or ssdi sends something to my lawyer all this time I thought it was ssdi that sent a letter no, the lady in front that I called. said they sent it to them.. which upsets me so bad because all this time I thought they sent it to my lawyer,, thats why I wish I could talk to his secretary to find out this stuff.. it sucks

 
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Old 11-20-2012, 10:20 AM   #10
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Re: what do Ya'll think

I don't know why I thought It was the ALJ judge that sent the on the record decision because if he was going to send that seems like he would have approved it, But it would help me lots if I can get someone at that office to talk to me and help me understand.. its furstarding

 
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Old 12-10-2012, 10:22 AM   #11
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Re: what do Ya'll think

I'm still waiting, I still can't get the secretary to call back, I'm really getting upset, over all this, the ladies out in front don't know whats going on.. I'm getting worse went to the dr friday and My sciatica nerve is bad I can't stand for 5 mins without being in a lot of pain,. I'm tired of feel so helpless..I wish sometimes I wasn't here, I'm in so much pain... gosh I hope one day It will get better

 
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Old 12-10-2012, 11:05 AM   #12
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Re: what do Ya'll think

Unfortunately, the only thing you can do is wait. The whole process takes a long time. The majority of people who DO get approved wait between 1 1/2 to 3 years, and have to see a judge before getting benefits. It took me a year and a half, and I saw a judge, and I very clearly met a listing. It's very common to last this long. So please don't feel discouraged. I know it's easy to get upset when you don't get answers. I too spent many days and nights upset because it was taking so long, no one was getting back to me, it all feels unfair. But just know you are not alone in this, and they aren't taking any longer with your case than most people. I know it's easy to feel like a personal slight, but it's not. Just hang in there, and maybe one day soon you will get a letter that says approved!! But if not, prepare yourself for a hearing because 99% of people at this stage DO have to go to one. They aren't as bad as they sound though, and your attorney will do most of the talking.
BUT you still might get approved without needing that and I'm hoping you will.

Good luck to you, and please keep us posted!!

 
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Old 12-18-2012, 03:43 PM   #13
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Re: what do Ya'll think

made an appointment to see my lawyer because they want return my calls, I'm very upset with them. their going to want my money if I get approved, last I heard again was I was OTRD ...... so called my local SS office today and they told me My case was still pending..... grrrr.... so tried of it

 
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Old 12-18-2012, 03:44 PM   #14
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Re: what do Ya'll think

made an appointment to see my lawyer because they want return my calls, I'm very upset with them. their going to want my money if I get approved, last I heard again was I was OTRD ...... so called my local SS office today and they told me My case was still pending..... grrrr.... so tired of it

 
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Old 12-18-2012, 08:20 PM   #15
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Re: what do Ya'll think

When is your appointment?? Let us know what they say!!

 
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