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unknown57 03-04-2011 03:39 PM

Vocational Expert testimony
 
Has anyone had the SSA's Vocational Expert testify they couldn't work at their ALJ hearing and still been denied?

The one at mine testified that I couldn't do my past work for safety reasons. He said that companies wouldn't hire me because I am a safety risk (frequent Complex Partial Seizures) and that I was required by law to tell them before hand of my condition. He said they wouldn't hire me but would lie about the reason to cover up that they were discriminating against me. He also said that if I was hired that I would be fired for missing work and needing breaks when sick. My laywer was excited afterwards and said the hearing was good and that the VE gave good testimony for me. But it has been 6 months and the SSA, the hearings office and my lawyer all just say the judge still hasn't made a decision. Everyone I know who was approved got a decision quickly. So I don't know what is going to happen but every case I have seen where the VE said the person couldn't work was approved.

Thanks for any help.

gayle428 03-04-2011 03:47 PM

Re: Vocational Expert testimony
 
Hate to say this, but yes, it happend to me. At my hearing the vocational expert said there was no work I could do, but the judge still denied me. I had to file a second case, and won my second case at the reconsideration level, so I didn't have to go before a judge again.

I hope you get good news soon!

unknown57 03-04-2011 04:28 PM

Re: Vocational Expert testimony
 
[QUOTE=gayle4102;4699062]Hate to say this, but yes, it happend to me. At my hearing the vocational expert said there was no work I could do, but the judge still denied me. I had to file a second case, and won my second case at the reconsideration level, so I didn't have to go before a judge again.

I hope you get good news soon![/QUOTE]

Thanks.

Glad you finally won.

Did the judge still list jobs for you in your decision letter?
What did the judge say about the VE's testimony in the letter?

gayle428 03-04-2011 05:44 PM

Re: Vocational Expert testimony
 
In the letter from the judge, he said I was a fake, and could do any type of office work. He was mean and nasty throughout the hearing, and was downright cruel to me in the letter (guess he was having a bad day). I got the denial letter three months after the hearing.

unknown57 03-04-2011 06:21 PM

Re: Vocational Expert testimony
 
[QUOTE=gayle4102;4699146]In the letter from the judge, he said I was a fake, and could do any type of office work. He was mean and nasty throughout the hearing, and was downright cruel to me in the letter (guess he was having a bad day). I got the denial letter three months after the hearing.[/QUOTE]

I got denied my first time by a judge who didn't like me. I had a couple of small instants from drinking over like a 5 year period and he said that I was lying about the frequency of my seizures and that the drinking likely had more impact on my life than the seizures. He made me out to be an alcoholic when I drank only like 10 times a year. Just because he was being smart about it I should have added alcoholism to my problems too even though I wasn't. My lawyer dropped me after an appeal to the AC so I dropped it and went back to work and got fired after 2 months because they were worried about me getting hurt while walking around during my seizures.

mscat40 03-04-2011 06:49 PM

Re: Vocational Expert testimony
 
I am curious, During this time with the judge and everybody, did any of them mention that the seizures could be controlled by medication? I once did see a child's disability claim get denied because of this, so was wondering if they ever brought it up?
i had a coworker years ago who had grand mal seizures. She worked full time with children. The only thing that she was not allowed to do was drive. She had a baby, and after that she had a bad seizure at work. we had to get all the little chldren outside in the play yard, because all the ambulance, fire trucks came. We did not want to frightend the children.
She went back to work a few days later. I think it vary's though with having a seizure disorder, yours may be more frequent , and not able to be controlled with meds.

BB07 03-04-2011 07:03 PM

Re: Vocational Expert testimony
 
what medical evidence did you have to support your claim?

unknown57 03-04-2011 07:19 PM

Re: Vocational Expert testimony
 
[QUOTE=mscat40;4699181]I am curious, During this time with the judge and everybody, did any of them mention that the seizures could be controlled by medication? I once did see a child's disability claim get denied because of this, so was wondering if they ever brought it up?
i had a coworker years ago who had grand mal seizures. She worked full time with children. The only thing that she was not allowed to do was drive. She had a baby, and after that she had a bad seizure at work. we had to get all the little chldren outside in the play yard, because all the ambulance, fire trucks came. We did not want to frightend the children.
She went back to work a few days later. I think it vary's though with having a seizure disorder, yours may be more frequent , and not able to be controlled with meds.[/QUOTE]

It was an issue with my first claim because I had no way of going to the doctor for get meds. Which you have to do with seizures disorders to show the meds don't help. I started having them when I was 6 months old and treated for them my whole life but none of the meds I was put on helped. They only caused other problems like damaging my eye sight. I got a driver's license when I was 18 but when they started getting worse I quit driving so I wouldn't kill someone and haven't drove once in over 6 years.
This time I have been going to a clinic and on meds for over a year prior to my hearing. The SSA says you must be on meds for atleast 3 months prior. This time they had my records so it was never brought up. Mine is not so much an issue with what I can do but more an issue with companies firing me because I have them because I walk around when blacked out. I submitted a letter I got from the last company who fired me before I filed the first time, saying they flat out fired me because of my condition. I would rather the government give me a job I could get to and from that I wouldn't be fired from because the seizures than to give me a check.

unknown57 03-04-2011 07:29 PM

Re: Vocational Expert testimony
 
[QUOTE=BB07;4699196]what medical evidence did you have to support your claim?[/QUOTE]

I received most of my treatment while I was young on my parents insurance but they only hold records for so long and didn't have them. I had 2 ER visits where I had bad ones where I went into convulsions. I had records from 2 other doctors I had been to since then where they gave me medicine to help cope with having them because the seizure meds were too expensive. One said I had anxiety problems and the other told me I was depressed. Then I had the records from the clinic which wasn't present at the hearing. They were sent a week after. I am not sure what else was in there but based on the records (minus my clinic records) the ME said the he recommended a job with seizure restriction. Their doctor claimed I was depressed too which I don't understand and that I have seizures.

I just have a feel that even though the hearing went well that the judge will deny me for some reason. Like maybe saying that my seizure don't happen as much as they do. I kept a seizure calender for the past 4 years of the ones where I blackout and was told to start tracking the smaller ones I have everyday that just make me feel strange but don't always turn into the bad ones. I writedown their intensity and types everyday. I take a copy of my calender of the ones I blackout to my doctor everytime I go. And gave the ALJ my calender.

I am almost certain that my whole case hinges on if I have enough evidence to support the frequency of the seizures. I can't tell if I do or not. Maybe the letter where they fired me because them will help a little to show they are frequent effort to cause work problems.


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