SSDI Hearing tomorrow

T

Trevis Kelley

PEB Forum Regular Member
PEB Forum Veteran
I have an SSDI hearing tomorrow. They have denied my application, and my appeal, and now we are working with a lawyer going to a hearing. The lawyer has already told me a few things, but was wondering if you all have any advice. I really want this to go well... Thank you all very much in advance!

Trevis
 
Trevis Kelley said:
I have an SSDI hearing tomorrow. They have denied my application, and my appeal, and now we are working with a lawyer going to a hearing. The lawyer has already told me a few things, but was wondering if you all have any advice. I really want this to go well... Thank you all very much in advance!

Trevis
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No worries; it's all good! ;)

With being positvely proactive, it's very challenging to obtain a "disabled" SSA SSDI determination.

But, it's not impossible to obtain a "disabled" SSA SSDI determination if all medical conditions are well documented by military and civilian healthcare providers.

Thus, best of wishes for a successful and favorable "disabled" SSA SSDI determination upon completion of your AJL hearing.
 
Well, I am getting ready to head out to my hearing. Super anxiety today. Wish me luck! Can't go any worse than my formal board did.
 
Trevis Kelley said:
Well, I am getting ready to head out to my hearing. Super anxiety today. Wish me luck! Can't go any worse than my formal board did.
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Best of wishes for a successful and favorable "disabled" SSA SSDI determination upon completion of your AJL hearing.
 
Trevis Kelley said:
I have an SSDI hearing tomorrow. They have denied my application, and my appeal, and now we are working with a lawyer going to a hearing. The lawyer has already told me a few things, but was wondering if you all have any advice. I really want this to go well... Thank you all very much in advance!

Trevis
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Make sure you state loud and clearly, that you no longer can work in your MOS (job to them).
 
The ALJ is not looking for the fact that you can or can not perform your MOS. They are looking to see if you are able to perform any substantial gainful activity (SGA).

The benefit of not being able to perform your MOS while being on active duty is that you are not actually performing any SGA at the time while serving so your income in not counted against you (SSA considers the pay to be compassionate).

The ALJ can find that you may be able to perform SGA once you transition out of the military (i.e. putting pencils in boxes), this is where your residual functional capacity assesments come into play. You will need to understand the form and what the physicans have stated and possibly testify as to why you feel you are unable to perform SGA based upon those assesments.
 
Here is my take away for anyone else who may be facing this ordeal:

The lawyer will ask most of the questions. Then you answer as best you can. Then the lawyer will enter any new evidence. Then the ALJ will ask whatever they would like from you. Then the vocational expert will testify as to what jobs you can do or not do. The ALJ will give your lawyer the chance to ask questions to the vocational expert. Then the ALJ will ask everyone if there is anything else and close the hearing.

It seemed like I was on trial and the vocational expert was the DA prosecuting the case. My lawyer spent a good deal of time trying to get the vocational expert to admit that I have had several medical doctors say that I cannot work. The vocational expert tried so hard to make it sound like I could work anyway. I think the hearing went well, but I won't know for sure until I receive the decision. So, more waiting game for me! At least I am getting good at doing that!

Thank you all for your support!
Trevis
 
Trevis Kelley said:
Here is my take away for anyone else who may be facing this ordeal:

The lawyer will ask most of the questions. Then you answer as best you can. Then the lawyer will enter any new evidence. Then the ALJ will ask whatever they would like from you. Then the vocational expert will testify as to what jobs you can do or not do. The ALJ will give your lawyer the chance to ask questions to the vocational expert. Then the ALJ will ask everyone if there is anything else and close the hearing.

It seemed like I was on trial and the vocational expert was the DA prosecuting the case. My lawyer spent a good deal of time trying to get the vocational expert to admit that I have had several medical doctors say that I cannot work. The vocational expert tried so hard to make it sound like I could work anyway. I think the hearing went well, but I won't know for sure until I receive the decision. So, more waiting game for me! At least I am getting good at doing that!

Thank you all for your support!
Trevis
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Appreciate the update! :)

To that extent, it sounds like a favorable "disabled" SSA SSDI determination.

Moreover, if I may ask, did the ALJ state when his/her decision will be rendered?

Thus, possessing well-informed knowledge is truly a powerful equalizer.

Best Wishes!
 
Warrior,

The ALJ didn't say, but my lawyer said usually 30-60 days unless they have to set appointments for more tests or anything of that nature.

Trevis
 
Warrior644 said:
Appreciate the update! :)

To that extent, it sounds like a favorable "disabled" SSA SSDI determination.

Moreover, if I may ask, did the ALJ state when his/her decision will be rendered?

Thus, possessing well-informed knowledge is truly a powerful equalizer.

Best Wishes!
Click to expand...
Trevis Kelley said:
Warrior,

The ALJ didn't say, but my lawyer said usually 30-60 days unless they have to set appointments for more tests or anything of that nature.

