How do some ALJ's sleep at night?

Guest

I need to vent a little today.. recently received a horrendous partially favorable decision from an out of town ODAR that has me wondering how some ALJ's can sleep at night doing what they do to claimants. Decision was totally contrived in its evaluation of the evidence so as to result in a finding of disability 5 days after expiration of claimants DLI.

ALJ actually said that the date of the State Agency MRFC was the first medical documentation of the claimant's mental limitations. Whaaaaaaaaatttttttt??? Form was completed 5 days post DLI. Judge falis to discuss the psych exams that took place several years earlier and prior MRFC from state agency with same limits several years earlier or the psych exam that occured 6 months prior to completion of most recent MRFC.

It is so apparent that judge manipulated dates to reach a desired result. I have lost all respect for this ALJ (not that I had much for him anyway)

I don't mean to speak poorly of ALJs in general, they are far and away a good bunch of folk. I am just totally miffed by this one ALJ. I wonder if he kicks the dog on the way out the door every morning????

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

I have to add my $.02 and vent as well - recent denial from ALJ uses the following as 'reasons' for finding the claimant not credible:

1. Claimant appeared at the hearing with an obviously dark tan which conflicts with testimony that she rarely goes outdoors. In fact, what claimant said is that she rarely leaves house and then only goes to doctor and grocery store. Going outdoors and leaving the house are not the same thing.

2. Claimant testified treatment with doctor was erratic because doctor is constantly changing medications. Claimant sees the doctor every month on average - how is that erratic? Medications are changed because of side effects or ineffectiveness.

3. Medical records indicate noncompliance and disregard of rights/feelings of others, breaking rules, testing limits, blaming everyone else, feeling of entitlement, etc. If you haven't guessed by now, this claimant has SERIOUS psych impairments. Basically the judge is saying the symptoms of the illness are reasons for finding the claimant not credible - HUH?

4. Hospital stays are due to claimant being homeless. Do you really think that hospitals in this day would keep someone for weeks or months without a legitimate medical reason? One stay was close to 60 days! This claimant has no insurance and no means to pay the hospital bills.

And the FOUR statements from the treating doctor that consistently list limitations so severe that the claimant is not able to work per SSA regulations? Totally ignored.

The request for review is on its way to the Appeals Council.

David Traver · Posted: Wed Sep 03, 2008 03:44 pm Post subject:

I am genuinely symptathetic to your need to vent. I will join you in two-part harmony.

It's really a craps shoot, (or with all due respect to knowledgeable craps players, a coin flip.) Some claimants file applications in the States in which the DDS offices actually follow the Rulings and Regulations. Others live in the wrong State.

Some claimants get the ALJs who follow the Rulings and Regulations, some get the ALJs who do not.

Some claimants hire lawyers who know how to eventually win a case, some do not.

Some claimants live long enough to get through the entire adjudication gauntlet, some do not.

SSA's incomprehensible and archaic adjudication system is absolutely not the way to allocate life sustaining resources to the disabled. SSA's disability adjudication system is a national disgrace and a painful and harmful insult to the disabled. That one ALJ does not get it is really not the problem. That the SSA does not get it is unforgivable.