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Notice of unfavorable decision

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Old 06-09-2010, 06:47 AM   #1
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Notice of unfavorable decision

So I got my answer from my hearing....not what I was expecting at all.

This judges response is Unbelievable. He states a few times throughout this letter that he has given NO weight to the opinions of MY drs'. He is using only the opinions of the state drs that were given my medical history for review. I have never seen any of these doc's in person. The only doc I actual met with was a psch dr that they sent me to the first year I aplied for s.s. The best part...this doc states "she is not able to engage in any gainful employement" and the judge again says he gives no weight to his opinion b/c In saw him only once and he does not treat me!!!!! They are the ones that sent me to him FOR HIS OPINION!!! I am so completely frustrated and angry.

He also states that I am overweight and have made no attempt to lose weight and that is why I am having a lot of my symptoms....How can he dare make a comment as to weather I have been trying to get my weight undercontrol...he has NO ideas what I have tried!!! He must have no idea what Fibromyalgia is.

The voc expert at the trial was asked to give a few jobs I could do....he gave three which I could never do: garment sorter, housecleaner and assembler. I can't even clean my own house...OMG. Well my rep. turns to the voc. exp and asked given her level of fatigue and the amount of naps she takes during the day would she be able to perform these jobs? His answer "NO". This piece of information is completely omitted from the judges letter.

There is soo much more but this would be too long to write. Please tell me what you think. Is it just me or is this a horrible injustice? I am in horrible pain daily with a sickness that has ruined my life and now this. What is wrong with this soc. sec. system?

My case was sent to a review board and I get the opportunity to write a letter disagreeing with his findings. I have a rep. that is going to help me with this letter so I am hoping to get this stupidity overturned.

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Old 06-09-2010, 10:39 AM   #2
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Re: Notice of unfavorable decision

You are absolutely right it is an injustice. I'm sorry it turned out this way for you. My hearing is coming up this summer some time and I am so afraid the same thing will happen to me. You should appeal the decision. I know you are sick and tiered of the whole process, however sometimes we have to fight for what we DESERVE. Did you have a lawyer? Good Luck!

Old 06-09-2010, 11:13 AM   #3
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Re: Notice of unfavorable decision

I am sorry the judge did not rule in your favor. Is this the first time you have applied? I have heard from many that sometimes it takes 3 times before you are given a favorable ruling. Also, do you have an attorney? I would suggest that as that can make a difference. They usually don't take a fee unless they get a ruling in your favor.

Old 06-09-2010, 11:50 AM   #4
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Re: Notice of unfavorable decision

fibrofoggie......injustice is not a strong enough word. Get a good disability lawyer, they don't get paid unless you win. Seems like to me you got a ALJ that has some prejudice against people carrying a few extra pounds. That is not acceptable, your weight should have nothing to do with your fibro, shame on that judge. Don't give up, keep fighting.


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