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So, I lost my disability hearing. Possibly another two years before I get another appeal.

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shadowknows69 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-14-09 03:01 PM
Original message
So, I lost my disability hearing. Possibly another two years before I get another appeal.
Edited on Mon Dec-14-09 03:02 PM by shadowknows69
At least if I don't make it that long my wife still gets the money. Thanks in advance for any responses, but I doubt I have it together enough right now to reply. Need to go watch a movie or something or I'm going to break. FYI, the Judge ruled against me despite the same evaluator for the Social Security Association declaring me disabled twice, and corroborating what my own counselor's diagnosis was. Anyone who can find any justice in that I'd sure like to hear it. Talk me down.
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DavidDvorkin Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-14-09 03:05 PM
Response to Original message
1. Very sorry to hear that
A movie is probably a good idea.
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Feron Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-14-09 03:05 PM
Response to Original message
2. Have you seen this?
http://php.delawareonline.com/federal/alj.php?queryName=byOffice

I'm very sorry that you were denied. I wish you the very best. :hug:
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shadowknows69 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-14-09 03:31 PM
Response to Reply #2
10. Interesting page. Bookmarked.
I fall into the Syracuse NY bracket I think. The judge I saw is new though and not in those numbers.
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dixiegrrrrl Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-14-09 05:11 PM
Response to Reply #10
21. The denied rate per state is interesting.
Because Mr. D. got disability after 18 months following date of application, and we live in a teeny rural area of a Southern state. At the time, I thought that would work against us.
I really think that the Dr. he saw was very helpful.
Having said that, as a retired Social Worker, I know full well there is no rhyme or reason to some
of the decisions and I had been mentally prepared to insist on a hearing and get a disability lawyer if need be.
The process seems to be capricious. I know of people who have scammed the system and I know of people who more than qualify but do not get approved.
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Echo In Light Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-14-09 03:06 PM
Response to Original message
3. Knew of a guy who fell from a ladder on the job, impaled himself, perforated colon
... suffered horribly, has to wear a colostomy bag the rest of his life, etc, yet had to fight tooth and nail for disability for nearly a decade before the fuckers allowed it.
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EFerrari Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-14-09 03:07 PM
Response to Original message
4. No reply but a hug.
:hug:

I went through the same thing some years ago and just gave up. It's a war of attrition and they won my round.

Anyway, here's one more. :hug:
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Warpy Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-14-09 03:09 PM
Response to Original message
5. Their job is to cheat you out of what you've paid for all your life
Your job is to keep fighting the bastards. Go to the media if you have to. Shame them.

I wish it were possible for ordinary people to sue corrupt judges and get them off the bench. That judge is obviously corrupt.
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Hekate Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-14-09 03:15 PM
Response to Original message
6. Well, damn. Just damn.
:hug:
I wish there was something I could do.

Hekate

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sinkingfeeling Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-14-09 03:17 PM
Response to Original message
7. Very sorry for the denial.
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Soylent Brice Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-14-09 03:17 PM
Response to Original message
8. what bullshit. hang in there, man! don't give up!!!
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MinneapolisMatt Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-14-09 03:30 PM
Response to Original message
9. trying to get S.S. is
next to impossible. I've tried twice, and failed, and finally just gave up.

I am so sorry for what you are going through.

(I don't know how all of the freeper types think all kinds of people get it for free. Certainly hasn't been my experience.)

Take care. :) -Matt

:hug:
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uberblonde Donating Member (993 posts) Send PM | Profile | Ignore Mon Dec-14-09 03:31 PM
Response to Original message
11. Contact your congress critter.
Always ask for help on federal matters, they have people who do nothing but help constituents on problems like these.
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shadowknows69 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-14-09 03:45 PM
Response to Reply #11
16. I'm awaiting a call from an advocacy group to see if they'd help me compose one.
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Greyhound Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-14-09 03:33 PM
Response to Original message
12. I'm sorry shadowknows69.
:grouphug:


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gratuitous Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-14-09 03:35 PM
Response to Original message
13. File a federal case
I worked for a firm that disability cases for over 10 years. The ALJ is usually just a rubber stamp for the Appeals Council. Now that you've exhausted your administrative remedies, it's time to bring this before a federal judge or magistrate. Don't give up. If this is an area of expertise for your attorney, he or she should be able to give you a good idea of your chances of prevailing. If your attorney isn't well-versed in this area of law, ask for a referral to an attorney who is.

And if I didn't say it before, I'll say it now: Don't give up.
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shadowknows69 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-14-09 03:45 PM
Response to Reply #13
14. My attorney hasn't mentioned either of those options.
I'm frankly not convinced he's as good as people around here say he is. It was his first time dealing with this Judge. Don't know if that had anything to do with it. I'm so tired.
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Hawkeye-X Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-14-09 05:13 PM
Response to Reply #14
22. I know a guy.
Does nothing but fight SS cases and workmans comp here in Denver for over 35 years. He's a Dem to boot. Very nice guy.
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shadowknows69 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-15-09 12:47 PM
Response to Reply #13
28. Talked to lawyer today. Apparently we go to appeal council first
If we lose there then we appeal on a federal level.
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gratuitous Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-15-09 04:08 PM
Response to Reply #28
29. Ah, okay
I got it backwards. It's been a few years since I was involved in social security law. Probably a rubber stamp of the ALJ decision, but it exhausts the administrative remedies, which clears the way for a federal complaint.

Good luck, and hope you're holding up okay. Hang in there!
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LuvNewcastle Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-14-09 03:45 PM
Response to Original message
15. Sorry to hear that.
Before I was given disability, I was told that it would take years, but luckily it didn't. You're going to have to keep trying. I know you're feeling bad about it all right now, so go ahead and get your mind off of it for now. You'll feel better again and will be able to fight them later.
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Tippy Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-14-09 03:59 PM
Response to Original message
17. (((( shadowknows69 ))))
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UTUSN Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-14-09 04:22 PM
Response to Original message
18. Do you have a lawyer? n/t
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Odin2005 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-14-09 04:46 PM
Response to Original message
19. Damn! that sucks!
:( :hug:
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Ignis Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-14-09 04:58 PM
Response to Original message
20. I have no advice.
Just this: :hug:

Hang in there.
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ThomCat Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-14-09 07:28 PM
Response to Original message
23. I'm very sorry.
:(

I don't understand how the judge could declare you not disabled if the evaluator declared that you were.

Normally the situation is the reverse, the evaluator says you are not disabled and the judge has to look at medical evidence the evaluator ignored to overrule the evaluator.

:hug:
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roguevalley Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-15-09 04:07 AM
Response to Original message
24. I don't know what to say except that I hug you and wish you peace
for a moment while you regroup. These bastards. I hate them. I will help you hate them, honey.
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laughingliberal Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-15-09 04:13 AM
Response to Original message
25. So sorry to hear that. I was just wondering yesterday if you had heard yet.
I do hope there is something that can be done before you wait another 2 years.

Hugs.
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area51 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-15-09 04:53 AM
Response to Original message
26. I'm so sorry.
:hug:


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goldcanyonaz Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-15-09 05:07 AM
Response to Original message
27. I'm so sorry to read this, maybe you need to speak with another attorney?
Some, unfortunately, are much more knowledgeable than others in this area.

Best wishes sent to you.

:hug:

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susanr516 Donating Member (823 posts) Send PM | Profile | Ignore Tue Dec-15-09 05:19 PM
Response to Original message
30. I'm sorry, Shadow.
My only advice is to keep appealing.

:hug:
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