DENIED BY ALJ

Discussion in 'Fibromyalgia Main Forum' started by Kay2, Jun 26, 2003.

  1. Kay2

    Kay2 New Member

    Well after a long wait to hear about my hearing I got my denial notice tday. I had written here in June after my hearing, that I didn't feel that it went very good. I was sooo right. I didn't like my attorney neither. He made me more nervous then the judge did.Tomorrow I will call my ick! attorneys office to see what we do next. I wish I could find a new one but I dont know if I can at this late in the GAME!!!! Does anyone know, if it is ok to do that? What ever you say on your forms be VERY careful. Dont say you can even balance your check book neither. I need to go over EVERY little note that was in my med records. Everything was so screwed up I cant believe it. Stupid a-- attorney didn't do s---! I could go on and on but I need to let it go for now, because it isn't going to do me ANY good to get anymore upset. I just need to do all the foot work myself and TRY not to stress. Good luck to all applying.
  2. KDBBEV

    KDBBEV New Member

    I also am waiting on my reconsideration.. But there are several sites that has lawyers on them that can answer your disability/ssi questions. Just type in your search engine disability, ssi, discussion lists, and see what comes up.Good luck!
    [This Message was Edited on 06/26/2003]
  3. Nortmama

    Nortmama New Member

    I recently had my hearing,the worst thing I have ever had to do. I agree about attorneys,first one I saw had an office here and in another city, he didn't even know that the judges came here, he said we would have to go 300 miles for the hearing, second attorneys I had to pay $395 up front and wait for hours in their office. They didn't even go over my file till about 10 min. before the hearing. They say I won, but till I have that paper in my hands nothing is certain. You sure got your answer fast, mine was Jun9 and they say it will be about 3 or 4 months before I hear.If you are lucky enough to live where you can find another attorney, I see no harm in it.I noticed that the majority of cases in my area are for carpal tunnel, and that 95% of the applicants speak no English.Did you have a psycologist report? Those can sometimes be a real Plus.Good Luck!
  4. Cindy

    Cindy New Member

    Kay2-

    Oh my goodness, can I ever relate to you! I just recieved my denial from the blankity blank ALJ, and I am also with you on the attorney...Heck I think I could have done it by myself...I have decided though that I will stick with this same attorney, unless we get another denial, then I will be searching for a new one!

    I have never in my life had such a hard time, as when I was before that so called ALJ, he made me sooo mad, frustrated, needless to say I cried, and when I cry, I can no longer try to communicate or for that matter think. I told him, that I hoped he was happy, that he was confusing the hell out of me, and now I couldnt think to save my own ass!! OOpppss sorry for the bad word. I get mad just thinking about it. But hopefully next time, I will have a different judge,please GOD hear my prayers, and this one wont make me all frustrated! By the way, does anyone know, when you appeal, at the reconsideration stage, do you have to go in front of the same ALJ?

    With much love, and understanding
    Cindy
  5. joannie1

    joannie1 New Member

    I have walked in your shoes and know exactly what your going through, especially with a worthless attorney. However yes you can change attorney's. You have hired them, he did not hire you. You need to do a little bit of research and I know that you will have to ask the SS Disability office for permission to do so. However I beleive if you can find an attorney to see you on a free counseltation and discuss this with them it would be your best bet. He will then advise you of what he thinks whether proceeding onwards or just re-applying all over would be wise. Your next stage is to have the appeals counsel review the case and see if they will not overturn the judges decision. You have 60 days to do so so if you can see another attorney for their opinion on it that will help you with your decision of what to do. They will then if you decide to change send in the letter to the disability office themselves for you. I wish you much luck and know what your going through. I had 3 out of 4 of their Doctors' at the office review my claim and state they felt I was disabled. And the judge still denied my claim due to crap in med records. I have since re-applied losing back pay since 2000!! However I did discover that you are able to put in a complaint with the Cheif adminstrative law judge and I did this. I want that decision reversed and I want compensated from clear back when this all began and i am going to fight like crazy to see it is done. I am right now on my second time of re-applying at the reconsideration phase and I have my ducks in order. They denied my claim the first time BUT also admitted that I have a depressive disorder and chronic pain disorders. So, I am just praying things will come around for me this time. You have to really hit them hard and have everything you can think of together as supportive evidence on this. It is a very tough system but dealing with this DD we are too, don't forget that okay.

    To the one post here I have to say that I do not understand why you were made to pay any lawyer anything for representation. When it comes to SS Disability they only are to be paid if you are approved. I would find out why your attorneys office made you pay money upfront. I don't believe they can do that.

    Cindy, yes, after your denied at the reconsideration stage it is in front of a ALJ.

    Good luck and keep us posted on everything okay.
    Take care,
    Joannie

  6. elaine_p

    elaine_p New Member

    Kay, you can change attorneys, but many won't take it at this point.

    Your attorney will probably appeal the decision, and hopefully those guys will reverse the ALJ's decision. And if *that's* denied, hopefully you live in an area where the Circuit Court doesn't usually rubber-stamp the lower court's decisions (I do, so we didn't appeal the appeal).

