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    My story do & donts

    I'm sitting here beating the hell out myself: I'll tell why & hopefully
    it will benefit someone...

    I had my hearing 6/11/14
    The reason im beating myself up is i feel i didn't do or say enough
    to express the pain i go through i mean i explained the kind of pains and where
    but i didnt express it like as i sit here saying i should have...
    Now my different pains can hit me at once & i didnt tell him that
    my leg sometimes get weak and i didnt tell him that (figuring he knows)

    He asked the level of pain & do it gets higher i believe i did good on that..
    I really didn't express how my condition affected my life...
    I brought a unprescribed cane & he asked me about it..He said what it's use?
    then as when i was about to answer it, he answered it for me.(he said oh its for some kind of reason that i cant remember
    H e asked how my house was built as far as stories...i told him upstairs, downstairs & basement & now again i think about
    it i should of told him i only use 1 floor & i also told him how i had 1 of my episodes

    i layed down & fell asleep and the upstairs caught fire because i was cookin some chicken
    & forgot & fell asleep... He said wow!! i told him now i dont cook and i only fix simple meals...
    He of course asked about my limitations i think i did good on that,,then what was really
    tripping me out was he asked how much can i lift again as i was about to answer he answered it for me
    He said what about a gallon of milk,,i said yes..Now mind you that wasnt the 1st question he answered for me

    I'm rattling my brain wondering why. Could it be he wants to approve me & needed me to say the right things, i dont know..
    then after the questioning he turned to the VE and she was a very nice lady she started talking about jobs nationally and regionally
    then the judge asked her a hypothetical & she said its no jobs..Then he asked her another
    hypo again she said no jobs..Then the judge asked my attorney did he have any ?'s he said no
    then my lawyer asked me was anything i left out..again i choked and said no...
    Then he concluded the hearing..I asked can i speak he said yes & i thanked him for being so nice...He said its no use
    being mean to people & said i know you been waiting 2 years so ill try to get you a decision quick as possible. He told me havge a great day..


    Now in my eyeS:
    BAD POINTS: I didnt express myself enough...the cane may have hurt
    my age (40)..doctors said i have mild depression (score 60-65)

    GOOD POINTS: The judge was nice...the VE said no to both hypotheticals..
    litte education (g.e.d)....little job experience

    These are tips i know you read but i will only give you tips in my exp. i know to be true

    1. never bring a unprescribed cane (judge can possibly think its a prop)
    2. If your condition only allows you to sit for only 15 minutes or so & you sit their for 20 minutes
    without getting up you are done...
    3. when u in the office be careful what you do or say you dont know who is around you
    for example...I was in the waiting room & it was a few people in their & i noticed
    some people talking things over with they client right in the waiting room.
    Now to my right was this lady just sitting their and would you know it she was the VE
    So if i would of did or said something wrong i would of been in trouble..

    So now i have that could of did more feeling and its a terrible feeling..
    So please try to express yourself..make him feel YO PAIN or you may regret it later...

    BUT also dont over do it that can be damaging also....

    #2
    Don't fret and second guess yourself. It sounds like you were very nervous but don't let that get to you. If your lawyer didn't ask you any questions that might be a sign that the judge had all the info he needed.

    If you don't get the answer you need keep trying.

    I hope everything works out.

    take care and don't worry!

    sard

    Comment


      #3
      I had my hearing and it was very similar. I felt that I did not have enough time to tell my story. After all we wait 2 plus years and then we got 15 min. to tell what we have gone through for years with this disease.

      I do use a cane and it was not prescribed but my doc said if I felt I needed it use it. Balance, weakness whatever.

      I was completely honest about everything. the VE guy also said In my condition there was no job I could do.

      BAD NEWS DENIED!!!!!!!!!!

      I am appealing it but it takes another 2 plus years.

      Good Luck to you!
      DIAGNOSED=2012
      ISSUES LONG BEFORE
      REBIF 1 YEAR

      Comment


        #4
        REPLY

        if possible can you give me a little more details
        for ex. maybe a couple reasons the judge denied you
        or how many hypotheticals he used. did the VE say no to the hypotheticals when the judge 1st used the hypos or did yo attorney cross examine the VE and get her to say no...In my studying if the ve said no to the hypos without cross examination thats a good grounds for appeal..So please can u give a little more details.. THANK YOU

        Comment


          #5
          Well mine is a very unusual case I guess.

          In my denial letter there was information in it that was so incorrect. The new lawyer I hired, because after seeing this information I new the lawyer I had was not paying attention, she said that they may have mixed up my case and someone else.

          The VE said I could not do any of the jobs. The lawyer I had did cross examine him. I had on my feet physical jobs. I was a deli/bakery mgr. I also worked part-time doing re-sets for Hallmark.

          The denial letter said I was 34, I am 48. Said I quit working in 2000, I quit full-time work in 2012. Said my disability was a torn rotator cuff, obviously that's not the case. Yes, I do have a repaired rotator cuff but I can use it ok. Said I was evaluated by 4 doctors I never even met. My doctors were not a part of the decision. and that's just part of it.

          I still have to appeal and wait.

          I sure hope you have better luck.

          The SSA and this Judge I had don't seem to care that they messed up.

          I just don't know if there is a quick fix. If there is no one will tell me.
          DIAGNOSED=2012
          ISSUES LONG BEFORE
          REBIF 1 YEAR

          Comment


            #6
            Hi, everyone. Thank you for sharing your stories. It sometimes is difficult to know what works and what doesn't work. With regard to the cane, I know that we have a federal court decision in the 7th Circuit that addresses whether a can must be prescribed or not. This issue may vary across the federal Circuits. I wish you all the best in your claim rayray12345.

            Rich
            Attorney Richard Feingold concentrates his law practice in helping disabled individuals obtain the monthly Social Security disability benefits and health insurance that they need to survive. Although based in Chicago, Illinois, Rich helps disability claimants nationwide. He has been answering posts in this forum since June 11, 2003. Twitter handle: @RichFeingold.

            Comment

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