Guess I'm going to lose 4 yrs back pay :(

Discussion in 'Fibromyalgia Main Forum' started by deb_46, Aug 13, 2010.

  1. deb_46

    deb_46 New Member

    Long story short, denied on first claim by ALJ, got it on second claim without even going to court. My first claim denial was picked up by an attorney and taken to the federal level, I won there and was remanded back. Just got the letter and have a new court date for the first claim Oct. 26th but the judge said he is opening up both my cases which means if he chose to deny me I could lose my current benefits.

    When I started this freaking nightmare journey in 2006, been off work since 2004, I was married (30 years) but that went downhill due to my health issues and his midlife crisis so my divorce became final two days ago. So being single now I'm too scared to continue and am going to have to dismiss my case. I talked to the attorney that took me to federal court and she said this judge is about as crappy as the first one I had so I'm scared to continue. My check is also $400.00 less a month than it should be because they docked me the four years I was originally turned down for.

    I know they do this type of thing to run a bluff hoping for a dismissal and if I were still married and stable I would gamble but no man to fall back on now unfortunately. I am so upset!!

  2. mbofov

    mbofov Active Member

    Why do you have two claims?

    Wow - that is a crappy situation. After 30 years of marriage you should be getting spousal support from your ex - I received it from mine after 20+ years of marriage. Also, if your ex has any pension benefits you're entitled to part of that as well.

    I don't know what to advise. It's really not fair at all for you to be put in this position. What does your attorney say (besides that the judge is crappy)? If this judge turned you down, could you appeal again?

    Also, what does your attorney say about the fact that you won at the federal level - it seems that should count for something with this new judge, even if he is crappy.

  3. deb_46

    deb_46 New Member

    No it isn't fair. I'm going to call the attorney that would go to court with me monday and talk to him but unless I can be guaranteed that my current benefits aren't at the mercy of one person again I won't be able to continue. I will ask him about the congressman issue.

  4. deb_46

    deb_46 New Member

    I have two claims because after I had been denied by ALJ and exhausted all appeals on first claim I opened a second one and won on it pretty fast without even going to court. About the time I opened the second is when an attorney that takes claims to the federal level picked up my first as she felt I was denied unfairly (as we all are!) and she did a fantastic job, she sent me copies of all the briefs she prepared.

    About spousal support, kinda got screwed there too. I live in Oklahoma and its really really hard to get here and the judge we had my attorney said never allows it so we did not ask. During our divorce trial at one point my attorney just brought up the mention of my only having SSD to live on and the judge sort of hatefully said "hey sounds like yall are asking for spousal support" which he said no. About a month later when the decision came down the judge said in it that my case would have been one he would have allowed alimony but since I didn't ask he couldn't give it to me. He did give me attorney fees thankfully. I got the house which is paid for and my attorney all along said I would not have to buy him out because I'm on SSD and he works. That didn't work out so well either, have to buy back my house but thank the lord and forgive me as well, had some money hid back as I saw this coming for a few years so alright there but that pretty well breaks me.

    Needless to say, I'm a little gun shy of judges right now.

  5. scarletstang

    scarletstang New Member

    You need to go back either pro se (on behalf of yourself) or with proper legal representation for spousal support. Your spousal support depends on your years of marriage. Oklahoma sometimes follows the award of one year support for every three years of marriage. The laws are written and judge or not, they must follow the law! I also wish you much luck on your other claims. Hopefully, all will work out in your favor.
  6. mbofov

    mbofov Active Member

    I would be a little gun shy too. It sounds like your attorney screwed up in your divorce. He or she shouldn't have assumed what the judge would or would not do, but instead should have gone by the law in your state and also what was in your best interest. I don't know if you can re-open your divorce case to ask for spousal support, but it's worth looking into.

    I wonder - can the judge just decide to reopen your second case while he rules on your first one? I know he said he was going to do that, but I would ask your attorney to check the law on this because it doesn't seem like he would even have the right to do that.

    I think judges are limited in what they can rule on and can't just decide willy nilly to rule on issues that are outside of their jurisdiction. The judge has jurisdiction on your first case because you appealed and you won on appeal and it was remanded. But it just seems wrong that the judge could just decide on his own to reopen your second case.

    Attorneys make mistakes! Ask them to check this out before it goes any further.

    I wish you the best of luck -