ALJ hearing, got my answer yesterday

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Regular Member

Date Joined Apr 2006
Total Posts : 169
   Posted 10/18/2008 11:03 AM (GMT -7)   
Unfavorable....I feel I didn't get it due to my new DR. didn't feel out an RFC form and also the LTR states my symptoms seemed to be exagerated when I gave my symptoms list and what I can't do anymore.  Judge said I choose to lay down during most of day to to pain and that is a lifestyle you have chosen.  (oh yes!!, I really love to feel like this), this pissed me off.
I can't beleive he said that, I f I went to a DR. everytime I didn't feel good I'd be there daily, also, my new DR's don't accept walk-ins, so by the time I do see them I may be ok.
The LTR did state if I had an RFC form, showing my limitations frm DR, he would have granted me Disabled,cause it would have been directed by Med/voc. expert.
Also, states HB testimony, co-wrkrs ltr are not fully credible, they are not medical professionals and not competnt to make DX or argue severity of my symptoms in relationship to her ability to work.  The claimants hb is the sole support for the c and therefore he has financial interest in seeing the c recieve benefits.  Therefore his opion is unbiased. most, importantly the statements r not supported by the clinical or diagnostic medical evidence, in fact the c admitted she drives and runs errands such as going to Post office or grocery store w/out assistance (I never metioned Post office)
This is so ridiculous, I have evidence of my condition, maybe not of depression, but I stated I do feel depressed, maybe I should have let my old DR. from 3yrs ago say I was depressed. because she said I looked depressed but at that time I din't want to be DX like that.
I was just honest at my hearing and described and gave examples of how when I last worked how I was affected, giving examples during hearing is good my attny said. Also, attny suggested my hb would be a good credible witness.  The thing I thought would hurt my case is the I wrkd frm 11/2007 thru 4/2008, 5mos, that was not used against me, as I did not engage in substancial gainful activity since 2006, the alleged onset.  He noted the times I attempted to wrk part-time.
Do y'll think I should appeal and an RFC done, even if  its frm an old DR not in network?


Post Edited (sunshinesyl) : 10/18/2008 12:06:26 PM (GMT-6)

Regular Member

Date Joined Apr 2006
Total Posts : 169
   Posted 10/18/2008 11:13 AM (GMT -7)   
To make things worse, today is our 5yr annivesary, it's so funny, how during the haering the Judge asked hb did u go on honeymoon, howl ong married?, then to get the Ltr a day b4 the annivsary.
I thought I was going to be approved, he should have just denied us that day, so we wouldn't have to wait. It's terrible while my hb was out in waiting room, from other room person came out and got approved right then and ther that day frm another judge, there was discusion about persons' drug use.
That person got it!! how ridicoulous is that!!!

Veteran Member

Date Joined Sep 2005
Total Posts : 2573
   Posted 10/18/2008 11:40 AM (GMT -7)   
I am so sorry. I would appeal again and get a doctor who will fill out the rfc, even if it is an old doctor who no longer sees you make an apt see them again and get an rfc filled out the expense would be worth it long term.
Dx:fibromyalgia 2002, systematic lupus 2005- definate CNS involvement dxed late 2005, psoriasis 2006, rheumatoid arthritis 2006, PTSD 2007, multiple allergies 2005, migraine, compression fractures T11 & T12, Sj√∂gren's, damaged periphrial nerves 2007, exema
Tx: plaquenil, Enbrel, Tramadol, Singulair, Skelaxin, Baby Asprin, Imuran, Prilosec, lasix, Evoxac, Celebrex, Darvocet when things get too bad, prednisone again, various vitamin/mineral supplements, now cellcept

Regular Member

Date Joined Apr 2006
Total Posts : 169
   Posted 10/18/2008 12:44 PM (GMT -7)   
Thanks for responding, I'm going to call attny on monday. On day of hearing he did say if I'm denied we will appeal, but he thought I had a good chance of winning too.
What do y'all think of the comment of -you chose this lifestyle and hb has a financial interest in case.  well duh, were married!! 
I'm dreading the long, agonizing wait for appeal response. Dear hb says we'll be ok, don't stress, thank god he just got a raise yesterday, something good did happen this week.



Post Edited (sunshinesyl) : 10/18/2008 1:47:17 PM (GMT-6)

Barbara Lee
Veteran Member

Date Joined Sep 2003
Total Posts : 2889
   Posted 10/18/2008 8:22 PM (GMT -7)   
Hi Syl:

I'm so so sorry that you've been denied. I'm sure not having your RFC done by your doctor, had a lot to do with the Judges decision. I'm appalled by the things the Judge said, I don't blame you for being so upset. I'd contact my attorney and make sure he gets your appeal started now, if I'm not mistaken they put a time limit when appealing a decision.

I want to say happy anniversary to you and your hubby. I know it's hard hearing you don't qualify when you're expecting to be approved. I hope that you tried to have a nice anniversary anyway. I agree if he knew he was going to deny you, I don't understand why you weren't told the truth back then. I'm surprised that your attorney allowed your hubby into the hearing room. My attorney wouldn't all my hubby to be questioned he does tons of things for me and my attorney said his presence could do more harm than good.

I wish you well with your appeal and I hope that you're feeling a bit better physically. Please, take care of your self and I hope you had a nice anniversary. Hugs to you and your loved ones.

Take care,
dx fibro, SLE, glaucoma, cateracts, bells palsy, depression, migraine headaches, gastreopaersis, chronic anemia, RA,MDS (Blood Cancer). Tons of meds.

Post Edited (Barbara Lee) : 10/19/2008 10:37:37 AM (GMT-6)

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