SSDI ALJ Hearing successful

T

T-man

PEB Forum Regular Member
PEB Forum Veteran
Registered Member
On Wednesday, 25 FEB, had my SSDI hearing and after the hearing my lawyer told me we won. However, still not comfortable until I see the award letter. Thanks to this site for all the tools I have used. I applied for social security in September, 2013 before I came across this site. However, with the bank of information gathered from this forum, I was able to re-group, readjust, regenerate all the providers letters, functional activities, SGA, then fire my lawyer and rehire a new one. I knew it was going to be a good outcome overall.

To contribute and help another Veteran, see timeline below and figures if officially awarded, hope the ALJ don't change his mind over night (lol):

1/22/2013-Date of application
7/01/2013-Onset date
2/25/2015-Date approved
$2351-monthly benefit
**$1531/mo
**$800/mo-spouse & children (auxiliary)
$32,914-SSDI back pay
$16,457 (Dependent) Back pay

T-man
 
T-man said:
On Wednesday, 25 FEB, had my SSDI hearing and after the hearing my lawyer told me we won. However, still not comfortable until I see the award letter. Thanks to this site for all the tools I have used. I applied for social security in September, 2013 before I came across this site. However, with the bank of information gathered from this forum, I was able to re-group, readjust, regenerate all the providers letters, functional activities, SGA, then fire my lawyer and rehire a new one. I knew it was going to be a good outcome overall.

To contribute and help another Veteran, see timeline below and figures if officially awarded, hope the ALJ don't change his mind over night (lol):

1/22/2013-Date of application
7/01/2013-Onset date
2/25/2015-Date approved
$2351-monthly benefit
**$1531/mo
**$800/mo-spouse & children (auxiliary)
$32,914-SSDI back pay
$16,457 (Dependent) Back pay

T-man
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Be sure when you get your retro payments you see a tax person ASAP.

The SSDI giveth BUT the IRS can taketh away.

So please see a tax person before you allocate all those funds to other purposes.

nwlivewire
 
Thanks nwlivewire, I will. Also want to thank you for being a blessing with all your old SSDI posts and guidance played a big role in making my case a success.
 
Congratulations! Very nice outcome!
 
T-man said:
Thanks nwlivewire, I will. Also want to thank you for being a blessing with all your old SSDI posts and guidance played a big role in making my case a success.
Click to expand...

Gosh!

It feels good to hear positive feedback.

And I am glad you stuck with it.

This will be handy for your family - especially the kids.

nwlivewire
 
T-man said:
Thanks nwlivewire, I will. Also want to thank you for being a blessing with all your old SSDI posts and guidance played a big role in making my case a success.
Click to expand...

I would be interested in knowing, if you are inclined to share, what was the most important/relevant points you learned that helped in getting a good outcome for you.

I think that might help others.
 
No problem, at the moment I'm using my iPhone, when I get to my laptop then I'll organize info and send it out.
 
Good day peb forum community,
I just want to share some of the tips and ideas for my successful Social Security case to be blessing to other Veterans. All cases are different, but below is the path I took. //
BLUF, I will continue to update this thread but for the mean time I will just highlight some of the strategy I took up to this point. Before we go any further, on future posts, this thread will be divided into sections so it will be easier for readers to understand and won’t get lost in the midst of my war story:
  1. Past history/common mistakes
  2. Strategy/Preparation/organization
  3. Support
  4. ALJ Case,
If I knew then, what I know now, I believe my case would have been a one time through.
_________________________________________________________________________________ To be continue
 
Continuation:

  1. Past history/common mistakes
*This is my 2nd application for social security. I applied before back in 2010 while in a WTU unit and was denied once and then I stopped pursuing it. Due to lack of knowledge, at the time, I did not know any better. I did not know that you can get denied several times and/or can hire a lawyer to pursue your case and won’t get paid until the case wins. So I returned to duty in January of 2011 and continue Soldiering until the wheels fell off.

*Fast forward to the successful application since October of 2013>, Another mistake, I did not reopen my old 2010 application for the same reason, I did not know any better that you can hire an attorney to pursue the initial denial and/or reopen an old a social security case. I reapplied again in OCT 2013, after I got seriously injured. Also I was in so much pain that I am unable to finish my Masters degree due to inability to focus/concentrate. I failed classes left and right and with Tuition Assistance was happy to collect money from my paycheck.

