Anyone Denied at ALJ Level?

Discussion in 'Fibromyalgia Main Forum' started by BlueSky555, Jul 7, 2008.

  1. BlueSky555

    BlueSky555 New Member

    I'm just curious to know if anyone has been denied at the ALJ Hearing level. I know that I have been seeing many of you being approved. I haven't had a hearing yet but just curious.

    Thank you all and God Bless You.

  2. pattyholland

    pattyholland New Member

    Yes I was wondering that myself.

    My hearing date is july 10...When is yours or was yours?

    I was also wondering if they tax your money that you get backpay for or even the monthly check that you get?
    thanks Patty
  3. ziasss

    ziasss New Member

    It took 8 months of waiting til I found out...

    I'd been dx with fibro by my primary care doctor about 2 weeks before the hearing. I initially applied with COPD. I'd called my attorney and told him this...but he didn't bother to get those records and submit them.

    So, at the hearing when the judge is asking what I can and can't do, it looked like I was lying too! The denial said that I didn't have the medical proof to substanciate what I said.

    After that denial, my attorney appealed that decision, it was denied that whoever look into it any further.

    The attorney said I could appeal that decision too, but that I would need to find a different attorney and that its usually not successful. that I should apply again.

    Which I did on my own, no attorney. I won that time, and the curious thing to me was that SSa put my starting date as the DAY after the judge had denied me, which was 2 months before I had reapplied!

    It told me that they didn't agree with his decision. But I didn't get any back pay this way it took 2 years from the initial application til I got any money...

  4. BlueSky555

    BlueSky555 New Member

    wow, patty; you day is sooooo close. Sorry I was late getting back. I haven't been on my computer since yesterday. I wish you the best and hope you will get a favorable decision. It's so scarry; mine is at the end of the month; I'm scared also.

    Wildflowers, I'm so sorry that you were denied. I've heard that some of those judges are tough. How in the world did she just ignore most of your paperwork from the doctors? Did you file for FM/CFS and/or something else? Also, did you appeal? I'm just curious to know what I will need to do if I'm denied. I do hope you appealed.

    Ziasss, do you mean that you didn't hear from your attorney for 8 months? Surely your attorney knew. You really went through a difficult time with that attorney; then filed and won youself. It's so unheard of and why would that attorney not take you case again? Either way, I'm happy that you won on your own.

    Thank you ALL for your responses. I hope to hear some good results from patty and wildflowers.

  5. marti_zavala

    marti_zavala Member

    I did not go all the way to a hearing but I wanted to wish both of you all the best and that the hearing is in your favor and that you don't crash from the stress of it.

    I did not get taxed on my backpay nor did my son (minor dependent). I do not pay taxes on my monthly amt.

    I believe taxes kick in when the income is over $25,000. LIke a spouse is in the home and is a wage earner.

    Not certain. But I don't pay taxes - just medicare.

  6. mjwarchol

    mjwarchol New Member

    You do have to pay taxes on the backpay if the money puts you into a tax bracket that you would owe. My husband works, so my back pay will be subject to tax.

    They don't take the taxes out, so you have to have your accountant figure it out. Also, the monthly checks have no taxes taken out either. So you have to do some planning as you will owe at the end of the year.

    My accountant told me to let her know the amount of my backpay check, and she was able to figure out what I will owe to Fed & State so I can be prepared.

    M J
  7. marti_zavala

    marti_zavala Member

    doesn't it seem wrong that you would have to pay taxes?

    It is penalizing married folks.

    It just doesn't make sense to me. Your disability money is because you can't work. So they give you money that you paid in and you have to give some of it back. It is reducing your benefits.

    Sorry, it just seems wrong.

  8. BlueSky555

    BlueSky555 New Member

    Hi wildflowers2,

    May I ask, what other medical issues do you have? And, didn't you have notes from other doctors? I know you said that the alj looked at one form.

    Also, are you saying that the alj will deny you again? Did you ask your attorney if you could appeal that alj hearing and and hopefully, get another judge?

    I'm so sorry that you are having so much trouble and also bad that you have lost 2 years, or 1 1/2 years of backpay.

    I wish you all the luck in filing again, or whatever you can do.

  9. wildflowers2

    wildflowers2 New Member

    here is a warm fuzzy for you....ALJ's can be sent from site to site. and send them anywhere.

    No, Mine was in Elkins PArk.

    Attorney was from Lansdale
  10. Hootie1

    Hootie1 New Member

    I was talking with my attorney and he said that last month he received an OTR fully favorable for one of his clients at Harrisburg, PA.

    I wonder if that will make it harder for me to get an OTR. I dread so much having to go to the hearing!! I don't want to talk to anyone or see anyone in reference to my illness- I just want to stay in the house and not be bothered. Just approved the darn thing, right?

    You must be so angry! I am angry for you that you were denied. It also doesn't make sense that depression is better for approval- I just don't get it! Although, I have been and am extremely depressed.
  11. ziasss

    ziasss New Member

    The whole system just sucks!!!When you do file for a 2nd time, and are approved, you lose any back pay money. This just seems wrong to me!

    I forget who asked, but yes I waited 8 months to find out that I'd been denied. About a month before that, I called the Social Security 800 phone number, That guy was very nice and told me that it had been too long, and he'd see what the holdup could be.

    I figure when he did that, the ALJ got pissed and denied me! There were so many mistakes in the written denial. My attorney filed the papers to appeal that but told me there really wasn't much hope...So, I refiled myself and got it.

    I'd been a self=employed hairstylist for years. Not the whole 35 years that I worked, but long enough that I didn't get all the income taxes paid. So between what I owed and penalties, interest...the original $5000 was now $35,000! So, the IRS decided they would levy my SSDI checks! Now I'm working with this company that files all the stuff so you can just pay a little.

    I guess in the long run, its a good thing I didn't get any back pay or the IRS would have wanted all of that too!

    Sorry, just got a huge rant in there...but that's why I say the whole thing sucks!

  12. wildflowers2

    wildflowers2 New Member

    on the record is difficult to do. so we wait for the hearing.

    good luck

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