Comments on: Denied at your hearing? What you can do now

By: Donna Marie Galebach

Donna Marie Galebach — Fri, 31 Oct 2008 12:27:28 +0000

I applied for SSDI in June 2006. I have multiple medical problems and was approved on August 12, 2006. But before my claim was sent for payment it was "selected" for a quality assurance review. Long story short, they overturned the approval-January 2007 and it I appealed the denial and have an attorney. I have been waiting 21 months now for a hearing before an ALJ.

Are you telling me that once I get to a hearing (my health has deteriorated significantly since my denial) they will deny it again and I have to wait longer? This is bull. When someone such as myself is approved (My medical problems are well documented, I have a mental health FCE and a physical FCE both since my appeal and they are favorable. I also have two papers stating I am permanently disabled that my attorney is sending in to SSDI. They have been forwarding new medical records as we go along.

AS many other claimants I have lost nearly everything since my denial and this waiting game that Social Security plays. Why do you have to lose everything near and dear and then be told you have to wait even longer. CAses such as mine that are obvious should have never been denied but thats all part of this ridiulous game by SSI.

Thanks, Donna

By: TomaszStasiuk

TomaszStasiuk — Thu, 09 Oct 2008 04:14:58 +0000

I am writing a post about your question for tomorrow.

However, there are certain parts which I cannot address as it goes into providing legal advice.

Since you mention that you have a lawyer, please contact him or her to discuss your concerns about the vocational expert's testimony at your hearing.

Good luck and I hope you win your case!

A Whole Mess of Legalese:
Information contained on the website and responses to comments (including email) are general information about the Social Security system and are not legal advice. Any information, even if factually correct, may not be appropriate for the specific circumstances of a particular case. Any information provided should not be used for making a legal decision. For a review of the specific circumstances of your case, contact an attorney for a consultation. The Stasiuk Firm is available for consultations by telephone at (719) 630-1225 or (800) 407-016. No attorney-client relationship is formed via unsolicited communications with the website or office. No representation is provided without a validly executed fee agreement signed by the Stasiuk Firm and the client (or their representative). Phew!

By: Nancy

Nancy — Thu, 09 Oct 2008 03:54:23 +0000

I had my hearing today. The judge had a vocational rep come in to testify. he said I had two job options. A cuter paster??? Or a servaliance watcher. I also though he said something about 1/3 work schedlue. How many hours will I be working and what rate of pay. My attorney is filing a brief bcasue she said ther is no way he could deny my case. Also the amount that I would have to stay under is 940.00 HOw do I find the information on how the vocatioal rep gathered this information. I know she did it nation wide, but I life in a small toen that proably does not offer the two jobs she sai I could do.

By: TomaszStasiuk

TomaszStasiuk — Wed, 08 Oct 2008 18:52:39 +0000

Hi J.G.

Thanks for writing. You are absolutely right! It is a great idea to request the hearing recording.

Although nowadays, most ODAR offices use digital recordings so the inaudible or missing tape problems are greatly diminished.

But, that disabilityappeal.com article is great. I referenced it myself for the exactly the point you are making here: http://www.socialsecurityinsider.com/2008/01/de...

Thank you for taking the time to write!

By: J. G.

J. G. — Wed, 08 Oct 2008 18:10:04 +0000

Here is a tip which I just read about and people should know about, if you are denied after a disability hearing: You can actually have the hearing re-done by requesting a copy of the tape of the hearing when you request a review of the hearing. This article has more information about it : http://www.disabilityappeal.com/denial-at-the-h... . It explains it better than I could, but basically what happens is oftentimes the tape of the hearing will be incomplete or just outright missing, and then they have no choice but to give you another hearing, since they simply don't have a record of the hearing itself.