    The stage where you're at, the ALJ hearing appeal, it goes to an "A" judge. If the A judge wants to reverse the ALJ judge, it goes on to a "B" judge (this is the way my lawyer explained it to me). If they both agree, the decision is reversed and you're approved! If they don't both agree or if the A judge doesn't want to reverse the decision, it is upheld and you can appeal that with the Federal Circuit Court....
  7. Kay2

    Kay2 New Member

    ALL so VERY much for all the info. I have called and left a message with the attorneys office. Will keep you all updated. I know I have got a longggg road ahead of me AGAIN! lOVE TO ALL LINDA
  8. Cindy

    Cindy New Member

    Kay2-

    Sorry to keep butting in on your post, but I think that we are both in the same boat here! We have gotten some good, replies, thanks ladies!

    joanie I have already been in front of that blankity blank judge, what my question was, and I think it was answered in another post, was, when my attorney appeals again, will I go back before a judge, and will it be the same judge? But I think what I am understanding is, that my case will go to another judge(judge B) and he will make a decision, is this right?
    And as far as my attorney goes I have another appt with him, in a couple of weeks, to go over the results, and see where we go from here...please send me TONS of prayers, as I am again on the LOOOOONNNGGGGGG road to get through to these people exactly what a day, week, month in my life is like!

    Thank you again for your replies, and GOOD LUCK Kay2 with your ongoing case!

    With much love,
    Cindy
  9. bubblegum

    bubblegum New Member

    Oh Linda I am so sorry to hear this!! You should confront that idiot of an attorney you had!! If he still shows no remorse or doesn't appear to give a hoot, then fire him! You might be better off without one than to have one who doesn't do his job. As you know I still don't have an attorney. I will probably be doing the hearing thing on my own. Don't give up....there are 2 more stages of appeal. You've gone this far....you may as well take it all the way.
    Ciao 4 Now
    Sandy
  10. Kay2

    Kay2 New Member

    No need to to be sorry for butting in. Were ALL in this together. What kind of letter did you write to the other judge? You can write me at home if you want my addy is under my bio. This judge even got doctors confused about who did what test. Wrong doctors!!! This is all bad timeing for me. I have got a ton of company coming out this week.As SOON as they all leave I will be right on it. Take care. Linda
  11. tulip922s

    tulip922s New Member

    If your lawyer gets paid only if you do,,,,they I'd fire his @ss. You need someone who is REALLY working for you.

    I thought my lawyer was great and credit him along with good medical documentation for my approval.

    Don't give up,,,,get a GOOD lawyer and fight it all the way. Best of luck and please keep us posted on how you are doing. Tulip
  12. elaine_p

    elaine_p New Member

    An appeal of the ALJ hearing is all done on paper. The forms, etc., are sent to wheverever it is they're sent to, then the "A" judge reviews whatever it is they review. If they want to uphold the denial, that's it. If they want to reverse the denial, they pass the stuff on to the "B" judge.

    If the appeal is denied and you appeal at the Federal Circuit Court level, I have no idea if you have to appear before a judge again. (Like I said, apparently here they usually rubber stamp the lower court's decisions so it was pointless to try an appeal.)
  13. allhart

    allhart New Member

    it makes you wonder how these people can sleep at night knowing what they are doing to others,
    they have jobs that can make a diifrence in peoples lifes and most of the time the chose to use there job to add to peoples suffering,
    if these people would just take the time to READ the medical records and think how they would feel if it was them then most of the dissions would be favorable,
    ill try and email you sometime today,my kids havent let me near the computure very much,
    ill do anything you need to help,
    kara
  14. carolweedwad

    carolweedwad New Member

    Please help.......i am going to be facing an ALJ What do they say or do that makes you mad, frustrated, confused, feel like crying etc. What can I do to prepare myself?
  15. Achy-shaky

    Achy-shaky New Member

    It's so important to have an attorney you believe in. I've had some bad experiences with workers comp attorney - it is a large firm and when I didn't like one attorney I asked for someone else in the firm & lucked out with one I felt would fight for me. Attorneys are like doctors...some are good, some are not.

    I've been denied once and just sent in my reconsideration forms. When I was looking for attorney I had some tell me that it would be hard to win if I was in the middle of a workers comp case at the same time. I contacted Scott E. Davis who is highly recommended on this website (go to the disability page). He specializes in FM/CFS cases and was helpful via e-mail even before he took my case. Not sure he would take yours at this point but it would be worth asking.

    For the person who had to pay 395 up front...was it for expenses? I believe they are allowed to charge up to 400 for expenses to go to hearing but you shouldn't have to pay that up front.

    BTW: the remark about balancing your check book...you are so right - that's one thing they seem to think is difficult for a person with cognitive problems. Not sure if this matters but I would think it's also not a good idea to tell them you do your banking online - to me that is much easier than writing checks but they may feel that it takes good mental skills to do that, which is crazy but whatever. The other thing I found out is if you go to their doctors, do not drive yourself...they seem to think just because you can drive, you can work! What a bunch of crap!! I know someone who got approved on the first try & she seemed to think it was because she had a friend go with her to the exam and tell the doctor she had a hard time communicating with doctors. Her only problems were depression and bad eyesight. Go figure!!

    Best of luck to you & keep us posted.

    Blessings,
    Shaky