Unfortunately, justice is not blind. All people, including "judges", bring bias to their decisions. Not sure if its possible, but during the appeal I'd ask that the ALJ be recused for twice failing to follow the law.
Unfortunately, justice is not blind. All people, including "judges", bring bias to their decisions.
Not sure if its possible, but during the appeal I'd ask that the ALJ be recused for twice failing to follow the law.
Discussion: Fistula and has had chronic migraine for many years and is essentially disabled from it. Additionally he has had all the treatments that I think a reasonable period and so far has had no significant benefit from it therefore in my opinion he remained he is 100% disabled and will remain so until sometime relief can be obtained. At this point I would recommend that he be considered for occipital nerve stimulation but as but to my knowledge that is not available through the VA system. It can be done through the University or Moffit and I would recommend consideration be given for that approach. Alternatively I do not see much point in try other medication since I believe he has been through all the normal medications. I have also suggested that he might be able to get him on a research study showed that the available I am not aware of anything it has been done locally in that regard bu that is something also might be considered. Since I really do not think I have anything to offer this gentleman I am not going to make a specific return appointment at this time.
Thank you for the information. I recently had my ALJ hearing and as I expected, my Attorney said that it went well and that I should be good. As I read several posts regarding ALJ hearings and what Attorney's state, it seems as though this is only a statement of encouragement, not an actual sign of things to come. As I remain optimistic, I will continue to research other possible outcomes and courses of action.
As mentioned before, never stop fighting, always assist others, and good luck! I will post when I know what my outcome is.
Okay Bro!Franky, I wish that you will have a favorable outcome, from your hearing!
So, just a quick update on where I stand. Currently, I am just over a week away from appearing for my third time in front of the ALJ. The process is emotionally draining on myself, and my family, not to mention the physical stress that it causes, as no one I know, wants to be involved with any type of court hearing, even if it could be beneficial to them. However, if I don't fight for myself, no one else will, and this would be detrimental to my loved ones.
I will continue to share what I have learned through this process, and hopefully this arduous journey will end in just a few short weeks, with a positive outcome.
My lawyer gave me the social security form to hand carry to my doctor. He answered the questions on the form . Now I receive SSDI.So, I just recently went to my hearing at our local ODAR office, and had an attorney represent me, as my case is somewhat complex. All went well during the hearing, however, the judge opted not to ask me any questions, and let the representative do all of the questioning. The hearing wrapped up inside of thirty minutes, and I my treating physician at the VA, as well as an IME both say I am not able to work.
Just the other day, my I received the Judge's decision in the mail, and when I read it, he gave me an Unfavorable decision. Reading into the details, it seems that the Social Security Office requested an RFC from a physician that has never seen me before or treated me, with in the VA system, and they used this to great weight in their decision instead of my treating physician. Which, my treating physician would have more experience, and knowledge concerning my disabilities, than a physician that has never treated me before.
I can speak to this, from recent experience, the system is set up in a box, and if your disabilities can not be put into this box, then the SSA feels that the SM is capable of performing work. Even though, a SM like myself, has been rated by the VA, to be unemployable due to my disabilities.
My lawyer gave me the social security form to hand carry to my doctor. He answered the questions on the form . Now I receive SSDI.
Hello AvnSgt please keep us posted of your outcome this does help us with having hope and to know what's going on with the system. Keep the faith and do not give up!Franky, I wish that you will have a favorable outcome, from your hearing!
So, just a quick update on where I stand. Currently, I am just over a week away from appearing for my third time in front of the ALJ. The process is emotionally draining on myself, and my family, not to mention the physical stress that it causes, as no one I know, wants to be involved with any type of court hearing, even if it could be beneficial to them. However, if I don't fight for myself, no one else will, and this would be detrimental to my loved ones.
I will continue to share what I have learned through this process, and hopefully this arduous journey will end in just a few short weeks, with a positive outcome.
The VA just a few months ago allow the service members to choose another doctor. The doctor did not have to be in the VA network a card was issued. The forms I believe accepts a Nurse (NP). The judge also accept the written ratings form the VA. IF I did not believe that the at VA or anyone was not taking care of me I professionally change doctors several times over the years.@gtpatt Congrats. That is a good tactic to use, if your doctors will accept the paperwork, without going through ROI.
The VA just a few months ago allow the service members to choose another doctor. The doctor did not have to be in the VA network a card was issued. The forms I believe accepts a Nurse (NP). The judge also accept the written ratings form the VA. IF I did not believe that the at VA or anyone was not taking care of me I professionally change doctors several times over the years.
Hello Franky, what you are going to do is keep trying and appeal! This is what the system wants for us to do. I just wrote above to AvnSgt that it depends on the judge you have and you posted this. Do not give up. I do understand what you meant by saying you don't know what you are going to do, but it's the doing what has to be done now!I just received my "Notice of Decision - Unfavorable" and it hurts! I had my ALJ hearing on the 6th of October and during my hearing, I explained myself and injuries, my representative spoke on my behalf, and there were no jobs that I would be able to do, with my disabilities. My representative said "it went well." Well, I did look up the judge after the hearing and to my surprise, he only grants 24% of the time. I'm not sure what I am going to do at this point.
I am glad you will not. Please keep us posted.You are right and I won't stop.
Hey AvnSgt, I hear you and I know after going through what you are and have experienced with the SSDI ALJ hearings has got to be tough. I can only imagine because I'm just starting my 1st appeal and just completed the appeal form with my Attorney. Due to the SS Grid table standards it makes it hard for any of us even in a protected work class under 50 or 60. This includes considering what medical evidence we may have. The fight for some is hard while others it's easy. I guess it just depends on who the Judges are also