*This time I applied through our local SFAC WTU unit on October 2013 and I did not change the claims from 2010 application but the medical record is thicker and severity injuries gotten worse. The main mistake I repeat again was that I listed everything, from head to toe. I listed all my medical condition just like you are doing a VA claim. I thought this time, my case is now stronger and it will be a one shot since the severity of my previous injuries are getting worst. However, 3 months later, I received a denial letter. This time, I hired a Lawyer and did lots researches of why, I am so denied after being on convalescence leave and quarter so for many days.

To be continue:
 
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Continuation #2

  1. Strategy/Preparation/organization
  1. When applying for Social Security; try and limit your claims to one or two conditions, not 10: preferred technique: one mental and one physical condition.
    Note: It’s ok to list other conditions to help paint the picture, but not as being the primary claim.
    If you have already submitted your application, it’s ok. (see concern letter 2b.)
  2. Check out the Social Security listing and see if your condition meets Social security’s definition:
    *Meet a listing: Social security identify a specific medical condition and if your condition meets a medical definition according to social security rules
    * Ensure you have evidences i.e. diagnoses, x-rays, MRIs and medical evidence to back it up. For example, listing Arguments for Inflammatory Arthritis 14.09.
    -It is presumed that you are not able to work if you meet the listing.
    -If your Doctor can describe the listing in your medical record or supporting letter will be great.
    -Often times when requesting these letters, the Doctors won’t do it and will just tell you that is what the medical record is for. Or sometimes time, really want to help you but don’t know how. Therefore be proactive and may want to draft a functional activity letter
    - Print out a copy of the listing and bring it out to the Doctor to prepare narrative reports that describe your condition and the phrasing of the listing.
    c. Argue a functional capacity: When the Doctor write letter, include in it an argument of a Functional capacity: Your capacity for work has been so reduced by your condition, that you would not be reliable. A letter of concern or a letter to social security why the doctor feels you cannot perform functions that are equivalent to work.
    - For example: cannot sit down or stand up for a longer period of time, difficulties walking, lifting, carrying, do you need to raise your legs, basically most of profile limitations.do you need to take unscheduled breaks. If it’s mental health, do you have problems with attention, concentration, and completing tasks, interfacing with other people, could not work with your supervisor, or considered a threat to the general public. You can still list the other conditions to paint a complete picture./////////////
To be continued:
 
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Continuation #3;
This is how one of my sample letters looked like:
  1. TO: ALJ or to whom it may concern
    SUBJECT: Medical Officer’s statement ISO “SM name”
  1. Request “SM name” be evaluated for disability under Social Security listings codes: 14.00(one physical code) and 12.00 (one mental code)
  2. On the body of the letter, highlight a little about your past history of all conditions.
  3. Highlight on the present condition
  4. Highlight the functional capacity
  5. Then write a conclusion and re-emphasize and reiterate the codes mentioned on the subject above.
TO BE CONTINUE……
 
Continuation #4……
Another 3 months went by, then I receive a 2nd denial letter from Social security Administration. I consulted my Lawyer immediately of why I was denied after all the preparation was set. He started tab-dancing, and said he had not seen any of my letters nor any update of my conditions at all, so he did not submitted any additional updates to the Social security. But he demanded me to start gathering these information myself and bring it to him. I informed him that I cannot walk and in addition I signed the release form for him to do all the leg work as for what he is paid for. The guy still show a sign of no mercy, so I wrote a letter (do not call) to dismiss his service and ask not to part take in my case anymore. It’s a professional way of saying “you are fired”.

I was able to manage my case for a little while and coordinated with the Social Security Case for an assigned Case date. And on September 2014, I came across this site and was able to extract more information from the SSDI threads that really boost my case to the next level. It really influence my decision to hire another Lawyer and let them deal with it.
The first thing my new Lawyer did was sent me forms of authorizations for release of medical records. The second set of forms was a history of work history and medication. I studied this site and some of the hints and advise from live people(like gsflower, warrior44, nwlivewire and many more) are as follows:
**Medications: Continue treatment and taking meds/ keep them current and know them i.e. mg/frequency/refills
**Onset date is the date of injury not the date of application
**17 months is the magic number
**Substantial Gainful Activity: is the last day you work at your MOS (SSR 84-24)
**Pay: Soldiers get paid for compassionate because of their unfinished contract
**Work history: Utilize the word Convalescing, when writing your work history
**Judges requirement during a Social security case.
And many more like you tubing and watching sample Social security cases.
To be continue://
 
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Continuation #5……
4. Support:
Now that I have a new and an awesome Lawyer and is a go getter. Proven when I contacted the Medical records people, a copy of my records were released to those whom I authorized. Lawyer went and got a supervisor letter and constantly contacted me to keep in touch on updates. Send me stuff like sample ALJ cases and pamphlets to build my confidence when the Judge ask questions.
As we strategize my case: IAW my Lawyer, most of the time the Judge made up their minds based on the Evidences presented, before the case convenes. So the preferred method we used is to be able to dictate the case all along with the basis of the letters from the Doctor and readjust the, Onset date on purpose so there will be no further questions.

