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ALJ hearing #2 tomorrow...

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Old 01-20-2010, 07:23 PM   #1
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ALJ hearing #2 tomorrow...

Not sure how I am feeling; anxious, creeping panic attack, and tired. I am wore out from the long wait...July 2005 I filed with onset of April 2004. Denied all the way--even at 1st ALJ hearing, Appealed, case was remanded back to judge (thankfully--I get a different judge tomorrow.
I know everyone here says to hang in there, but I am just so fed up with this disgraceful process, I am not sure I will do tomorrow. I think I will have to xanax up to stay calm.

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Old 01-20-2010, 08:23 PM   #2
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Re: ALJ hearing #2 tomorrow...

Best of luck! Keep us posted!


Old 01-20-2010, 09:18 PM   #3
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Re: ALJ hearing #2 tomorrow...

Yes, best of luck. Everything happens for a reason and I thnk you will do well. You've done all the preparation you can do at this point. Just sick to the facts and it should work out. In these hearings, there are two main factors to remember:
  • These hearings are just like regular trials...The Judge makes a decision based on evidence submitted at the hearing. The vocational expert is there to give a professional opinion on what the applicant can or can't do. If the VE doesn't attend for some reason, or doesn't have any recommendations, then that means his/her opinion can't be considered, and it's usually great news for the applicant. Normally, the VE will bring up nominal type options / jobs and it's up to the atty (or you if you don't have one) to rebut. VEs will recommend jobs like security work (or something very similar) and etc. where one gets to sit in a booth & doesn't require much activity.
  • Judges look at one main thing....What about your condition prevents you from being employed?.....NOT necessarily the condition itself. Many incorrectly think they have to have a certain condition in order to be approved. It's about what disqualifies you from working. For example, if you take meds that make you disoriented, or loopy, or to where you have to lie down and take naps....Those are the types of things that employers can't tolerate. Accordingly, pain meds is one of the best factors to argue for all the obvious reasons. Most companies won't even let you on their property while under the influence of narcotics, much less work and represent the company in some fashion.

    Mental issues typically have higher approval rates because the "effects" that accompany them are often game changers and companies just can't accommodate them. For example, with disorders such as depression, bipolar and etc., people can get easily agitated, become very argumentative, may have trouble getting a long with others, are very emotional, and etc....Again, employers can't normally tolerate these type of things and one would be disqualified from most jobs.

Hope this helps and best of luck to you.

Please let us know how it goes. Stay strong!



Old 01-21-2010, 05:43 AM   #4
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Re: ALJ hearing #2 tomorrow...

Thanks for the replies. Ex, I take pain med's, muscle relaxers, xanax when needed, and a few others. ALL make me drugged, sleepy, and loopy--I won't drive when I am medicated. I also have mixed bi-polar as well as fibromyaliga. I have other issues that are less disabling, but they are there none the less. The bi-polar thing is my biggest concern--like you said, being irritable and saying things that maybe I should not say is a biggy for me--I have LOW tolerance for fake pleasantries as well as dealing with others on a continuing basis--I'd rather be left alone, thank you. I am more depressive (major depressive disorder for years) and when I am exposed to stresses, well that brings on a wealth of other issues--it's like I have not control over what I am doing sometimes.
Thanks for the posts and I will be back this evening to tell you guys about the hearing.

Old 01-21-2010, 09:13 AM   #5
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Re: ALJ hearing #2 tomorrow...

I hope things go well for you .

Old 01-21-2010, 12:35 PM   #6
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Re: ALJ hearing #2 tomorrow...

The hearing went excellent! The ALJ awarded me on the spot; onset July 2005.
I am in shock. I am gonna start a new thread on this.

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