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Delo 12-06-2012 11:59 AM

ALJ hearing
 
i have been out of work since Sep 2010. My Dr took me out of work and I had what would have been considered Severe Major Depression. I have subsequently been diagnosed as Bipolar, ADHD and errosive osteoarthritis for which I am on medication for all. I had an ALJ hearing the other day and the vocational expert said there were 3 jobs I could still do. That was working in a hospital laundry, an order picker in a distrubution warehouse and a housekeeper. My medical records clearly notates I cannot do any of this work. .I testified that my focus is a major concern where I sometimes cannot get behind the wheel of a car. My lawyer argued the disabilities I have are paralyzing and that I would have to call in several times a month if I was working and that would exclude me form gaining any type of gainful employment. My right hand is crippled with arthritis where I cannot grip anything, open bottles, close my fist or lift anything over 8 lbs. You can see the nodules on my fingers where the disability is obvious. My question is .....If the VE said i can still do work (even though my lawyer argued this) do I still have a chance of getting a favorable decision? Has this happened to you?

Whynowthis 12-06-2012 10:20 PM

Re: ALJ hearing
 
Yes, it happened to me. The VE said several jobs I could do. At that point my mind blanked out and I pretty much stopped listening to what the VE said. But after everything she said my attorney argued it and said with my restrictions and limitations I had to lay down or recline for 6 hours out of an 8 hour work day, so could I do those jobs with that restriction, and she said no. And I did win my case! I think it's quite common for them to list jobs, and if your attorney is good they will be able to argue why you cannot do those jobs. Sounds like your attorney did a good job with that.
Good luck to ya!!!

Delo 12-08-2012 09:25 PM

Re: ALJ hearing
 
Wow! That really makes me feel a lot better. I just keep going back and try to remember what was said but I can't. My lawyer said it was a good sign that the judge asked him what his theory was. He said judges never ask that. I will be 50 in January 2014 so everything changes for me then (for the good because it is that cutoff where Im not lumped in with 18 yr olds). I guess I will just leave it in God's hands and if I get it that is great if not I will have to figure something out soon. Thanks for your help. I appreciate it.

Whynowthis 12-08-2012 09:30 PM

Re: ALJ hearing
 
Well I think it sounds pretty good then! And I'm crossing my fingers for ya!! Come back and let me know how it goes for you!! Good luck!

red65 12-16-2012 03:05 PM

Re: ALJ hearing
 
The VE at my hearing came up with three jobs that in his estimation I could do. He listed them and then the judge asked him if I could still to these jobs if I was unable to sit or stand for a certain amount of time, if I was able to take multiple breaks due to swelling and fluid pill dependence, prop my legs up or recline if they started to swell badly (which they do daily), if I was to miss multiple days per month due to chronic migraines and had trouble staying on task or retaining what I was saying if interrupted. The VE said no to all of those and the judge then asked if there were ANY jobs in the national economy that I could do with those limitations and once again the answer was NO. Still waiting for my decision but seems to have gone well according to my rep and the many people I interact with on message boards such as this one.

Hope this helps some.

Whynowthis 12-16-2012 11:21 PM

Re: ALJ hearing
 
Sounds pretty positive to me!! My fingers are crossed for ya!! Let me know when you find out!! Good luck!!!!

Delo 01-01-2013 07:57 PM

Re: ALJ hearing
 
I got it! my onset date goes back to Sep 2010 but of course you know about the 6 month waiting period. I get my first check 9 Jan and then my back pay comes I believe sometimes after my attorney gets paid. This is definitely a load off of my mind. I had a good feeling about it because I went in there and was honest. No theatrics and my testimony was crediable. I also had all the facts lined up in front of her. I thought it was odd the ALJ discounted all of the states doctors opionions. Im just glad its over. Thanks for your help! You eased alot of my worries.

Whynowthis 01-02-2013 06:49 AM

Re: ALJ hearing
 
Congrats!!!!!! I'm so happy for you!! I know it has to be such a relief!!!

Delo 01-07-2013 12:11 PM

Re: ALJ hearing
 
Have you heard anything yet? Mine was fully favorable. I just stayed positive and knew it really wasnt in my hands at all. I went there and told the truth but more than that the last 2 yrs of my records tell a story that couldnt be ignored. Trust me I would much rather be making $70k than $18K but also knew I couldn't go back to work. I knew it would work out the way it needed to

Whynowthis 01-08-2013 07:08 AM

Re: ALJ hearing
 
This must be for @Red65. Did you win your case?? I won mine last year around this time. It was such a relief!! I too was just 100% honest, with no theatrics or drama. The ALJ showed no emotion the whole time so I didn't know what she was thinking but I just told the truth, and the truth prevailed!!

red65 01-08-2013 10:37 PM

Re: ALJ hearing
 
[QUOTE=Whynowthis;5113961]This must be for @Red65. Did you win your case?? I won mine last year around this time. It was such a relief!! I too was just 100% honest, with no theatrics or drama. The ALJ showed no emotion the whole time so I didn't know what she was thinking but I just told the truth, and the truth prevailed!![/QUOTE]

Hi there!

Congratulations on your win, I am SO happy for you! Looks like it is winners all the way around. I got my Fully Favorable letter on December 31 (good way to send off 2012 LOL!) and I got my back pay in the mail on Sat, Jan 5. Still haven't gotten the award letter but otherwise, I'm good to go.

Thank you for asking and thank you for sharing your good news too!


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