5. ALJ Case
  1. Came the day of the case, The Judge opened with an introduction and 5ws of he case. Then I swore in. Asked my Lawyer a question and my Lawyer quickly responded and referred to the Doctors letters. The Judge did not referred to anything else and use the letter as the main source of questions. He asked me a couple of questions: If married, how many children and start asking the hard ones on why I cannot work? Then asked about my education and work history.
    -He then turn the tables over to my Lawyer and she asked me several questions hitting up on the functional capacity etc.
    -Then ALJ asked the Vocational Expert, but he could not find any job that can fit my conditions. About 20 minutes total then my case was done.
When I came outside, the Judge called my Lawyer back in, and came back with the happy results. She gave me the good news and estimated figures and informed me to wait for the “award letter” . Other than that, I am now just playing the waiting game.
Hopefully this can be of any help to our fellow Veterans when applying for SSDI Benefits.
 
Ehats the farthest they can back pay? Ive applied four times 08,10,13,14... In 2014 is when i said screw it appeal and lawyer up. Only difference for me from 08 to 10 is amputation and ptsd ratings from va have increased. Do i need to ask if they can go back to 08 from when i was med boarded out?
 
jhartson23 said:
Ehats the farthest they can back pay?

Use calculator below to give you a better idea of the back & retroactive payments. As far as the $ amount, you can ask your lawyer for an estimate of your entitlements and auxiliary payments for Dependents.

*Backpay and Retroactive pay are two different things:

-Backpay=can go back as far as 12 months from the day you were approved to application date
-Retroactive payments=can be paid for the months you were disabled and unable to work before you applied for disability benefits.

Use Retro/backpay SSDI calculator:

http://www.ssdfacts.com/CalcSSDI

Do i need to ask if they can go back to 08 from when i was med boarded out?[/QUOTE

You can ask them to go back to your "date of injury" ( which is your Alleged Onset Date. All Lawyers are different and have their own winning recipes. If noticed in my case's timeline, I chose to readjust my onset date and I did not go all the way back to 2010. It was part of plan A of my strategy, which is to "win first," as long as I get my the monthly payments and some back & retro payment. Then maybe later pursue plan B later if needed, which doubt it, I am satisfied with the current results.
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Continue the fight until you get your well deserve money and thanks for hanging in there.
 
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Thanks really appreciate it.. I will definitely keep at it. I know there's hope always is..so i shall wait and see
 
T-man said:
Continuation #5……
4. Support:
Now that I have a new and an awesome Lawyer and is a go getter. Proven when I contacted the Medical records people, a copy of my records were released to those whom I authorized. Lawyer went and got a supervisor letter and constantly contacted me to keep in touch on updates. Send me stuff like sample ALJ cases and pamphlets to build my confidence when the Judge ask questions.
As we strategize my case: IAW my Lawyer, most of the time the Judge made up their minds based on the Evidences presented, before the case convenes. So the preferred method we used is to be able to dictate the case all along with the basis of the letters from the Doctor and readjust the, Onset date on purpose so there will be no further questions.

5. ALJ Case
  1. Came the day of the case, The Judge opened with an introduction and 5ws of he case. Then I swore in. Asked my Lawyer a question and my Lawyer quickly responded and referred to the Doctors letters. The Judge did not referred to anything else and use the letter as the main source of questions. He asked me a couple of questions: If married, how many children and start asking the hard ones on why I cannot work? Then asked about my education and work history.
    -He then turn the tables over to my Lawyer and she asked me several questions hitting up on the functional capacity etc.
    -Then ALJ asked the Vocational Expert, but he could not find any job that can fit my conditions. About 20 minutes total then my case was done.
When I came outside, the Judge called my Lawyer back in, and came back with the happy results. She gave me the good news and estimated figures and informed me to wait for the “award letter” . Other than that, I am now just playing the waiting game.
Hopefully this can be of any help to our fellow Veterans when applying for SSDI Benefits.
Click to expand...


Where did you go to find a go lawyer. I'm in the same boat right?
 
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