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Old 11-10-2009, 11:20 AM   #1
Tjunea
Junior Member
(female)
 
Join Date: Oct 2009
Location: Henderson, NC, USA
Posts: 25
Unfavorable Decision

I just called my local SSA office, to get some kind of status on my hearing decision that was held last month on Oct 6. The customer service rep put me on hold for about 20 minutes. After 10 minutes, something didn’t feel right. She finally came back on the line, and she asked me if I had a lawyer. I told her, yes, and then she said good, because I see an unfavorable decision on your hearing. She told me to call my lawyer, so that I can appeal the decision. And that I should receive the letter in 4 to 5 days. So I don’t know why, I was denied until I get my letter. Wow, I totally in shocked, right now. Because my lawyer and I really thought we had won the case. I guess that's why the judge didn’t ask me any questions during the hearing. And why he told vocational expert, he didn’t need him to stay for the testimony part of the hearing. He had always made up his mind, before the hearing had started. So I will update, everyone, when I get my denial letter.
TJ
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Old 11-10-2009, 11:32 AM   #2
goldyfm
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Join Date: Mar 2007
Location: USA
Posts: 708
Re: Unfavorable Decision

So sorry for the setback. I do hope you can appeal your case and be successful. I know it is a long road, but do not give up!
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Old 11-10-2009, 12:23 PM   #3
Executor
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Join Date: Jan 2008
Posts: 3,930
Re: Unfavorable Decision

I'm very sorry to hear about this. Unfortunately, SS can be like a darn roller coaster and cases like this just add to the overall complexity of trying to understand that organization.

After I read this post of yours, I went back and read the original thread where you described what happened at the hearing. I would strongly agree that it sounded extremely positive....Especially about dismissing the VE. That was huge.

I would get with my lawyer and formulate a game plan. Is it possible some type of discrimination is involved....I hate to say it, but it does make me wonder. I'm no lawyer, but I would attack the VE thing. After all, if the VE testified that you couldn't do any jobs then that would help your case dramatically. You weren't allowed to use the full system to testify about your case. I call that some type of misconduct.

In your first post of your prior thread, you mention you are a DV or disabled vet. Do you get some type of financial payout from this? Just wondering if that could somehow be leveraged into the situation. And, since you are a Vet, I would certainly get my local congressman and state senator involved. After all, you served our country. The political figures can have a tremendous amt of leverage.

Please don't give up. You deserve this.

Take care and please let me know if I can help.

Regards,

Ex
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Old 11-10-2009, 01:30 PM   #4
Tjunea
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(female)
 
Join Date: Oct 2009
Location: Henderson, NC, USA
Posts: 25
Re: Unfavorable Decision

Ex
I just talk to my lawyer. She is out of town until Monday. She is flabbergasted and can’t believe I actually got an unfavorable decision. While talking with her on the phone, she almost wants to focus on the dismissal of the vocational expert in the beginning of the hearing. Yes, I do get 100% VA benefit. It is a significance amount that I received each month. Yes, maybe the judge thinks I don’t need any addition benefits. But he knows that it took 15 years of servicing my country, and getting injury while on active duty that qualified me for the VA benefits. I wasn’t giving 100% for the start; I had a longggggggg 6 years fight with VA to get my 100%. So this judge can’t throw anything at me that I can’t handle. The shock aura is gone, now I'm just mad. I will fight this to the bitter end.
TJ
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Old 11-10-2009, 05:11 PM   #5
duncan22
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Join Date: Sep 2008
Location: VA
Posts: 28
Re: Unfavorable Decision

I'm so sorry to hear that you got an unfavorable decision. Don't give up. Keep fighting. I will keep you in my prayers.
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