Paranoid claimants

hurtzallot · Joined: 18 Apr 2008 Posts: 2

My 1st appearance before an ALJ from ODAR in KC was the most intimidating, humiliating experience I've ever encountered in my life. NOTICE OF DECISION-UNFAVORABLE. Dated 5-9-2007. I told the truth, food stamps, my children's free school lunches, and any and all personal information (no matter how embarrassing) requested of me. There were questions posed to the VE by the ALJ and then my attorney. I left the hearing feeling I surely obtained a favorable decision. What made me feel this way? I KNOW what I heard. Not so, nightmare continues. My credibility was at question. Me lie to a federal judge? The decision based on a subject a claimant was not granted the opportunity to at least try to explain. I could of lived with the dismissal of my explanation thus the denial.

I started a letter writing campaign to anyone and everyone whom would listen asking why? Some claimants feel this is the only lifeline, and in my mind this man swings the gavel of God. Without the Administrations help, I'm a goner. 2-21-2008 the AC granted a RR and remanded my case to a CALJ in San Diego, CA. Crap here we go again now have I (Or my attorney who never provided me his oral argument to the AC) not only provided parameters for this CALJ to uphold the original decision but hone his own skills and deny me with the aide of a psychiatrist and another VE to be more individual specific with no hypothetical, just facts.

This CALJ was more concerned about getting me the funds so I can attain the MI and get on with my life. He posed questions to me, the Psychiatrist, none to the VE or my attorney. It was stopped at step 3. Ask me if I would amend the onset date, sure... could care less about the money, I need the medical help. Period.

Now I find I still have a 2 year wait ( Maybe it IS about the money) for Medicare. Claimants be patient and honest. Representatives be informative and let the claimant know it's not the end of the world. ALJs I realize you have the most difficult jobs of all, just be fair, there are many fragile souls you're dealing with.

CFR 416.210 almost cost me my sanity and/or worse. I do suggest getting a Representative from the onset and do your own investigating. Too many "HIGH VOLUME" practitioners. Informative great site, even for the novice!

hurtzallot · Joined: 18 Apr 2008 Posts: 2

Saga continues. HELP! I am in need of some guidance, suggestions, or opinions. The law firm I hired has nothing for me except for a delinquent bill for 436$ and some change. (They also are waiting on a substantial sum of my back-pay.) The threat of turning me into collections. They'll have to stand in a very long line until I figure out the next move. Stay with me, I tend to ramble and confuse.

The OCO sent my W/C attorney a request for information on my pending "open" W/C claim. My W/C attorney sent it to me requesting the information ASAP. Why would SSA send a request to me by proxy through my W/C attorney? Anyway, I investigated, did what I had to do, and got all pertinent information back to Baltimore to the payment center. They received it 7-10-08 via certified return registered receipt USPS.

Rational for Decision (Include Assessment of Credibility and Medical Opinions): The claimant is suffering from enumerated impairments. (I'll spare you most of the gory details.) Due to his financial situation, and still open workers compensation claim, the claimant has not been able to receive continued care for his impairments. He has become more isolated, irritable, frustrated, with decreased concentration and patience. He is unable to function due to his pain and mental state. The psychiatric medical expert who reviewed the record opined that I met the listing of 12.04C2 and the ALJ said he did concur. Moreover, my treating physician opined that physically I was less than sedentary in my work capabilities.

Back to the "open" W/C claim. I was severely injured at work, and terminated for being so. Yes fired after almost 7 years of service for just getting injured and properly reporting it to my supervisors. I have received nothing, no money, no medical, no lump sum, nadda. Sounds fishy, but from what I can find it's legal.

Here's where I need the help. Granted Disability (SSI) back to 7/07. Started receiving SSI portion 7/08 and was told that the payment center has 60 days from 7/10/08 to start paying the SSDI portion that I am entitled to, is this correct? MI (Medical reexamination) is expected in 12 months so say he (ALJ) so maybe not say me. The state I live in you do not automatically qualify for medicaid. The clock started ticking in May, the day of the "FULLY FAVORABLE DECISION." Do I need to start preparing for a formal complaint. My attorney has turned into a bill collector and with me receiving almost 300$ a month less than an average SSI recipient, I'll pay it when I stat receiving the full amount due me. I'm not attorney bashing, but honest Indian I've done most of the work and formed the oral argument to the AC. (OAO) Give me some of that good free advice, please. It's all I can afford.

Hurtzallot.

Sandy Fambrough · Joined: 30 Jan 2005 Posts: 219 Location: Orlando, FL

These are general answers to 2 of your questions

1. SSDI is offset by Workman's Comp - more info on SSA website - http://www.socialsecurity.gov/pubs/10018.html

2. SSA has no timelimits to do anything - the 60 days for payment was probably an estimate. Some claims are paid faster and some are paid slower.