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  • Anyone here ever had 2 ALJ hearings?

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    Old 01-07-2010, 11:09 AM   #1
    sickofpain2's Avatar
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    Anyone here ever had 2 ALJ hearings?

    My 2nd hearing is set for later this month. 1st hearing (April 08) was appealed and sent back to ALJ from Appeals Council. At least I have a different judge. What is your experience with this 2nd hearing?

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    Old 01-08-2010, 07:56 AM   #2
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    Re: Anyone here ever had 2 ALJ hearings?

    I've not had a second hearing, but I've read about those who have. Getting sent back down is SS's way of slapping the prior judge on the hand and saying he messed up without saying so. Hopefully, the second judge will be much more accommodating.

    As far as I know, the second hearing is identical to the first....Same structure and etc. Do you have a lawyer? Also, I would recommend stressing your meds and their effects. When a judge examines a case for disability, it's not about the "condition" per se, as much as it's about "what prevents this person from working"?

    For example, a person can have cancer, which is a horrible disease. However, many people are able to work through it or following Cancer. So, saying one has cancer may or may not be an approved reason. However, if one had say a chronic back condition, and took a lot of meds....And the meds made them loopy, sleepy, couldn't sleep consistently, brought on depression or anxiety, then all of this may very well prevent someone from working. That's the issue. The better the case you or your atty can present in terms of "why" you can't work, the better the chances are for you to win.

    Not sure if you've seen it or not, but I highly recommend the thread "Not sure how to feel." Here is the link:

    It's a good thread from the standpoint that it goes into depth re: the hearing and etc.

    I cite the meds because they are very important from a side effect standpoint. Also, most companies won't hire someone who they knowingly take narcotics. In fact, many won't even let you on their property. When my company nurse found out I was taking pain meds, it was like I was radioactive....She flipped out and basically barred me from company vehicles, company business, or any type of travel. I could work from my home office and that was it. But, working from home would only permit one from doing about 30-40% of the job that was required, so it was only a temporary fix.

    I'd be glad to answer any questions that you may have.....Just let me know.



    Old 01-08-2010, 08:26 AM   #3
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    Re: Anyone here ever had 2 ALJ hearings?

    My case was remanded back to Appeals council from the Federal Court Level, I think back in October 2009, last week I learned from my Attorney, on December 2,2009, it was received at the Appeacils council and its being reviewed. I had my first ALJ hearing in 2008, should be having a second ALJ hearing soon.
    I will let you all know what happened.
    Good Luck to you!


    Old 01-08-2010, 10:21 AM   #4
    sickofpain2's Avatar
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    Re: Anyone here ever had 2 ALJ hearings?

    Thanks Ex for the link. Yes, I do have an attorney. Yes, medication side affects are a huge issue for me.
    I have had so many kinds of med's pushed on me that I finally had to stop! (think of the death of Brittany Murphey--she had some of the same meds that I have been prescribed over the years--scary stuff.) I take pain medications, muscles relaxers, valium nightly, and xanax when anxiety gets bad. The anti-depression med's (celexa, effexor xr, cymbalta, paxil) have been tried over the course of 9 years or so, but caused some really bad side affects. Getting off of these kinds of med's was terrible. They affected my vision, bowels, sleeping, sweats, just to name a few.

    At least the med's I take now only make loopy, sleepy, ect. I think xanax is starting to make me sick at my stomach and triggers migraines. Not sure what I am gonna do if this continues--is the only med that really calms me down when anxiety comes a knockin'. BUT, causes loopiness and makes my memory much worse if taken too much. Amnesia of sorts is what Pdoc said. I do not drink so I can not even rely on switching it all to a glass of wine.

    Sbella, I got the letter from Appeals council Jan 09 saying the case was being remanded back to ALJ. I got the letter for 2nd hearing Nov 12, 2009. My first hearing was April 08 (I think) and appeal was sent in around June 08. I hope your wait is not that long. It is utterly frustrating and all I can offer at this point is to have patience. There is nothing you can do to speed things up.
    I will keep you all posted. One thing that I do know about appeals process is that is it rare that cases are remanded back. 1-2% is what I have heard from others and attorney. So, that is something in our favor.

    Old 08-31-2010, 08:13 AM   #5
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    Re: Anyone here ever had 2 ALJ hearings?

    DId you have your second hearing yet, mine is coming up and needed info please
    thx, Diane

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