Trevis
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Understood, and appreciate your feedback. :)

Moreover, I look forward to your future post with a favorable notification about SSA SSDI award determination.

Thus, possessing well-informed knowledge is truly a powerful equalizer.

Best Wishes!
 
How long did it take to get a court date? I have been waiting for almost a year to get a court date and they are telling me that my case is expidited because of Wounded Warrior but it is taking forever!
 
Sentry,

That part was surprisingly fast. I only waited like a month, but I think that was because of my Wounded Warrior status and the fact that they had one scheduled that cancelled and they just got a new ALJ. I think the process works differently in different parts of the country, but somehow mine came quick (everything else about my disability took forever, maybe karma coming back around).

I hope that yours comes soon, a year is too long in my opinion. Really, the government is stealing your money and giving it to your lawyer if your lawyer works on a percentage. I would be pretty upset. At least the lawyer has a $6000 cap. But in my world, $6000 is a lot of money. At least then you will have won and be collecting your checks.

I think that government agencies that withhold your money should have to pay interest on it at the maximum legally allowed interest rate. I think we would see quicker movement, and lower interest rates on those predatory lender's loans. Now I am just dreaming though.

Good luck to everyone here. You all deserve the best.
 
Well, just got the letter in the mail today. I am disabled as of 5 Oct 2012! Looking forward to some good back pay (the part the lawyer doesn't get)! How long is normally from decision made to checks and benefits kicking in (if anyone here knows)? I am pretty sure that SSDI gets taxed, so I am probably just going to put the back pay away to pay taxes. The whole process was extremely fast, don't know why, but it worked! Thank you to everyone for your support, I am happy to be able to contribute to another part of this amazing forum.

Trevis
 
Congrats on your favorable decision. I'm glad it worked out for you and so quick. My SSA rater told me I should get my initial decision as early as tomorrow. I'm expecting denial like everyone else gets first time though. What state did you get approved in if you don't mind my asking?
 
I was approved in Kansas. I don't know how other states are fairing on timeline. I know my lawyer wasn't expecting a hearing date until about a year from April. Then I had a hearing about a month after requesting it, and a decision approximately 2 weeks later.
 
Trevis congrats on the ruling! From what my lawyer is telling me it take two months to get a paycheck from SSDI. I still can't believe how fast you got a court date. I finally got mine for September but we are working on getting it approved before we go to court. If they back-date me to when I stopped working it will be over two years worth of back-pay. Hopefully I will get my VA rating soon that way I will have something else to use as evidence. You would think that the just the fact only that I need a caregiver to help me with my ADL's would be evidence saying I can't work. The fun part is I am too sick to travel to the courthouse. Really hate this process! Good luck to everyone goes through this!
 
Trevis Kelley said:
Here is my take away for anyone else who may be facing this ordeal:

The lawyer will ask most of the questions. Then you answer as best you can. Then the lawyer will enter any new evidence. Then the ALJ will ask whatever they would like from you. Then the vocational expert will testify as to what jobs you can do or not do. The ALJ will give your lawyer the chance to ask questions to the vocational expert. Then the ALJ will ask everyone if there is anything else and close the hearing.

It seemed like I was on trial and the vocational expert was the DA prosecuting the case. My lawyer spent a good deal of time trying to get the vocational expert to admit that I have had several medical doctors say that I cannot work. The vocational expert tried so hard to make it sound like I could work anyway. I think the hearing went well, but I won't know for sure until I receive the decision. So, more waiting game for me! At least I am getting good at doing that!

Thank you all for your support!
Trevis
Click to expand...

Congrats BROTHER, and you ain't heavy... HOOAH!!! ;)
 
SentryFE_10 said:
Trevis congrats on the ruling! From what my lawyer is telling me it take two months to get a paycheck from SSDI. I still can't believe how fast you got a court date. I finally got mine for September but we are working on getting it approved before we go to court. If they back-date me to when I stopped working it will be over two years worth of back-pay. Hopefully I will get my VA rating soon that way I will have something else to use as evidence. You would think that the just the fact only that I need a caregiver to help me with my ADL's would be evidence saying I can't work. The fun part is I am too sick to travel to the courthouse. Really hate this process! Good luck to everyone goes through this!
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I just found out the other day that SSDI won't pay for the first 6 months of of your disability. I don't know the reason for this, but that's how it works. Just so you are aware. It took me by surprise when my lawyer notified me of that point.

Good luck to everyone!
Trevis
 
I think its five months after the date of disability not 6 according to the reg. So if oct is your dat of disability
OCT-FEB meaning march will be your first month of eligible benefits-meaning april would of been the first month of payments. you probaly will get no back pay as that will all go to the lawyer. you could fight to change the date of onset if you have evidence to the contrary, but to be honest I wouldn't fight it.

Now since your through the process etc. could you please give a greater detail about your ALJ hearing, sinc eit appears as though many of us are heading there.
 
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