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ok another crazy question :)

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Old 06-22-2009, 03:24 PM   #1
Join Date: Jun 2009
Location: Clinton township,Mi
Posts: 65
Remmers HB User
ok another crazy question :)

Since i am sitting here loosing my mind waiting for my hearing in 7 weeks, i was told 2 weeks ago that my file was sitting on the judges desk, and then last week i was given a date when i called to check on it. So here is my crazy question, My lawyer asked for a on the record decision, and that was 3 weeks ago. The judge has all my updated files, and a hand written letter from my dr stating that my conditions are getting worse. Do you think that the judge could rule on my case before the hearing date?

I have heard of people just getting there back pay in there account before they even went to a hearing or got a notice.

All I know is i am getting worse and i know i am going to have to have major back surgery and spine surgery just to stop from getting worse, not to take away the problems.

So i have all the time in the world to analyze every little option out there, so I m reaching here, trying to find something good to look forward too, since my wife and I are are loosing it

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Old 06-24-2009, 06:23 AM   #2
Join Date: Mar 2008
Location: Austin TX USA
Posts: 69
janielou75 HB Userjanielou75 HB User
Re: ok another crazy quetion:)

It's possible you could get an OTR decision but it is different for everyone.
It took months for them to approve my OTR and that was with me calling my lawyer all the time so they wouldn't put my file on the bottom of the pile.
Then again I was told to not push too much becuase that is exactly where the file will go.
I have heard of people getting it right away too.
It depends on their moods I guess too.
Sometimes when I would call they would be nice and sometimes they would be mean.
I guess no one never knows what to expect until it happens, but it will happen and don't give up and try not to worry too much.
As long as you have your records and a Dr. behind you, it will be fine.
I finally got mine and I didn't have a Dr. who would help me.
I did it all myself.
I am praying that it only takes a short while for you to get yours.

Old 06-24-2009, 06:27 AM   #3
Join Date: Mar 2008
Location: Austin TX USA
Posts: 69
janielou75 HB Userjanielou75 HB User
Re: ok another crazy question :)


Maybe you could call your lawyer again to see how things are going on your OTR decision.
It might take some of the stress off of you.
I know I called every week.
The lawyer said the judge didn't like to be bothered too often but they called every two weeks for me.
I wish you well

Old 06-24-2009, 07:22 AM   #4
Senior Veteran
Join Date: Mar 2007
Location: USA
Posts: 968
goldyfm HB Usergoldyfm HB Usergoldyfm HB User
Re: ok another crazy question :)

Could be the judge wants to take a look at you. I see you have children, so I am assuming you are somewhat younger than my 50's age. I know there is a chart on SSA website for criteria that they use for assigning disability based on age, education, skilled vs nonskilled employment history in addition to your health issues. Maybe that is why they want the hearing. Just my take on the subject.

Last edited by goldyfm; 06-24-2009 at 07:22 AM. Reason: additional thought

Old 06-24-2009, 07:50 PM   #5
Join Date: Jan 2008
Posts: 4,006
Executor HB UserExecutor HB UserExecutor HB UserExecutor HB UserExecutor HB UserExecutor HB User
Re: ok another crazy question :)

Originally Posted by Remmers View Post

Do you think that the judge could rule on my case before the hearing date?
I'd be surprised if something like this happened. Unless there is a very unique situation, SS follows the system and the reason there is a hearing stage is because one has been declined / rejected at the initial application and reconsideration stage(s). The hearing stage allows one to outline one's position face-to-face....A chance to really explain the intangibles & etc. ....Vs. just information in your application.

As one can imagine, simply putting the facts / situation down on paper doesn't always adequately present what's really going on. Thus, the "hearing" is a chance to verbally present one's case. Consequently, this is why the approval rate for the hearing stage is so high...Around 80%.

I have heard of people just getting there back pay in there account before they even went to a hearing or got a notice.
I think you may have this confused with those who get their check before their notice of award. I don't think I've ever heard of someone getting an award before the hearing happens.

The reason one sometimes gets a check before an award notice is that after the hearing, the judge writes up his decision and passes it off to those in SS administration....They officially type up the award and enter it into the system. The system then generates a form letter explaining everything....And the system also generates a check or direct deposit. Because both are generated at the same time, one may come a day or two before the other. Sometimes, they arrive together the same day.

I hope all this makes sense, and best of luck to you at your hearing. If you're by chance interested in what happens at the hearing, please see my post in the thread titled "Not sure how to feel", started by nPainnTN. Last post was on 3-25.....It's on page 4 now of the Disability Board.

Best of luck to you and please let me know if I can help any further.



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